Livestock
Health and Pest Authorities Salaries and Conditions Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 246 of 2012)
|
Before The Honourable
Mr Justice Staff
|
4 April 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1A Parties
1B Demarcation
2. Definitions
3. Industry
and Scope of Award
4. Contract
of Employment
5. Classifications
and Salary Structures
6. Competency
and Training
7. Hours of
Work
8. Overtime
9. Recreation
Leave
10. Recreation
Leave Loading
11. Long
Service Leave
12. Public
Holidays
13. Special
Leave
13A. Leave for
matters arising from Domestic Violence
14. Short Leave
15. Sick Leave
15A. State Personal
and Carer’s Leave Case
16. Parental
Leave
16A. Lactation
Breaks
17. Dissolution
of a Board
18. Change,
Redundancy and Termination
19. Removal
Expenses
20. Conference
Attendance and Industrial Leave
21. Living
Allowance
22. Travelling
Allowance
23. Accommodation
Allowance
24. Camping
Allowance
25. Protective
Clothing and Equipment
26. Horse
Allowance
27. Dog
Allowance
28. Flying
Allowance
29. Motor
Vehicle Usage and Allowance
30. Telephone
Expenses
31. Home Office
Allowance
32. Deduction
of Association & Union membership fees
33. Indexation
of Allowances
34. Dispute
Settling Procedures
35. No Extra
Claims
36. Anti-Discrimination
36A. Secure
Employment
37. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
Table 3 - Long Service Leave Accrual
PART A
1A. Parties
The parties to this award are:
(i) The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales.
(ii) The Livestock
Health and Pest Authorities Division
(iii) Livestock
Health and Pest Authorities State Management Council, and
(iv) The Australian
Workers’ Union, New South Wales.
1B. Demarcation
It is recognised by the parties to this award that the
Union shall have coverage of the Level 1, Level 2, and Senior Field Assistant
classifications and that the Association shall have coverage of all other
classifications under the award being Customer Service Officers, District
Veterinarians, Senior District Veterinarians, General Managers, Office
Coordinators, Rangers and Senior Rangers.
2. Definitions
2.1 "Authority"
shall mean the Livestock and Health Authority in which the employee serves.
2.2 "Headquarters
Authority" shall mean the Authority in whose district the headquarters of
an employee is situated.
2.3 "Chairperson"
shall mean the Chairperson of the Livestock Health and Pest Authority Board of
Directors.
2.4 "Director"
shall mean those persons duly elected or appointed as Directors under the Rural
Lands Protection Act.
2.5 "Department"
shall mean the NSW Department of Primary Industries.
2.6 "Council"
shall mean the Livestock Health and Pest Authorities State Management Council.
2.7 "Industrial
Committee" shall mean the Livestock Health and Pest Authorities State
Management Council Industrial Committee
2.8 "Association"
shall mean the Public Service Association and Professional Officers’
Association Amalgamated Union.
2.9 "Union"
shall mean The Australian Workers’ Union, New South Wales
2.10 "Joint
Consultative Committee" shall be a committee comprising the Chair of the
LHPA Departmental Committee, one member of each vocational group and a nominee
of the Association and the Union and not more than an equal number of members
of the Council.
2.11 "Legal
Training Courses" shall mean those Legal Training Courses conducted by the
Department or Council.
2.12 "Customer
Service Officer" shall mean that category of employee qualified and
appointed to assist in the administrative requirements and duties of the
Authority under clause 5.3.
2.13 "District
Veterinarian" shall mean that category of employee employed to carry out
duties under section 43 of the Rural Lands Protection Act 1998,
qualified and appointed to an Authority under clause 5.1.
2.13(A) "Senior
District Veterinarian" shall mean that category of employee qualified and
appointed under clause 5.1(A).
2.14 "Field
Assistant" shall mean that category of employee qualified and appointed to
assist in the field operations of the Authority under clause 5.6.
2.15 "General
Manager" shall mean that category of employee qualified and appointed
under clause 5.2
2.16 "Office
Coordinator" shall mean that category of employee qualified and appointed
under clause 5.4 of this Award.
2.17 "Ranger"
shall mean that category of employee qualified and appointed to perform duties
as Ranger in an Authority’s district under clause 5.5.
2.17(A) "Senior
Ranger" shall mean that category of employee qualified and appointed under
clause 5.5(A).
2.18 "Temporary
Employee" is one who is employed for a fixed term.
2.19 "Casual
Employee" is one who is employed from time to time to do work as and when
required with employment being a series of hourly or daily hirings. The
employment ends at the completion of each engagement.
2.20 "Month"
shall mean calendar month.
2.21 Domestic Violence
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007.
3. Industry and Scope
of Award
This award shall apply to the employment relationship
between Livestock Health and Pest Authorities and the employees of Authorities
for whom terms and conditions of employment are included in this award, in the
performance of work within each Authority’s district in or in connection with
or incidental to the Rural Lands Protection Act, the Stock Diseases Act, and any
other relevant legislation, including the following:
(a) the levying and
collection of general and animal health rates in respect of rateable land;
(b) the provision of
animal health services;
(c) the care,
control and management of travelling stock reserves and camping reserves;
(d) the care,
control and management of stock watering places;
(e) the suppression
and destruction of pest animals and pest insects;
(f) registering
stock brand designs, earmark designs, ear tattoo designs, tail tags and other
means prescribed by the relevant regulations for identifying stock on holdings;
and
(g) any other duties
as required by an Authority that are relevant to such legislation.
4. Contract of
Employment
4.1 Wherever
possible, full-time employment should be implemented.
4.2 Part-time
Employees -
(a) Authorities may
employ persons on a part-time basis in any area of operation of the
Authority. A part-time employee is, for
all purposes of the award, entitled to the same terms and conditions as a
full-time employee, provided that in all cases entitlement is determined on a
pro rata basis.
(b) The number of
hours per week to be worked by a part-time employee shall be mutually agreed
between the employee concerned and the General Manager and such agreement shall
be set out in writing, provided that, in the absence of an agreement, the
minimum number of hours worked shall be seven hours 36 minutes (i.e. one day).
(c) Once the hours
to be worked are agreed upon, any time worked at the direction of the General
Manager by part-time employees in excess of 38 hours per week shall be deemed
to be overtime and the overtime provisions of this award shall apply.
(d) A part-time
employee may work less than five days per week.
(e) Part-time
employment shall not act to the detriment of full-time employees and no
full-time employee shall be required to work part-time.
(f)
(i) A person who is
initially employed to work part-time may elect to work full-time at any time,
subject to the Authority’s convenience and the availability of work for the
classification and grade of the position.
(ii) A full-time
staff member who, with the approval of the General Manager, elects to work
part-time for a set period will be guaranteed the right of return to full-time
work at the end of the period, provided that this is specified, negotiated, and
agreed in writing by the General Manager at the outset.
(iii) Full-time
staff members who elect to work part-time and who have not specified that they
wish to return to full-time work may elect to return to full-time work at any
time, subject to the Authority’s convenience and the availability of work for
the classification and grade of the position.
(g) Job sharing -
The policy of job sharing is agreed. Procedures will be as agreed between the
parties to this award.
(h) If any dispute
arises in relation to the application or operation of this clause, the dispute
settling procedures contained elsewhere in this award shall be used.
4.3 Temporary
Employees -
(a) Authorities may
employ persons on a temporary basis.
(b) The period of
employment shall be notified in writing to the employee at the commencement of
the employment and any extensions thereof.
(c) Such persons
shall be entitled to the appropriate award salary rate and conditions during
the term of the employment.
4.4 Casual Employees
- Authorities may employ persons on a casual basis.
Such persons shall be paid the appropriate salary rate
on a pro rata basis, plus 15 per cent, together with 1/12 of 115 per cent pro
rata salary in accordance with the Annual Holidays Act 1944.
5. Classifications
and Salary Structures
The award is a paid rates award and the salaries set
out in Part B - Monetary Rates, are the maximum salaries payable to the
classifications unless the Council, pursuant to Section 24 (2) (g) of the Rural
Lands Protection Act otherwise determines. Individual staff of an Authority are
entitled to salary sacrifice that part of their salary as agreed between the
staff member and the General Manager. An Authority shall, on the request in
writing of a member of the Association or Union, deduct fortnightly membership
fees from the salary of that employee, in accordance with Council policy.
The parties objectives in this Award are to give
employees access to fair pay increases; and improve the cost effectiveness of
Authorities in New South Wales.
5.1 District
Veterinarians
5.1(A) Senior
District Veterinarian
The salaries of Senior District Veterinarians shall be
as set out in (1A) of Table 1-Salaries, of PART B, Monetary Rates.
5.1(A).1 First
year of service in the Authority system on a continuous basis is probationary
and shall be reviewed and assessed by the General Manager in accordance with
Guidelines issued by the Council.
The salaries of District Veterinarians shall be as set
out in (1) of Table 1 - Salaries, of Part B, Monetary Rates.
5.1.1 An additional per
annum allowance of the amount set out in 1.1 of the said Table 1 shall be paid
to those District Veterinarians serving the Albury, Armidale, Bathurst, Casino,
Deniliquin, Gloucester, Maitland, Moss Vale, Tamworth, Wagga and Young
Districts as at 1 January 1995 until such time as those employees leave those
districts. No further increases to apply to the allowance set out in this
subclause.
5.1.2 First year of service
in the Authority system on a continuous basis is probationary and shall be
reviewed and assessed by the General Manager, in accordance with Guidelines
issued by the Council.
5.1.3 New appointments
to be at the level and grade appropriate for the experience and skill of the
appointee.
5.1.4 Progression
between years in Grades 1, 2 and 3 is subject to 12 months’ satisfactory
service at the previous level and the successful preparation of an animal
health plan which has been approved by the Council as provided by policies and
guidelines issued from time to time by the Council. It is also subject to:
(i) Demonstrating
to the General Manager, the achievement of the animal health plan goals, with
due consideration of any changed circumstances.
(ii) Demonstrating
to the General Manager, flexibility in meeting the Authority and Ratepayer
requirements in the previous year.
(iii) Demonstrating
to the General Manager, working as part of a team with other staff of the
Authority.
(iv) The General
Manager is to coordinate items (i) (ii) and (iii) above.
5.1.5 Progression from
Grade 1 to Grade 2 shall be by application by the District Veterinarian to the
General Manager and assessment (which shall be organised by the General
Manager), by the General Manager and the Regional Veterinary Officer for the
district, or in their absence, another district, that the following criteria
have been satisfied:
(i) Satisfactory
completion of 12 months service at maximum level of Grade 1.
(ii) Authority as
Inspector under the Stock Diseases Act.
(iii) Completion of
the following training courses:
(a) Stages 1,2 and 3
Legal Training courses.
(b) Communications
Skills Training course.
(c) Training in
Supervision of 1080.
(d) Infringement
Notice Training.
(iv) Familiarity with
and ability to interpret Industry & Investment NSW Animal Health Policy.
(v) Familiarity with
and ability to exercise appropriate functions in accordance with policy under:
(a) Stock
Diseases Act 1923.
(b) Rural Lands
Protection Act 1998.
(c) Interstate
requirements for movement of livestock.
(d) Natural disaster
relief policies.
(e) Stock
(Chemical Residues) Act 1975.
(f) Veterinary
Surgeons Act 1986.
(g) Prevention of
Cruelty to Animals Act 1979.
(h) Exotic
Diseases of Animals Act 1991.
(vi) Demonstrated
the following:
a. An animal
health plan (AH plan) has been submitted each year which meets core
requirements of State and National programs
b. Core State and
National program goals as outlined in the AH plan are satisfactorily addressed.
c. Core reporting
requirements in the AH plan are met in a timely manner
d. Supervisor of
Rangers in Animal Health regulatory duties
e. Executive
Officer to the AH Committee of the Authority
f. Ability to
locate and interpret relevant AH policy documents
g. Ability to
locate and interpret interstate movement requirements
h. Competency in
basic computer skills to meet requirements of the AH system
i. Attended
Emergency Management one day course or equivalent
j. Meeting standards for recording AH events within the
district for certification and surveillance
k. Undertaking
Continuing Professional Education to meet guidelines of the Veterinary Surgeons
Board
l. Regular
attendance at Regional AH meetings
m. Obtain
accreditation under EADP training program to Field Surveillance Veterinarian
standard.
5.1.6 Progression from
Grade 2 to Grade 3 shall be by application by the District Veterinarian with
supporting documentation to the General Manager. The General Manager shall
comment on the application and shall organise an assessment by a panel
comprising a nominee of the Authority, a Regional Veterinary Officer from
another district, and a nominee of the Association of District Veterinarians of
at least Grade 3, that the following criteria are satisfied:
(i) Satisfactory
completion of 12 months at maximum level of Grade 2.
(ii) Demonstrated
the following:
a. The AH plan is
integrated into a budgeted and resourced format
b. All major goals
for local, state, and national programs as outlined in the AH plan have been
satisfactorily addressed.
c. As Executive
Officer, provide formalised documentation of regular AH committee meetings.
d. Coordination of
training and development of staff for AH duties.
e. Attended
training at Veterinarians course at the Australian Animal Health Laboratory.
f. Regular
contribution to Regional Animal Health meetings.
g. Involvement in
discussions of policy changes at Regional Health meetings.
h. Contribution to
the Animal Health system as a whole.
(iii) Competence in
the following fields:
a. Epidemiology -
having attended a workshop or obtained skills equivalent to those offered by
Epidemiology for Field Veterinarians.
b. Diagnosis of
diseases of important livestock species.
c. Gross pathology
of livestock species.
d. Knowledge of
the economic impact of diseases of important livestock species.
e. Advising on
diseases important to livestock systems within the district.
f. Livestock
management systems of significance within the district.
5.1.7 Accelerated
Progression
(i) The Industrial
Committee of the Council may grant accelerated progression in Grades 2 and 3
from one year to any other year in the same Grade, on written application from
the District Veterinarian to the General Manager, who shall forward it,
together with their comments, to the Animal Health Manager of the Council.
Such application is to demonstrate that:
(a) General duties
within the Authority are being performed by the District Veterinarian at a
superior level (to be assessed by the General Manager of the Authority, after
consultation with Regional Veterinary Officer),
(b) A major or
significant contribution to an Authority, Regional, or State-wide issue
affecting the industry has been made by the District Veterinarian since the
last progression (to be assessed by the Animal Health Manager of the Council).
(ii) The
progression shall take effect from one (1) month after the date of lodgement of
a successful application to the General Manager.
(iii) In all cases
where an application is refused, the District Veterinarian must receive a
written explanation from the Council.
5.1.8 Progression from
Grade 3 to Grade 4 shall be by application (in triplicate) by the District
Veterinarian with supporting documentation to the General Manager. The General
Manager will comment on the application and shall forward the application to
the CEO of the Council. The CEO will
arrange an assessment by a panel comprising a nominee of the Chief Veterinary
Officer, a nominee of the Council and a nominee of the Association of District
Veterinarians at Grade 4 level. At
least one panel member should have sat on a previous panel. An authority Director may sit as an
observer.
(i) The following
criteria must be satisfied:
a. Satisfactory
completion of 12 months on maximum level of Grade 3.
b. The AH
committee has been heavily involved in the planning, budgeting and evaluation
of the plan.
c. Provided
Authority or AH committee with briefings on AH issues that have local, Regional
or State implications.
d. Demonstrate
that, where appropriate, a team approach with leadership by the DV is utilised
to achieve AH plan objectives.
e. Membership of
the Australian College of Veterinary Scientists in a subject relevant to the
duties of a DV or equivalent post-graduate qualification.
f. Competencies
sufficient to be accredited under the EADP to perform a Control Centre role.
g. Demonstrated
continuing, active and high quality contribution to the State AH system as a
whole, with major or significant contributions to State-wide animal health
programs.
h. Demonstrate
continuing and active contribution to debate and progression of Regional Animal
health issues through the Regional Animal Health meetings and other means.
i. Briefing of
Directors and staff on changes to AH policy changes and implications and where
appropriate, provide training required by such changes.
j. High level of
skill in the diagnosis, treatment, control, prevention, and management of
Animal Health problems in the important livestock enterprises in the district.
k. Major input
into the adoption of improved Animal Health practices by industry with evidence
of substantial benefit.
l. Substantial
high output of high quality advisory material.
m. Demonstrated
cooperation with other functional areas, other disciplines, and other agencies.
n. High level of
input into the planning and achievement of the Authority’s corporate goals.
5.1.9 Progression from
Grade 4 year 1 to Grade 4 years 2 and 3 shall follow 12 months’ satisfactory
service at the previous level and the successful preparation of an animal
health plan which has been approved by Council as provided by policies and
guidelines issued from time to time by Council.
5.1.10 Progression
between the years in Grade 4 shall be subject to the applicant demonstrating to
the General Manager, in consultation with the Regional Veterinary Officer, that
they are performing at the level that resulted in their progression to Grade 4.
5.1.11 For District
Veterinarians who, at the commencing date of this Award were receiving Grade IV
year 1 salary, progression to Grade 4 years 2 and 3 shall be subject to the
applicant undertaking and meeting the criteria and process as set out in clause
5.1.10.
5.1.11.1 For
District Veterinarians who, at the commencing date of this Award, were
receiving Grade II year 3 salary under the previous award, progression to Grade
3 year 2 of this Award shall be subject to the person undertaking and meeting
the criteria and process as set out in clause 5.1.6.
5.1.11.2 For
District Veterinarians who, at the commencement of this award, were receiving
Grade I year 3 salary under the previous Award, progression to Grade 2 year 2
of this Award shall be subject to the person undertaking and meeting the
criteria and process as set out in clause 5.1.5.
5.1.12 In all cases where
an application for progression is refused, the District Veterinarian shall
receive a written explanation of the reasons for the decision.
5.1.13 If any officer
feels that any application for progression has not been reasonably treated, an
appeal may be made to a tribunal consisting of State Management Council, a
Regional Veterinary Officer and a District Veterinarian who has reached the
grade being applied for.
5.1.14 The effective date
of progression from Grade 3 to Grade 4 shall be one (1) month after the date of
lodgement of a successful application.
5.2 General Managers
The salaries of General Managers shall be as set out in
(2) of Table 1-Salaries, of PART B, Monetary Rates
5.2.1 First year of
service in the Authority system on a continuous basis is probationary and shall
be reviewed and assessed by the Chairman of the Authority in accordance with
Guidelines issued by Council.
5.2.2 General Manager
Responsibilities
1. Responsible for
the Authorities’ financial management through to Audit.
2. Responsible for
the systems administration of the Authority’s computer networks and resources.
3. Responsible for
maintenance of all local Authority policy documents.
4. Responsible for
ensuring that all staff comply with OH&S policy of the organisation.
5. Co-ordination
of policy development and planning for Directors and staff and subsequent
implementation.
6. Co-ordination
and implementation of training on management and operational plan performance.
7. Co-ordination
and implementation of training of Directors and staff.
8. Human Resource
Management including but not limited to salary and allowances, leave, other
entitlements, problems, counselling and complaints.
9. Providing all
staff with relevant advice on Board decisions, Council matters and
Board/Authority requirements for advice or action by staff.
10. Co-ordination
and Assisting Directors and staff to prepare management and operational plans
and subsequent review and measurement of these plans.
11. Facilitation of
regular staff meetings and management meetings with Chairman and senior staff.
12. Provide guidance
and support to administrative and other staff in customer relations.
13. Management of
activities of all staff, to ensure that the Authority is operating efficiently,
recognising that individual staff in certain circumstances are responsible for
the technical and regulatory requirements of their position under the
Veterinary Surgeons Act, Stock Chemical Residues Act, and Stock
Diseases Act.
14. Monitoring staff
performance against agreed targets of all staff.
15. Provide
leadership to the staff of the Authority to promote a harmonious and
professional workplace.
Qualifications:
(i) Financial
Management Skills at a high level.
(ii) Supervision
qualifications; or demonstrated skills in supervision; or relevant quality
experience in supervision.
(iii) Special skills
in an area which significantly assists the Authority in its functions.
(iv) Knowledge of
the Award, its application, and relevant industrial relations practices,
including dispute settling procedures and disciplinary procedures.
(v) Management
qualifications or quality experience in management.
(vi) Knowledge of
management strategies.
(vii) Organisational
skills.
(viii) Advanced
written and oral presentation skills.
(ix) Knowledge of
Information Technology systems
(x) External
applicants for the position of Manager Grade 3 would be expected to have an
appropriate tertiary qualification in either business, finance, management,
human resource management, or some other qualification deemed equivalent by the
selection committee.
Progression
(i) After initial
appointment, progression to years 2 and 3 shall be made on application to the
Board.
(a) The Board shall
certify whether the applicant has satisfactorily performed the annual
assessment criteria.
(b) The Board shall
forward the application and certificate to the Council for approval to
progression.
(c) The Council
shall certify whether the Authority has received a satisfactory audit management
letter and the statutory report, function management plans and annual report of
the Authority have been satisfactorily completed and lodged on time in the year
preceding the progression.
(ii) Progression to
year 2 is subject to attending and completing courses on supervision and
conflict resolution approved by the Council.
(iii) Progression to
year 3 is subject to attending and completing a course on Human Resource
Management that adds to management ability, as approved by the Council.
5.3 Customer Service
Officers
The salaries of Customer Service Officers shall be as
set out in (3) of Table 1-Salaries, of Part B, Monetary Rates.
5.3.1 The first three
(3) months of service in the Authority system on a continuous basis is
probationary and shall be reviewed and assessed by the General Manager in
accordance with Guidelines issued by Council.
5.3.2 Initial
appointments may be made to any Grade that is appropriate to the
qualifications, competence and duties of the appointee.
5.3.3 Conditions for
Normal Progression -
(i) Progression
from Grade 1 through to Grade 4 shall be by way of completion of the number of
years service at each level. The progression shall be subject to satisfactory
conduct and performance, as assessed by the officer’s supervising officer, and
subject to approval by the General Manager.
(ii) Staff who
complete one year of service on Grade 1 shall be eligible to progress to Grade
2, year 1 subject to meeting progression criteria in subclause (i).
(iii) Staff who
complete one year of service on Grade 2 year 1 shall be eligible to progress to
Grade 2 year 2, subject to meeting progression criteria in subclause (i).
(iv) Staff who
complete one year of service on Grade 2 year 2 shall be eligible to progress to
Grade 3 year 1, subject to meeting progression criteria in subclause (i).
(v) Staff who
complete one year of service on Grade 3 year 1 shall be eligible to progress to
Grade 3 year 2, subject to meeting progression criteria in subclause (i).
(vi) Staff who
complete one year of service on Grade 3 year 2 shall be eligible to progress to
Grade 4 year 1, subject to meeting progression criteria in subclause (i), and
subject to completing the following training courses as approved by Council:
(a) Customer Focus
for Supervisors Training.
(b) Legislation
Training.
(c) Conflict
Resolution Training.
(vii) Staff who
complete one year of service on Grade 4 year 1 shall be eligible to progress to
Grade 4 year 2, subject to meeting the progression criteria in subclause (i).
(viii) Staff who
complete one year of service on Grade 4 year 2 shall be eligible to progress to
Senior Customer Service Officer Level 1, subject to meeting progression
criteria in subclause (i), and subject to completing the following as approved
by Council:
(a) Leadership for
Supervisors Training or equivalent training as determined by Council.
(b) Records
Maintenance Training.
(c) OH&S Basic
Training, and
(d) Thorough
knowledge of Authority Policy and Procedures as assessed by a written
assessment task by the officers supervising officer.
(ix) Staff who
complete one year of service on Senior Customer Officer Level 1, shall be
eligible to progress to Senior Customer Service Officer Level 2, subject to
meeting progression criteria in subclause (i), and subject to completing the
following as approved by Council:
(a) Financial
Services Certificate III from TAFE or such other qualifications and experience
as Council considers equivalent.
5.3.4 The assessment of
an employee’s conduct and performance may be on an annual basis; however, the
assessment shall be carried out no less than one month prior to the incremental
date. The employee must be notified in writing by the General Manager of any
decision and the reasons for such a decision if it is a deferment of the increment.
5.3.5 Accelerated
Progression -
An Authority may grant accelerated progression to any
year of any Grade if the General Manager certifies, after consultation with the
supervisor, that the employee is performing above expectation in their current
grade and work is available to perform at the higher level.
5.3.6 Conditions for
Accelerated Progression -
(i) An application
for accelerated progression may be made by an employee who may have relevant
qualifications and experience and who, by the nature and manner of the work
performed, demonstrates high levels of performance.
(ii) An application
for accelerated progression must be made in writing to the General Manager. The
application will be accompanied by a recommendation from the Supervisor giving
the reasons for support or non-support of the application.
(iii) The
accelerated progression shall take effect from one month after the date of
lodgement of a successful application.
(iv) If, on receipt
of an application, a General Manager makes a decision not to approve the
accelerated progression, it shall, as soon as practicable, notify the applicant
in writing of the decision, setting out the reasons for the decision.
5.3.7 If a Customer
Service Officer is dissatisfied with the decision of the General Manager on the
question of progression or accelerated progression they may invoke the
procedures outlined in clause 34, Dispute Settling Procedures.
5.3.8 A Senior Customer
Service Officer must supervise other staff if required by the Authority.
5.3.9 Acting as Office
Coordinator, General Manager.
(i) Customer
Service Officers who are directed by the Authority to act as General Manager
for five consecutive working days or more shall receive the rate of pay as
General Manager for the period of relief.
(ii) Senior
Customer Service Officers who are directed by the Authority to act as Office
Coordinator for five consecutive days or more shall receive the rate of pay as
Office Coordinator for the period of relief.
(iii) Senior
Customer Service Officers who are directed by the Authority to act in the
position of General Manager for five consecutive days or more, shall receive
the rate of pay as General Manager.
(iv) No allowance is
paid for less than five consecutive working days’ relief.
(v) The General
Manager will direct who will act in the position, and for how long, each time
this is necessary, consistent with E.E.O. principles.
5.4 Office
Coordinators
The salaries of Office Coordinators appointed in
relation to the creation of Livestock Health and Pest Authorities on 1 January
2009 shall be as set out in (4) of Table 1-Salaries, of PART B, Monetary Rates
5.4.1 First year of
service in the Authority system is on a continuous basis is probationary and
shall be reviewed and assessed by the General Manager in accordance with
Guidelines issued by the Council.
The salaries of Office Coordinators shall be as set out
in (4) of Table 1 - Salaries, of Part B, Monetary Rates.
5.4.2 Responsibilities
1. Coordinate the
functions of the Authority offices including customer service, information
systems, land database, transfers, stock identification, sales, accountable
books, generation of rates and returns, reminders and follow up action on rates
and returns.
2. Responsible for
the supervision of all Customer Service Officers (CSO), including assessing,
recommending, and coordinating training requirements.
3. Coordinate
regular CSO meetings.
4. Implementation
of the Authority’s customer service charter, responsible for maintaining high
standard of internal and external customer service.
5. End of month
financial processing and generation of financial reports for the General
Manager.
6. Responsibility
for payroll.
7. Executive
support to the General Manager
8. Delegated
authority of District Registrar, other delegations as approved by the General
Manager eg: annual stock movement permits, searches, drought claims.
9. Act in higher
duties when the General Manager is absent including executive secretary to the
Board of Directors. Coordinate board papers, meetings, take and action minutes.
10. Training of
Senior Customer Service Officers to act in the position of Office Coordinator
(OC) during absences of the OC and when the OC is acting in higher duties
during the General Manager’s absences.
5.4.3 The assessment of
an employee’s conduct and performance may be on an annual basis, however, the
assessment shall be carried out no less than one month prior to the incremental
date. The employee must be notified in writing by the General Manager of any
decision and the reasons for such decision if it is a deferment of the
increment.
5.4.4 If an Office
Coordinator is dissatisfied with the decision of the General Manager on the
question of progression they may invoke the procedures outlined in clause 34,
Dispute Settling Procedures.
5.4.5 Acting as General
Manager
Office Coordinators who are directed by the Authority
to act as General Manager for five consecutive working days or more shall
receive the rate of pay of General Manager, for the period of relief. No allowance
is paid for less than five consecutive working days’ relief.
5.5 Rangers
5.5(A) Senior
Rangers
The salaries of Senior Rangers shall be as set out in
(5A) of Table 1-Salaries, of PART B, Monetary Rates
5.5(A).1 First
year of service in the Authority system on a continuous basis is probationary
and shall be reviewed and assessed by the General Manager in accordance with
Guidelines issued by the Council.
In this clause any reference to the position of manager
or executive officer is taken to include the position of General Manager.
The salaries of Rangers shall be as set out in (5A) of
Table 1 - Salaries, of Part B, Monetary Rates.
5.5.1
(i) First year of
service in the Authority system on a continuous basis is probationary and shall
be reviewed and assessed by the General Manager after consultation with the
District Veterinarian or Veterinary Officer, and the Senior Ranger (if any) or
the supervising Ranger in accordance with Guidelines issued by the Council.
(ii) Initial
appointment may be to any step in Grades 1 and 2, subject to being qualified
and passing a Performance Assessment, if applicable.
(iii) A person must
continue to hold certification as Authorised Control Officer or Inspector of
Stock to qualify holding the position of Ranger.
(iv) The positions
of Grade 3 Ranger, Grade 4 Ranger, and Managing Ranger Grade 5 require current
certification as Authorised Control Officer and Inspector of Stock. Loss of
certification as an Authorised Control Officer or Inspector of Stock
disqualifies a person from holding those positions.
5.5.2 Allowances
(i) A weekly
supervisor’s allowance as set out in Item 1of Table 2 - Allowances, of Part B,
Monetary Rates, is payable to Field Assistants, Senior Field Assistants, and
Rangers, who are directed by an Authority to supervise the work of a Ranger or
Field Assistant or contractor.
(ii) The weekly
allowance is payable for supervising for part of a week. The allowance is not
payable during the weeks that supervision is not directed; during 5 days leave
or more; nor on termination payment.
(iii) If a Ranger or
Senior Ranger holds a Diploma or Degree, which Council considers relevant, then
an amount set out in (5) of Table 1-
Salaries, of Part B, Monetary Rates, shall be paid as salary to the employee.
5.5.3 Conditions for
Normal Progression
(i)
(a) Progression from
Grade 1 through to Grades 2, 3, 4 to Grade 5 Level 2 shall be by way of
completion of the number of years of service at each grade and subject to
certification by the General Manager, after consultation with the District
Veterinarian or Veterinary Officer and the Senior Ranger that the Ranger is
performing satisfactory service, and has completed all the required units of
study. This includes the required units
of study for previous grades.
(b) Progression of
Rangers (and all other classifications under the Award) will not be impeded if
courses or units of study are not available; "not available" being
defined as "there is no course/module available and there are no future
plans by any organisation to develop training/module for that particular
competency (it does not mean that the course is not available until later in
the year)". It is also agreed that
an employee who progresses under these terms must undertake to do the next
available course/module that becomes available whether that be a replacement
competency determined by Council or one that is scheduled in the Award. An employee who does not undertake to do
this progression requirement shall not be allowed progression. If an employee does not complete the
training/module when it becomes available then he/she shall regress back to
his/her previously held grade.
(ii) The effective
date of progression from Grade 1 through to Grades 2, 3, and 4 shall be the
anniversary of the commencement date of employment, except for progression to
Level 2 for persons employed at the commencement date of this award.
(iii) Progression to
Grade 2 Year 1 Level 2 shall be subject to passing the following units of
study:
(a) OH&S
Greencard
(b) RLPB - Organisation,
policy, structure & functions
(c) Legislation
principles
(d) Rangers role,
Saleyard duties & functions
(e) Chemical
Application & Risk Management (AQF 3 or 4)
(f) 1080 Authority
and Authorised Control Officer
OR Specimen Collection (for Animal Health Specialist
Rangers)
(g) Vertebrate Pests
course, or passing the examination on the Rangers Manual OR Introduction to
Anatomy & Physiology (for Animal Health Specialist Rangers)
(iv) Progression to
Grade 2 Year 2 Level 2 shall be
subject to passing the following units of study:
(a) OH&S
(b) Compliance
Principles
(c) Interstate
Health Requirements
(d) Livestock
recognition, handling & tracing
(v) Progression to
Grade 2 Year 3 Level 2 shall be subject to passing the following units of study:
(a) Communication
and Interpersonal Skills
(b) Client Services
(c) Self Enforcement
Infringement Notice Training
(d) Prograze OR
Introduction to Pathology (for Animal Health Specialist Rangers)
(vi) Progression to
Grade 3 shall be organised by the
General Manager and shall be subject to:
(a) Two (2) years
service as a Ranger
(b) Passing all the
units of study for Grades 1, 2, and 3 at level 2 standard
(c) Passing an
examination on the Rangers’ Manual as conducted by the District Veterinarian
(d) Passing a
progression review by a panel consisting of a nominee of the Authority; the
Senior Ranger r; the Regional Veterinary Officer; and an Agricultural
Protection Officer of the Department certifying that all of the following
criteria have been met:
1. Demonstrated
suitable experience and ability to a standard required by the Authority to
perform the functions of an Authorised Control Officer, a Stock Inspector, and
a Ranger carrying out duties in connection with Travelling Stock reserves as
appropriate.
2. Ability to
exercise all appropriate functions under:
(a) Stock
Diseases Act 1923.
(b) Rural Lands
Protection Act 1998.
(c) Interstate Stock
Movements.
(d) Disaster Relief.
3. Ability to
advise on and implement programs in:
(a) Animal Welfare.
(b) Noxious Weed
Control as it relates to Travelling Stock Reserves if applicable, and Pest
Animal harbour.
(c) Pest Control if
applicable.
(d) Integrated Pest
Management.
(e) Animal Health
Programs for the District.
4. Demonstrated
experience and ability to:
(a) Work without
supervision.
(b) Have input into
Authority Policy formulation.
(c) Prepare adequate
reports to the Senior Ranger.
(d) Maintain
adequate documentation of files and records.
(e) Represent the
Authority and the Department in prosecutions if required by the Authority.
(f) Organise Field
Days for ratepayers.
(g) Perform general
duties in a competent manner
(vii) If an Authority
requires the services of a Specialist Animal Health Ranger, then as an
alternative to subparagraph 5.5.3(vi), the Authority may approve following
criteria for progression to Grade 4:
(a) Passing an
examination for Specialist Ranger on the Ranger’s Manual as conducted by the
District Veterinarian. Where a Ranger
has satisfactorily completed the Ranger’s Manual Examination under the current
award or previous 2004 or 2002 Award,
then the Ranger is not required to re-sit or undertake the Ranger’s Manual
Examination a second time for the purposes of any progression to any grade.
(b) Two (2) years
service as a Ranger (providing that Council may approve a lesser period in a
special case);
(c) Passing a
progression review by a panel consisting of a nominee of the Authority; the
Senior Ranger (if any) or the supervising Ranger; the Regional Veterinary Officer
or their representative and a nominee of the Department certifying that all of
the following criteria have been met:
(d) Demonstrated
suitable experience and ability to a standard required by the Authority and the
Department to perform OJD functions or Footrot functions or any other functions
which the Council approves on a case by case basis.
(e) Demonstrated
that the Specialist Ranger is performing at a high level of skill in the
speciality; and achieving a sustained high output of advisory work.
(viii) Progression to
Grade 3 Level 2 shall be subject to passing the following units of study:
(a) Office systems
practice
(b) Train Small
Groups
(ix) Progression to
Grade 4 shall be organised by the General Manager and shall be subject to:
(a) Five (5) years
continuous service as a Ranger
(b) One (1) year
service on Grade 3
(c) Passing an
examination on the Rangers’ Manual as conducted by the District
Veterinarian. Where a Ranger has
satisfactorily completed the Ranger’s Manual Examination under the current 2007
Award or previous 2004 or 2002 Awards, then the Ranger is not required to
re-sit or undertake the Ranger’s Manual Examination a second time for the
purposes of any progression to any grade.
(d) Demonstrating to
the General Manager, who shall consult with the District Veterinarian or
Veterinary Officer and the Senior Ranger (if any) or the supervising Ranger
that they are performing at a level that resulted in their progression to Grade
3.
(x) Progression to
Grade 4 Level 2 shall be subject to passing the following units of study:
(a) Legislation
Practices
(b) Compliance
Practices
(c) Financial
Planning and Budgeting
(d) Infected
Premises Security Coordinator OR Infected Premises Site Supervisor
(e) Chemical
Application & Risk Management (AQF 3 or 4)
5.5.4 Appointment of
Ranger Grade 5
(a) Appointment to
Ranger Grade 5 depends on:
(i) Establishment
of the position by the Authority.
(ii) Supervising at
least two other Rangers.
(iii) Being required
by the Authority to perform all of the duties in paragraph 5.5.4 (b) (ii) of
this subclause.
(iv) Passing the
Performance Assessment. The position must be established before application can
be made for assessment.
(v) Salary is paid
from date of appointment by the Authority.
(b) Appointment to
Ranger Grade 5 shall be subject to:
(i) Meeting all the
requirements of the position of Ranger Grade 4; and
(ii) Passing an
assessment on the following duties by a panel consisting of a nominee of the
authority (other than a Director or staff member of that authority); a nominee
of the Council; and a current Managing Ranger. At least one (1) panel member
should have sat on a previous panel.
(a) Supervise all
field staff and contractors (excluding District Veterinarian and specialist
animal health staff).
(b) Manage the
Authority’s Vertebrate Pest Control Policy and responsibilities.
(c) Develop and
manage the Authority’s land management plans, operations, reporting policies
and responsibilities as appropriate.
(d) Budgeting and
financial management of the Authority’s field operations (excluding animal
health).
(e) Co-ordination
with other Authority staff and staff of other Authority’s and Agencies.
(f) Manage the
training of field staff.
(g) Being actively
involved in the recruitment of field staff and contractors.
5.5.5 Progression to
Ranger Grade 5 Level 2 shall be subject to (ii) passing the following units of
study:
(i) Selection
Techniques
(ii) Team
Development for Supervisors (Frontline Management )
(iii) Innovation for
Supervisors
(iv) Operational
Management
(v) Customer focus
for Supervisors
(vi) Leadership for
Supervisors
(vii) OHS for
Supervisors
(viii) Restricted Area
Movement and security OR Infected Premises Operation Manager
5.5.6 Accelerated
Progression -
The Authority may grant accelerated progression from
Grades 1 and 2 to any year in Grade 2 at any time if the General Manager
certifies that the Ranger is qualified for the progression; has completed all
the required Units of study; and is performing above expectation.
Accelerated progression shall take effect from one (1)
month after the date of lodgement of a successful application for accelerated
progression.
5.5.7 Progression Dates
(i) The effective
date of progression to each Grade or year within a Grade shall be the
anniversary of the commencement date of employment.
(ii) If an employee
is granted accelerated progression the employee shall have a progression date
one year after the accelerated progression date.
(iii) If progression
date is subject to passing a course, and the course is not available at the
date of normal progression, and an application for progression has been made
one (1) month before the normal progression date, and if the course is
successfully completed, then the progression date is 1 month after a successful
written application for progression.
(iv) The effective
date of progression to Level 2 in each Grade is the date that the employee
passes all the required units of study, completed the required years of
service, is performing satisfactorily as certified and approved by the General
Manager provided that progression to Level 2 in all Grades shall not be before
1 July 2005.
Appeal
5.5.8 If a Ranger is
dissatisfied with the decision of the General Manager on the question of
progression or accelerated progression they may invoke the procedures outlined
in clause 34 Dispute Settling Procedures.
5.5.9 The Council may,
with the agreement of the Executive of the Rangers Association, substitute a
Unit of study for another Unit of study.
5.6 Field Assistants
- The salaries of Field Assistants shall be as set out in (6) of Table 1 -
Salaries, of Part B, Monetary Rates.
5.6.1
(i) First year of
service in the Authority system on a continuous basis is probationary.
(ii) Initial
appointment may be to Level 1 Field Assistant or Level 2 Field Assistant,
depending on the duties required to be performed.
Classification Structure for Appointment of Field
Assistants:
5.6.2 Level 1 Field
Assistant
Appointment to the position of Level 1 Field Assistant
depends on the following:
(i) establishment
of the position by the Authority; and
(ii) the person
being capable of and required by the Authority to perform the following duties:
(a) Carry out work
in connection with the maintenance of travelling stock routes and reserves and
stock watering places, including windmills, fencing, yard building, timber
treatment, water storage tanks, troughing and pipelines.
(b) Carry out weed
control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and spread
cochineal and cactoblastis insects.
(c) Carry out pest
insect control using chemicals, boomsprays, misters and hand sprays.
(d) Assist in any
other tasks as reasonably required by the Authority.
5.6.3 Level 2 Field
Assistant
Appointment to the position of Level 2 Field Assistant
depends on the following:
(i) establishment
of the position by the Authority; and
(ii) the person
being capable of and being required by the Authority to perform the following
duties:
(a) Assist Ranger
carrying out pest animal control programs, for example:
preparation of bait material, bait deliveries, bait
laying, area surveillance, spreading of myxomatosis and Rabbit Calicivirus
Disease, use of fumigation equipment, dogging of rabbits.
(b) Assist Ranger
carrying out pest insect control programs if applicable in employing Authority.
(c) Assist Ranger in
saleyard monitoring of stock.
(d) Assist Ranger in
lice inspections.
(e) Assist Ranger in
impounding of stock.
(f) Assist District
Veterinarian, Ranger or Footrot Advisory Officer in footrot eradication
programs.
(g) Keep a daily
diary and records on weed control, windmill repairs, water pumping repairs,
maintenance on holding yards and any other records as required by the
Authority.
(h) Assist Authority
staff at Field Days.
(i) Fixes repair
and maintenance vehicles, plant and equipment and carries out basic workshop
duties.
(j) Carry out work
in connection with the maintenance of travelling stock routes and reserves and
stock watering places, including windmills, fencing, yard building, timber
treatment, water storage tanks, troughing and pipelines.
(k) Carry out weed
control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and
spread cochineal and cactoblastis insects.
(l) Carry out pest
insect control using chemicals, boomsprays, misters and handsprays.
(m) Assist in any
other tasks as reasonably required by the Authority.
5.6.4 Senior Field
Assistant
Appointment to the position of Senior Field Assistant
depends on the following:
(i) Establishment
of the position by the Authority;
(ii) Two (2) years
service as a Field Assistant or such other experience as the General Manager
deems equivalent;
(iii) The person
being capable of and being required by the Authority to perform the following
duties:
(a) All the duties
of a Level 2 Field Assistant at a superior level as determined by the General
Manager.
(b) Ability to work
without supervision.
(c) Capable of
carrying out the OH&S policies of the Authority
6. Competency and
Training
6.1 The Authority
General Manager may direct an employee to carry out such duties as are within
the limits of the employee's skill, competence and training consistent with the
classification structure of the Livestock, Health and Pest Authorities Salaries
and Conditions Award as varied, provided that such duties are not designed to
promote de-skilling.
6.2 The General
Manager may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
6.3 Any direction
issued by a General Manager pursuant to subclauses 6.1 and 6.2 shall be
consistent with the Authority’s responsibilities to provide a safe and healthy
working environment.
7. Hours of Work
7.1 Hours of work,
exclusive of meal breaks, shall not exceed an average of 38 hours per week.
Wherever possible, regularised hours of work should be maintained and rosters
should be mutually agreed between the General Manager and the employee. A lunch break of at least 30 minutes must be
given to and taken by all employees. No
employee shall be required to work continuously for more than 5 hours without a
break.
7.2 Where an
employee, by agreement with the General Manager, works in excess of 38 hours in
any one week, the employee shall be entitled to equivalent time off at a later
time, that time to be mutually agreed between the General Manager and the
employee concerned so that, over the period of time concerned, the average
number of hours per week the employee works equals 38.
7.3 In the absence
of an agreement to the contrary, time off in lieu of excess hours shall be
acquitted within a four-week period of the excess hours being worked, so that
over the four-week cycle the employee works a total of 152 hours.
7.4 Provided that,
in the absence of an agreement to the contrary, time off in lieu of excess
hours not acquitted within a four-week period of the excess hours being worked
shall be forfeited.
7.5 Provided that an
employee and an Authority may agree to either:
(a) defer the taking
of time off in lieu to a date beyond the four-week cycle; or
(b) defer the taking
of the time off in lieu to be taken in conjunction with annual or other leave.
7.6 Provided that
all excess time shall be acquitted within one year of its being worked so that,
over the 52 weeks of any year, the average ordinary hours worked per week equal
38.
7.7 Rangers, General
Managers and District Veterinarians are on call for 24 hours each day when it
is a reasonable request.
7.8 A person leaving
the service of an Authority with leave in lieu in credit at the date of ceasing
duty is not entitled to the monetary value of the hours in credit.
7.9 The method to be
used to calculate the hourly rate shall be as follows:
Fortnightly Salary = Annual Salary divided by 26.0714
Hourly Rate = Fortnightly Salary divided by 76.0000
8. Overtime
The provisions of this clause shall take effect from
the beginning of the first pay period to commence on or after 21 March 2009.
In this clause any reference to the general manager is
taken to include a reference to the chairman of the board of the authority in
respect of the general manager.
8.1 Overtime shall
mean work done at the direction of the General Manager that is outside the
ordinary hours of work from Monday to Friday inclusive and that is in excess of
7 hours and 36 minutes (7.6 hours) per day and which, from its character or
from special circumstances, cannot be performed in accordance with arrangements
under clause 7, Hours of Work.
8.2 Subject to
subclause 8.3 of this clause an Authority may require an employee to work
reasonable overtime at overtime rates.
8.3 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.
8.4 For the purposes
of subclause 8.3 of this clause what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to
employee health and safety;
(ii) the employee's
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Authority of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other relevant
matter.
8.5 Payment for
overtime worked shall not be made under this award without:
(i) approval of the
General Manager for the overtime worked; and
(ii) approval of the
General Manager for the payment of overtime.
8.6 Approved paid
overtime shall be paid at the following rates:
(i) Time and one
half for the first 2 hours of overtime then double time thereafter for overtime
worked from Monday to Friday inclusive.
(ii) Time and one
half for the first 2 hours of overtime then double time thereafter for overtime
worked on a Saturday.
(iii) Double time
for overtime worked on a Sunday.
(iv) Double time and
one half for overtime worked on a public holiday. This clause should also be read in conjunction with clause 12.3
of this Award.
(v) Overtime rates
are not fixed for meal times.
(vi) Deleted.
(vii) An employee who
works overtime which is not continuous with ordinary working hours shall be
paid a minimum payment as for two hours work at the appropriate rate as
prescribed by this award.
8.7 After completion
of the first continuous hour, overtime shall not be paid for periods of less
than one-quarter of an hour.
8.8 The method to be
used to calculate overtime shall be as follows:
Fortnightly Salary = Annual Salary divided by 26.0714
Hourly Rate = Fortnightly Salary divided by 76.0000
which shall determine the ordinary-time (single) hourly
rate.
8.9 To determine
appropriate rates, the rate determined in subclause 8.8 of this clause shall be
multiplied by 3/2 or 2 as the case may be.
8.10 Rangers, Field
Assistants, General Managers, Office Coordinators, Customer Service Officers
and District Veterinarians accept the system of leave in lieu of overtime as
provided in this award.
9. Recreation Leave
9.1 Employees shall
be entitled to paid recreation leave at the following annual rates:
(a) 20 working days
where the employee's principal work location is in a district in the Eastern
Division.
(b) 26 working days
where the employee's principal work location is in the Central or Western
Division.
(c) Not more than 40
days recreation leave shall be allowed in any period of 12 months, except with
the approval of the General Manager.
(d) An employee who
as at 1 January 2009 was entitled to accrue recreation leave pursuant to this
clause shall continue to accrue recreation leave at the rate at which they
accrued such recreation leave as at 1 January 2009.
9.2 Recreation leave
shall not accrue for a period in excess of 50 working days except with the
approval of the General Manager and any excess will be forfeited, provided the
Authority has not prevented the employee taking their leave when due or
approval to accumulate more than the 50 working days had been granted by the
General Manager.
9.3 Recreation leave
hereunder shall be deemed to accrue from month to month and leave so accrued or
any portion thereof may be granted to any employee by the Authority at such
time as the General Manager deems convenient.
9.4 Where the
employment of an employee terminates for any reason whatsoever the employee or
their spouse, children, or other dependent relative or legal representative
shall be paid the monetary value of accrued recreation leave due, calculated at
the rate of remuneration which the employee was receiving at the date when the employee's services terminated.
It shall not be paid to another Authority.
9.5 Recreation leave
shall accrue to employees in respect of any period of absence from duty on long
service leave. However, recreation leave only accrues at 50% in respect of any
long service leave at half pay.
9.6 Rangers, Field
Assistants, General Managers, Office Coordinators, Customer Service Officers
and District Veterinarians will take a minimum of ten consecutive working days
as recreation leave during each period of one year after the first year of
service.
9.7 An employee
cannot be paid for recreation leave and also be paid a wage by the Authority
for working during that period.
10. Recreation Leave
Loading
10.1 Employees shall
be paid an annual leave loading at the rate of 17.5 per cent for a maximum of
four (4) weeks of recreation leave or part thereof.
10.2 There shall be an
annual leave loading year ending 30 November in every year.
10.3 The full
entitlement to the annual leave loading that the employee has accrued over the
previous 12 months is to be paid to the employee on 30 November in every year
(except there is no entitlement to accrual in the first year of service) up to
a maximum of four weeks. Provided the employee has taken a minimum of 10
consecutive working days as recreation leave in the previous 12 month period,
unless prevented by the Authority.
10.4 The annual leave
loading is payable on a pro-rata basis when an employee is granted recreation
leave to their credit, (or the monetary value thereof); maternity leave; on
transfer to another Authority; resignation; retirement; or termination of
employment. PROVIDED the employee has taken a minimum of 10 consecutive working
days as recreation leave in the previous 12 month period, unless prevented by
the Authority.
10.5 Broken service
during the year does not attract the annual leave loading, e.g., if an employee
resigns and is subsequently re-employed during the same year, only the service
from the date of re-employment attracts the annual leave loading, subject to
the foregoing conditions.
10.6 For the purpose
of this clause the services of an employee shall be deemed to have commenced at
the date of the person first being employed by a Pastures Protection Board,
Rural Lands Protection Board or Authority and the person's period of service
shall not be deemed to have been interrupted:
(1) by the person
ceasing to be employed by one PP Board, RLPB or Authority and immediately
thereafter, except for a period of any award leave to which the person was
entitled, commencing employment with another Board or Authority; or
(2) by the person
having served or trained in the defence of the Commonwealth.
10.7 Rate of Payment -
The annual leave loading is to be calculated on the salary as at November 30,
or the granting of recreation leave, maternity leave, resignation, retirement
or termination of employment, whichever is applicable.
10.8 On appointment to
another Authority, the annual leave loading is payable on a pro-rata basis to
that Authority and any leave taken while at the previous Authority is taken
into account at the new Authority.
11. Long Service
Leave
11.1 Long Service
Leave
(a) Every employee
who has had ten years service shall be entitled to 44 working days leave on
full pay or, with the approval of the General Manager, 88 working days on half
pay. After service in excess of ten years the employee shall be entitled to
further leave proportionate to their length of service after ten years,
calculated on the basis of 110 working days on full pay or, with the approval
of the General Manager, 220 working days on half pay for ten years served after
initial service of ten years. The approval of the General Manager shall not be
unreasonably withheld.
(b) Three months
notice shall be given by the employee to the Authority for long service leave
of 4 weeks or more, and reasonable notice shall be given for long service leave
of less than 4 weeks, unless special circumstances exist for the taking of such
leave.
(c) The Authority
shall give to the employee, and the employee shall take the leave having regard
to the needs of the Authority.
11.2 If a public
holiday falls within the period of long service leave, the period of leave is
extended by one working day in respect of that holiday.
11.3 Where service of
an employee with at least five years service and less than ten years service
terminates for any reason other than the employee's serious or wilful
misconduct, the employee shall be entitled to proportionate payment of such
leave, calculated on the basis of 44 working days leave for ten years of
service.
11.4 Where the service
of an employee with at least ten years of service terminates by reason of
resignation, retirement or dismissal for any cause, the employee shall be
entitled to leave pursuant to subclause 11.1 of this clause, if not already
taken and in addition to the amount of leave proportionate to the employee's
length of service after ten years calculated on the basis of 110 working days
on full pay after service of ten years; provided that resignation for the
purpose of immediately commencing employment
with another Authority shall not be deemed to be resignation for the
purpose of this subclause.
11.5 Where the service
of an employee with at least five years service and less than ten years service
terminates by reason of their death, their next of kin or nominated beneficiary
shall be entitled to receive the monetary value to which the employee would
have been entitled, had the person's services been terminated for any of the
reasons set out in subclause 11.4 of this clause, computed at the rate of
salary such employee received at the time of death.
11.6 When an employee
who is entitled to long service leave with pay dies before entering upon such
leave or after entering upon such leave dies before its termination, their next
of kin or nominated beneficiary shall be entitled to receive the monetary value
of the leave not taken or not completed.
11.7 When an employee
who is entitled to long service leave resigns or has retired, such employee
shall be entitled to receive forthwith the monetary value of such leave.
11.8 In case of
necessity, the General Manager may grant leave of absence without salary.
11.9 For the purpose
of this clause the services of an employee shall be deemed to have commenced at
the date of the person first being employed by a Board or Authority and the
person's period of service shall not be deemed to have been interrupted:
(a) by the person
ceasing to be employed by one Board or Authority and immediately thereafter,
except for a period of any award leave to which the person was entitled,
commencing employment with another Board or Authority; or
(b) by the person
having served or trained in the defence of the Commonwealth Employment with
another Authority.
11.10 When an employee
is immediately employed by another Authority, the former employing Authority
shall pay to the newly employing Authority a pro-rata payment of the cash
equivalent of the contingent liability based on 44 working days for 10 years
service. Example for 2.5 years service,
payment will be 11 working days pay as per Table 3, Long Service Leave Accrual.
11.11 In addition,
where the employee has had more than 10 years service, the former employing
Authority shall pay the newly employing Authority a pro-rata payment based on
110 working days per 10 years after the initial service of 10 years.
11.12 Long service
leave is calculated on the basis of a 5 day week in accordance with Table 3.
11.13 "Service"
for the purposes of this award means continuous service as defined in Section 4
clause (11) of the Long Service Leave Act 1955.
12. Public Holidays
12.1 In addition to
recreation leave provided for in clause 9, Recreation Leave, employees shall be
entitled to the following public holidays: New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day, next working day after Boxing Day and any days
appointed by the Governor by proclamation in the Gazette to be observed as a
public holiday within the town in which the Authority’s office is situated.
12.2 An Authority may
allow an employee to accrue sufficient excess hours to enable the employee to
take time off in lieu during the days between the next working day after Boxing
Day and New Year’s Day.
12.3 All time worked
on a public holiday at the direction of the Authority shall be paid for at the
rate of double time and a half. Alternatively, employees who work on a public
holiday may, by mutual agreement, perform such work at ordinary rates, provided
that leave at the rate of time and a half is added to the employee's annual
leave, or one working day and a half in lieu of such public holiday shall be
allowed to the employee within 28 days of such holiday falling due.
12.4 If an employee is
requested by the Authority to work on a Saturday or Sunday at a Field Day, the
employee is entitled to leave-in-lieu at 1.5 hours for each hour on duty.
13. Special Leave
Special leave with pay shall be granted to employees in
certain circumstances as listed below. An Authority may, from time to time,
specify other purposes for which special leave may be granted. Special leave
applies to activities which are not regarded as being on duty or covered by
other forms of leave.
13.1 Jury Service
(a) An employee is to
be granted special leave for the purpose of attending a court for jury service,
subject to the employee presenting a certificate of attendance from the
Registrar or Sheriff and paying all jury fees, other than travelling expenses,
to the Authority.
(b) Special leave is
not available if jury service falls during a period of absence on recreation
leave or long service leave, etc.
(c) When special
leave is not applied for, i.e., where a person elects to take recreation leave,
leave without pay, etc., the jury fee may be retained by the employee.
13.2 Acting as a
member of an industrial committee - An employee appointed as a member of an
industrial committee under the provisions of the Industrial Relations Act 1996
is to be granted special leave for such time as is necessary for committee
deliberations.
13.3 Travelling to
another centre for medical examination - Employees required to travel to
another centre for medical examination at the direction of the Authority are to
be granted special leave for the time they are necessarily absent from duty.
13.4 First-aid
officers attending courses to train or retrain first-aid officers - Special
leave is available for attendance at courses conducted to train or retrain
first-aid officers in order to meet Authorities needs. In such cases the cost
of the course will be met from Authority funds, provided that the person is
nominated by the Authority to attend the course.
13.5 Blood Donors -
Employees shall be granted special leave to give blood, with such leave being restricted
to the time reasonably necessary.
13.6 Defence Forces
Reserves - Special leave is available to employees who are members of the
Defence Forces Reserves for the purpose of travelling to annual camp and
attendance at medical examinations.
13.7 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 13A.2
Leave for Matters Arising From Domestic Violence have been exhausted, the
Authority shall grant up to five days per calendar year to be used for absences
from the workplace to attend to matters arising from domestic violence
situations
13A. Leave for
Matters Arising from Domestic Violence
13A.1 The definition of
domestic violence is found in clause 2.24, of clause 2 Definitions, of this
award;
13A.2 Leave entitlements
provided for in clause 15A State Personal and Carer’s Leave Case and clause 15,
Sick Leave, may be used by employees experiencing domestic violence;
13A.3 Where the leave
entitlements referred to in subclause 13A.2 are exhausted, the Authority shall
grant Special Leave as per subclause 13.7;
13A.4 The Authority will
need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer;
13A.5 Personal
information concerning domestic violence will be kept confidential by the
agency;
13A.6 The Authority
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
14. Short Leave
14.1 An employee,
other than a casual employee, shall be entitled to up to three working days
short leave without deduction of pay on each occasion of the death of a person
prescribed in subclause 14.3 below. If
such leave in any case exceeds three working days in any 12-month period, the
excess shall be deducted from any recreation leave due to the employee, or the
Authority may grant leave of absence without salary.
14.2 The employee must
notify the Authority as soon as practicable of the intention to take short
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
14.3 Short leave shall
be available to the employee in respect to the death of a person prescribed for
the purposes of Personal/Carer's Leave in 15A.1 (c) (ii), provided that for the
purpose of short leave, the employee need not have been responsible for the
care of the person concerned.
14.4 An employee shall
not be entitled to short leave under this clause during any period in respect
of which the employee has been granted other leave.
14.5 Short leave may
be taken in conjunction with other leave available under subclauses 15A2,
15A.3, 15A.4, 15A.5 and 15A.6 in clause 15A. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
14.6 An employee being
an ex-service person may be granted special leave of absence with full pay in
one or more periods up to a maximum of seven working days in any period of 12
months for the following purposes:
(a) to Attend a
Hospital Or Visit a Medical Officer for a Pension Application, Appeal Or
Review;
(b) to attend a
hospital or medical officer for periodical examination or attention;
(c) to attend a
hospital, medical practitioner, specialist, artificial limb maker, maker of
surgical appliances or factory for the supply, replacement or repair of an
artificial limb or surgical appliance.
14.7 Bereavement
entitlements for casual employees
14.7.1 Subject
to the evidentiary and notice requirements in 14.2 casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 15A.1(c)(ii) of clause 15A, State
Personal and Carer’s Leave Case - August 1996.
14.7.2 The
employer and the employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement,
the employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
14.7.3 An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage a casual employee are otherwise not affected.
15. Sick Leave
15.1 Where the
Authority is satisfied that an employee is unable to perform their duties on
account of ill health, it may grant absence on full pay for the relevant period
set out in paragraph (a) of this subclause or the period set out in paragraph
(b) of this subclause, whichever is the longer:
(a) during the first
year of service, at the rate of twelve (12) working days per year accrued
pro-rata; during the second year of service and thereafter, 20 working days in
any period of 12 months or, alternatively:
(b) by accumulating
a period calculated by allowing ten (10) working days for each completed year
of service and deducting therefrom the period of sick leave on full pay taken
by an employee during the person's period of service, provided that:
(i) leave under
this clause shall not be granted for a continuous period in excess of 120
working days;
(ii) the maximum
period of sick leave on full pay which may be granted to an employee during
their service shall not exceed 400 working days, unless specially approved by
the employing Authority.
(c) The benefits
conferred by this clause shall be deemed to accrue as from the date of the
employee being first employed by a Board or Authority and there has been no
interruption of service except for a period of any award leave to which the
person was entitled.
15.2 The employee
shall, as soon as practicable from the commencement of such absence, inform the
General Manager or the General Manager’s representative of the employee's inability
to attend for duty and the estimated duration of absence.
15.3 The General
Manager, on being satisfied that further leave in addition to that provided for
in subclause 15.1 of this clause is necessary on account of illness, may grant
such further leave on such terms as it may consider appropriate in the
circumstances of the case.
15.4 Any employee
absent on account of illness for any period exceeding three consecutive working
days shall submit to the Authority a medical certificate, and the Authority may
require provision of a medical certificate in respect of absence for a shorter
period owing to illness.
15.5 The Authority may
send a medical practitioner or may send an employee to a medical practitioner
to examine any employee who is absent from duty on account of illness and, if
the General Manager is satisfied by the report of such medical practitioner
that the illness of such employee has been caused by the person's own
misconduct, the fee of the medical practitioner and the employee's salary for
each working day of absence shall be deducted from any monies due or to become
due to the employee. Any employee aggrieved by any such deduction may appeal in
accordance with the procedures in clause 32, Dispute Settling Procedures.
15.6
(a) If the General
Manager has reason to believe an employee is in such a state of health as to
render them a danger to their fellow officers or to the public, it may require
the employee to obtain and furnish a report of the person's condition from a
duly qualified medical practitioner for examination either by a Government
medical officer or by a medical practitioner named by the Authority. The required report is to be provided at the
Authority’s expense.
(b) Upon receipt of
the medical report the General Manager may direct the employee to absent
themself from their duties for a specified period and the employee's absence
shall be regarded as absence on leave owing to illness and such leave shall be
granted on terms and conditions set out in this clause.
15.7 If the absence
from duty of an employee arises from circumstances which may give rise to a
claim for payment under the Workers' Compensation Act 1988, the employee
concerned may be paid salary to the extent of the sick leave for which the
person is eligible in accordance with this clause and such payment shall be
regarded as being made pending determination of the conditions on which leave
shall be granted and shall be adjusted when such determination has been made.
15.8 Payments made in
accordance with subclause 15.7 of this clause shall be regarded as inclusive of
compensation (other than medical
expenses) to which the employee may be entitled under the said Act.
15.9 Where the
employee is injured or becomes ill under circumstances which may render the
person eligible to claim compensation under the said Act and such employee
states that they do not intend to claim workers compensation, leave with pay
shall not be granted to such employee.
15.10 Where the
circumstances of any injury to or illness of an employee may give rise to a
claim for damages or compensation otherwise than under the said Act, sick leave
may be granted by the Authority in accordance with this clause, upon completion
by the employee of an undertaking in a form approved by the General Manager
that, in the event of the person's recovering damages or compensation in
respect to the injury or illness, the person shall repay to the Authority the
monetary value of any sick leave granted in respect of such injury or illness.
15.11 All accumulated
sick leave is to be transferred to another Authority where the employee is
appointed from one Authority to another Authority without a break in service,
except for accumulated leave under this award.
15A. State Personal
and Carer's Leave Case
15A.1 Use of Sick Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 15A.1(c)(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 15, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(i) 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, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or the spouse or de facto
spouse of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by telephone
of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 34, Dispute Settling Procedures, should be
followed.
15A.2 Unpaid Leave for
Family Purpose:
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 15A.1(c)(ii) above who is ill or who requires care
due to an unexpected emergency.
15A.3 Annual Leave:
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(d) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single-day absences until at least five consecutive annual leave days are
taken.
15A.4 Time Off in Lieu
of Payment for 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 paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
15A.5 Make-up Time:
(a) 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.
(b) An employee on
shift work 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), at the shift work rate which would have been
applicable to the hours taken off.
15A.6 Rostered Days Off:
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part- day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise, of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15A.7 Personal Carers
Entitlement for casual employees -
(a) Subject to the
evidentiary and notice requirements in 15A.1(b) and 15A.1(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 15A.1(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
16. Parental Leave
16.1 Subject to the
terms of this clause, employees are entitled to maternity, paternity and
adoption leave and to work part-time in connection with the birth or adoption
of a child.
16.2 Definitions - For
the purpose of this clause:
(a) "Employee"
includes a part-time employee but does not include an employee engaged upon
casual or seasonal work.
(b) "Paternity
Leave" means leave of the type provided for in subclause 16.4.
(c) "Maternity
Leave" means leave of the type provided for in subclause 16.3 (and
includes special maternity leave).
(d) "Child"
means a child of the employee under the age of one year.
(e) "Spouse"
includes a de facto spouse.
(f) "Primary
Care Giver" means a person who assumes the principal role of providing
care and attention for a child.
(g) "Continuous
service" means service under an unbroken contract of employment with a
Board, Boards, Authority or Authorities and includes:
(i) any period of
leave taken in accordance with this subclause;
(ii) any period of
leave or absence authorised by the Board or Authority or by the award.
16.3 Maternity Leave:
16.3.1 An
employee who is entitled to take maternity leave shall be entitled to payment
at the ordinary rate of pay for a period of 14 weeks in accordance with clause
16.3.1(a) of this award. The provisions
of this clause with respect to paid maternity leave commence on and from 1
January 2009.
16.3.1(a) the
ordinary rate of pay shall be determined based on the average of ordinary
weekly hours worked by the employee during the 40 week period immediately prior
to commencing such paid maternity leave, provided that the average of such
ordinary weekly hours cannot exceed 38 hours per week.
16.3.1(b) Payment
for the maternity leave may be made as follows:
(i) at the ordinary
rate of pay as determined pursuant to clause 16.3.1(a)
(ii) at half the
ordinary rate of pay for a period of 28 weeks as determined pursuant to clause
16.3.1(a). Any leave accrued pursuant to clause 16.3.1(b)(ii) shall accrue on a
pro rata basis.
16.3.2 Eligibility
for Maternity Leave - An employee who becomes pregnant, upon production to her
employer of the certificate required by paragraph 16.3.3 hereof, shall be
entitled to a period of up to 52 weeks maternity leave, provided that such
leave shall not extend beyond the child's first birthday. This entitlement
shall be reduced by any period of paternity leave taken by the employee's
spouse and, apart from paternity leave of up to one week at the time of
confinement, shall not be taken concurrently with paternity leave.
Subject to paragraphs 16.3.5 and 16.3.8 of this
subclause, the period of maternity leave shall be unbroken and shall,
immediately following confinement, include a period of six weeks compulsory
leave.
The employee must have had at least 12 months'
continuous service with an Authority immediately preceding the date upon which
she proceeds upon such leave.
16.3.3 Certification
- When applying for maternity leave the employee must produce to her employer a
certificate from a registered medical practitioner stating that she is pregnant
and the expected date of confinement.
The employee must also produce to her employer a
statutory declaration stating particulars of any period of paternity leave
sought or taken by her spouse and that for the period of maternity leave she
will not engage in any conduct inconsistent with her contract of employment.
16.3.4 Notice
Requirements
(a) An employee
shall, not less than ten weeks prior to the presumed date of confinement, give
notice in writing to her employer stating the presumed date of confinement.
(b) An employee
shall give not less than four weeks’ notice in writing to her employer of the
date upon which she proposes to commence maternity leave stating the period of
leave to be taken.
(c) An employer by
not less than 14 days' notice in writing to the employee may require her to
commence maternity leave at any time within the six weeks immediately prior to
her presumed date of confinement.
(d) An employee
shall not be in breach of this clause as a consequence of failure to give the
stipulated period of notice in accordance with subparagraph (b) of this
paragraph if such failure is occasioned by the confinement occurring earlier
than the presumed date.
16.3.5 Transfer
to a safe job - Where, in the opinion of a registered medical practitioner,
illness or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to continue
at her present work, the employee shall, if the employer deems it practicable,
be transferred to a safe job at the rate and on the conditions attaching to
that job until the commencement of maternity leave.
If the transfer to a safe job is not practicable, the
employee may, or the employer may require the employee to, take leave for such
period as is certified necessary by a registered medical practitioner. Such
leave shall be treated as maternity leave for the purposes of paragraphs
16.3.9, 16.3.10, 16.3.11 and 16.3.12 of this subclause.
16.3.6 Variation
of period of maternity leave
(a) Provided the
maximum period of maternity leave does not exceed the period to which the
employee is entitled under paragraph 16.3.2 of this subclause:
(i) the period of
maternity leave may be lengthened once only by the employee giving not less
than 14 days' notice in writing stating the period by which the leave is to be
lengthened;
(ii) the period may
be further lengthened by agreement between the employer and the employee.
(b) The period of
maternity leave may, with the consent of the employer, be shortened by the
employee giving not less than 14 days' notice in writing stating the period by
which the leave is to be shortened.
16.3.7 Cancellation
of maternity leave
(a) Maternity leave,
applied for but not commenced, shall be cancelled when the pregnancy of an
employee terminates other than by the birth of a living child.
(b) Where the
pregnancy of an employee then on maternity leave terminates other than by the
birth of a living child, it shall be the right of the employee to resume work
at a time nominated by the employer which shall not exceed four weeks from the
date of notice in writing by the employee to the employer that she desires to
resume work.
16.3.8 Special
maternity leave and sick leave
(a) Where the
pregnancy of an employee not then on maternity leave terminates after 28 weeks
other than by the birth of a living child, then:
(i) she shall be
entitled to such period of unpaid leave (to be known as special maternity
leave) as a registered medical practitioner certifies as necessary before her
return to work; or
(ii) for illness
other than the normal consequences of confinement she shall be entitled, either
in lieu of or in addition to special maternity leave, to such paid sick leave
as to which she is then entitled and which a registered medical practitioner
certifies as necessary before her return to work.
(b) Where an
employee not then on maternity leave suffers illness related to her pregnancy,
she may take such paid sick leave as to which she is entitled and such further
unpaid leave (to be known as special maternity leave) as a registered medical
practitioner certifies as necessary before her return to work, provided that
the aggregate of paid sick leave, special maternity leave and maternity leave
shall not exceed the period to which the employee is entitled under paragraph
16.3.2 of this subclause.
(c) For the purposes
of paragraphs 16.3.9, 16.3.10 and 16.3.11 of this subclause, maternity leave
shall include special maternity leave.
(d) An employee
returning to work after the completion of a period of leave taken pursuant to
this paragraph shall be entitled to the position which she held immediately
before proceeding on such leave or, in the case of an employee who was
transferred to a safe job pursuant to paragraph 16.3.5 of this clause, to the
position she held immediately before such transfer.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, she shall be entitled to a position as nearly comparable in status
and pay to that of her former position.
16.3.9 Maternity
leave and other leave entitlements
(a) Provided the
aggregate of any leave, including leave taken under this subclause, does not
exceed the period to which the employee is entitled under paragraph 16.3.2 of
this subclause, an employee may, in lieu of or in conjunction with maternity
leave, take any annual leave or long service leave or any part thereof to which
she is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during her absence on maternity leave.
16.3.10 Effects
of maternity leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on maternity leave shall not be taken
into account in calculating the period of service for any purpose of any
relevant award or agreement.
16.3.11 Termination
of employment
(a) An employee on
maternity leave may terminate her employment at any time during the period of
leave by notice given in accordance with this award.
(b) An employer
shall not terminate the employment of an employee on the ground of her
pregnancy or of her absence on maternity leave, but otherwise the rights of an
employer in relation to termination of employment are not hereby affected.
16.3.12 Return
to work after maternity leave
(a) An employee
shall confirm her intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of her period
of maternity leave.
(b) An employee,
upon returning to work after maternity leave or the expiration of the notice
required by subparagraph (a) of this paragraph, shall be entitled to the
position which she held immediately before proceeding on maternity leave or, in
the case of an employee who was transferred to a safe job pursuant to paragraph
16.3.5 of this subclause, to the position which she held immediately before
such transfer or, in relation to an employee who has worked part-time during
the pregnancy, the position she held immediately before commencing such part -
time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, she shall be entitled to a position as nearly comparable in status
and pay to that of her former position.
16.3.13 Replacement
employees
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on maternity leave.
(b) Before an
employer engages a replacement employee the employer shall inform that person
of the temporary nature of the employment and of the rights of the employee who
is being replaced.
(c) Before an
employer engages a person to replace an employee temporarily promoted or
transferred in order to replace an employee exercising her rights under this
subclause, the employer shall inform that person of the temporary nature of the
promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.4 Paternity Leave:
16.4.1 Nature
of Leave - Paternity leave is unpaid leave.
16.4.2 Eligibility
for paternity leave - A male employee, upon production to his General Manager
of the certificate required by paragraph 16.4.3 shall be entitled to one or two
periods of paternity leave, the total of which shall not exceed 52 weeks, in
the following circumstances:
(a) an unbroken
period of up to one week at the time of confinement of his spouse;
(b) a further
unbroken period of up to 51 weeks in order to be the primary care-giver of a
child, provided that such leave shall not extend beyond the child's first
birthday. This entitlement shall be reduced by any period of maternity leave
taken by the employee's spouse and shall not be taken concurrently with that
maternity leave.
The employee must have had at least 12 months'
continuous service with the Authority immediately preceding the date upon which
he proceeds upon either period of leave.
16.4.3 Certification
(a) When applying
for paternity leave the employee must produce to his employer a certificate
from a registered medical practitioner which names his spouse, states that she
is pregnant and the expected date of confinement or states the date on which
the birth took place.
(b) In relation to
any period to be taken under subparagraph (b) of this paragraph, the employee
must also produce a statutory declaration stating:
(i) he is seeking
that period of paternity leave to become the primary care-giver of a child:
(ii) particulars of
any period of maternity leave sought or taken by his spouse; and
(iii) for the period
of paternity leave he will not engage in any conduct inconsistent with his
contract of employment.
16.4.4 Notice
Requirements
(a) The employee
shall, not less than ten weeks prior to each proposed period of leave, give the
employer notice in writing stating the dates on which he proposes to start and
finish the period or periods of leave and produce the certification required in
paragraph 16.4.3 of this subclause.
(b) The employee
shall not be in breach of this paragraph as a consequence of failure to give
the notice required in subparagraph (a) of this paragraph, if such failure is
due to:
(i) the birth
occurring earlier than the expected date; or
(ii) the death of
the mother of the child; or
(iii) other
compelling circumstances.
(c) The employee
shall immediately notify his employer of any change in the information provided
pursuant to paragraph 16.4.3 of this subclause.
16.4.5 Variation
of period of paternity leave
(a) Provided the
maximum period of paternity leave does not exceed the period to which the
employee is entitled under paragraph 16.4.2 of this subclause:
(i) the period of
paternity leave provided by subparagraph (b) of paragraph 16.4.2 may be
lengthened once only by the employee giving not less than 14 days' notice in
writing stating the period by which the leave is to be lengthened;
(ii) the period may
be further lengthened by agreement between the employer and the employee.
(b) The period of
paternity leave taken under subparagraph (b) of paragraph 16.4.2 of this
subclause may, with the consent of the employer, be shortened by the employee
giving not less than 14 days' notice in writing stating the period by which the
leave is to be shortened.
16.4.6 Cancellation
of paternity leave
Paternity leave, applied for under subparagraph (b) of
paragraph 16.4.2 of this subclause but not commenced, shall be cancelled when
the pregnancy of the employee's spouse terminates other than by the birth of a
living child.
16.4.7 Paternity
leave and other leave entitlements
(a) Provided the
aggregate of any leave, including leave taken under this subclause, does not
exceed the period to which the employee is entitled under paragraph 16.4.2 of
this subclause, an employee may, in lieu of or in conjunction with paternity
leave, take any annual leave or long service leave or any part thereof to which
he is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during his absence on paternity
leave.
16.4.8 Effect
of paternity leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on paternity leave shall not break the
continuity of service of an employee but shall not be taken into account in
calculating the period of service for any purpose of any relevant award or
agreement.
16.4.9 Termination
of employment -
(a) An employee on
paternity leave may terminate his employment at any time during the period of
leave by notice given in accordance with this award.
(b) An employer
shall not terminate the employment of an employee on the ground of his absence
on paternity leave, but otherwise the rights of an employer in relation to termination
of employment are not hereby affected.
16.4.10 Return
to work after paternity leave
(a) An employee
shall confirm his intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of the period
of paternity leave provided by subparagraph (b) of paragraph 16.4.2.
(b) An employee,
upon returning to work after paternity leave or the expiration of the notice
required by subparagraph (a) of this paragraph, shall be entitled to the
position which he held immediately before proceeding on paternity leave or, in
relation to an employee who has worked part-time under this clause, to the
position he held immediately before commencing such part-time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, he shall be entitled to a position as nearly comparable in status
and pay to that of his former position.
16.4.11 Replacement
employees -
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on paternity leave.
(b) Before an
Authority engages a replacement employee the employer shall inform that person
of the temporary nature of the employment and of the rights of the employee who
is being replaced.
(c) Before a
Authority engages a person to replace an employee temporarily promoted or
transferred in order to replace an employee exercising his rights under this
subclause, the employer shall inform that person of the temporary nature of the
promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.5 Adoption Leave:
16.5.1 Nature
of Leave - Adoption leave is unpaid leave.
16.5.2 Definitions
- For the purposes of this subclause:
(a) "Child"
means a person under the age of five years who has not previously lived
continuously with the employee concerned for a period of six months, or who is
not a child or stepchild of the employee or of the spouse of the employee and
is placed with the employee for the purpose of adoption.
(b) "Relative
adoption" occurs where a child, as defined, is adopted by a parent, spouse
of a parent or other relative being a grandparent, brother, sister, aunt or
uncle (whether of the whole blood or half blood or by marriage).
16.5.3 Eligibility
An employee, upon production to the employer of the
documentation required by paragraph 16.5.4 of this subclause shall be entitled
to one or two periods of adoption leave, the total of which shall not exceed 52
weeks, in the following circumstances:
(a) an unbroken
period of up to three weeks at the time of the placement of the child;
(b) an unbroken
period of up to 52 weeks from the time of its placement in order to be the
primary care giver of the child. This entitlement shall be reduced by:
(i) any period of
leave taken pursuant to subparagraph (a) of this paragraph; and
(ii) the aggregate
of any periods of adoption leave taken or to be taken by the employee's spouse.
Such leave shall not extend beyond one year after the
placement of the child and shall not be taken concurrently with adoption leave
taken by the employee's spouse.
The employee must have had at least 12 months'
continuous service with that employer immediately preceding the date upon which
he or she proceeds upon such leave in either case.
16.5.4 Certification
- Before taking adoption leave the employee must produce to the Authority:
(a)
(i) a statement
from an adoption agency or other appropriate body of the presumed date of
placement of the child with the employee for adoption purposes; or
(ii) a statement
from the appropriate government authority confirming that the employee is to
have custody of the child pending application for an adoption order.
(b) In relation to
any period of leave to be taken under subparagraph (b) of paragraph 16.5.3, a
statutory declaration stating:
(i) the employee is
seeking adoption leave to become the primary care giver of the child;
(ii) particulars of
any period of adoption leave sought or taken by the employee's spouse; and
(iii) for the period
of adoption leave the employee will not engage in any conduct inconsistent with
his or her contract of employment.
16.5.5 Notice
requirements
(a) Upon receiving
notice of approval for adoption purposes, an employee shall notify the employer
of such approval and within two months of such approval shall further notify
the employer of the period or periods of adoption leave the employee proposes
to take. In the case of a relative adoption the employee shall notify as
aforesaid upon deciding to take a child into custody pending an application for
an adoption order.
(b) An employee who
commences employment with an employer after the date of approval for adoption
purposes shall notify the employer thereof upon commencing employment and of
the period or periods of adoption leave which the employee proposes to take.
Provided that such employee shall not be entitled to adoption leave unless the
employee has not less than 12 months' continuous service with that employer
immediately preceding the date upon which he or she proceeds upon such leave.
(c) An employee
shall, as soon as the employee is aware of the presumed date of placement of a
child for adoption purposes but not later than 14 days before such placement,
give notice in writing to the employer of such date and of the date of the
commencement of any period of leave to be taken under subparagraph (b) of
paragraph 16.5.3.
(d) An employee
shall, ten weeks before the proposed date of commencing any leave to be taken
under subparagraph (b) of paragraph 16.5.3, give notice in writing to the
employer of the date of commencing leave and the period of leave to be taken.
(e) An employee
shall not be in breach of this subclause as a consequence of failure to give
the stipulated period of notice in accordance with subparagraphs (c) and (d) of
this paragraph if such failure is occasioned by the requirement of an adoption
agency to accept earlier or later placement of a child, the death of the spouse
or other compelling circumstances.
16.5.6 Variation
of period of adoption leave
(a) Provided the
maximum period of adoption leave does not exceed the period to which the
employee is entitled under paragraph 16.5.3:
(i) the period of
leave taken under subparagraph (b) of paragraph 16.5.3 may be lengthened once
only by the employee giving not less than 14 days' notice in writing stating
the period by which the leave is to be lengthened;
(ii) the period may
be further lengthened by agreement between the employer and employee.
(b) The period of
adoption leave taken under subparagraph (b) of paragraph 16.5.3 hereof may,
with the consent of the employer, be shortened by the employee giving not less
than 14 days' notice in writing stating the period by which the leave is to be
shortened.
16.5.7 Cancellation
of adoption leave
(a) Adoption leave,
applied for but not commenced, shall be cancelled should the placement of the
child not proceed.
(b) Where the
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue, the employee shall notify the employer
forthwith and the employer shall nominate a time not exceeding four weeks from
receipt of notification for the employee's resumption of work.
16.5.8 Special
leave
The Authority shall grant to any employee who is
seeking to adopt a child, such unpaid leave not exceeding two days as is
required by the employee to attend any compulsory interviews or examinations as
are necessary as part of the adoption procedure. Where paid leave is available
to the employee the Authority may require the employee to take such leave in
lieu of special leave.
16.5.9 Adoption
leave and other entitlements
(a) Provided the
aggregate of any leave, including adoption leave taken under this subclause,
does not exceed the period to which the employee is entitled under paragraph
16.5.3 of this subclause, an employee may, in lieu of or in conjunction with
adoption leave, take any annual leave or long service leave or any part thereof
to which he or she is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during the employee's absence on
adoption leave.
16.5.10 Effect
of adoption leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on adoption leave shall not break the
continuity of service of an employee but shall not be taken into account in
calculating the period of service for any purpose of any relevant award or
agreement.
16.5.11 Termination
of employment
(a) An employee on
adoption leave may terminate the employment at any time during the period of
leave by notice given in accordance with this award.
(b) An Authority
shall not terminate the employment of an employee on the ground of the
employee's application to adopt a child or absence on adoption leave, but
otherwise the rights of an employer in relation to termination of employment
are not hereby affected.
16.5.12 Return
to work after adoption leave
(a) An employee
shall confirm the intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of the period
of adoption leave provided by subparagraph 16.5.3 of this clause.
(b) An employee,
upon returning to work after adoption leave shall be entitled to the position
held immediately before proceeding on such leave or, in relation to an employee
who has worked part-time under this clause, the position held immediately
before commencing such part-time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, the employee shall be entitled to a position as nearly comparable
in status and pay to that of the employee's former position.
16.5.13 Replacement
employees
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on adoption leave.
(b) Before an
employer engages a replacement employee the employer shall inform that person
of the temporary nature of the employment and of the rights of the employee who
is being replaced.
(c) Before an
Authority engages a person to replace an employee temporarily promoted or
transferred in order to replace an employee exercising rights under this
subclause, the employer shall inform that person of the temporary nature of the
promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.6 Part-time work:
16.6.1 Definitions
- For the purposes of this subclause:
(a) "Male
employee" means an employed male who is caring for a child born of his
spouse or a child placed with the employee for adoption purposes.
(b) "Female
employee" means an employed female who is pregnant or is caring for a
child she has borne or a child who has been placed with her for adoption
purposes.
(c) "Former
position" means the position held by a female or male employee immediately
before proceeding on leave or part-time employment under this subclause,
whichever first occurs or, if such position no longer exists but there are
other positions available for which the employee is qualified and the duties of
which he or she is capable of performing, a position as nearly comparable in
status and pay to that of the position first mentioned in this definition.
16.6.2 Entitlement
- With the agreement of the employer
(a) A male employee
may work part-time in one or more periods at any time from the date of birth of
the child until its second birthday or, in relation to adoption, from the date
of placement of the child until the second anniversary of the placement.
(b) A female
employee may work part-time in one or more periods while she is pregnant where
part-time employment is, because of the pregnancy, necessary or desirable.
(c) A female
employee may work part-time in one or more periods at any time from the seventh
week after the date of birth of the child until its second birthday.
(d) A female
employee may work part-time in one or more periods at any time from the date of
the placement of the child until the second anniversary of that date.
16.6.3 Return
to former position
(a) An employee who
has had at least 12 months' continuous service with an employer immediately
before commencing part-time employment after the birth or placement of a child
has, at the expiration of the period of such part-time employment or the first
period, if there is more than one, the right to return to his or her former
position.
(b) Nothing in
subparagraph (a) of this paragraph shall prevent the employer from permitting
the employee to return to his or her former position after a second or
subsequent period of part-time employment.
16.6.4 Subject
to the provisions of this subclause and the matters agreed to in accordance
with paragraph 16.6.5 of this subclause, part-time employment shall be in
accordance with the provisions of this award which shall apply pro rata.
16.6.5 Part-time
work agreement -
(a) Before
commencing a period of part-time employment under this subclause the employee
and the employer shall agree:
(i) that the
employee may work part-time;
(ii) upon the hours
to be worked by the employee, the days upon which they will be worked and
commencing times for the work;
(iii) upon the
classification applying to the work to be performed; and
(iv) upon the period
of part-time employment.
(b) The terms of
this agreement may be varied by consent.
(c) The terms of
this agreement or any variation to it shall be produced in writing and retained
by the employer. A copy of the agreement and any variation to it shall be
provided to the employee by the employer.
(d) The terms of
this agreement shall apply to part-time employment.
16.6.6 Termination
of employment - The employment of a part-time employee under this clause may be
terminated in accordance with the provisions of this award but may not be
terminated by the employer because the employee has exercised or proposed to
exercise any rights arising under this clause or has enjoyed or proposes to
enjoy any benefits arising under this clause.
16.6.7 Overtime
- An employer may request, but not require, an employee working part-time under
this clause to work overtime.
16.6.8 Nature
of part-time work - The work to be performed part- time need not be the work
performed by the employee in his or her former position but shall be work
otherwise performed under this award.
16.6.9 Inconsistent
award provisions - An employee may work part- time under this clause
notwithstanding any other provision of this award which limits or restricts the
circumstances in which part-time employment may be worked or the terms upon
which it may be worked including provisions:
(a) limiting the
number of employees who may work part-time;
(b) establishing
quotas as to the ratio of part-time to full-time employees;
(c) prescribing a
minimum or maximum number of hours a part-time employee may work; or
(d) requiring
consultation with, consent of or monitoring by a union; and such provisions do
not apply to part-time work under this clause.
16.6.10 Replacement
employees -
(a) A replacement
employee is an employee specifically engaged as a result of an employee working
part-time under this subclause.
(b) A replacement
employee may be employed part-time. Subject to this paragraph, paragraphs
16.6.4, 16.6.5, 16.6.6 and 16.6.9 of this subclause apply to the part-time employment
of a replacement employee.
(c) Before an
employer engages a replacement employee under this paragraph, the employer
shall inform the person of the temporary nature of the employment and of the
rights of the employee who is being replaced.
(d) Unbroken service
as a replacement employee shall be treated as continuous service for the
purposes of subparagraph (g) of subclause 16.2 of this clause.
16.7 Family Provisions
Case - Parental Leave
16.7.1 Refer
to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set
out in the Industrial Relations Act 1996 (NSW).
16.7.2 An
employer must not fail to re-engage a regular casual employee (see section
53(2) of the Industrial Relations Act 1996) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
16.7.3 Right
to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) The employee's
request and the employer's decision made under 16.7.3(a)(ii) and 16.7.3(a)(iii)
must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
16.7.3(a)(iii), such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
16.7.4 Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with subparagraph (a) of
this paragraph.
16A. Lactation Breaks
16A.1 This clause
applies to employees who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk
or other activity necessary to the act of breastfeeding or expressing milk and
is in addition to any other rest period and meal break as provided for in this
award.
16A.2 A full time
employee or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
16A.3 A part time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
16A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
16A.5 The Authority
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
16A.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
16A.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
16A.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 15, Sick Leave of this award,
or access to time off in lieu as provided for in clause 7, Hours of Work of
this award, where applicable.
17. Dissolution of an
Authority
Where an Authority is dissolved, by reason of its
amalgamation with another Authority, or otherwise, the following provisions
shall apply with respect to the employees of the dissolved Authority, provided
that they have been employed by the dissolved Authority for a continuous period
of at least 12 months immediately prior to the dissolution of the dissolved
Authority:
(a) If after the
dissolution they are employed by the Authority which assumes all or part of the
functions of the dissolved Authority (hereinafter called the new Authority),
the employee during the first two years of their employment by the new
Authority or until their employment is terminated, whichever is the shorter
period, shall be paid a salary at a rate which, except for basic wage
variations, will not be less than the rate which they were being paid
immediately before the date of dissolution of the dissolved Authority.
(b) If after the
dissolution the employee is not employed by the new Authority or if their
employment is terminated by the new Authority, other than for misconduct,
within two years of the date of dissolution of the dissolved Authority the
employee shall, on the termination of their employment, be paid by the
dissolved Authority, if not employed by the new Authority or by the new
Authority if they are so employed, a sum equal to five weeks salary for each
year of continuous service as an employee of Rural Lands Protection Boards or
Authorities, at a rate equal to the average weekly amount of their salary
during the fifty-two weeks immediately preceding the date of dissolution of the
dissolved Authority; provided that in no circumstances shall the total amount
payable under this clause exceed a sum equal to 104 weeks salary at such rate.
18. Change,
Redundancy and Termination,
18.1 Change -
Authority’s Duty to Notify Change:
(a) Where an
Authority has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the General Manager shall notify the
employees who may be affected by the proposed changes; the Council; and the
Association and/ or Union as appropriate.
(b) "Significant
Effects" include termination of employment, major changes in the
composition, operation or size of the Authority’s workforce or in the skills
required; the elimination of or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where the award makes provisions for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
18.2 Authority’s Duty
to Discuss Change:
(a) The Authority
shall discuss with the employees affected and the Association and/or Union, the
introduction of the changes referred to in subclause 18.1 of this clause, the
effects the changes are likely to have on employees, measures to avert or
mitigate the adverse effects of such changes on employees and shall give prompt
consideration to matters raised by the employees and/or the Association and/or
Union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the Authority to make the changes referred to in subclause 18.1 of this
clause.
(c) For the purposes
of such discussion, the Authority shall provide in writing to the employee
concerned and the Association and/or Union, all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any Authority shall not be required to disclose confidential
information, the disclosure of which would be inimical to the Authority’s
interest.
18.3 Redundancy:
(a) Discussions
before Terminations
(i) If an Authority
has made a definite decision that it wishes to delete an occupied position and
if such a decision may lead to termination of employment, the employer shall
hold discussions with any affected employees and with the Association and/or
Union and with the Council.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph (i)
of this paragraph and shall cover any reasons for the proposed terminations,
measures to avoid or minimise terminations and measures to mitigate any adverse
effects of any terminations on the employees concerned.
(iii) For the
purposes of the discussions the employer shall, as soon as practicable, provide
in writing to the employees concerned and to the Council and Association and/or
Union, all relevant information about the proposed terminations, including the
reasons for the proposed terminations, the number and categories of employees
likely to be affected, the number of workers normally employed and the period
over which the terminations are likely to be carried out.
(b) Transfer to
Lower-paid Duties
Where an employee is transferred to lower-paid duties
for reasons set out in subparagraph (i) of paragraph (a) of this subclause, the
employee shall be entitled to the same period of notice of transfer to which
they would have been entitled if their employment had been terminated and the
Authority may, at the Authority’s option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new lower ordinary-time rate for the number of weeks of notice still owing.
(c) Severance Pay -
In addition to the period of notice prescribed for ordinary termination in this
award and subject to further order of the Industrial Relations Commission of
New South Wales, an employee whose employment is terminated for reasons set out
in subparagraph (i) of paragraph (a) hereof shall be entitled to two weeks' pay
for every year of service, to a maximum of 26 weeks pay.
"Weeks pay" means the ordinary-time rate of
pay for the employee concerned.
(d) Employee Leaving
During Notice Period - An employee whose employment is terminated for reasons
set out in subparagraph (i) of paragraph (a) hereof may terminate their
employment during the period of notice and, if so, shall be entitled to the
same benefits under this clause had they remained with the Authority until the
expiry of such notice. Provided that in such circumstances the employee shall
not be entitled to payment in lieu of notice.
(e) Alternative
Employment - An Authority in a particular redundancy case may make application
to the Commission to have the general severance pay prescription varied if the
Authority obtains acceptable alternative employment for an employee.
(f) Time Off During
Notice Period
(i) During the
period of notice of termination given by the Authority, an employee shall be
allowed up to one working day's time off without loss of pay during each week
of notice for the purpose of seeking other employment.
(ii) If the
employee has been allowed paid leave for more than one working day during the
notice period for the purpose of seeking other employment the employee shall,
at the request of the General Manager, be required to produce proof of
attendance at an interview or they shall not receive payment for the time
absent. For this purpose a statutory declaration will be sufficient.
(g) Employees With
Less Than One Year's Service - This clause shall not apply to employees with
less than one year's continuous service and the general obligation on
Authority’s should be no more than to give relevant employees an indication of
the impending redundancy at the first reasonable opportunity and to take such
steps as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
(h) Employees
Exempted - This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, including malingering,
inefficiency or neglect of duty, or in the case of casual employees,
apprentices or employees engaged for a specific period of time or for a
specific task or tasks.
18.4 Termination:
(a) Nothing in this
award shall affect the right of the Authority to dismiss an employee without
notice for neglect of duty or misconduct or inefficiency or incompetence, in
which case wages shall be paid to the time of dismissal, provided that no
employee shall be dismissed without notice for:
(i) sickness,
accident or injury if he or she informs the General Manager or the General
Manager’s representative within a reasonable time prior to or after the
commencing time on any day of his or her inability to commence duty on that
day;
(ii) any other reasonable
cause if he or she informs the General Manager or the General Manager’s
representative within a reasonable time prior to or after the commencing time
on any day of his or her inability to commence duty on that day.
(b) Notwithstanding
anything hereinbefore contained, an employee shall not be given notice or
dismissed, except for misconduct, while legitimately absent from duty on
accrued sick leave or annual leave.
(c) An employee not
attending for duty shall lose pay for the time of non-attendance unless payment
for such non-attendance is permitted under the provisions of this award and the
non-attendance was accordingly authorised.
(i) Notice of
termination by an Authority:
(1) In order to
terminate the employment of an employee the Authority shall give to the
employee the following written notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than one year
|
1 week
|
|
1 year and up to the completion of 3 years
|
2 weeks
|
|
3 years and up to the completion of 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice in section (1) hereof, employees over 45 years of age at the time of
the giving of the notice, with not less than 2 years' continuous service, shall
be entitled to an additional week's notice.
(3) Payment in lieu
of the prescribed notice in section (1) hereof shall be made if the appropriate
notice period is not given. Provided that employment may be terminated by part
of the period of notice specified and part payment in lieu thereof.
(4) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice had his or her employment not been terminated shall be used.
(5) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal such as malingering, misconduct, incompetence,
inefficiency or neglect of duty or in the case of casual employees or employees
engaged for a specific period of time or for a specific task or tasks.
(ii) Where an
Authority has given notice of termination to an employee, an employee shall be
allowed up to one working day's time off without loss of pay for the purpose of
seeking other employment. The time off shall be taken at times that are
convenient to the employee after consultation with the General Manager or the
General Manager’s representative.
(iii) The General
Manager shall, upon receipt of a request from an employee whose employment has
been terminated, provide to the employee a written statement specifying the
period of his or her employment and the classification of or type of work
performed by the employee.
(iv) Termination of
employment by an Authority shall not be harsh, unjust or unreasonable. For the
purposes of this clause, termination of employment shall include terminations
with or without notice. Without limiting the above, except where a distinction,
exclusion or preference is based on the inherent requirements of a particular
position, termination on the grounds of race, colour, sex, sexual preference,
marital status, family responsibilities, pregnancy, religion, political
opinion, union membership or activity, non-union membership or activity,
national extraction and social origin shall constitute a harsh, unjust or
unreasonable termination of employment.
(d) Notice of
Termination by Employee
The notice of termination required to be given by an
employee shall be the same as that required of an Authority save and except
that there shall be no additional notice based on the age of the employee
concerned. If an employee fails to give the required notice, the Authority
shall have the right to withhold moneys due to the employee of an amount equal
to the period of notice not given.
19. Removal Expenses
19.1 With the prior
approval of the employing Authority, where a current employee of an Authority
is required to change domicile in order to take up a position of Customer
Service Officer, Office Coordinator or Ranger, such an employee is entitled to
reimbursement of up to $1,500 for actual reasonable removal expenses on the
production of receipts.
19.2 Where a General
Manager or District Veterinarian applies for a position in another district in
answer to an advertisement and is appointed, the General Manager or District
Veterinarian shall be eligible for the removal expenses as detailed in
subclause 19.3.
19.3
(a) The actual cost
of conveyance of the General Manager or District Veterinarian and their family
transferring from one district to another, together with reasonable expenses of
removal of furniture and effects, shall be allowed.
(b) Application for
expenses in respect of removal of furniture and effects shall be presented to
the Authority and shall be accompanied by:
(i) an inventory of
the furniture and effects including the appropriate gross weight; and
(ii) quotations
from carriers for the cost of removal. The quotations shall be obtained, where
practicable, from at least two carriers and should show the cost of removal
from house to house.
(c) The liability of
the Authority for removal expenses shall be limited to the amount specified in
the approved quote, but the furniture and effects may be removed in any way the
General Manager or District Veterinarian chooses. The Authority shall in no
case be responsible for any damage done to furniture and effects in the course
of removal, but shall reimburse the amount of the premium in respect of an
insurance policy effected by the General Manager or District Veterinarian up to
the maximum rate currently charged by the tariff insurance companies to cover
such risks as collision, fire, overturning of vehicles and other risks for
which a common carrier is not normally liable, subject to the maximum insurable
value of the furniture and effects not exceeding $40,000.
19.4 Where a District
Veterinarian whose removal expenses are being paid by the Authority finds it
necessary to secure board and lodging for self and dependant relatives while
waiting:
(a) to commence or
continue the journey to the new location; or
(b) to secure a
residence or accommodation at the new location,
the District Veterinarian shall be allowed one half of
the actual cost so incurred for a period not exceeding one week in the first
case and four weeks in the second. If the Authority is satisfied that the
District Veterinarian has made every reasonable but unsuccessful endeavour to
secure a home or accommodation at the destination, the allowance may be
continued for an additional period not exceeding four weeks. In special cases
where the General Manager is satisfied that a further continuation of the
allowance is warranted, an allowance not exceeding $25 per week may be granted
for an additional period not exceeding five weeks.
20. Conference
Attendance and Industrial Leave
20.1 Attendance at
conferences of the District Veterinarians, Rangers, General Managers, and
Customer Service Officers or any other conference or meeting where attendance
is required by the Authority or Council, the employee shall be deemed to be on
their normal duties.
20.2 Any member of the
PSA Departmental Committee or an AWU Branch Executive when attending a meeting
of the committee approved by the PSA or AWU respectively shall be granted leave
on full pay while so attending but expenses will not be paid by the Authority
or the Council but the employee shall be covered by workers compensation
insurance while on such leave in accordance with the Workers Compensation Act.
20.3 The PSA and AWU
or its delegates shall notify the Council of the members of the PSA Departmental
Committee or AWU Branch Executive respectively required to attend such meeting
and the date of such meeting.
20.4 Any member of the
Joint Consultative Committee attending a meeting with the Council shall be
granted leave on full pay while so attending but expenses will not be paid by
the Authority or the Council but the employee shall be covered by workers
compensation insurance while on such leave in accordance with the Workers
Compensation Act.
21. Living Allowance
21.1 An employee who
as at 1 January 1995 was receiving a living allowance shall continue to do so.
Such allowances are set out in Items 2, 3 and 4 of Table 2 - Allowances, of
Part B, Monetary Rates.
21.2 No further
increases will apply to these allowances.
22. Travelling
Allowance
The provisions of this clause shall take effect from
the beginning of the first pay period to commence on or after 21 March 2009.
Where an Employee Travels on Official Duty with the
Approval of the Authority the employee shall be allowed:
(a) The use of an
Authority vehicle or the cost of conveyance by rail, bus or aircraft and, in
the case of emergency, cost of hiring a car or other vehicle.
(b) If the
employee's private car is used at the request of the General Manager (or the
Chairperson of the Board of the Authority in relation to the General Manager)
an amount as set out in Item 5 of Table 2 - Allowances, of Part B, Monetary
Rates, shall be paid or such higher rates as apply to NSW Public Servants as
published in the Public Service Notices.
(c) If the employee
requests and the General Manager (or the Chairperson of the Board of the
Authority in relation to the General Manager) agrees that the employee may use
their private car the casual rate as set out in Item 5 of Table 2 - Allowances,
of Part B, Monetary Rates, shall be paid or such higher rates as apply to NSW
Public Servants as published in the Public Service Notices. The casual rate can be paid so long as the
allowance is not greater than the cost of travel by public or other available
transport.
(d) These provisions
shall also be applicable to employees when attending conferences.
23. Accommodation
Allowance
The provisions of this clause shall take effect from
the beginning of the first pay period to commence on or after 21 March 2009.
23.1 Where overnight
accommodation is required -
(a) Where in the
course of duties, an employee is required to spend one or more nights away from
home with the prior approval of the Authority, the employee shall be entitled
to all reasonable actual expenses, providing receipts are produced to the
Authority together with an incidental expenses allowance set out in Item 6 of
Table 2. Expenses include
accommodation, breakfast, lunch, dinner and transport costs. Transport costs
are specified in clause 22, Travelling Allowance.
(b) As an
alternative to actual expenses, the employee may elect to receive the
accommodation allowance as set out in Item 7 of Table 2 - Allowances, of Part
B, Monetary Rates, (or such higher rates as apply to NSW Public Servants as
published in the Public Service Notices) without providing receipts to the
Authority. The accommodation allowance for the Capital City of Sydney applies
to accommodation where the telephone number commences with the numbers 028 or
029 in accordance with the Premiers Directions. The provisions of this clause will not apply in circumstances
where a third party is providing accommodation to the employee and the employee
does not have to pay for it.
(c) The
accommodation allowance is calculated on the hourly basis from the time that
the employee leaves home or place of employment until the time that the
employee returns home or to the place of employment. The accommodation
allowance covers accommodation, breakfast, lunch, dinner and incidentals but
does not cover transport costs. Transport costs can be claimed in addition to
the allowance.
23.2 Cost of Meals -
One day Journeys - Where overnight accommodation is not required -
Where the General Manager is satisfied that an employee
reasonably incurs additional expenses for breakfast, lunch or dinner, the
employee may be reimbursed the actual cost of breakfast, lunch or dinner up to
the amounts set out in Items 8, 9 and 10 of the said Table 2, or such higher
amounts as apply to NSW Public Servants as published in the Public Service
Notices, providing receipts are produced to the General Manager.
23.3 Production of
Receipts - Payment of any actual expenses shall be subject to the production of
receipts, or as provided by Council Guidelines.
24. Camping Allowance
Where the employee is directed to camp, conditions and
allowances shall be as follows:
(i)
(a) A permanent
solid floor structure, externally cladded and internally lined.
(b) A bed and
mattress and pillow.
(c) A lockable door
and windows that are fly screened.
(d) Table and
chairs.
(e) Artificial
lighting.
(f) Heating if
required.
(g) Shower
facilities with hot and cold water.
(h) Toilet
facilities that are fly proof.
(i) Kitchen
equipped with stove, cooking equipment as required, utensils, storage, sink
with water, refrigerator, cleaning equipment and materials for cleaning.
(j) Adequate
supplies of fresh drinking water.
(ii) In the event
of there being no permanent structure, the Authority shall provide a caravan
with amenities equivalent to those required above.
(iii) Where the
Authority is unable to provide such equipment specified above, with Authority
approval the employee shall be:
(a) reimbursed for
the cost of hiring such equipment upon production of receipts; or
(b) be paid the
daily allowance for providing their own equipment.
(iv) An employee may
provide their own bedding or sleeping bag and be paid the bedding
allowance. Otherwise the employer shall
provide necessary sheets, blankets or sleeping bag.
(v) Camping
allowance and amounts per day as set out in Items 11-14 of Table 2 -
Allowances, of Part B, Monetary Rates or such higher amounts as apply to NSW
Public Servants as published in the Public Service Notices.
25. Protective
Clothing and Equipment
Special protective clothing shall be provided in
accordance with the Work Health and Safety Act 2011 and its associated
regulations. The list (Circular 92/4)
shall be reviewed in consultation with the Association and the Union.
26. Horse Allowance
If the Authority requests an employee to use his or her
own horse for their official duties and the employee agrees, the employee is
entitled to be paid an amount as set out in Item 15 of Table 2 - Allowances, of
Part B, Monetary Rates, for each week or part thereof that the horse is used.
27. Dog Allowance
If the Authority requests an employee to use his or her
own dog or dogs for their official duties, and the employee agrees, the
employee is entitled to be paid an amount as set out in Item 16 of Table 2 -
Allowances, of Part B, Monetary Rates, for each week or part thereof that the
dog is used.
28. Flying Allowance
Where an employee is required by the Authority to work
from an in-flight situation they shall be paid an allowance as set out in Item
17 of Table 2 - Allowances (or such higher amount as apply to NSW Public
Servants as published in the Public Service Notices). The flying allowance
payable under this Clause shall be in addition to any other entitlement for the
time actually spent working in the aircraft.
29. Motor Vehicle
Usage and Allowance
The provisions of this clause shall take effect from
the beginning of the first pay period to commence on or after 21 March 2009.
29.1 All General
Managers, District Veterinarians, Rangers and when required by the Authority,
Field Assistants shall be provided with appropriate motor vehicles by the
Authority for official use. All hard top and enclosed motor vehicles shall be
provided with air conditioning units. All upkeep, running expenses,
registration, insurance, maintenance, etc., associated with the motor vehicle
shall be paid by the Authority.
29.2 Where an employee
is required, at the request of the General Manager (or the Chairperson of the
Board of the Authority in relation to the General Manager), to use their
private vehicle in the normal course of duties, an amount as set in Item 5 of
Table 2 - Allowances, of Part B, Monetary Rates, or such higher rates as apply
to NSW Public Servants notified through Memorandum or Circular.
29.3 If an employee's
requests and the General Manager (or the Chairperson of the Board of the
Authority in relation to the General Manager) agrees that the employee may use
their private car the casual rate as set out in Item 5 of Table 2 - Allowances,
of Part B, Monetary Rates, shall be paid or such higher rates as apply to NSW
Public Servants as published in the Public Service Notices. The casual rate can be paid so long as the
allowance is not greater than the cost of travel by public or other available
transport.
29.4 Staff of an
Authority, excluding a staff member classified under this Award in the position
of General Manager, required to use a motor vehicle provided by the Authority
in the course of their duties may, at the discretion of the General Manager, be
granted private use of the motor vehicle on such conditions as the Authority
determines.
29.5 The General
Manager may elect to use the vehicle provided by the Authority for private
purposes conditional upon the General Manager paying to the Authority an after
tax contribution equal to the taxable value of the car fringe benefit in the
year the car fringe benefit was provided.
This contribution must be made by way of an after tax deduction from the
Generals Managers fortnightly salary.
30. Telephone
Expenses
30.1 If an employee is
required by the Authority to make and/or receive telephone communications in
the employee's private residence for the convenience of ratepayers or others in
connection with the execution of their duties outside normal hours, the
Authority shall pay the cost of any necessary telephone connection(s) or
reconnection(s) and the payment of full rental and all outgoing calls made in
connection with the employee's duties which have been recorded.
30.2 An Authority may,
by agreement with the employee, pay a telephone allowance in lieu of payment
specified in clause 30.1.
30.3 Where the
connection is outside the urban boundaries of a town, village, city, etc. and
the Authority may require connection and the connection fee exceeds the average
connection fee for that urban area, the payment of additional connection costs
may be negotiated.
30.4 An Authority may
at its discretion, pay such proportion of private calls from such telephone
mentioned in the Award as the General Manager determines and under such
conditions as the Authority determines.
31. Home Office
Allowance
Where the Authority, by a formal written request,
requires an employee to use a space at their home as an office, and requires
the employee to spend the majority of their office time in that office, the following
conditions will apply:
(a) A formal
Agreement shall be signed by the Authority and the Employee before such
official use of the space.
(b) The Authority
will be responsible for providing a desk, chair, cabinet, telephone, computer
and other necessary equipment as determined by the General Manager.
(c) The furniture
and equipment provided by the Authority shall remain the property of the
Authority.
(d) An Allowance per
year of an amount set out in T able 2 - Allowances, payable to the Employee on
a fortnightly basis in arrears, shall be paid by the Authority on commencement
of the use of the room after the Agreement has been signed.
(e) The amount of
the Allowance will increase in accordance with the amount specified in the
Crown Employees (Public Service Conditions of Employment) Award for using a
room at home as an office.
(f) If the
Agreement is cancelled in writing by either party, no further payments shall be
paid by the Authority and no amounts shall be refunded by the Employee.
32. Deduction of
Association and Union Membership Fees
(i) The Association
and the Union shall provide the employer with a schedule setting out
fortnightly membership fees payable by members of the Association and the Union
in accordance with their rules.
(ii) The
Association and the Union shall advise the employer of any change to the amount
of fortnightly membership fees made under its rules. Any variation to the schedule of fortnightly membership fees
payable shall be provided to the employer at least one month in advance of the
variation taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct fortnightly membership fees from the
pay of any employee who is a member of the Association or Union provided that
the employee has authorised the employer to make such deductions.
(iv) Monies so
deducted from the employee's pay shall be forwarded at least monthly to the
Association or Union together with all necessary information to enable the
Association or Union to reconcile and credit subscriptions to employees’
membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association or Union, all
membership fees shall be deducted on a fortnightly basis.
(vi) An employee may
revoke, with two (2) weeks’ notice in writing, any authorisation to the
employer to make payroll deductions of membership fees.
(vii) There shall be
no requirements to make deductions for casual employees with less than two (2) months service (continuous or otherwise).
(viii) Where an employee
has already authorised the deduction of the Association or Union membership
fees from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to continue.
33. Indexation of
Allowances
With the exception of clauses 21 Living Allowance; 22
Travelling Allowance; 23 Accommodation Allowance; 28 Flying Allowance; 29 Motor
Vehicle Usage and Allowance; and 31 Home Office Allowance, all allowances shall
be moved automatically in accordance with movements in the Wage Case Decisions
by Fair Work Australia.
34. Dispute Settling
Procedures
34.1 The intention of
the following procedures is to establish an equitable and orderly procedure for
discussing and settling complaints and grievances. It is not intended to
prescribe or offset the right of any party to instigate proceedings under the
provisions of the Industrial Relations Act 1996.
(i) Where a dispute
arises at a particular location which cannot be resolved between the employee
and/or their representative and the relevant supervisor it shall be referred to
the General Manager in an attempt to resolve the matter.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the
Board for their advice and assistance.
(iii) Failing
settlement of the issue at this level, the matter shall be referred to the
Council for their advice and assistance.
(iv) If the matter
remains unresolved, the parties shall agree that the matter can be referred to
the appropriate tribunal under the Industrial Relations Act 1996.
(v) Whilst these
procedures are continuing, no stoppage of work or any other form of limitation
of work shall be applied.
(vi) The right is
reserved to the parties to vary this procedure where a bona fide safety factor
is involved.
34.2 Notwithstanding
Clause 34.1, the Authority shall not make a monetary offer in settlement of a
dispute without the prior written approval of the Council.
35. No Extra Claims
35.1 The Association
and the Union undertake not to pursue any new salaries or conditions claims
arising from negotiation of productivity and efficiency improvements resulting
in this Award.
35.2 The pay increases
provided by this Award are premised on the basis that there shall be no new
salaries or conditions claims to take effect during the term of this Award
except for any areas so agreed between the parties.
35.2(a) Leave is
reserved for the parties to make application to the Industrial Relations
Commission of New South Wales during the nominal term of this Award, to seek
the future inclusion of progression criteria for all positions and changed
grades for the positions below the grade of Senior Ranger, Senior Veterinarian
or Office Coordinator."
36. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
36A. Secure
Employment
36A.1 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.
36A.2 Casual Conversion
(a) 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 employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(b) 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.
(c) Any casual
employee who has a right to elect under paragraph 36A.2(b), upon receiving
notice under paragraph 36A.2(b) or after the 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.
(d) 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 employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) 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 36A.2(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 36A.2(c), discuss and agree upon:
(i) whether the
employee will convert to full-time or part-time employment; and
(ii) 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 the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), 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.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
36A.3 Work Health and
Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(i) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace work health and
safety consultative arrangements;
(ii) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(iii) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in this
subclause 36A.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
36A.4 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.
36A.5 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.
37. Area, Incidence
and Duration
37.1 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 4 April 2012.
Changes made to this award subsequent to it first being
published on 31 July 2009 (368 I.G. 954) have been incorporated into this award
as part of the review.
37.2 It shall apply to
District Veterinarians, Senior District Veterinarians, Rangers, Senior Rangers,
Field Assistants, Customer Service Officers, Office Coordinators, and General
Managers employed under the Rural Lands Protection Act 1998 under
the jurisdiction of the Livestock Health and Pest Authorities.
Commencement and finishing dates.
37.3 It shall take
effect from the beginning of the first pay period to commence on or after 1
July 2008 and shall remain in force thereafter until 30 June 2011.
Part B
MONETARY RATES
Table 1 - Salaries
(1) District
Veterinarians
|
Award
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
classification
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(Inclusive
|
|
|
4% increase)
|
4% increase)
|
4% increase)
|
4% increase)
|
of 2.5%
|
|
|
|
|
|
|
increase)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Grade 1
|
|
Grade 1 - 1st Year
|
56,465
|
58,724
|
61,073
|
63,515
|
65,102.88
|
|
Grade 1 - 2nd Year
|
56,873
|
59,148
|
61,514
|
63,974
|
65,573.35
|
|
Barrier
|
|
Grade 2
|
|
Grade 2 - 1st Year
|
59,725
|
62,114
|
64,599
|
67,183
|
68,862.58
|
|
Grade 2 - 2nd Year
|
62,036
|
64,517
|
67,098
|
69,782
|
71,526.55
|
|
Grade 2 - 3rd Year
|
65,751
|
68,381
|
71,116
|
73,961
|
75,810.03
|
|
Barrier
|
|
Grade 3
|
|
Grade 3 - 1st Year
|
69,781
|
72,572
|
75,475
|
78,494
|
80,456.35
|
|
Grade 3 - 2nd Year
|
73,442
|
76,380
|
79,435
|
82,612
|
84,677.30
|
|
Grade 3 - 3rd Year
|
79,342
|
82,516
|
85,816
|
89,249
|
91,480.23
|
|
Barrier
|
|
Grade 4
|
|
Grade 4 - 1st Year
|
83,906
|
87,262
|
90,753
|
94,383
|
96,742.58
|
|
Grade 4 - 2nd Year
|
86,419
|
89,876
|
93,471
|
97,210
|
99,640.25
|
|
Grade 4 - 3rd Year
|
88,962
|
92,520
|
96,221
|
100,070
|
102,571.75
|
1.1 An additional
per annum allowance of $1,592 shall be paid to those District Veterinarians
serving the Albury, Armidale, Bathurst, Casino, Deniliquin, Gloucester,
Maitland, Moss Vale, Tamworth, Wagga and Young Districts as at 1 January 1995
until such time as those employees leave those districts.
1.2 No further
increases to apply to this allowance.
1A. Senior Veterinary
Officer
|
Classification
|
Salary as at
|
Salary as at
|
Salary as at y
|
Salary as at
|
|
|
11 February 2009
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
|
|
(inclusive of 4%
|
(inclusive of 4%
|
(inclusive
|
|
|
|
increase)
|
increase)
|
of 2.5%
|
|
|
|
|
|
increase)
|
|
|
$
|
$
|
$
|
$
|
|
Senior Veterinary
|
|
|
|
|
|
Officer
|
101,500
|
105,560
|
109,782
|
112,526.55
|
(2) General Managers
|
Classification
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
|
1 December 2008
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
|
|
(inclusive of 4%
|
(inclusive of 4%
|
(inclusive
|
|
|
|
increase)
|
increase)
|
of 2.5%
|
|
|
|
|
|
increase)
|
|
|
$
|
$
|
$
|
$
|
|
General Manager (other
|
|
|
|
|
|
than a General Manager
|
105,000
|
109,200
|
113,568
|
116,407.20
|
|
employed in the
|
|
|
|
|
|
Western Division)
|
|
|
|
|
|
General Manager
|
|
|
|
|
|
(employed in the
|
68,000
|
70,720
|
73,549
|
75,387.73
|
|
Western Division)
|
|
|
|
|
(3) Customer Service
Officers
|
Award classification
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as
|
|
Customer Service
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
at 1 July 2011
|
|
Officer (CSO)
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive
|
|
|
4% increase)
|
4% increase)
|
4% increase)
|
4% increase)
|
of 2.5%
|
|
|
|
|
|
|
increase)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
CSO Grade 1 - 1st
|
34,510
|
35,890
|
37,326
|
38,819
|
39,789.48
|
|
year
|
|
|
|
|
|
|
CSO Grade 2 - 1st
|
35,106
|
36,510
|
37,971
|
39,489
|
40,476.23
|
|
year
|
|
|
|
|
|
|
CSO Grade 2 - 2nd
|
35,681
|
37,108
|
38,593
|
40,136
|
41,139.40
|
|
year
|
|
|
|
|
|
|
CSO Grade 3 - 1st
|
36,266
|
37,717
|
39,225
|
40,794
|
41,813.85
|
|
year
|
|
|
|
|
|
|
CSO Grade 3 - 2nd
|
37,435
|
38,932
|
40,490
|
42,109
|
43,161.73
|
|
year
|
|
|
|
|
|
|
Barrier
|
|
CSO Grade 4 - 1st
|
38,606
|
40,150
|
41,756
|
43,426
|
44,511.65
|
|
year
|
|
|
|
|
|
|
CSO Grade 4 - 2nd
|
39,775
|
41,366
|
43,021
|
44,741
|
45,859.53
|
|
year
|
|
|
|
|
|
|
Barrier
|
|
Award classification
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
|
Senior Customer
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
|
|
Service Officer
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
|
|
(SCSO)
|
4% increase)
|
4% increase)
|
4% increase)
|
4% increase)
|
|
|
SCSO Level 1
|
40,945
|
42,583
|
44,286
|
46,058
|
47,209.45
|
|
|
|
|
|
|
|
|
Barrier
|
|
|
SCSO Level 2
|
42,699
|
44,407
|
46,183
|
48,031
|
49,231.78
|
|
|
|
|
|
|
|
(4) Office
Coordinator - Applicable to Office Coordinators appointed in relation to the
creation of Livestock Health and Pest Authorities on 1 January 2009.
|
Classification
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as 1
|
|
|
11 February
|
1 July 2009
|
1 July 2010
|
July 2011
|
|
|
2009
|
(inclusive of
|
(inclusive of
|
(inclusive
|
|
|
|
4% increase)
|
4% increase)
|
of 2.5% increase)
|
|
|
$
|
$
|
$
|
$
|
|
Office Coordinator
|
55,000
|
57,200
|
59,488
|
60,975.20
|
(5) Rangers
|
Award
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
classification -
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
Ranger
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
|
|
4% increase)
|
4% increase)
|
4% increase)
|
4% increase)
|
2.5%
|
|
|
|
|
|
|
increase)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Ranger Grade 1
|
|
Ranger Grade 1
|
40,822
|
42,455
|
44,153
|
$45,919
|
47,066.98
|
|
1st year
|
|
|
|
|
|
|
Ranger Grade 2
|
|
1st year
|
42,228
|
43,917
|
45,674
|
47,501
|
48,688.53
|
|
Level 2 (refer
|
42,812
|
44,524
|
46,305
|
48,158
|
49,361.95
|
|
to clause
|
|
|
|
|
|
|
5.5.3(iii)
|
|
|
|
|
|
|
2nd year
|
43,806
|
45,558
|
47,381
|
49,276
|
50,507.90
|
|
Level 2 (refer
|
44,391
|
46,167
|
48,013
|
49,934
|
51,182.35
|
|
to clause
|
|
|
|
|
|
|
5.5.3(iv)
|
|
|
|
|
|
|
3rd year
|
45,488
|
47,308
|
49,200
|
51,168
|
52,447.20
|
|
Level 2 (refer
|
46,072
|
47,915
|
49,831
|
51,825
|
53,120.63
|
|
to clause
|
|
|
|
|
|
|
5.5.3(v)
|
|
|
|
|
|
|
Barrier
|
|
Grade 3
|
|
|
|
|
|
|
Level 1
|
47,029
|
48,910
|
50,867
|
52,901
|
54,223.53
|
|
Barrier
|
|
Level 2
|
48,784
|
50,735
|
52,765
|
54,875
|
56,246.88
|
|
Grade 4
|
|
|
|
|
|
|
Level 1
|
49,215
|
51,184
|
53,231
|
55,360
|
56,744.00
|
|
Barrier
|
|
|
Level 2
|
52,139
|
54,225
|
56,394
|
58,649
|
60,115.23
|
|
Grade 5 Managing Ranger
|
|
Level 1
|
54,085
|
56,248
|
58,498
|
60,838
|
62,358.95
|
|
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
|
|
|
supervision
|
supervision
|
supervision
|
supervision
|
|
|
|
allowance)
|
allowance)
|
allowance)
|
allowance)
|
|
|
Barrier
|
|
Level 2
|
57,010
|
59,290
|
61,662
|
64,128
|
65,731.20
|
|
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
(inclusive of
|
|
|
|
supervision
|
supervision
|
supervision
|
supervision
|
|
|
|
allowance)
|
allowance)
|
allowance)
|
allowance)
|
|
5.1 An amount of
$1000 shall be added to the salary of Rangers Grades 1, 2 and 3 and $1500 added
to the salary of Rangers Grades 4 and 5 and Senior Rangers, on attaining a
Diploma that, in the opinion of State Council, is relevant, OR
5.2 An amount of
$2000 shall be added to the salary of Rangers Grades 1, 2, and 3, and $2500
added to the salary of Rangers Grades 4 and 5 and Senior Rangers, on attaining
a Degree that, in the opinion of State Council, is relevant.
5.3 The amounts set
out in 5.1 and 5.2 shall not be cumulative.
5A. Senior Rangers
|
Classification
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
|
11 February 2009
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
|
|
(inclusive of 4%
|
(inclusive of 4%
|
(inclusive of 2.5%
|
|
|
|
increase)
|
increase)
|
increase)
|
|
|
$
|
$
|
$
|
$
|
|
Senior Ranger (other
|
|
|
|
|
|
than a Senior Ranger
|
70,000
|
72,800
|
75,712
|
77,604.80
|
|
employed in the
|
|
|
|
|
|
Western Division)
|
|
|
|
|
|
Senior Ranger
|
|
|
|
|
|
(employed in the
|
57,000
|
59,280
|
61,651
|
63,192.28
|
|
Western Division)
|
|
|
|
|
(6) Field Assistants
|
Award
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
Salary as at
|
|
classification -
|
1 July 2007
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
1 July 2011
|
|
Field
|
(includes 4%
|
(includes 4%
|
(includes 4%
|
(includes 4%
|
(inclusive of 2.5%
|
|
Assistants
|
increase)
|
increase)
|
increase)
|
increase)
|
increase)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Level 1
|
35,233
|
36,642
|
38,108
|
39,632
|
40,622.80
|
|
Level 2
|
37,731
|
39,240
|
40,810
|
42,442
|
43,503.05
|
|
Senior
|
40,822
|
42,455
|
44,153
|
45,919
|
47,066.98
|
Table 2 - Allowances
As at 1 July 2011
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
No.
|
No.
|
|
|
|
1
|
5.5.2
|
Supervising Field
|
$47.14 per week.
|
|
|
|
Assistants, Rangers,
|
|
|
|
|
Labourers or
|
|
|
|
|
Contractors
|
|
|
|
21
|
Living Allowance -
|
With
|
Without
|
|
|
|
(Grades as defined in
|
Dependants
|
Dependants
|
|
|
|
Public Service
|
Per annum
|
Per annum
|
|
|
|
Handbook) for
|
|
|
|
|
|
Employees employed
|
|
|
|
|
|
before 1.1.1995 only.
|
|
|
|
2
|
21
|
Grade A
|
$1,083.00
|
$758.00
|
|
3
|
21
|
Grade B
|
$1,444.00
|
$1,012.00
|
|
4
|
21
|
Grade C
|
$1,926.00
|
$1,348.00
|
|
5
|
22(b)
|
Travelling Allowance
|
63.0 cents/km
|
(engine capacity
under 1600cc)
|
|
|
29.2
|
If the Employees
|
|
|
|
|
|
private car is used
|
|
|
|
|
|
|
74.0 Cents/km
|
(engine capacity
from 1601cc - 2600cc)
|
|
|
|
|
75.0 cents/km
|
(engine capacity
over 2601cc)
|
|
5
|
22(c)
|
Travelling Allowance
|
25.2 cents/km
|
(engine capacity
under 1600cc
|
|
|
29.3
|
If the Employees
|
|
|
|
|
|
private car is used
|
|
|
|
|
|
(casual rate)
|
|
|
|
|
|
|
29.6 Cents/km
|
(engine capacity
from 1601cc - 2600cc)
|
|
|
|
|
30.0 cents/km
|
(engine capacity
over 2601cc)
|
|
6
|
23
|
Accommodation Allowances
|
|
|
|
|
Incidental Expenses Allowance
|
|
|
|
|
when claiming Actual Expenses
|
$17.30 per day
|
|
7
|
23
|
Accommodation Allowances
|
|
|
|
|
|
|
|
|
|
|
Capital
|
Per Day
|
High Cost
|
Per Day
|
Tier 2
|
Per
|
|
|
|
Cities
|
$
|
Country
|
$
|
Country
|
Day $
|
|
|
|
Adelaide
|
270.10
|
Maitland
|
244.60
|
Armidale
|
224.30
|
|
|
|
Brisbane
|
314.10
|
Newcastle
|
255.60
|
Bathurst
|
224.30
|
|
|
|
Canberra
|
278.10
|
Wollongong
|
241.10
|
Broken Hill
|
224.30
|
|
|
|
Darwin
|
302.10
|
|
|
Coffs Harbour
|
224.30
|
|
|
|
Hobart
|
238.10
|
|
|
Cooma
|
224.30
|
|
|
|
Melbourne
|
286.10
|
|
|
Dubbo
|
224.30
|
|
|
|
Perth
|
289.10
|
|
|
Gosford
|
224.30
|
|
|
|
Sydney
|
296.10
|
All Other Country
|
Goulburn
|
224.30
|
|
|
|
|
|
Locations $ per day
|
Mudgee
|
224.30
|
|
|
|
|
|
204.30
|
Muswellbrook
|
224.30
|
|
|
|
|
|
|
Orange
|
224.30
|
|
|
|
|
|
|
Port Macquarie
|
224.30
|
|
|
|
|
|
|
Queanbeyan
|
|
|
|
|
|
|
|
Tamworth
|
|
|
|
|
|
|
|
Tumut
|
|
|
|
|
|
|
|
Wagga Wagga
|
|
|
|
|
|
|
|
|
|
|
|
|
Meal
|
Capital Cities
& High Cost
|
Tier 2 & Other
Country Centres
|
|
|
|
Expenses
|
Country
|
|
|
8
|
23.2
|
Breakfast
|
Max $23.65
|
Max $21.15
|
|
9
|
23.2
|
Lunch
|
Max $26.55
|
Max $24.20
|
|
10
|
23.2
|
Dinner
|
Max $45.60
|
Max $41.65
|
|
11
|
24
|
Camping
|
$37.55 per night - takes into account supplying own food,
incidentals
|
|
|
|
allowance
|
and general
disability
|
|
12
|
24
|
Equipment
|
$28.20 per night
for supplying own camping equipment.
|
|
|
|
Allowance if
|
|
|
|
|
camping
|
|
|
|
|
equipment
|
|
|
|
|
not provided
|
|
|
|
|
by the
|
|
|
|
|
Authority
|
|
|
13
|
24
|
Bedding
|
$4.70 per day for
supplying own sleeping bag
|
|
|
|
Allowance if
|
|
|
|
|
bedding or
|
|
|
|
|
sleeping bag
|
|
|
|
|
not provided
|
|
|
|
|
by the
|
|
|
|
|
Authority
|
|
|
14
|
24
|
Excess
|
$9.00 per day in
addition to any other allowance
|
|
|
|
Allowance
|
|
|
|
|
If required to
|
|
|
|
|
camp in
|
|
|
|
|
excess of 40
|
|
|
|
|
consecutive
|
|
|
|
|
days
|
|
|
15
|
26
|
Employee
|
$9.54 per week
|
|
|
|
requested by
|
|
|
|
|
the Authority
|
|
|
|
|
to supply
|
|
|
|
|
own horse
|
|
|
|
|
and saddle,
|
|
|
|
|
including
|
|
|
|
|
responsibility
|
|
|
|
|
for feeding,
|
|
|
|
|
grooming
|
|
|
|
|
and caring in
|
|
|
|
|
own time
|
|
|
16
|
27
|
Employee
|
$4.96 per week per
dog
|
|
|
|
requested by
|
|
|
|
|
the Authority
|
|
|
|
|
to supply
|
|
|
|
|
own dog,
|
|
|
|
|
including
|
|
|
|
|
responsibility
|
|
|
|
|
for housing,
|
|
|
|
|
caring and
|
|
|
|
|
feeding in
|
|
|
|
|
own time
|
|
|
17
|
28
|
Flying
|
$17.90 per hour
|
|
|
|
Allowance
|
|
|
18
|
31
|
Home Office
|
$823 per annum (or
such other amount as specified in the Crown
|
|
|
|
allowance
|
Employees Public
Service Conditions Award).
|
|
|
|
|
|
|
|
|
|
NOTE: For reimbursements regarding removal expenses see
clause 19, Removal Expenses of Part A.
Table 3 - Long Service Leave Accrual
|
LONG SERVICE LEAVE
ACCRUAL TABLE
|
|
BASED ON A FIVE (5)
DAY WEEK
|
|
All figures in this table refer to working days
|
|
|
|
Years 1 to 5 are shown for accrual purposes ONLY.
|
|
|
|
Years
|
0-10 Years
|
|
Years
|
10+ Years
|
Years
|
10+ Years
|
|
|
1
|
4.4
|
days
|
11
|
55 days
|
21
|
165
|
days
|
|
2
|
8.8
|
|
12
|
66
|
22
|
176
|
|
|
3
|
13.2
|
|
13
|
77
|
23
|
187
|
|
|
4
|
17.6
|
|
14
|
88
|
24
|
198
|
|
|
5
|
22.0
|
|
15
|
99
|
25
|
209
|
|
|
6
|
26.4
|
|
16
|
110
|
26
|
220
|
|
|
7
|
30.8
|
|
17
|
121
|
27
|
231
|
|
|
8
|
35.2
|
|
18
|
132
|
28
|
242
|
|
|
9
|
39.6
|
|
19
|
143
|
29
|
253
|
|
|
10
|
44.0
|
|
20
|
154
|
30
|
264
|
|
|
|
|
|
|
|
31
|
275
|
|
|
Months
|
0-10 Years
|
|
Months
|
10+ Years
|
32
|
286
|
|
|
1
|
0.4
|
days
|
1
|
0.9 days
|
33
|
297
|
|
|
2
|
0.7
|
|
2
|
1.8
|
34
|
308
|
|
|
3
|
1.1
|
|
3
|
2.7
|
35
|
319
|
|
|
4
|
1.4
|
|
4
|
3.6
|
36
|
330
|
|
|
5
|
1.8
|
|
5
|
4.5
|
37
|
341
|
|
|
6
|
2.2
|
|
6
|
5.4
|
38
|
352
|
|
|
7
|
2.5
|
|
7
|
6.3
|
39
|
363
|
|
|
8
|
2.9
|
|
8
|
7.2
|
40
|
374
|
|
|
9
|
3.3
|
|
9
|
8.1
|
41
|
385
|
|
|
10
|
3.6
|
|
10
|
9.1
|
42
|
396
|
|
|
11
|
4.0
|
|
11
|
10.0
|
43
|
407
|
|
|
|
|
|
|
|
44
|
418
|
|
|
Weeks
|
0-10 Years
|
|
Weeks
|
10+ Years
|
45
|
429
|
|
|
|
|
|
|
|
|
|
|
|
1
|
0.09
|
days
|
1
|
0.23 days
|
46
|
440
|
|
|
2
|
0.18
|
|
2
|
0.45
|
47
|
451
|
|
|
3
|
0.27
|
|
3
|
0.68
|
48
|
462
|
|
|
4
|
0.36
|
|
4
|
0.91
|
49
|
473
|
|
|
|
|
|
|
|
50
|
484
|
|
|
Days
|
0-10 Years
|
|
Days
|
10+ Years
|
51
|
495
|
|
|
|
|
|
|
|
|
|
|
|
1
|
0.02
|
days
|
1
|
0.05 days
|
52
|
506
|
|
|
2
|
0.04
|
|
2
|
0.09
|
53
|
517
|
|
|
3
|
0.05
|
|
3
|
0.14
|
54
|
528
|
|
|
4
|
0.07
|
|
4
|
0.18
|
55
|
539
|
|
|
5
|
0.09
|
|
5
|
0.23
|
56
|
550
|
|
NOTE: To convert
leave taken on a seven (7) day week basis up to 1 July 2004, to a five (5) day
week basis in accordance with this Table, multiply the total days taken ,
(including Saturdays and Sundays), by 5/7.
Example:
Assume 3 weeks (21 days) Long Service Leave taken
before 1July 2004.
Multiply 21 x 5/7 = 15 working days.
15 days to be deducted from accrued entitlements in the
above table as at 1 July 2004.
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.