Crown
Employees (Public Service Conditions of Employment) REVIEWED Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 74 of 2012)
|
Before The Honourable
Mr Justice Staff
|
22 November 2012
|
REVIEWED
AWARD
PART A
SECTION 1 -
FRAMEWORK
1. Arrangement
Clause No. Subject Matter
PART A
Section 1 - Framework
1. Arrangement
2. Title
3. Definitions
4. Parties to
the Award
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
Section 2 -
Attendance/Hours of Work
10. Local
Arrangements
11. Working
Hours
12. Casual
Employment
13. Part-Time
Employment
14. Morning and
Afternoon Breaks
15. Meal Breaks
15A. Lactation
Breaks
16. Variation
of Hours
17. Natural
Emergencies and Major Transport Disruptions
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard
Working Hours
21. Flexible
Working Hours
22. Rostered
Days Off for 38 Hour Week Workers
23. Non-Compliance
24. Flexible
Work Practices
25. Existing
Hours of Work Determinations
Section 3 - Travel
Arrangements
26. Travelling
Compensation
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One-Day Journeys
30. Restrictions
on Payment of Travelling Allowances
31. Increase or
Reduction in Payment of Travelling Allowances
32. Production
of Receipts
33. Travelling
Distance
Section 4 -
Allowances and other matters
34. Camping
Allowance
35. Composite
Allowance
36. Allowance
Payable for Use of Private Motor Vehicle
37. Damage to
Private Motor Vehicle Used for Work
38. Camping
Equipment Allowance
39. Allowance
for Living in a Remote Area
40. Assistance
to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
41. Overseas
Travel
42. Exchanges
43. Room at
Home Used as Office
44. Semi-Official
Telephones
45. Flying
Allowance
46. Uniforms,
Protective Clothing and Laundry Allowance
47. Compensation
for Damage to or Loss of Staff Member’s Personal Property
48. Garage and
Carport Allowance
49. Forage for
Horses
50. Community
Language Allowance Scheme (CLAS)
51. First Aid
Allowance
52. Review of
Allowances Payable in Terms of This Award
Section 5 - Union
Consultation, Access and Activities
53. Trade Union
Activities Regarded as On Duty
54. Trade Union
Activities Regarded as Special Leave
55. Trade Union
Training Courses
56. Conditions
Applying to On Loan Arrangements
57. Period of
Notice for Trade Union Activities
58. Access to
Facilities by Trade Union Delegates
59. Responsibilities
of the Trade Union Delegate
60. Responsibilities
of the Trade Union
61. Responsibilities
of Workplace Management
62. Right of
Entry Provisions
63. Travelling
and Other Costs of Trade Union Delegates
64. Industrial
Action
65. Consultation
and Technological Change
66. Deduction
of Trade Union Membership Fees
Section 6 - Leave
67. Leave -
General Provisions
68. Absence
from Work
69. Applying
for Leave
70. Extended
Leave
71. Family and
Community Service Leave
72. Leave
Without Pay
73. Military
Leave
74. Observance
of Essential Religious or Cultural Obligations
75. Parental
Leave
76. Purchased
Leave
77. Recreation
Leave
78. Annual
Leave Loading
79. Sick Leave
80. Sick Leave
- Requirements for Evidence of Illness
81. Sick Leave
to Care for a Family Member
82. Sick Leave
- Workers Compensation
83. Sick Leave
- Claims Other Than Workers Compensation
84. Special
Leave
84A. Leave for
Matters Arising from Domestic Violence
Section 7 - Training
and Professional Development
85. Staff
Development and Training Activities
86. Study
Assistance
Section 8 - Shift
Work and Overtime
87. Shift Work
88. Overtime -
General
89. Overtime
Worked by Shift Workers
90. Overtime
Worked by Day Workers
91. Recall to
Duty
92. On-Call
(Stand-By) and On-Call Allowance
93. Overtime
Meal Breaks
94. Overtime
Meal Allowances
95. Rate of
Payment for Overtime
96. Payment for
Overtime or Leave in Lieu
97. Compensation
for Additional Hours Worked by Duty Officer, State Emergency Services
98. Calculation
of Overtime
99. Provision
of Transport in Conjunction with Working of Overtime
Section 9 -
Miscellaneous
100. Anti-Discrimination
101. Secure
Employment
102. Existing
Entitlements
103. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
2. Title
This award shall be known as the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
3. Definitions
3.1 Act means the Public
Sector Employment and Management Act 2002.
3.2 Accumulation
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.3 Agreement means
an agreement referred to in section 131 of the Act or an agreement as defined
in the Industrial Relations Act 1996.
3.4 Approved Course
means a course relevant to the employment of the staff member in the Department
or the public service and approved by the Department Head.
3.5 Association
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.6 At the
convenience of means the operational requirements permit the staff member's
release from duty or that satisfactory arrangements are able to be made for the
performance of the staff member's duties during the absence.
3.7 Award means an
award as defined in the Industrial Relations Act 1996.
3.8 Birth means the
birth of a child and includes stillbirth.
3.9 Capital City
means the area set out as the area for the Sydney Telephone District Directory
coded N00 in the Sydney White Pages or within a corresponding area in the
Capital City of another State or Territory.
3.10 Casual Employee
means any employee engaged in terms of Chapter 2, Part 2.6 Casual Employees, of
the Public Sector Employment and Management Act 2002 and any guidelines issued
thereof or as amended from time to time.
3.11 Contract hours
for the day for a full time staff member, means one fifth of the full time
contract hours, as defined in this award.
For a part time staff member, contract hours for the day means the hours
usually worked on the day.
3.12 Daily rate or
Rate per day means the rate payable for 24 hours, unless otherwise specified.
3.13 Daily span of
hours means, for a staff member required to work standard hours, the full time
standard hours defined in this award. For a staff member required to work
flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
3.14 Day worker means
a staff member, other than a shift worker, who works the ordinary hours from
Monday to Friday inclusive between the hours of 7.30 a.m. and 6.00 p.m. or as
negotiated under a local arrangement.
3.15 Principal
Department means a Department specified in Column 1 of Schedule 1, Part 1, to
the Act.
3.16 Department Head
means the chief executive officer of a Department as defined in the Act or a
person authorised by the Department Head.
3.17 Secretary means
the Secretary of the Treasury, as established under Chapter 6 of the Public
Sector Employment and Management Act 2002.
3.18 Expected date of
birth, in relation to a staff member who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner
expects the staff member to give birth as a result of the pregnancy.
3.19 Extended leave
means extended (long service) leave to which a staff member is entitled under
the provisions of Schedule 3 to the Public Sector Employment and Management
Act 2002, as amended from time to time.
3.20 Flexible working
hours credit means the time exceeding the contract hours for a settlement
period and includes any time carried over from a previous settlement period or
periods.
3.21 Flexible working
hours debit means the contract hours not worked by a staff member and not
covered by approved leave during the settlement period, as well as any debit
carried over from the previous settlement period or periods.
3.22 Flexible working
hours scheme means the scheme outlined in clause 21, Flexible Working Hours of
this award which enables staff members, subject to operational requirements, to
select their starting and finishing times and which replaces the Flexible
Working Hours Agreement No 2275 of 1980.
3.23 Flexible Work
Practices, Policy and Guidelines means the document negotiated between the
Director of Public Employment, Unions NSW and affiliated unions which enables
staff members to rearrange their work pattern.
3.24 Flex leave means
a period of leave available to be taken by a staff member as specified in
subclause 21.16 of clause 21, Flexible Working Hours of this award.
3.25 Full day means
the standard full time contract hours for the day, i.e. seven or eight hours
depending on the classification of the staff member.
3.26 Full pay or half
pay means the staff member's ordinary rate of pay or half the ordinary rate of
pay respectively.
3.27 Full-time
contract hours means the standard weekly hours, that is, 35 or 38 hours per
week, depending on the classification, required to be worked as at the date of
this award.
3.28 Full-time
position means a position which is occupied, or if not for being vacant, would
be occupied, by a full-time staff member.
3.29 Full-time staff
member means a staff member whose ordinary hours of duty are specified as such
in a formal industrial instrument or whose contract hours are equivalent to the
full-time contract hours for the job classification.
3.30 Half day means
half the standard contract hours for the day.
3.31 Headquarters
means the centre(s) to which a staff member is attached or from which a staff
member is required to operate on a long-term basis.
3.32 Industrial action
means industrial action as defined in the Industrial Relations Act 1996.
3.33 Local Arrangement
means an agreement reached at the organisational level between the Department
Head and the Association in terms of clause 10, Local Arrangements of this
award.
3.34 Local holiday
means a holiday which applies to a particular township or district of the State
and which is not a public holiday throughout the State.
3.35 Normal hours of
duty means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement negotiated under clause 10, Local
Arrangements - the hours of duty the Department Head requires a staff member to
work within the bandwidth specified under the flexible working hours scheme or
local arrangement.
3.36 Normal work
means, for the purposes of subclause 9.11 of clause 9, Grievance and Dispute
Settling Procedures of this award, the work carried out in accordance with the
staff member’s position or job description at the location where the staff
member was employed, at the time the grievance or dispute was notified by the
staff member.
3.37 Official overseas
travel means authorised travel out of Australia by a staff member where the
staff member proceeds overseas on official business.
3.38 On duty means the
time required to be worked for the Department. For the purposes of clause 53,
Trade Union Activities Regarded as On Duty of this award, on duty means the
time off with pay given by the Department to the accredited Association
delegate to enable the Association delegate to carry out legitimate Association
activities during ordinary work hours without being required to lodge an application
for leave.
3.39 On loan means an
arrangement between the Department and the Association where a staff member is
given leave of absence from the workplace to take up employment with the staff
member’s Association for a specified period of time during which the
Association is required to reimburse the Department for the staff member's
salary and associated on-costs.
3.40 On special leave
means the staff member is required to apply for special leave in order to
engage in an activity which attracts the grant of special leave in the terms of
this award.
3.41 Ordinary hourly
rate of pay means the hourly equivalent of the annual rate of pay of the
classification as set out in the Crown Employees (Public Sector - Salaries
2008) Award calculated using the formula set out in clause 12, Casual
Employment of this award.
3.42 Overtime means
all time worked, whether before or after the ordinary daily hours of duty, at
the direction of the Department Head, which, due to its character or special
circumstances, cannot be performed during the staff members ordinary hours of
duty.
3.43 Part-time
entitlement, unless specified otherwise in this award, means pro rata of the
full-time entitlements calculated according to the number of hours a staff
member works in a part-time position or under a part-time arrangement.
3.44 Part-time hours
means hours which are less than the hours which constitute full-time work under
the relevant industrial instrument.
3.45 Part-time
position means a designated part-time position and, unless otherwise specified,
includes any position which is filled on a part-time basis.
3.46 Part-time staff
member means a staff member whose ordinary hours of duty are specified as
part-time in a formal industrial instrument or whose contract hours are less
than the full-time hours.
3.47 Prescribed
ceasing time means, for a staff member working standard hours, the conclusion
of daily standard hours for that staff member. For a staff member working under
a flexible working hours scheme, prescribed ceasing time means the conclusion
of bandwidth of the scheme applying to that staff member.
3.48 Prescribed
starting time means, for a staff member not working under a flexible working
hours scheme, the commencement of standard daily hours of that staff member.
For a staff member working under a flexible working hours scheme, prescribed
starting time means the commencement of bandwidth of the scheme applying to
that staff member.
3.49 Public holiday
means a day proclaimed under the Banks and Bank Holidays Act 1912, as a
bank or a public holiday. This definition does not include a Saturday which is
such a holiday by virtue of section 15A of that Act, and 1 August or such other
day that is a bank holiday instead of 1 August.
3.50 Recall to duty
means those occasions when a staff member is directed to return to duty outside
the staff member’s ordinary hours or outside the bandwidth in the case of a
staff member working under a flexible working hours scheme.
3.51 Relief staff
means staff employed on a temporary basis to provide relief in a position until
the return from authorised leave of the substantive occupant or in a vacant
position until it is filled substantively.
3.52 Residence, in
relation to a staff member, means the ordinary and permanent place of abode of
the staff member.
3.53 Rostered Day Off
means, for the purposes of clause 22, Rostered Days Off for 38 Hour Week
Workers of this award, a day off in a regular cycle at a time operationally
convenient.
3.54 Seasonal staff
means staff employed on a temporary basis for less than three months to meet
seasonal demands which cannot be met by staff already employed in the
Department and which, because of their seasonal nature, do not justify
employment of staff on a long-term basis.
3.55 Secondment means
an arrangement agreed to by the Department Head, the staff member and another
public service Department, a public sector organisation or a private sector
organisation which enables the staff member to work in such other organisation
for an agreed period of time and under conditions agreed to prior to the
commencement of the period of secondment. Secondments under section 86 of the
Act are also to comply with the Commentary and Guidelines on Staff Mobility
(temporary staff transfers - section 86 and temporary assignment - section 88)
and Cross-Agency Employment (section 100) Public Sector Employment and
Management Act 2002.
3.56 Shift worker -
Continuous Shifts means a staff member engaged in work carried out in
continuous shifts throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the Department Head.
3.57 Shift worker -
Non-continuous Shifts means a staff member who is not a day worker or a shift
worker - continuous shifts, as defined above.
3.58 Short leave means
the leave which was available to be granted to staff in the case of pressing
necessity and which was replaced by family and community service leave from 20
September 1994.
3.59 Staff member
means an officer or temporary employee as defined in the Act and, unless
otherwise specified in this award, includes both full-time and part-time staff.
For the purposes of maternity leave, as set out in clause 75, Parental Leave of
this award, staff member means a female staff member.
3.60 Standard hours
are set and regular hours of operation as determined by the Secretary, or by
the Department Head in accordance with any direction of the DPE. Standard hours
are generally the hours which were in operation prior to the introduction of
flexible working hours or have been determined as standard hours for the
organisation since the introduction of flexible working hours.
3.61 Standby means an
instruction given by the Department Head to a staff member to be available for
immediate contact in case of an authorised call-out requiring the performance
of duties.
3.62 Study leave means
leave without pay granted for courses at any level or for study tours during
which financial assistance may be approved by the Department Head, if the
activities to be undertaken are considered to be of relevance or value to the
Department and/or the public service.
3.63 Study Time means
the time allowed off from normal duties on full pay to a staff member who is
studying in a part-time course which is of relevance to the Department and/or
the public service, as defined in the Public Sector Employment and
Management Act 2002.
3.64 Supervisor means
the immediate supervisor or manager of the area in which a staff member is
employed or any other staff member authorised by the Department Head to fulfil
the role of a supervisor or manager, other than a person engaged as a
consultant or contractor.
3.65 Temporary work
location means the place at or from which a staff member temporarily performs
official duty if required to work away from headquarters.
3.66 Trade Union or
Union means a registered trade union, as defined in the Industrial Relations
Act 1996.
3.67 Trade Union
Delegate means an accredited Association delegate responsible for his/her
workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
3.68 Trade Union
Official means a person who is employed by the Association to carry out duties
of an official in a permanent or temporary capacity, including elected
full-time officials and/or staff members placed on loan to the Association for
an agreed period of time.
3.69 Workplace means
the whole of the organisation or, as the case may be, a branch or section of
the organisation in which the staff member is employed.
3.70 Workplace
Management means the Department Head or any other person authorised by the
Department Head to assume responsibility for the conduct and effective, efficient
and economical management of the functions and activities of the organisation
or part of the organisation.
3.71 Domestic Violence
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007.
4. Parties to the
Award
The parties to this award are:
Secretary of the Treasury, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Conditions of
Employment
This award contains the current common conditions of
employment as negotiated by the Secretary of the Treasury and the Association.
6. Coverage
The provisions of this award shall apply to Officers,
Departmental temporary employees and Casual employees (as specified in the
award) as defined in the Public Sector Employment and Management Act
2002 employed in Departments listed in Schedule 1, Part 1, to the Public
Sector Employment and Management Act 2002.
7. Statement of
Intent
This award aims to consolidate, in the one document,
all common conditions of employment of staff employed in Departments, to
encourage the consultative processes at the service-wide and the various
organisational levels, to facilitate, as appropriate, greater flexibility in
the workplace and to help ensure that the excess hours, accumulated as a result
of Departmental work requirements, are not forfeited.
8. Work Environment
8.1 Occupational
Health and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces in Government organisations
covered by this award by:
8.1.1 the development
of policies and guidelines for the New South Wales Public Service and, as and
when appropriate for individual organisations, on Occupational Health, Safety
and Rehabilitation;
8.1.2 assisting to achieve
the objectives of the Occupational Health and Safety Act 2000 and the
Occupational Health and Safety Regulation 2001 by establishing agreed
Occupational Health and Safety consultative arrangements in Government
organisations and or/work premises; to identify and implement safe systems of
work, safe work practices, working environments and appropriate risk management
strategies; and to determine the level of responsibility within a Government
organisation to achieve these objectives;
8.1.3 identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
8.1.4 developing
strategies to assist the rehabilitation of injured staff members;
8.1.5 directly
involving the appropriate Department Head in the provisions of paragraphs 8.1.1
to 8.1.4 inclusive of this subclause.
8.2 Equality in
employment - The NSW Public Service is committed to the achievement of equality
in employment and the award has been drafted to reflect this commitment.
8.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of Departments are required to refrain from, or being
party to, any form of harassment in the workplace.
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department, if required.
9.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next appropriate
level of management, including where required, to the Department Head or
delegate.
9.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
9.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
9.6 The Department
Head may refer the matter to the Secretary for consideration.
9.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
9.8 A staff member,
at any stage, may request to be represented by the Association.
9.9 The staff member
or the Association on their behalf or the Department Head may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
9.10 The staff member,
Association, Department and Secretary shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
9.11 Whilst the
procedures outlined in subclauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
SECTION 2 -
ATTENDANCE/HOURS OF WORK
10. Local
Arrangements
10.1 Local
arrangements may be negotiated between the Department Head and the Association
in respect of the whole Department or part of a Department in relation to any
matter contained in the award.
10.2 All local
arrangements negotiated between the Department Head and the Association must:
10.2.1 be approved by the
Secretary; and
10.2.2 be approved in
writing by the General Secretary of the Association; and
10.2.3 be contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial instrument; and
10.2.4 include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
10.3 Subject to the
provisions of subclause 10.2 of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the Department Head and
the Association in respect of the provisions contained in clause 24, Flexible
Work Practices of this award, where the conditions of employment of any group
are such that the application of the standard flexitime provisions would not be
practicable. Where such local
arrangements do not include provisions in relation to core time, settlement
periods, contract hours, flex credit, flex debit, or flex leave, the relevant
provisions of clause 21, Flexible Working Hours of this award shall apply.
10.4 Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
10.5 Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorised by
their manager, flex leave can only be taken where recreation leave has been
applied for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, access to flex leave is still available.
11. Working Hours
11.1 The working hours
of staff and the manner of their recording, shall be as determined from time to
time by the Department Head in accordance with any direction of the Secretary.
Such direction will include the definition of full time contract hours as
contained in clause 3, Definitions of this award.
11.2 The staff member
in charge of a division or branch of a Department will be responsible to the
Department Head for the proper observance of hours of work and for the proper
recording of such attendance.
11.3 The Department
Head may require a staff member to perform duty beyond the hours determined
under subclause 11.1 of this clause but only if it is reasonable for the staff
member to be required to do so. A staff member may refuse to work additional
hours in circumstances where the working of such hours would result in the
staff member working unreasonable hours. In determining what is unreasonable
the following factors shall be taken into account:
11.3.1 the staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
11.3.2 any risk to staff
member’s health and safety,
11.3.3 the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
11.3.4 the notice (if
any) given by the Department Head regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours, or
11.3.5 any other relevant
matter.
11.4 The application
of hours of work is subject to the provisions of this clause.
11.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
11.6 The Department
Head shall ensure that all staff members employed in the Department are
informed of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
12. Casual Employment
12.1 This clause will
only apply to those employees whose conditions of employment are not otherwise
included in another industrial instrument.
12.2 Hours of Work
12.2.1 A casual employee
is engaged and paid on an hourly basis.
12.2.2 A casual employee
will be engaged and paid for a minimum of 3 consecutive hours for each day
worked.
12.2.3 A casual employee
shall not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of 9 hours, except where
longer periods are permitted under another award or local agreement under
clause 10 of this award, covering the particular class of work or are required
by the usual work pattern of the position.
12.3 Rate of Pay
12.3.1 Casual employee
shall be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
12.3.2 Casual employees
shall be paid a loading on the appropriate ordinary hourly rate of pay of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
12.3.3 Casual employees
shall also receive a 1/12th loading in lieu of annual leave.
12.3.4 The loadings
specified in paragraph 12.3.2 of this subclause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
12.4 Overtime
12.4.1 Casual employees
shall be paid overtime for work performed:
(a) In excess of 9
consecutive hours (excluding meal breaks) except where longer periods are
permitted under another award or local agreement under clause 10 of this award,
covering the particular class of work or are required by the usual work pattern
of the position; or
(b) Outside the
bandwidth application to the particular class of work; or
(c) In excess of the
daily roster pattern applicable for the particular class of work; or
(d) In excess of the
standard weekly roster of hours for the particular class of work; or
(e) In accordance
with a local arrangement negotiated under clause 10 of this award.
12.4.2 Overtime rates
will be paid in accordance with the rates set in clause 90, Overtime Worked by
Day Workers of this award.
12.4.3 Overtime payments
for casual employees are based on the ordinary hourly rate plus the 15% loading
set out in paragraph 12.3.2 of this clause.
12.4.4 The loading in
lieu of annual leave as set out in paragraph 12.3.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
12.5 Leave
12.5.1 Other than as
described under subclauses 12.5, 12.6 and 12.7 of this clause, casual employees
are not entitled to any other paid or unpaid leave.
12.5.2 As set out in
paragraph 12.3.3 of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
12.5.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
12.5.4 Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following provisions shall also apply in addition
to those set out in the Industrial Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Act) because:
(i) the employee or
employee's spouse is pregnant; or
(ii) 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.
12.6 Personal Carers
entitlement for casual employees
12.6.1 Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in paragraph 81.4.2 of clause 81, Sick
Leave to Care for a Family Member of this award who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child. This entitlement is subject to the evidentiary requirements set out
in paragraph 12.6.4, and the notice requirements set out in paragraph 12.6.5 of
this clause.
12.6.2 The Department
Head and the casual 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.
12.6.3 A Department Head
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.
12.6.4 The casual
employee shall, if required,
(a) 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
(b) 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, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
12.6.5 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
12.7 Bereavement
entitlements for casual employees
12.7.1 Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
12.7.2 The Department
Head and the casual 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.
12.7.3 A Department Head
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.
12.7.4 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
12.8 Application of
other clauses of this Award to casual employees
12.8.1 The following
clauses of this award do not apply to casual employees:
|
11
|
Working Hours
|
|
16
|
Variation of Hours
|
|
17
|
Natural Emergencies and Major Transport Disruptions
|
|
19
|
Public Holidays
|
|
20
|
Standard Working Hours
|
|
21-24
|
relating to Flexible Working arrangements
|
|
27
|
Excess Travelling Time
|
|
28
|
Waiting Time
|
|
43
|
Room at Home Used as Office
|
|
44
|
Semi-Official Telephones
|
|
53-59
|
relating to Trade Union activities
|
|
63
|
Travelling and other costs of Trade Union Delegates
|
|
67
|
Leave - General Provisions
|
|
69-84
|
relating to the various Leave provisions
|
|
86
|
Study Assistance
|
|
87
|
Shift Work
|
|
88-89
|
relating to Overtime
|
|
91-92
|
relating to Recall to Duty, On-Call and Stand-by
Arrangements
|
|
96
|
Payment for Overtime or Leave in Lieu
|
|
97
|
Compensation for Additional Hours Worked by Duty Officer,
State Emergency Services.
|
13. Part-Time
Employment
13.1 General
13.1.1 This clause shall
only apply to part-time staff members whose conditions of employment are not
otherwise provided for in another industrial instrument.
13.1.2 Part-time work may
be undertaken with the agreement of the relevant Department Head. Part-time
work may be undertaken in a part-time position or under a part-time
arrangement.
13.1.3 A part-time staff
member is to work contract hours less than full-time hours.
13.1.4 Unless otherwise
specified in the award, part-time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part-time position or under a part-time arrangement. Entitlements to
paid leave will accrue on the equivalent hourly basis.
13.1.5 Before commencing
part-time work, the Department Head and the staff member must agree upon:
(a) the hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether flexible
working hours provisions or standard hours provisions will apply to the
part-time staff member; and
(c) the classification
applying to the work to be performed;
13.1.6 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
13.1.7 Incremental
progression for part-time staff members is the same as for full time staff
members, that is, part-time staff members receive an increment annually.
13.2 Additional hours
13.2.1 An employer may
request, but not require, a part-time staff member to work additional hours.
For the time worked in excess of the staff member’s usual hours and up to the
normal full-time hours for the classification, part-time staff members may
elect to:
(a) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(b) if working under
a Flexible Working Hours scheme under clause 21 of this award, or a Local
Agreement made in accordance with clause 10 of this award, have the time worked
credited as flex time.
13.2.2 For time worked in
excess of the full-time hours of the classification, or outside the bandwidth
payment shall be made at the appropriate overtime rate in accordance with
clause 95, Rate of Payment for Overtime of this award.
14. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break,
provided that the discharge of public business is not affected and, where
practicable, they do so out of the view of the public contact areas. Staff
members, other than the 38 hour week workers, may also take a 10 minute
afternoon break, subject to the same conditions as apply to the morning break.
15. Meal Breaks
15.1 Meal breaks must
be given to and taken by staff members. No staff member shall be required to
work continuously for more than 5 hours without a meal break, provided that:-
15.1.1 where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
15.1.2 where the nature
of the work of a staff member or a group of staff members is such that it is
not possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Department Head and the Association
to provide for payment of a penalty.
15A. Lactation Breaks
15A.1 This clause
applies to staff members 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.
15A.2 A full-time staff
member 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.
15A.3 A part-time staff
member 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.
15A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member 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
staff member.
15A.5 The Department
Head shall provide access to a suitable, private space with comfortable seating
for the purpose of breastfeeding or expressing milk.
15A.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
staff member will take place to attempt to identify reasonable alternative
arrangements for the staff member's lactation needs.
15A.7 Staff members
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.
15A.8 Staff members
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 79, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
21, Flexible Working Hours of this award, where applicable.
16. Variation of
Hours
16.1 If the Department
Head is satisfied that a staff member is unable to comply with the general
hours operating in the Department because of limited transport facilities,
urgent personal reasons, community or family reasons, the Department Head may
vary the staff member's hours of attendance on a one off, short or long-term
basis, subject to the following:
16.1.1 the variation does
not adversely affect the operational requirements;
16.1.2 there is no
reduction in the total number of daily hours to be worked;
16.1.3 the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
16.1.4 a lunch break of
one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
16.1.5 no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
16.1.6 ongoing
arrangements are documented; and
16.1.7 the Association is
consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
17. Natural
Emergencies and Major Transport Disruptions
17.1 A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
17.1.1 apply to vary the
working hours as provided in clause 16, Variation of Hours of this award;
and/or
17.1.2 negotiate an
alternative working location with the Department; and/or
17.1.3 take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
18. Notification of
Absence from Duty
18.1 If a staff member
is to be absent from duty, other than on authorised leave, the staff member
must notify the supervisor, or must arrange for the supervisor to be notified,
as soon as possible, of the reason for the absence.
18.2 If a staff member
is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Department
Head, the amount representing the period of absence shall be deducted from the
staff member's pay.
19. Public Holidays
19.1 Unless directed
to attend for duty by the Department Head, a staff member is entitled to be
absent from duty without loss of pay on any day which is:
19.1.1 a public holiday
throughout the State; or
19.1.2 a local holiday in
that part of the State at or from which the staff member performs duty; or
19.1.3 a day between
Boxing Day and New Year's Day determined by the appropriate Department Head as
a public service holiday.
19.2 A staff member
required by the Department Head to work on a local holiday may be granted time
off in lieu on an hour for hour basis for the time worked on a local holiday.
19.3 If a local holiday
falls during a staff member's absence on leave, the staff member is not to be
credited with the holiday.
20. Standard Working
Hours
20.1 Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
20.2 Urgent Personal
Business - Where a staff member requires to undertake urgent personal business,
appropriate leave or time off may be granted by the Department Head. Where time
off has been granted, such time shall be made up as set out in subclause 20.4
of this clause.
20.3 Late Attendance -
If a staff member is late for work, such staff member must either take appropriate
leave or, if the Department Head approves, make the time up in accordance with
subclause 20.4 of this clause.
20.4 Making up of Time
- The time taken off in circumstances outlined in subclauses 20.2 and 20.3 of
this clause must be made up at the earliest opportunity. The time may be made
up on the same day or on a day or days agreed to between the staff member and
the Department Head.
21. Flexible Working
Hours
21.1 The parties to
this award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are
committed to managing time worked to prevent any forfeiture of credit hours
accumulated under a Flexible Working Hours arrangement.
21.2 Unless local
arrangements have been negotiated as provided in clause 10, Local Arrangements
of this award, and consistent with subclause 21.1 of this clause, a flexible
working hours scheme in terms of this subclause may operate in a Department or
a section of a Department, subject to operational requirements, as determined
by the Department Head.
21.3 Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in a Department, shall be extended to a staff
member working under a part time work arrangement. Except for provisions
contained in subclauses 21.11, 21.13 and 21.16 of this clause, all other
provisions under this subclause shall be applied pro rata to a staff member
working under a part time work arrangement.
21.4 Exclusions -
Flexible working hours shall not apply to staff members who work:
21.4.1 a 38 hour week and
are entitled to a rostered day off in a regular cycle; or
21.4.2 permanent standard
hours; or
21.4.3 according to a
shift roster.
21.5 Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
21.6 Bandwidth - The
bandwidth shall be between the hours of 7.30 a.m. and 6.00 p.m., unless a
different time span has been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this award.
21.7 Coretime - The
coretime shall be between the hours of 9.30 a.m. and 3.30 p.m., excluding the
lunch break, unless other arrangements have been negotiated under a local
arrangement in terms of clause 10, Local Arrangements of this award.
21.8 Lunch break - The
standard lunch period shall be 1 hour. With the approval of the supervisor, the
lunch period may be extended by the staff member up to 2 and 1/2 hours or
reduced to not less than 30 minutes within the span of hours determined by the
Department Head. Where a local arrangement has been negotiated in terms of
clause 10, Local Arrangements of this award, the lunch break shall be taken in
accordance with such local arrangement.
21.9 Settlement period
- Unless a local arrangement has been negotiated in terms of clause 10, Local
Arrangements of this award, the settlement period shall be four weeks.
21.9.1 For time recording
purposes the settlement period and flex leave must coincide.
21.9.2 Where exceptional
circumstances apply, eg prolonged transport strikes, adverse weather conditions
and the like, the Department Head may extend the affected settlement period by
a further 4 weeks.
21.10 Contract hours -
The contract hours for a settlement period shall be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
21.11 Flexible working hours
credit - a staff member may carry a maximum of 10 hours credit into the next
settlement period. Local arrangements in terms of clause 10, Local Arrangements
of this award may be negotiated in respect of the carry over of additional
flexible hours credit than permitted in this clause, the length of the
settlement period and the banking of any accumulated credit hours for time
worked.
21.12 Weekly hours
worked during the settlement period are to be monitored by the staff member and
their supervisor. If it appears that the staff member may exceed an accumulated
work time of 150 hours in a settlement period; or if the total hours of work in
a settlement period with the credit hour carry over from the previous
settlement period may exceed 150 hours, the supervisor and staff member shall
develop a strategy to ensure that the staff member does not forfeit any of the
credit hours accumulated, or likely to be accumulated.
21.13 Flexible Working
Hours Debit - The following provisions shall apply to the carry over of
flexible working hours debits, unless a local arrangement has been negotiated
in terms of clause 10, Local Arrangements of this award:
21.13.1 A debit
of up to 10 hours at the end of a settlement period may be carried over into
the next period;
21.13.2 Where
the debit exceeds 10 hours, the excess will be debited as leave without pay,
unless the staff member elects to be granted available recreation or extended
leave to offset the excess.
21.13.3 Any
debit of hours outstanding on a staff member's last day of duty is to be
deducted from any unpaid salary or the monetary value of accrued
recreation/extended leave. If applicable, the debit of hours may be transferred
to the next NSW public sector organisation under the Public Sector Staff
Mobility policy.
21.14 Cessation of duty
- A staff member may receive payment for a flex day accrued and remaining
untaken on the last day of service:
21.14.1 Where
the staff member's services terminate without a period of notice for reasons
other than misconduct; or
21.14.2 Where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused or could not be granted or
21.14.3 In such
other circumstances as have been negotiated between the Department Head and the
Association under a local arrangement in terms of clause 10, Local Arrangements
of this award.
21.14.4 Prior to
a staff member’s last day of service the staff member and supervisor shall
ensure that a staff member does not forfeit any credit hours accumulated.
Strategies to reduce accumulated credit hours may include those outlined in
paragraph 21.16.2 of this clause.
21.15 Where a staff
member ceases duty in the Department in order to take up employment in another
public service or public sector organisation, the same provisions as apply to
recreation leave under the Public Sector Staff Mobility policy shall apply to
the accrued but untaken or not forfeited flex leave.
21.16 Flex leave -
Subject to operational requirements:
21.16.1 A staff
member may take off one full day or two half days in a settlement period of 4
weeks.
21.16.2 Where it
appears a staff member may exceed a 10 hour credit, as per subclause 21.12 of
this clause strategies to reduce this credit may include the granting of
additional full days, consecutive days, half days, or any combination of days
and half days.
21.16.3 Flex
leave may be taken on consecutive working days.
21.16.4 Absences
on flex leave may be combined with other periods of authorised leave.
21.16.5 Local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 10, Local Arrangements of this award.
21.17 Absence during
coretime - Where a staff member needs to take a short period of authorised
leave within coretime, other than flex leave, the quantum of leave to be
granted shall be determined according to the provisions contained in clause 68,
Absence from Work of this award.
21.18 Standard hours -
Notwithstanding the provisions of this clause, the Department Head may direct
the staff member to work standard hours and not flexible hours:
21.18.1 where
the Department Head decides that the working of flexible hours by a staff
member or members does not suit the operational requirements of the Department
or section of the Department, the Association shall be consulted, where
appropriate; or
21.18.2 as
remedial action in respect of a staff member who has been found to have
deliberately and persistently breached the flexible working hours scheme.
21.19 Easter concession
- Staff members who work under a flexible working hours scheme may be granted,
subject to the convenience of the Department, an additional half day's flex
leave on the Thursday preceding the Good Friday public holiday or, if directed
to work, an additional half day’s flex leave on another day within that
settlement period.
22. Rostered Days Off
for 38 Hour Week Workers
22.1 The provisions of
this clause apply only to those staff members who work a 38 hour week and are entitled
to a rostered day off in a regular cycle.
22.2 Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
22.2.1 Except
as provided in paragraph 22.2.2 of this subclause, all paid ordinary working
time and paid leave count towards accrual of time for the rostered day off.
22.2.2 Limit -
When a long period of approved leave is taken, accrual towards a rostered day
off applies only in respect of the 4 weeks’ period during which the staff
member resumes duty.
22.2.3 Exception
- Notwithstanding the provisions of paragraph 22.2.22 of this subclause, where
more generous provisions apply to the accrual of rostered days off, such
provisions shall continue to apply until renegotiated.
22.3 In the event of
unforeseen circumstances or the Department's operational requirements, the
rostered day off may be deferred and taken at a later more suitable time.
22.4 Where seasonal or
school vacation considerations affect Departmental operations, rostered days
off may be accrued and taken during a less active period.
22.5 A rostered day
off is not to be re-credited if the staff member is ill or incapacitated on a
rostered day off.
22.6 Payment of higher
duties is not to be made to another staff member for undertaking some or all of
the duties of the staff member who is absent on a rostered day off.
23. Non-Compliance
In the event of any persistent failure by a staff
member to comply with the hours of duty required to be worked, the Department
Head shall investigate such non compliance as soon as it comes to notice and
shall take appropriate remedial action according to the Commentary and
Guidelines on Conduct and Performance Provisions - Part 7 of the Act.
24. Flexible Work
Practices
24.1 Nothing in this
award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under the Flexible Work
Practices, Policy and Guidelines.
24.2 Flexible working
hours agreements negotiated in terms of the NSW Government Flexible Work
Practices, Policy and Guidelines after 28 October 1997 shall be subject to the
conditions specified in this award and in consultation with the Association.
25. Existing Hours of
Work Determinations
Any existing Determinations, pursuant to section 130
(1) of the Public Sector Employment and Management Act 2002 on local
arrangements in respect of the hours of work which operated in a Department or
part of a Department as at the effective date of this award, shall continue to
apply until renegotiated.
SECTION 3 - TRAVEL
ARRANGEMENTS
26. Travelling
Compensation
26.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the Department.
26.2 The Department
Head shall require staff members to obtain an authorisation for all official
travel prior to incurring any travel expense.
26.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three diamond standard
of accommodation.
26.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
26.5 The Department
will elect whether to pay the accommodation directly or whether a staff member
should pay the accommodation and be compensated in accordance with this
clause. Where practicable, staff
members shall obtain prior approval when making their own arrangements for
overnight accommodation.
26.6 Subject to
subclause 26.14 of this clause, a staff member who is required by the
Department Head to work from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the staff member's residence in order
to perform the work.
26.7 If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
26.8 For the first 35
days, the payment shall be:
26.8.1 where the Department
elects to pay the accommodation provider the staff member shall receive:
(a) the appropriate
meal allowance in accordance with Item 1 of Table 1 - Allowances of Part B
Monetary Rates and
(b) incidentals as
set out in Item 3 of Table 1 - Allowances of Part B Monetary Rates, and
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
26.8.2 where the
Department elects not to pay the accommodation provider the staff member shall
elect to receive either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 1 - Allowances of Part B
Monetary Rates, and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; OR
(b) in lieu of
subparagraph (a) of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 2 of Table 1 - Allowances of Part B Monetary Rates.
26.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Department Head that, despite the period
of absence being of less than 24 hours duration, expenditure for accommodation
and three meals has been incurred.
26.10 Where a staff
member is unable to so satisfy the Department Head, the allowance payable for
part days of travel shall be limited to the expenses incurred during such part
day travel.
26.11 After the first
35 days - If a staff member is required by the Department Head to work in the
same temporary work location for more than 35 days, such staff member shall be
paid the appropriate rate of allowance as specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates.
26.12 Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause 26.11 of this clause, Departments could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
26.13 The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
26.14 This clause does
not apply to staff members who are on an employee-initiated secondment in
accordance with section 86 of the Act and described in the Commentary and
Guidelines on Staff Mobility (temporary staff transfers - section 86 and temporary assignment - section 88) and
Cross-Agency Employment (section 100) Public Sector Employment and Management
Act 2002.
27. Excess Travelling
Time
27.1 Excess Travelling
Time - A staff member directed by the Department Head to travel on official
business outside the usual hours of duty to perform duty at a location other
than normal headquarters will, at the Department Head’s discretion, be
compensated for such time either by:
27.1.1 Payment calculated
in accordance with the provisions contained in this clause; or
27.1.2 If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
27.2 Compensation
under paragraphs 27.1.1 and 27.1.2 of this clause shall be subject to the
following conditions:
27.2.1 On a non-working
day - subject to the provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and 27.3.7
of this clause, all time spent travelling on official business;
27.2.2 On a working day -
subject to the provisions of subclause 27.3 of this clause, all time spent
travelling on official business outside the usual hours of duty,
provided the period for which compensation is being
sought is more than a half an hour on any one day.
27.3 Compensation for
excess travelling time shall exclude the following:
27.3.1 Time normally
taken for the periodic journey from home to headquarters and return;
27.3.2 Any periods of
excess travel of less than 30 minutes on any one day;
27.3.3 Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
27.3.4 Time from 11.00
p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have
been provided.
27.3.5 Travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
27.3.6 Working on board
ship where meals and accommodation are provided;
27.3.7 Any travel
undertaken by a staff member whose salary includes an all incidents of
employment component;
27.3.8 Time within the
flex time bandwidth;
27.3.9 Travel overseas.
27.4 Payment - Payment
for travelling time calculated in terms of this clause shall be at the staff
member’s ordinary rate of pay on an hourly basis calculated as follows:
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
Normal hours of
work
|
27.5 The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
27.6 Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
27.7 Time off in lieu
or payment for excess travelling time or waiting time will not granted or made
for more than eight hours in any period of 24 consecutive hours.
28. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to clause 27, Excess Travelling
Time of this Award
29. Meal Expenses on
One-Day Journeys
29.1 A staff member
who is authorised by the Department Head to undertake a one-day journey on
official business which does not require the staff member to obtain overnight
accommodation, shall be paid the appropriate rate of allowance set out in Item
1 - Allowances of Table 1 of Part B Monetary Rates for:-
29.1.1 Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
29.1.2 An evening meal
when required to travel until or beyond 6.30 p.m.; and
29.1.3 Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
30. Restrictions on
Payment of Travelling Allowances
30.1 An allowance
under clause 26, Travelling Compensation of this award is not payable in
respect of:
30.1.1 Any period during
which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
30.1.2 Any period of
leave, except with the approval of the Department Head or as otherwise provided
by this clause; or
30.1.3 Any other period
during which the staff member is absent from the staff member's temporary work
location otherwise than on official duty.
30.2 A staff member
who is in receipt of an allowance under clause 26, Travelling Compensation
shall be entitled to the allowance in the following circumstances:
30.2.1 When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member's residence; and for the return journey from the staff member's residence
to the temporary work location, or
30.2.2 When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the staff member's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
31. Increase Or
Reduction in Payment of Travelling Allowances
31.1 Where the
Department Head is satisfied that a travelling allowance is:
31.1.1 Insufficient to
adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
31.1.2 In excess of the
amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred, the allowance may be reduced to an amount which would
reimburse the staff member for expenses incurred properly and reasonably.
32. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Department Head is prepared to accept other
evidence from the staff member.
33. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Department Head having regard to the safety of the staff
member or members travelling on official business and local conditions
applicable in the area. Where staff members are required to attend conferences
or seminars which involve evening sessions or staff members are required to
make an early start at work in a location away from their normal workplace,
overnight accommodation shall be appropriately granted by the Department Head.
SECTION 4 -
ALLOWANCES AND OTHER MATTERS
34. Camping
Allowances
34.1 Except as
provided in an Award, Agreement or Determination, payment of the camping
allowance applies to a staff member who is:-
34.1.1 In receipt of a
camping equipment allowance under clause 38, Camping Equipment Allowance of
this award; or
34.1.2 Provided with
camping equipment by the Department; or
34.1.3 Reimbursed by the
Department for the cost of hiring camping equipment.
34.2 When required to
camp in connection with the performance of official duties, a staff member
shall be paid an allowance for the expenses incurred in camping as follows:
34.2.1 The daily rate
specified in Item 4 of Table 1 of Part B Monetary Rates for all expenses; and
34.2.2 Where required to
camp for more than 40 nights in any calendar year - that daily rate plus the
additional rate for that year as specified in Item 4 of Table 1 - Allowances of
Part B, Monetary Rates.
34.3 Where the
Department Head is satisfied that it was not reasonable in the circumstances
for the staff member to camp, a staff member who is entitled to a camping
allowance shall be paid a travelling allowance under clause 26, Travelling
Compensation of this award, instead of the camping allowance.
34.4 A staff member
who is paid a remote areas allowance under clause 39, Allowance for Living in a
Remote Area of this award is entitled to continue to receive that allowance
while receiving a camping allowance.
35. Composite
Allowance
35.1 A staff member
employed in one of the classifications of Rangelands Management Officers, Field
Supervisors or Field Service Managers, and who:
35.1.1 is required to
perform official duty in the field; and
35.1.2 on some occasions,
is required to camp and on other occasions resides in accommodation for which
an allowance is payable under clause 26, Travelling Compensation of this award
may elect to be paid an all inclusive allowance for
accommodation, meals and incidental expenses incurred as a result of being
required to work in the field.
35.2 The rate of the
allowance under this clause shall be the daily rate for all expenses as shown in
Item 5 of Table 1 - Allowances of Part B Monetary Rates.
35.3 In order to be
paid the composite allowance under this clause, the staff member shall submit
to the Department Head an election each 12 months. If the election is not made
by the staff member or not approved by the Department Head, travelling or
camping allowances under clauses 26 or 34 of this award, whichever is
appropriate, shall apply.
35.4 An election under
subclause 35.3 of this clause is revocable 12 months after it is made, unless
the staff member changes classification.
35.5 A staff member
who elects to receive the composite allowance is entitled to payment of the
allowance, regardless of whether they are required to camp, or are residing
temporarily in hotels, motels or other fixed establishments in order to perform
official duties in the field (except as provided in subclause 35.6).
35.6 On occasions when
a staff member receiving a composite allowance is provided with accommodation
by the Government, the allowance ceases. The incidental expenses allowances and
reimbursement for any meal expenses properly and reasonably incurred and not
provided by the Government are to be paid in accordance with clause 26,
Travelling Compensation of this award.
35.7 The amount of
composite allowance payable per hour for a portion of a day is in all cases
1/24th of the appropriate daily rate. When the time taken is a fraction of an
hour, periods of less than a half hour are disregarded while periods between a
half hour and 1 hour are counted as 1 hour (that is, the time is rounded to the
nearest hour).
35.8 A staff member
who receives a composite allowance is entitled to the camping equipment
allowance if the Department head certifies that it is necessary for the staff
member to provide camping equipment at personal expense
36. Allowance Payable
for Use of Private Motor Vehicle
36.1 The Department
Head may authorise a staff member to use a private motor vehicle for work
where:
36.1.1 Such use will
result in greater efficiency or involve the Department in less expense than if
travel were undertaken by other means; or
36.1.2 Where the staff
member is unable to use other means of transport due to a disability.
36.2 A staff member
who, with the approval of the Department Head, uses a private motor vehicle for
work shall be paid an appropriate rate of allowance specified in Item 6 of
Table 1 of Part B Monetary Rates for the use of such private motor
vehicle. A deduction from the allowance
payable is to be made for travel as described in subclause 36.4 of this clause.
36.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
36.3.1 The casual rate is
payable if a staff member elects, with the approval of the Department Head, to
use their vehicle for occasional travel for work. This is subject to the allowance paid for the travel not
exceeding the cost of travel by public or other available transport.
36.3.2 The official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a component to compensate a
staff member for owning and maintaining the vehicle.
36.4 Deduction from
allowance
36.4.1 Except as
otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters and for any distance travelled in a private
capacity. A deduction will be made from any motor vehicle allowance paid, in
respect of such travel.
36.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
staff member is attached or from which the employee is required to operate on a
long term basis or the designated headquarters per paragraph 36.4.3 of this
subclause.
36.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member is required to use
the private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) A staff member's
residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
36.4.4 On days when a
staff member uses a private vehicle for official business and travels to and
from home, whether or not the staff member during that day visits headquarters,
a deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the staff member's residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
36.4.5 Where a
headquarters has been designated per paragraph 36.4.3 of this subclause and the
staff member is required to attend the administrative headquarters, the
distance for calculating the daily deduction is to be the actual distance to
and from the administrative headquarters, or, to and from the designated
headquarters, whichever is the lesser.
36.4.6 Deductions are not
to be applied in respect of days characterised as follows.
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the monthly
claim voucher shows official use of the vehicle has occurred on one day only in
any week. Exemption from the deduction under this subparagraph is exclusive of,
and not in addition to, days referred to in subparagraphs (a), (b) and (c) of
this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Department is satisfied that:
(i) at the time of
purchasing the periodical ticket the employee did not envisage the use of their
private motor vehicle on approved official business;
(ii) the periodical
ticket was in fact purchased; and
(iii) in regard to
train travellers, no allowance is to be paid in respect of distance between the
staff member’s home and the railway station or other intermediate transport
stopping place.
36.5 The staff member
must have in force, in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles
(Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance
policy to an amount and in a form approved by the Department head.
36.6 Expenses Such as
Tolls Etc. Shall be Refunded to Staff Members Where the Charge Was Incurred During
Approved Work Related Travel.
36.7 Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 6 of Table 1 - Allowances of Part
B Monetary Rates.
37. Damage to Private
Motor Vehicle Used for Work
37.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the Department,
provided:
37.1.1 The damage is not
due to gross negligence by the staff member; and
37.1.2 The charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
37.2 Provided the
damage is not the fault of the staff member, the Department shall reimburse to
a staff member the costs of repairs to a broken windscreen, if the staff member
can demonstrate that:
37.2.1 The damage was
sustained on approved work activities; and
37.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
38. Camping Equipment
Allowance
38.1 In this clause,
"camping equipment" includes instrument and travelling equipment.
38.2 A staff member
who provides camping equipment required for the performance of official duties
shall be paid a camping equipment allowance at the rate specified in Item 7 of
Table 1 - Allowances of Part B Monetary Rates for the expense of providing the
equipment.
38.3 A staff member
who provides own bedding and sleeping bag while camping on official business,
shall be paid an additional allowance at the rate specified in Item 7 of Table
1 - Allowances of Part B Monetary Rates.
39. Allowance for
Living in a Remote Area
39.1 A staff member
shall be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
39.1.1 Indefinitely
stationed and living in a remote area as defined in subclause 39.2 of this
clause; or
39.1.2 Not indefinitely
stationed in a remote area but because of the difficulty in obtaining suitable
accommodation compelled to live in a remote area as defined in subclause 39.2
of this clause.
39.2 Grade of
appropriate allowance payable under this clause shall be determined as follows:
39.2.1 Grade A allowances
- the appropriate rate shown as Grade A in Item 8 of Table 1 - Allowances of
Part B Monetary Rates in respect of all locations in an area of the State
situated on or to the west of a line starting from the right bank of the Murray
River opposite Swan Hill and then passing through the following towns or
localities in the following order, namely: Conargo, Coleambally, Hay, Rankins
Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a
place situated in any such town or locality, except as specified in paragraphs
39.2.2 and 39.2.3 of this subclause;
39.2.2 Grade B allowances
- the appropriate rate shown as Grade B in Item 8 of Table 1 - Allowances of
Part B Monetary Rates; in respect of the towns and localities of Angledool,
Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo,
Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring,
Weilmoringle, White Cliffs, Wilcannia and Willandra;
39.2.3 Grade C allowances
- the appropriate rate shown as Grade C in Item 8 of Table 1 - Allowances of
Part B Monetary Rates in respect of the localities of Fort Grey, Mutawintji,
Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
39.3 The dependant
rate for each grade is payable where
39.3.1 the staff member
has a dependant as defined; and
39.3.2 the staff member’s
dependant(s) resides within the area that attracts the remote area allowance;
and
39.3.3 the staff member’s
spouse, if also employed in the service of the Crown, is not in receipt of an
allowance under this clause, unless each spouse resides at a separate location
within the remote area.
39.4 For the purposes
of this clause dependant is defined as
39.4.1 the spouse of the
staff member (including a de facto spouse);
39.4.2 each child of the
staff member aged eighteen years or under;
39.4.3 each son and
daughter of the staff member aged more than eighteen years but less than
twenty-six years who remains a student in full time education or training at a
recognised educational institution, or who is an apprentice; and
39.4.4 any other person
who is part of the staff member’s household and who is, in the opinion of the
Secretary, substantially financially dependent on the staff member.
39.5 Departmental
temporary employees, such as relief staff, who are employed for short periods
are not eligible to receive a remote areas allowance.
39.6 A staff member
who is a volunteer part-time member of the Defence Force and receives the
remote area allowance at the non-dependant rate is not paid the allowance while
on military leave
39.7 A staff member
who is a volunteer part-time member of the Defence Forces and receives the
remote area allowance at the dependant rate may continue to receive the
allowance at the normal rate for the duration of the military leave provided
that:
39.7.1 the staff member
continues in employment; and
39.7.2 the dependants
continue to reside in the area specified; and
39.7.3 military pay does
not exceed Departmental salary plus the remote areas allowance.
If the military salary exceeds Departmental salary plus
the allowance at the dependant rate, the allowance is to be reduced to the
non-dependant rate.
40. Assistance to
Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
40.1 A staff member
who:
40.1.1 Is indefinitely
stationed in a remote area of the State of New South Wales situated to the west
of the 144th meridian of longitude or such other area to the west of the 145th
meridian of longitude as determined by the Secretary; and
40.1.2 Proceeds on
recreation leave to any place which is at least 480 kilometres by the nearest
practicable route from the staff member's work location in that area,
shall be paid an allowance once in any period of 12
months at the appropriate rate shown in Item 9 of Table 1 - Allowance of Part B
Monetary Rates for the additional costs of travel.
40.2 Dependant in this
clause has the same meaning as subclause 39.4 of clause 39, Allowance for
Living in a Remote Area of this award.
40.3 Allowances under
this clause do not apply to staff members who have less than three years
service and who, at the date of engagement, were resident in the defined area.
41. Overseas Travel
Unless the Department Head determines that a staff
member shall be paid travelling rates especially determined for the occasion, a
staff member required by the Department to travel overseas on official business
shall be paid the appropriate overseas travelling allowance rates as specified
in the relevant Department of Premier and Cabinet Circular as issued from time
to time.
42. Exchanges
42.1 The Department
Head may arrange two way or one way exchanges with other organisations both
public and private, if the Department or the staff member will benefit from
additional training and development which is intended to be used in the
carrying out of the Department's business.
42.2 The conditions
applicable to those staff members who participate in exchanges will be
determined by the Department Head according to the individual circumstances in
each case (Item 11 of Table 1 - Allowances of Part B Monetary Rates).
42.3 The provisions of
this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause
56, Conditions Applying to On Loan Arrangements of this award apply to staff
members who are loaned to the Association.
43. Room at Home Used
as Office
43.1 Where no
Departmental office is provided in a particular location - Where it is impractical
to provide an office in a particular location, staff members stationed in such
a location may be required to use a spare room at their home as an office. In
such cases, the Department will be responsible for providing furniture,
telephone and other equipment, as required. In addition, an allowance as
specified in Item 12 of Table 1 - Allowances of Part B Monetary Rates is
payable for the use of a room at home as an office.
43.2 Where an office
exists in a particular location - Where a Departmental office or offices
already exist in a particular location but the staff member and the manager
agree that the staff member could work from home on a short term or longer term
basis, the arrangement shall be negotiated in accordance with the provisions of
the Flexible Work Practices, Policy and Guidelines. The allowance set out in
subclause 43.1 of this clause shall not apply in these circumstances.
43.3 Requirements -
Arrangements under subclauses 43.1 or 43.2 of this clause shall be subject to:
43.3.1 A formal agreement
being reached in respect of the hours to be worked; and
43.3.2 The occupational
health and safety, provision of equipment requirements and any other relevant
conditions specified in Part 2, Section 7 Working from Home in the Flexible
Work Practices, Policy and Guidelines.
44. Semi-Official
Telephones
44.1 Reimbursement of
expenses associated with a private telephone service installed at the residence
of a staff member shall be made as specified in this clause if the staff member
is required to be contacted or is required to contact others in connection with
the duties of his/her position in the Department, as and when required.
44.2 The service must
be located in the staff member's principal place of residence and its telephone
number communicated to all persons entitled to have out of hours contact with
the staff member.
44.3 The semi-official
telephone allowance applies to staff members who are required, as part of their
duties to:
44.3.1 Give decisions,
supply information or provide emergency services; and/or
44.3.2 Be available for
reasons of safety or security for contact by the public outside of normal
office hours.
44.4 Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
44.4.1 The connection fee
for a telephone service, if the service is not already available at the staff
member's principal place of residence;
44.4.2 The full annual
base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
44.4.3 The full cost of
official local, STD and ISD calls.
44.5 To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
44.5.1 Date, time, length
of call and estimated cost;
44.5.2 Name and phone
number of the person to whom call was made; and
44.5.3 Reason for the
call.
45. Flying Allowance
Staff members, other than those employed to fly
aircraft, shall be paid an allowance as specified in Item 14 of Table 1 -
Allowances of Part B Monetary Rates when required to work from an in flight
situation. The flying allowance payable under this clause shall be paid in
addition to any other entitlement for the time actually spent working in the
aircraft.
46. Uniforms,
Protective Clothing and Laundry Allowance
46.1 Uniform, etc.
provided by the Department - A staff member who is required or authorised by
the appropriate Department Head to wear a uniform, protective clothing or other
specialised clothing in connection with the performance of official duties
shall be provided by the Department with such clothing and shall be paid an
allowance at the rate specified in Item 15 of Table 1 - Allowances of Part B
Monetary Rates for laundering the uniform or protective clothing, unless the
staff member is entitled to receive a laundry allowance under another
industrial instrument.
46.2 Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing shall be met by the
Department.
46.3 Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
47. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
47.1 Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act 1987
and/or under any insurance policy of the Department covering the damage to or
loss of the personal property of the staff member.
47.2 If a claim under
subclause 47.1 of this clause is rejected by the insurer, the Department Head
may compensate a staff member for the damage to or loss of personal property,
if such damage or loss:
47.2.1 Is due to the negligence
of the Department, another staff member, or both, in the performance of their
duties; or
47.2.2 Is caused by a
defect in a staff member's material or equipment; or
47.2.3 Results from a
staff member’s protection of or attempt to protect Departmental property from
loss or damage.
47.3 Compensation in
terms of subclause 47.2 of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Department Head may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
47.4 For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the staff member’s duties.
47.5 Compensation for
the damage sustained shall be made by the Department where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
48. Garage and
Carport Allowance
48.1 Where a staff
member garages a Departmental vehicle in their own garage or carport and the
use of the garage or carport is considered essential by the Department Head,
such staff member shall be paid an appropriate rate of allowance as specified
in Item 16 of Table 1 - Allowances of Part B, Monetary Rates.
48.2 Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
49. Forage for Horses
49.1 Where in
connection with the performance of official duties a staff member is required
to hand-feed a horse, out-of-pocket expenses for forage shall be reimbursed by
the Department.
49.2 The out of pocket
expenses shall continue to be paid in full to the staff member during periods
of leave.
50. Community
Language Allowance Scheme (CLAS)
50.1 Staff members who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such staff members are not:
50.1.1 Employed as
interpreters and translators; and
50.1.2 Employed in those
positions where particular language skills are an integral part of essential
requirements of the position,
shall be paid an allowance as specified in Item 17 of
Table 1 - Allowances of Part B Monetary Rates, subject to subclauses 50.2 and
50.3 of this clause.
50.2 The base level of
the CLAS is paid to staff members who:
50.2.1 are required to
meet occasional demands for language assistance (there is no regular pattern of
demand for their skill); and
50.2.2 have passed an
examination administered by the Community Relations Commission, or who have a
National Accreditation Authority for Translators and Interpreters (NAATI)
language Recognition award.
50.3 The higher level
of CLAS is paid to staff members who meet the requirements for the base level
of payment and:
50.3.1 are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the staff member’s language skills, as determined by the Department
Head; or
50.3.2 have achieved
qualifications of NAATI interpreter level or above. This recognises that staff
with higher levels of language skill will communicate with an enhanced degree
of efficiency and effectiveness.
51. First Aid
Allowance
51.1 A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 18 of Table 1 - Allowances of Part B Monetary Rates.
51.2 The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
51.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to a staff
member appointed as a First Aid Officer who:
51.3.1 is appointed to be
in charge of a First-Aid room in a workplace of 200 or more staff members (100
for construction sites); and
51.3.2 holds an
Occupational First-Aid Certificate issued within the previous three years.
51.4 The First Aid
Allowance shall not be paid during leave of one week or more.
51.5 When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
51.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training staff members who do not
already possess qualifications and who need to be trained to meet Departmental
needs, and the cost of retraining First Aid Officers, are to be met by the
Department.
52. Review of
Allowances Payable in Terms of This Award
52.1 Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
52.1.1 Allowances listed
in this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause 26,
Travelling Compensation;
(b) Clause 29, Meal
Expenses on One Day Journeys;
(c) Clause 94,
Overtime Meal Allowances, for breakfast, lunch and dinner.
52.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time by the Australian Taxation Office (ATO):
(a) Clause 36,
Allowances Payable for the Use of Private Motor Vehicle.
52.1.3 Allowances payable
in terms of clauses listed in this paragraph shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) Clause 34,
Camping Allowances;
(b) Clause 35,
Composite Allowance;
(c) Clause 38,
Camping Equipment Allowance;
(d) Clause 39,
Allowance for Living in a Remote Area;
(e) Clause 40,
Assistance to Staff Members Stationed in a Remote Area When Travelling on
Recreation Leave;
(f) Clause 43, Room
at Home Used as Office;
(g) Clause 46,
Uniforms, Protective Clothing and Laundry Allowance;
(h) Clause 48,
Garage and Carport Allowance; and
(i) Clause 94,
Overtime Meal Allowances, for supper.
52.1.4 Allowances payable
in terms of clauses listed in this paragraph shall continue to be subject to a
percentage increase under an Award, Agreement or Determination and shall be
adjusted on and from the date or pay period the percentage increase takes
effect:
(a) Clause 45,
Flying Allowance;
(b) Clause 50,
Community Language Allowance Scheme (CLAS);
(c) Clause 51, First
Aid Allowance;
(d) Clause 92,
On-Call (Stand-by) and On-Call Allowance.
SECTION 5 - UNION
CONSULTATION, ACCESS AND ACTIVITIES
53. Trade Union
Activities Regarded as on Duty
53.1 An Association
delegate will be released from the performance of normal Departmental duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
53.1.1 Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act 2000
and the Occupational Health and Safety Regulation 2001.
53.1.2 Attendance at
meetings with workplace management or workplace management representatives;
53.1.3 A reasonable
period of preparation time, before-
(a) meetings with
management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
53.1.4 Giving evidence in
court on behalf of the employer;
53.1.5 Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
53.1.6 Representing the
Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
53.1.7 Presenting information
on the Association and Association activities at induction sessions for new
staff of the Department; and
53.1.8 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
54. Trade Union
Activities Regarded as Special Leave
54.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
54.1.1 Annual or biennial
conferences of the Association;
54.1.2 Meetings of the
Association’s Executive, Committee of Management or Councils;
54.1.3 Annual conference
of the Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
54.1.4 Attendance at
meetings called by the Unions NSW involving the Association which requires
attendance of a delegate;
54.1.5 Attendance at
meetings called by the Secretary, as the employer for industrial purposes, as
and when required;
54.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Association;
54.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 53, 54 and 55 apply.
55. Trade Union
Training Courses
55.1 The following
training courses will attract the grant of special leave as specified below:-
55.1.1 Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited
OH&S training courses and the conditions on which special leave for such
courses will be granted, shall be negotiated between the Department Head and
the Association under a local arrangement pursuant to clause 10, Local
Arrangements of this award.
55.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Association or
a training provider nominated by the Association. A maximum of 12 working days
in any period of 2 years applies to this training and is subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) All travelling
and associated expenses being met by the staff member or the Association;
(d) Attendance being
confirmed in writing by the Association or a nominated training provider.
56. Conditions
Applying to on Loan Arrangements
56.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
56.1.1 Meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association:-
(a) As an Executive
Member; or
(b) A member of a
Federal Council; or
(c) Vocational or
industry committee.
56.1.2 Briefing counsel
on behalf of the Association;
56.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
56.1.4 Country tours
undertaken by a member of the executive or Council of the Association;
56.1.5 Taking up of full
time duties with the Association if elected to the office of President, General
Secretary or to another full time position with the Association.
56.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:-
(a) The Department
will continue to pay the delegate or an authorised Association representative
whose services are on loan to the Association;
(b) The Department
will seek reimbursement from the Association at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Department Head and the Association.
56.1.7 Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
56.1.8 Limitation - On
loan arrangements may apply to full-time or part-time staff and are to be kept
to the minimum time required. Where the Association needs to extend an on loan
arrangement, the Association shall approach the Department Head in writing for
an extension of time well in advance of the expiration of the current period of
on loan arrangement.
56.1.9 Where the Department
Head and the Association cannot agree on the on loan arrangement, the matter is
to be referred to the Secretary for
determination after consultation with the Department Head and the Association.
57. Period of Notice
for Trade Union Activities
The Department Head must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
58. Access to
Facilities By Trade Union Delegates
58.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
58.1.1 Telephone,
facsimile and, where available, E-mail facilities;
58.1.2 A notice board for
material authorised by the Association or access to staff notice boards for
material authorised by the Association;
58.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
59. Responsibilities
of the Trade Union Delegate
59.1 Responsibilities
of the Association delegate are to:
59.1.1 Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
59.1.2 Participate in the
workplace consultative processes, as appropriate;
59.1.3 Follow the dispute
settling procedure applicable in the workplace;
59.1.4 Provide sufficient
notice to the immediate supervisor of any proposed absence on authorised
Association business;
59.1.5 Account for all
time spent on authorised Association business;
59.1.6 When special leave
is required, to apply for special leave in advance;
59.1.7 Distribute
Association literature/membership forms, under local arrangements negotiated
between the Department Head and the Association; and
59.1.8 Use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
60. Responsibilities
of the Trade Union
60.1 Responsibilities
of the Association are to:
60.1.1 Provide written
advice to the Department Head about an Association activity to be undertaken by
an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the activity;
60.1.2 Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 61.1.3 of clause 61, Responsibilities
of Workplace Management of this award;
60.1.3 Pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
60.1.4 Provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
60.1.5 Apply to the
Department Head well in advance of any proposed extension to the "on
loan" arrangement;
60.1.6 Assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
60.1.7 Advise employer of
any leave taken by the Association delegate during the on loan arrangement.
61. Responsibilities
of Workplace Management
61.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
61.1.1 Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
61.1.2 Advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
61.1.3 Meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
61.1.4 Where possible, to
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking Association responsibilities to assist with the
business of workplace management;
61.1.5 Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
61.1.6 Where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flexi
leave, to apply the provisions of paragraph 61.1.5 of this clause;
61.1.7 To continue to pay
salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
61.1.8 To verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
61.1.9 If the time and/or
the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
62. Right of Entry
Provisions
The right of entry provisions shall be as prescribed
under the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
63. Travelling and
Other Costs of Trade Union Delegates
63.1 Except as
specified in paragraph 61.1.3 of clause 61, Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
63.2 In respect of
meetings called by the workplace management in terms of paragraph 61.1.3 of
clause 61, Responsibilities of Workplace Management of this award, the payment
of travel and/or accommodation costs, properly and reasonably incurred, is to
be made, as appropriate, on the same conditions as apply under clauses 26, Travelling
Compensation, 29, Meal Expenses on One-Day Journeys, or 30, Restrictions on
Payment of Travelling Allowances of this award.
63.3 No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the Department or the Secretary, in respect of
Association activities covered by special leave or on duty activities provided
for in this clause.
63.4 The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the Department by the Association or
the staff member.
64. Industrial Action
64.1 Provisions of the
Industrial Relations Act 1996 shall apply to the right of Association
members to take lawful industrial action (Note the obligations of the parties
under clause 9, Grievance and Dispute Settling Procedures).
64.2 There will be no
victimisation of staff members prior to, during or following such industrial
action.
65. Consultation and
Technological Change
65.1 There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and Association.
65.2 The Departmental
management shall consult with the Association prior to the introduction of any
technological change.
66. Deduction of
Trade Union Membership Fees
At the staff member’s election, the Department Head
shall provide for the staff member’s Association membership fees to be deducted
from the staff member’s pay and ensure that such fees are transmitted to the
staff member’s Association at regular intervals. Alternative arrangements for
the deduction of Association membership fees may be negotiated between the
Department Head and the Association in accordance with clause 10, Local
Arrangements of this award.
SECTION 6 - LEAVE
67. Leave - General
Provisions
67.1 The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Department Head and the Association in terms
of clause 10, Local Arrangements of this award.
67.2 Unless otherwise
specified, part-time staff members will receive the paid leave provisions of
this award on a pro rata basis, calculated according to the number of hours
worked per week.
67.3 Unless otherwise
specified in this award a temporary employee employed under Section 27 of the Public
Sector Employment and Management Act 2002 is eligible to take a period of
approved leave during the current period of employment and may continue such
leave during a subsequent period or periods of employment in the Public
Service, if such period or periods of employment commence immediately on
termination of a previous period or periods of employment.
67.4 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
68. Absence from Work
68.1 A staff member
must not be absent from work unless reasonable cause is shown.
68.2 If a staff member
is to be absent from duty because of illness or other emergency, the staff
member shall notify or arrange for another person to notify the supervisor as
soon as possible of the staff member's absence and the reason for the absence.
68.3 If a satisfactory
explanation for the absence, is not provided, the staff member will be regarded
as absent from duty without authorised leave and the Department Head shall
deduct from the pay of the staff member the amount equivalent to the period of
the absence.
68.4 The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
68.5 Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
69. Applying for
Leave
69.1 An application by
a staff member for leave under this award shall be made to and dealt with by
the Department Head.
69.2 The Department
Head shall deal with the application for leave according to the wishes of the
staff member, if the operational requirements of the Department permit this to
be done.
70. Extended Leave
Extended leave shall accrue and shall be granted to
staff members in accordance with the provisions of Schedule 3 of the Public
Sector Employment and Management Act 2002.
71. Family and
Community Service Leave
71.1 The Department
Head shall grant to a staff member some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in
subclause 71.2 of this clause. The Department
Head may also grant leave for the purposes in subclause 71.3 of this
clause. Non-emergency appointments or
duties shall be scheduled or performed outside of normal working hours or
through approved use of flexible working arrangements or other appropriate
leave.
71.2 Such unplanned and
emergency situations may include, but not be limited to, the following:-
71.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
71.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
71.2.3 Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property and/or prevents a staff
member from reporting for duty;
71.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
71.2.5 Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case.
71.3 Family and
community service leave may also be granted for:
71.3.1 An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
71.3.2 Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
71.4 The definition of
"family" or "relative" in this clause is the same as that
provided in paragraph 81.4.2 of clause 81, Sick Leave to Care for a Family
Member of this award.
71.5 Family and
community service leave shall accrue as follows:
71.5.1 two and a half
days in the staff member’s first year of service;
71.5.2 two and a half
days in the staff member’s second year of service; and
71.5.3 one day per year
thereafter.
71.6 If available
family and community service leave is exhausted as a result of natural
disasters, the Department Head shall consider applications for additional
family and community service leave, if some other emergency arises.
71.7 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
71.8 In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 81, Sick Leave to Care
for a Sick Family Member of this award shall be granted when paid family and
community service leave has been exhausted or is unavailable.
71.9 A Department Head
may also grant staff members other forms of leave such as accrued recreation
leave, time off in lieu, flex leave and so on for family and community service
leave purposes.
72. Leave Without Pay
72.1 The Department
Head may grant leave without pay to a staff member if good and sufficient
reason is shown.
72.2 Leave Without Pay
May be Granted on a Full-Time Or a Part-Time Basis.
72.3 Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
72.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
72.5 A staff member
who has been granted leave without pay shall not engage in employment of any kind
during the period of leave without pay, unless prior approval has been obtained
from the Department Head.
72.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
72.7 No paid leave
shall be granted during a period of leave without pay.
72.8 A permanent
appointment may be made to the staff member’s position if:
72.8.1 the leave without
pay has continued or is likely to continue beyond the original period of
approval and is for a total period of more than 12 months; and
72.8.2 the staff member
is advised of the Department’s proposal to permanently backfill their position;
and
72.8.3 the staff member
is given a reasonable opportunity to end the leave without pay and return to
their position; and
72.8.4 the Department
advised the staff member at the time of the subsequent approval that the position
will be filled on a permanent basis during the period of leave without pay.
72.9 The position
cannot be filled permanently unless the above criteria are satisfied.
72.10 The staff member
does not cease to be employed by the Department if their position is
permanently backfilled.
72.11 Subclause 72.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 75.9.1(a) of clause 75, Parental Leave or to
military leave.
73. Military Leave
73.1 During the period
of 12 months commencing on 1 July each year, the Department Head may grant to a
staff member who is a volunteer part-time member of the Defence Forces,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction or compulsory parades
conducted by the staff member’s unit.
73.2 In accordance
with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to
prevent a staff member from rendering or volunteering to render, ordinary
Defence Reserve Service.
73.3 Up to 24 working
days military leave per financial year may be granted by the Department Head to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 73.1 of this clause.
73.4 A Department Head
may grant a staff member special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
73.5 A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the entitlement specified in
subclause 73.3 of this clause may be granted Military Leave Top up Pay by the
Department Head.
73.6 Military Leave
Top up Pay is calculated as the difference between a staff member’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
73.7 During a period
of Military Leave Top up Pay, a staff member will continue to accrue sick
leave, recreation and extended leave entitlements, and Departments are to
continue to make superannuation contributions at the normal rate.
73.8 At the expiration
of military leave in accordance with subclause 73.3 or 73.4 of this clause, the
staff member shall furnish to the Department Head a certificate of attendance
and details of the staff members reservist pay signed by the commanding officer
or other responsible officer.
74. Observance of
Essential Religious Or Cultural Obligations
74.1 A staff member
of:
74.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
74.1.2 Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, flex
leave or leave without pay to do so.
74.2 Provided adequate
notice as to the need for leave is given by the staff member to the Department
and it is operationally convenient to release the staff member from duty, the
Department Head must grant the leave applied for by the staff member in terms
of this clause.
74.3 A staff member of
any religious faith who seeks time off during daily working hours to attend to
essential religious obligations of that faith, shall be granted such time off
by the Department Head, subject to:
74.3.1 Adequate notice
being given by the staff member;
74.3.2 Prior approval
being obtained by the staff member; and
74.3.3 The time off being
made up in the manner approved by the Department Head.
74.4 Notwithstanding
the provisions of subclauses 74.1, 74.2 and 74.3 of this clause, arrangements
may be negotiated between the Department and the Association in terms of clause
10, Local Arrangements of this award to provide greater flexibility for staff
members for the observance of essential religious or cultural obligations.
75. Parental Leave
75.1 Parental leave
includes maternity, adoption and "other parent" leave.
75.2 Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
75.2.1 For a period up to
9 weeks prior to the expected date of birth; and
75.2.2 For a further
period of up to 12 months after the actual date of birth.
75.2.3 A staff member who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
75.3 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
75.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
75.3.2 For such period,
not exceeding 12 months on a full-time basis, as the Department Head may
determine, if the child has commenced school at the date of the taking of
custody.
75.3.3 Special Adoption
Leave - A staff member shall be entitled to special adoption leave (without
pay) for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
75.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
75.4.1 Short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
75.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
75.4.1 of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
75.5 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
75.5.1 applied for
parental leave within the time and in the manner determined set out in
subclause 75.10 of this clause; and
75.5.2 prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
75.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a
lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination of
full‑pay and half pay.
75.6 Payment for
parental leave is at the rate applicable when the leave is taken. A staff
member holding a full time position who is on part time leave without pay when they
start parental leave is paid:
75.6.1 at the full time
rate if they began part time leave 40 weeks or less before starting parental
leave;
75.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
75.6.3 at the rate based
on the average number of weekly hours worked during the 40 week period if they
have been on part time leave for more than 40 weeks but have changed their part
time work arrangements during that period.
75.7 A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
75.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
75.7.2 at a rate based on
the hours worked before the initial leave was taken, where the staff member has
returned to work and reduced their hours during the 24 month period; or
75.7.3 at a rate based on
the hours worked prior to the subsequent period of leave where the staff member
has not reduced their hours.
75.8 Except as
provided in subclauses 75.5, 75.6 and 75.7 of this clause parental leave shall
be granted without pay.
75.9 Right to request
75.9.1 A staff member who
has been granted parental leave in accordance with subclause 75.2, 75.3 or 75.4
of this clause may make a request to the Department Head to:
(a) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
75.9.2 The Department
Head shall consider the request having regard to the staff member’s circumstances
and, provided the request is genuinely based on the staff member’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Department Head’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
75.10 Notification
Requirements
75.10.1 When a
Department is made aware that a staff member or their spouse is pregnant or is
adopting a child, the Department must inform the staff member of their
entitlements and their obligations under the award.
75.10.2 A staff
member who wishes to take parental leave must notify the department head in
writing at least 8 weeks (or as soon as practicable) before the expected
commencement of parental leave:
(a) that she/he
intends to take parental leave, and
(b) the expected
date of birth or the expected date of placement, and
(c) if she/he is
likely to make a request under subclause 75.9 of this clause.
75.10.3 At least
4 weeks before a staff member's expected date of commencing parental leave they
must advise:
(a) the date on
which the parental leave is intended to start, and
(b) the period of
leave to be taken.
75.10.4 Staff
member’s request and the Department Head’s decision to be in writing
The staff member’s request under paragraph 75.9.1 and
the Department Head’s decision made under paragraph 75.9.2 must be recorded in
writing.
75.10.5 A staff
member intending to request to return from parental leave on a part time basis
or seek an additional period of leave of up to 12 months must notify the Department Head in writing
as soon as practicable and preferably before beginning parental leave. If the
notification is not given before commencing such leave, it may be given at any
time up to 4 weeks before the proposed return on a part time basis, or later if
the Department Head agrees.
75.10.6 A staff
member on maternity leave is to notify her department of the date on which she
gave birth as soon as she can conveniently do so.
75.10.7 A staff
member must notify the department as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
75.10.8 A staff
member on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the department and any number of times
with the consent of the department. In each case she/he must give the
department at least 14 days notice of the change unless the Department head
decides otherwise.
75.11 A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause 75.9 of this clause, and she/he
resumes duty immediately after the approved leave or work on a part time basis.
75.12 If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
75.13 A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Department Head approves a return to work on
a part time basis then the position occupied is to be at the same
classification and grade as the former position.
75.14 A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the department) must be given.
75.15 A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
75.16 A staff member
may elect to take available recreation leave or extended leave within the
period of parental leave provided this does not extend the total period of such
leave.
75.17 A staff member
may elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
75.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
75.17.2 the
total period of parental leave is not extended by the taking of recreation
leave at half pay;
75.17.3 when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
75.18 If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Department Head, should, in consultation with the staff member, take all
reasonable measures to arrange for safer alternative duties. This may include,
but is not limited to greater flexibility in when and where duties are carried
out, a temporary change in duties, retraining, multi-skilling, teleworking and
job redesign.
75.19 If such
adjustments cannot reasonably be made, the Department Head must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
75.20 Communication
during parental leave
75.20.1 Where a
staff member is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Department shall take
reasonable steps to:
(a) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the staff member held before
commencing parental leave; and
(b) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
75.20.2 The
staff member shall take reasonable steps to inform the Department Head about
any significant matter that will affect the staff member’s decision regarding
the duration of parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part time basis.
75.20.3 The
staff member shall also notify the Department Head of changes of address or
other contact details which might affect the Department’s capacity to comply
with paragraph 75.20.1 of this subclause.
76. Purchased Leave
76.1 A staff member
may apply to enter into an agreement with the Department Head to purchase
either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month
period.
76.1.1 Each application
will be considered subject to operational requirements and personal needs and
will take into account departmental business needs and work demands.
76.1.2 The leave must be
taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
76.1.3 The leave will
count as service for all purposes.
76.2 The purchased
leave will be funded through the reduction in the staff member’s ordinary rate
of pay.
76.2.1 Purchased leave
rate of pay means the rate of pay a staff member receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
76.2.2 To calculate the
purchased leave rate of pay, the staff member’s ordinary salary rate will be reduced by the number of weeks of
purchased leave and then annualised at a pro rata rate over the 12 month period.
76.3 Purchased leave
is subject to the following provisions:
76.3.1 The
purchased leave cannot be accrued and will be refunded where it has not been
taken in the 12 month period.
76.3.2 Other
leave taken during the 12 month purchased leave agreement period i.e. sick
leave, recreation leave, extended leave or leave in lieu will be paid at the
purchased leave rate of pay.
76.3.3 Sick
leave cannot be taken during a period of purchased leave.
76.3.4 The
purchased leave rate of pay will be the salary for all purposes including
superannuation and shift loadings.
76.3.5 Overtime
and salary related allowances not paid during periods of recreation leave will
be calculated using the staff member’s hourly rate based on the ordinary rate
of pay.
76.3.6 Higher
Duties Allowance will not be paid when a period of purchased leave is taken.
76.4 Specific
conditions governing purchased leave may be amended from time to time by
the Secretary in consultation with the
Association. Departments may make
adjustments relating to their salary administration arrangements.
77. Recreation Leave
77.1 Accrual
77.1.1 Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year. Staff members working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year.
77.1.2 Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
employed in terms of the Public Sector Employment and Management Act
2002, who is stationed indefinitely in a remote area of the State, being the
Western and Central Division of the State described as such in the Second
Schedule to the Crown Lands Consolidation Act 1913 before its repeal.
77.1.3 Recreation leave
accrues from day to day.
77.2 Limits on
Accumulation and Direction to Take Leave
77.2.1 At least two (2)
consecutive weeks of recreation leave shall be taken by a staff member every 12
months, except by agreement with the Department Head in special circumstances.
77.2.2 Where the
operational requirements permit, the application for leave shall be dealt with
by the Department Head according to the wishes of the staff member.
77.2.3 The Department
Head shall notify the staff member in writing when accrued recreation leave
reaches 6 weeks or its hourly equivalent and at the same time may direct a
staff member to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to the Department.
77.2.4 The Department
Head shall notify the staff member in writing when accrued recreation leave
reaches 8 weeks or its hourly equivalent and direct the staff member to take at
least 2 weeks recreation leave within 6 weeks of the notification. Such leave
is to be taken at a time convenient to the Department.
77.2.5 A staff member
must take their recreation leave to reduce all balances below 8 weeks or its
hourly equivalent, and the Department must cooperate in this process. The Department may direct a staff member
with more than 8 weeks to take their recreation leave so that it is reduced to
below 8 weeks by school term one 2010.
77.3 Conservation of
Leave - If the Department Head is satisfied that a staff member is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Department Head shall:-
77.3.1 Specify in writing
the period of time during which the excess shall be conserved; and
77.3.2 On the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the staff member at a mutually convenient time to enable the accrued
leave to be reduced to an acceptable level below the 8 week limit.
77.3.3 A Department Head
will inform a staff member in writing on a regular basis of the staff member’s
recreation leave accrual.
77.4 Miscellaneous
77.4.1 Unless a local
arrangement has been negotiated between the Department Head and the
Association, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
77.4.2 Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
77.4.3 Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 77.4.4 of this
subclause.
77.4.4 Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
77.4.5 The proportionate
deduction to be made in respect of the accrual of recreation leave on account
of any period of absence referred to in paragraph 77.4.4 of this subclause
shall be calculated to an exact quarter-day (fractions less than a quarter
being rounded down).
77.4.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
77.4.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave - see clause 75, Parental
Leave of this award.
77.4.8 On cessation of
employment, a staff member is entitled to be paid, the money value of accrued
recreation leave which remains untaken.
77.4.9 A staff member to
whom paragraph 77.4.8 of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
77.5 Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's nominated
beneficiary.
77.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:-
77.6.1 To the widow or
widower of the staff member; or
77.6.2 If there is no
widow or widower, to the children of the staff member or, if there is a
guardian of any children entitled under this subclause, to that guardian for
the children's maintenance, education and advancement; or
77.6.3 If there is no
such widow, widower or children, to the person who, in the opinion of the
Department Head was, at the time of the staff member's death, a dependent
relative of the staff member; or
77.6.4 If there is no
person entitled under paragraphs 77.6.1, 77.6.2 or 77.6.3 of this subclause to
receive the money value of any leave not taken or not completed by a staff
member or which would have accrued to the staff member, the payment shall be
made to the personal representative of the staff member.
77.7 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays Shift workers who are rostered to work their ordinary hours on Sundays
and/or Public Holidays during the period 1 December of one year to 30 November,
of the following year, or part thereof, shall be entitled to receive additional
annual leave or payment as provided for in subclauses 87.7 or 87.8 respectively
of clause 87, Shift Work of this award.
77.8 Recreation leave
does not accrue during leave without pay other than
77.8.1 military leave
taken without pay when paid military leave entitlements are exhausted;
77.8.2 absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
77.8.3 any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
77.8.4 incapacity for
which compensation has been authorised under the Workplace Injury Management
and Workers Compensation Act 1998; or
77.8.5 periods which when
aggregated, do not exceed 5 working days in any period of 12 months.
77.9 A staff member
entitled to additional recreation leave under paragraph 77.1.2 of this clause,
or under paragraphs 87.7.6 or 87.8.5 of clause 87, Shift Work of this award,
can elect at any time to cash out the additional recreation leave.
78. Annual Leave
Loading
78.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses 78.2 to 78.6 of this clause,
the annual leave loading shall be 17½% on the monetary value of up to 4 weeks
recreation leave accrued in a leave year.
78.2 Loading on
additional leave accrued - Where additional leave is accrued by a staff
member:-
78.2.1 As compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading shall be calculated on the actual leave accrued or on five weeks,
whichever is the lower.
78.2.2 If stationed in an
area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
78.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
78.3.1 The shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
78.3.2 17½% annual leave
loading.
78.4 Maximum Loading -
Unless otherwise provided in an Award or Agreement under which the staff member
is paid, the annual leave loading payable shall not exceed the amount which
would have been payable to a staff member in receipt of salary equivalent to
the maximum salary for a Grade 12 Clerk.
78.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
78.6 Payment of annual
leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
78.6.1 Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff member does not have at least
2 weeks recreation leave available, the staff member may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
staff member shall be paid the annual leave loading for such period, provided
the absence is at least 2 weeks.
78.6.2 If at least two
weeks leave, as set out in paragraph 78.6.1 of this subclause, is not taken in
a leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
78.6.3 While annual leave
loading shall not be paid in the first leave year of employment, it shall be
paid on the first occasion in the second leave year of employment when at least
two weeks leave, as specified in paragraph 78.6.1 of this subclause, is taken.
78.6.4 A staff member who
has not been paid the annual leave loading for the previous leave year, shall
be paid such annual leave loading on resignation, retirement or termination by
the employer for any reason other than the staff member's serious and
intentional misconduct.
78.6.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
79. Sick Leave
79.1 Illness in this
clause and in clauses 80 and 81 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
79.2 Payment for sick
leave is subject to the staff member:
79.2.1 Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done
as close to the staff member’s starting time as possible; and
79.2.2 Providing evidence
of illness as soon as practicable if required by clause 80, Sick Leave -
Requirements for Evidence of Illness of this award.
79.3 If the Department
Head is satisfied that a staff member is unable to perform duty because of the
staff member's illness or the illness of his/her family member, the Department
Head:
79.3.1 Shall grant to the
staff member sick leave on full pay; and
79.3.2 May grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this award to sick leave on full pay.
79.4 The Department
Head may direct a staff member to take sick leave if they are satisfied that,
due to the staff member’s illness, the staff member:
79.4.1 is unable to carry
out their duties without distress; or
79.4.2 risks further
impairment of their health by reporting for duty; or
79.4.3 is a risk to the
health, wellbeing or safety of other staff members, Departmental clients or
members of the public.
79.5 The Department
Head may direct a staff member to participate in a return to work program if
the staff member has been absent on a long period of sick leave.
79.6 Entitlements. A staff member appointed after 13 November
2008 commenced accruing sick leave in accordance with this clause
immediately. Existing staff members at
13 November 2008 commenced accruing sick leave in accordance with this clause
from 1 January 2009 onwards.
79.6.1 At the
commencement of employment with the Public Service, a full-time staff member is
granted an accrual of 5 days sick leave.
79.6.2 After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
79.6.3 After the first
year of service, the staff member shall accrue sick leave day to day at the
rate of 15 working days per year of service.
79.6.4 All continuous
service as a staff member in the NSW public service shall be taken into account
for the purpose of calculating sick leave due. Where the service in the NSW public
service is not continuous, previous periods of public service shall be taken
into account for the purpose of calculating sick leave due if the previous sick
leave records are available.
79.6.5 Notwithstanding
the provisions of paragraph 79.6.4 of this subclause, sick leave accrued and
not taken in the service of a public sector employer may be accessed in terms
of the Public Sector Staff Mobility Policy.
79.6.6 Sick leave without
pay shall count as service for the accrual of recreation leave and paid sick
leave. In all other respects sick leave
without pay shall be treated in the same manner as leave without pay.
79.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
79.6.8 Paid sick leave
shall not be granted during a period of unpaid leave.
79.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the
Department Head approves otherwise. Paid sick leave in excess of 5 days granted
in the first 3 months of service shall be supported by a satisfactory medical
certificate.
79.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
80. Sick Leave -
Requirements for Evidence of Illness
80.1 A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Department Head in respect of the
absence.
80.2 In addition to
the requirements under subclause 79.2 of clause 79, Sick Leave of this award, a
staff member may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the Department Head. Staff members who absent themselves in
excess of 5 working days in a calendar year may be required to furnish evidence
of illness to the Department Head for each occasion absent for the balance of
the calendar year.
80.3 As a general
practice backdated medical certificates will not be accepted. However if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Department Head is satisfied that the
reason for the absence is genuine.
80.4 If a staff member
is required to provide evidence of illness for an absence of 2 consecutive
working days or less, the Department Head will advise them in advance.
80.5 If the Department
Head is concerned about the diagnosis described in the evidence of illness
produced by the staff member, after discussion with the staff member, the evidence
provided and the staff member's application for leave can be referred to
HealthQuest for advice.
80.5.1 The
type of leave granted to the staff member will be determined by the Department
Head based on HealthQuest’s advice.
80.5.2 If sick
leave is not granted, the Department Head will, as far as practicable, take
into account the wishes of the staff member when determining the type of leave
granted.
80.6 The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the Department.
80.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
80.7.1 up to
one week may be provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillo facial surgeon or, at the
Department Head's discretion, another registered health services provider, or
80.7.2 where
the absence exceeds one week, and unless the health provider listed in
paragraph 80.7.1 of this subclause is also a registered medical practitioner,
applications for any further sick leave must be supported by evidence of
illness from a registered medical practitioner, or
80.7.3 at the
Department Head’s discretion, other forms of evidence that satisfy that a staff
member had a genuine illness.
80.8 If a staff member
who is absent on recreation leave or extended leave, furnishes to the
Department Head satisfactory evidence
of illness in respect of an illness which occurred during the leave, the
Department Head may, subject to the provisions of this clause, grant sick leave
to the staff member as follows:
80.8.1 In
respect of recreation leave, the period set out in the evidence of illness;
80.8.2 In
respect of extended leave, the period set out in the evidence of illness if
such period is 5 working days or more.
80.9 Subclause 80.8 of
this clause applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
81. Sick Leave to
Care for a Family Member
81.1 Where family and
community service leave provided for in clause 71 of this award is exhausted or
unavailable, a staff member with responsibilities in relation to a category of
person set out in subclause 81.4 of this clause who needs the staff member's
care and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
81.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the Department Head may grant additional sick
leave from the sick leave accumulated during the staff member’s eligible
service.
81.3 If required by
the Department Head to establish the illness of the person concerned, the staff
member must provide evidence consistent with subclause 80.6 of clause 80, Sick
Leave - Requirements for Evidence of Illness of this award.
81.4 The entitlement
to use sick leave in accordance with this clause is subject to:-
81.4.1 The
staff member being responsible for the care and support of the person
concerned; and
81.4.2 The
person concerned being:-
(a) a spouse of the
staff member; or
(b) a de facto spouse
being a person of the opposite sex to the staff member who lives with the staff
member as her husband or his wife on a bona fide domestic basis although not
legally married to that staff member; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:-
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
82. Sick Leave - Workers
Compensation
82.1 The Department
Head shall advise each staff member of the rights under the Workers
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
82.2 A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987 shall be required to lodge a
claim for any such compensation.
82.3 Where, due to the
illness or injury, the staff member is unable to lodge such a claim in person,
the Department Head shall assist the staff member or the representative of the
staff member, as required, to lodge a claim for any such compensation.
82.4 The Department
Head will ensure that, once received by the Department, a staff member’s
workers compensation claim is lodged by the Department with the workers
compensation insurer within the statutory period prescribed in the Workers
Compensation Act 1987.
82.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Department Head shall grant sick leave on full pay for which
the staff member is eligible followed, if necessary, by sick leave without pay
or, at the staff member's election by accrued recreation leave or extended
leave.
82.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
82.7 A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may use
any accrued and untaken sick leave to make up the difference between the amount
of compensation payable under that Act and the staff member's ordinary rate of
pay. Sick leave utilised in this way shall be debited against the staff member.
82.7.1 Before approving
the use of sick leave in this subclause, the Department Head must be satisfied
that the staff member is complying with the obligations imposed by the Workplace
Injury Management and Workers Compensation Act 1998 which requires that the
staff member must:
(a) participate and
cooperate in the establishment of the required injury management plan for the
staff member;
(b) comply with
obligations imposed on the staff member by or under the injury management plan
established for the staff member;
(c) when requested
to do so, nominate as their treating doctor for the purposes of the injury
management plan a medical practitioner who is prepared to participate in the
development of, and in the arrangements under, the plan;
(d) authorise the
nominated treating doctor to provide relevant information to the insurer or the
Department Head for the purposes of the injury management plan; and
(e) make all
reasonable efforts to return to work as soon as possible, having regard to the
nature of the injury.
82.8 If a staff member
notifies the appropriate Department Head that he or she does not intend to make
a claim for any such compensation, the Department Head shall consider the
reasons for the staff member's decision and shall determine whether, in the
circumstances, it is appropriate to grant sick leave in respect of any such
absence.
82.9 A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member shall not be granted available sick leave
on full pay until the examination has occurred and a medical certificate is
issued indicating that the staff member is not fit to resume employment.
82.10 If the Department
Head provides the staff member with employment which meets the terms and
conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails, to
resume or perform such duties, the staff member shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
82.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the
Workers Compensation Act 1987.
82.12 Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:-
82.12.1 The
staff member's claim for workers compensation;
82.12.2 The
conduct of a medical examination by a Government or other Medical Officer;
82.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
82.12.4 Action
taken by the Department Head either under the Workers Compensation Act
1987 or any other relevant legislation in relation to a claim for workers
compensation, medical examination or medical certificate.
83. Sick Leave -
Claims Other Than Workers Compensation
83.1 If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:-
83.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave granted
by the Department to the staff member; and
83.1.2 In the event that
the staff member receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
staff member will repay to the Department the monetary value of any such period
of sick leave.
83.2 Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Department Head is satisfied
that the refusal or failure is unavoidable.
83.3 On repayment to
the Department of the monetary value of sick leave granted to the staff member,
sick leave equivalent to that repayment and calculated at the staff member’s
ordinary rate of pay, shall be restored to the credit of the staff member.
84. Special Leave
84.1 Special Leave -
Jury Service
84.1.1 A staff member
shall, as soon as possible, notify the Department Head of the details of any
jury summons served on the staff member.
84.1.2 A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Department Head a certificate of attendance issued by the
Sheriff or by the Registrar of the court giving particulars of attendances by
the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977 in
respect of any such period.
84.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the Department Head shall grant, in
respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
Department Head shall grant, at the sole election of the staff member,
available recreation leave on full pay, flex leave or leave without pay.
84.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at court as a witness in an
official capacity shall be paid by the Department.
84.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
84.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
84.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
84.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by the Department for the required period.
84.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
84.5 Special Leave -
Examinations -
84.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
Department Head.
84.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
84.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the staff member, no further leave
is granted for any examination.
84.6 Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 54, Trade Union Activities Regarded as Special Leave of
this award.
84.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the staff member wishes to return home more
often, such staff member may be granted recreation leave, extended leave or
flex leave to credit or leave without pay, if the operational requirements
allow.
84.8 Return Home When
Transferred to New Location -- Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, subject to the conditions specified in the Crown Employees
(Transferred Employees Compensation) Award.
84.9 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and
after NAIDOC week as negotiated between the supervisor and staff member.
84.10 Special Leave -
Other Purposes - Special leave on full pay may be granted to staff members by
the Department Head for such other purposes, subject to the conditions
specified in the Personnel Handbook at the time the leave is taken.
84.11 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 84A,
Leave for Matters Arising From Domestic Violence, have been exhausted, the
Department Head 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.
84A. Leave for
Matters Arising from Domestic Violence
84A.1 The definition of
domestic violence is found in clause 3.71 of this award.
84A.2 Leave entitlements
provided for in clause 71, Family and Community Service Leave, clause 79, Sick
Leave and clause 81, Sick Leave to Care for a Family Member, may be used by staff
members experiencing domestic violence.
84A.3 Where the leave
entitlements referred to in subclause 84A.2 are exhausted, Department Heads
shall grant Special Leave as per clause 84.11.
84A.4 The Department
Head 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.
84A.5 Personal
information concerning domestic violence will be kept confidential by the
agency.
84A.6 The Department
Head, 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.
SECTION 7 -
TRAINING AND PROFESSIONAL DEVELOPMENT
85. Staff Development
and Training Activities
85.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
85.1.1 All staff
development courses conducted by a NSW Public Sector organisation;
85.1.2 Short educational
and training courses conducted by generally recognised public or private
educational bodies; and
85.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
85.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities:-
85.2.1 Activities for
which study assistance is appropriate;
85.2.2 Activities to
which other provisions of this award apply (e.g. courses conducted by the
Association); and
85.2.3 Activities which
are of no specific relevance to the NSW Public Sector.
85.3 Attendance of a
staff member at activities considered by the Department Head to be:
85.3.1 Essential for the
efficient operation of the Department; or
85.3.2 Developmental and
of benefit to the NSW public sector
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
85.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Department:
85.4.1 Recognition that
the staff members are performing normal duties during the course;
85.4.2 Adjustment for the
hours so worked under flexible working hours;
85.4.3 Payment of course
fees:
85.4.4 Payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
85.4.5 Payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Department Head is satisfied that the approval to attend
constitutes a direction to work overtime under clause 88, Overtime - General of
this award.
85.5 The following
provisions shall apply, as appropriate, to the activities considered to be developmental
and of benefit to the Department:
85.5.1 Recognition of the
staff member as being on duty during normal working hours whilst attending the
activity;
85.5.2 Payment of course
fees;
85.5.3 Reimbursement of
any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
85.5.4 Such other
conditions as may be considered appropriate by the Department Head given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
85.6 Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the public service, special leave of up to 10
days per year shall be granted to a staff member. If additional leave is
required and the Department Head is able to release the staff member, such
leave shall be granted as a charge against available flex leave,
recreation/extended leave or as leave without pay.
85.7 Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this clause.
86. Study Assistance
86.1 The Department
Head shall have the power to grant or refuse study time.
86.2 Where the
Department Head approves the grant of study time, the grant shall be subject
to:
86.2.1 The course being a
course relevant to the Department and/or the public service;
86.2.2 The time being
taken at the convenience of the Department; and
86.2.3 Paid study time
not exceeding a maximum of 4 hours per week, to accrue on the basis of half an
hour for each hour of class attendance.
86.3 Study time may be
granted to both full and part-time staff members. Part-time staff members
however shall be entitled to a pro-rata allocation of study time to that of a
full-time staff member.
86.4 Study time may be
used for:
86.4.1 Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
86.4.2 Necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
86.4.3 Private study;
and/or
86.4.4 Accumulation,
subject to the conditions specified in subclauses 86.6 to 86.10 of this clause.
86.5 Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:-
86.5.1 Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
86.5.2 Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
86.5.3 Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses 86.6 to 86.10 of this clause.
86.6 Accumulated study
time may be taken in any manner or at any time, subject to operational
requirements of the Department.
86.7 Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and
the Department.
86.8 Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
86.9 Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
86.10 Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
86.11 Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
86.12 Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
86.13 Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
86.14 Repeated subjects
- Study time shall not be granted for repeated subjects.
86.15 Expendable grant
- Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
86.16 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
86.17 The period
granted as examination leave shall include:
86.17.1 Time
actually involved in the examination;
86.17.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the staff member.
86.18 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
86.19 Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
86.20 All staff members
are eligible to apply and no prior service requirements are necessary.
86.21 Study leave shall
be granted without pay, except where the Department Head approves financial
assistance. The extent of financial assistance to be provided shall be
determined by the Department Head according to the relevance of the study to
the workplace and may be granted up to the amount equal to full salary.
86.22 Where financial
assistance is approved by the Department Head for all or part of the study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
staff member.
86.23 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the Department may choose to identify courses or educational
programmes of particular relevance or value and establish a Departmental
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
SECTION 8 - SHIFT
WORK AND OVERTIME
87. Shift Work
87.1 Shift Loadings -
A shift worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
|
Day - at or after 6am and before 10am
|
Nil
|
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
|
Night - at or after 4pm and before 4am
|
15.0%
|
|
Night - at or after 4am and before 6am
|
10.0%
|
87.2 The loadings
specified in subclause 87.1 of this clause shall only apply to shifts worked from
Monday to Friday.
87.3 Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
87.4 Saturday Shifts -
Shift workers working on an ordinary rostered shift between midnight on Friday
and midnight on Saturday which is not a public holiday, shall be paid for such
shifts at ordinary time and one half.
87.5 Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
87.6 Public Holidays -
With the exception of classifications listed in subclauses 87.7 and 87.8 of
this clause, the following shall apply:
87.6.1 Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
87.6.2 A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
87.7 Shift workers
employed in the classifications of:
Regulatory Officers, Plant Diseases Act - Department of
Agriculture
Security Officers - Art Gallery of NSW
Attendants - Australian Museum
Clinical Neuro Psychologist - Department of Corrective
Services
Clerks, Psychologists, Welfare Officers - Metropolitan
Remand and
Reception Centre (IDS) - Department of Corrective
Services
Gallery Service Officers - Art Gallery of NSW
Journalist - Department of Premier and Cabinet
Videotape Editor - Department of Premier and Cabinet
Staff Resource Units - Department of Ageing, Disability
and Home Care
shall receive the following:
87.7.1 For ordinary
rostered time worked on a Saturday - ordinary salary and an additional payment
at the rate of half time.
87.7.2 For ordinary
rostered time worked on a Sunday - ordinary salary and an additional payment at
the rate of three quarter time.
87.7.3 When rostered off
on a public holiday - ordinary salary and an additional day’s pay.
87.7.4 When rostered on
and works on a public holiday - ordinary salary and an additional payment at
the rate of time and a half.
87.7.5 Annual leave at
the rate of four weeks per year, that is 20 working days plus 8 rest days.
87.7.6 Additional leave
on the following basis:
|
Number of ordinary shifts worked on Sunday and/or public
|
Additional leave
|
|
holiday during a qualifying period of 12 months from 1
|
|
|
December one year to 30 November the next year
|
|
|
4-10
|
1 additional day
|
|
11-17
|
2 additional days
|
|
18-24
|
3 additional days
|
|
25-31
|
4 additional days
|
|
32 or more
|
5 additional days
|
87.8 Shift workers
employed in the classifications of:
Prison Officers - Department of Corrective Services
Transitional Centre Workers - Department of Corrective
Services
Rangers - National Parks and Wildlife Service
Field Officer - National Parks and Wildlife Service
Nurses - Department of Community Services
Crisis Care Workers (Full time) - Child Protection and
Family Crisis Service, Department of Community Services
shall receive the following:
87.8.1 For ordinary
rostered time worked on a Saturday - ordinary salary and an additional payment
at the rate of half time.
87.8.2 For ordinary
rostered time worked on a Sunday - ordinary salary and an additional payment at
the rate of three quarter time.
87.8.3 When rostered off
on a public holiday - no additional compensation or payment.
87.8.4 When rostered on
and works on a public holiday - ordinary salary and an additional payment at the
rate of half time.
87.8.5 Annual leave at
the rate of six weeks per year, that is 30 working days plus 12 rest days.
87.8.6 Additional payment
on the following basis:
|
Number of ordinary shifts worked on Sundays and/or
|
Additional payment
|
|
public holidays during a qualifying period of payment
|
|
|
12 months from 1 December one year to 30 November
|
|
|
the next year
|
|
|
4-10
|
1/5th of one week’s ordinary salary
|
|
11-17
|
2/5ths of one week’s ordinary salary
|
|
18-24
|
3/5ths of one week’s ordinary salary
|
|
25-31
|
4/5ths of one week’s ordinary salary
|
|
32 or more
|
one week’s ordinary salary
|
87.8.7 The additional
payment in terms of paragraph 87.8.6 of this subclause shall be made after 1
December each year for the preceding 12 months.
87.8.8 Where the shift
worker retires or resigns, or the employment of a shift worker is terminated by
the employer, any payment that has accrued from the preceding 1 December until
the last day of service shall be paid to the shift worker;
87.8.9 Payment shall be
made at the rate applicable as at 1 December each year or at the salary rate
applicable at the date of retirement, resignation or termination.
87.9 Rosters - Rosters
covering a minimum period of 28 days, where practicable, shall be prepared and
issued at least 7 days prior to the commencement of the rosters. Each roster
shall indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the Department Head.
87.10 Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift shall, where practicable, be given forty eight (48) hours notice of the
proposed change.
87.11 Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
87.12 If a shift worker
resumes or continues to work without having had eight (8) consecutive hours off
duty, the shift worker shall be paid overtime in accordance with clause 89,
Overtime Worked by Shift Workers of this award, until released from duty for
eight (8) consecutive hours. The shift
worker will then be entitled to be off duty for at least eight (8) consecutive
hours without loss of pay for ordinary working time which falls during such
absence.
87.13 Time spent off
duty may be calculated by determining the amount of time elapsed after:-
87.13.1 The
completion of an ordinary rostered shift; or
87.13.2 The
completion of authorised overtime; or
87.13.3 The
completion of additional travelling time, if travelling on duty, but shall not
include time spent travelling to and from the workplace.
87.14 Daylight Saving -
In all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
88. Overtime -
General
88.1 A staff member
may be directed by the Department Head to work overtime, provided it is reasonable
for the staff member to be required to do so. A staff member may refuse to work
overtime in circumstances where the working of such overtime would result in
the staff member working unreasonable hours. In determining what is
unreasonable, the following factors shall be taken into account:
88.1.1 The staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
88.1.2 Any risk to staff
member health and safety,
88.1.3 The urgency of the
work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services,
88.1.4 The notice (if
any) given by the Department Head regarding the working of the overtime, and by
the staff member of their intention to refuse overtime, or
88.1.5 Any other relevant
matter.
88.2 Payment for
overtime shall be made only where the staff member works directed overtime.
88.3 Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 10,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
Department Head to work more than 7 hours after finishing overtime or before
commencing overtime.
88.4 Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
88.4.1 Compensation
specifically provided for overtime and/or on-call (standby) allowance; or
88.4.2 Be paid an allowance
for overtime and/or on-call (standby) allowance; or
88.4.3 A rate of salary
which has been determined as inclusive of overtime and/or on-call (standby)
allowance.
89. Overtime Worked
By Shift Workers
89.1 The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
89.1.1 Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, shall be paid
for at the rate of time and one half for the first two hours and double time
thereafter.
89.1.2 Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
89.1.3 Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
89.1.4 Public Holidays -
All overtime worked on a public holiday shall be paid for at the rate of double
time and one half.
89.2 Eight Consecutive
Hours Break on Overtime - When overtime is necessary, wherever reasonably
practicable, it shall be arranged so that shift workers have at least eight (8)
consecutive hours off duty.
89.3 The rest period
off duty shall be not less than eight (8) consecutive hours when the overtime
is worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
90. Overtime Worked
By Day Workers
90.1 The provisions of
this clause shall not apply to:
90.1.1 Shift workers as
defined in clause 3, Definitions of this award and to whom provisions of clause
87, Shift Work and clause 89, Overtime Worked by Shift Workers of this award
apply;
90.1.2 Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Department Head and the Association;
90.1.3 Staff members to
who overtime provisions apply under another industrial instrument;
90.1.4 Staff members
whose salary includes compensation for overtime;
90.1.5 Staff members who
receive an allowance in lieu of overtime; and
90.1.6 Duty Officers,
State Emergency Services during flood alerts on weekends and public holidays
except as provided in clause 97, Compensation for Additional Hours worked by
Duty Officer, State Emergency Services of this award.
90.2 Rates - Overtime
shall be paid at the following rates:
90.2.1 Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the staff member’s ordinary hours of duty, if working standard hours,
or outside the bandwidth, if working under a flexible working hours scheme,
unless local arrangements negotiated in terms of clause 10, Local Arrangements
of this award apply;
90.2.2 Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
90.2.3 Sundays - All
overtime worked on a Sunday at the rate of double time;
90.2.4 Public Holidays -
All overtime worked on a public holiday at the rate of double time and one
half.
90.3 If a staff member
is absent from duty on any working day during any week in which overtime has
been worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the staff member has been granted leave of
absence or the absence has been caused by circumstances beyond the staff
member’s control.
90.4 A staff member
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
90.5 Rest Periods
90.5.1 A staff member who
works overtime shall be entitled to be absent until eight (8) consecutive hours
have elapsed.
90.5.2 Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
91. Recall to Duty
91.1 A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
91.2 The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
91.3 When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
91.4 When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
91.5 A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
91.6 A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
91.7 This clause shall
not apply in cases where it is customary for a staff member to return to the
Department’s premises to perform a specific job outside the staff member’s
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty. Overtime worked in these circumstances
shall not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
92. On-Call
(Stand-By) and on-Call Allowance
92.1 Unless already eligible
for an on-call allowance under another industrial instrument, a staff member
shall be:
92.1.1 Entitled to be
paid the on call allowance set out in Item 13 of Table 1 - Allowances of Part B
Monetary Rates when directed by the Department to be on call or on standby for
a possible recall to duty outside the staff member's working hours;
92.1.2 If a staff member
who is on call and is called out by the Department, the overtime provisions as
set out in clause 89, Overtime Worked by Shift Workers or clause 90, Overtime
Worked by Day Workers of this award, whichever is appropriate, shall apply to
the time worked;
92.1.3 Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
93. Overtime Meal
Breaks
93.1 Staff Members Not
Working Flexible Hours - a Staff Member Required to Work Overtime on Weekdays
for an Hour and a Half Or More After the Staff Member’s Ordinary Hours of Duty
on Weekdays, Shall be Allowed 30 Minutes for a Meal and Thereafter, 30 Minutes
for a Meal After Every Five Hours of Overtime Worked.
93.2 Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
93.3 Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
94. Overtime Meal
Allowances
94.1 If an adequate
meal is not provided by the Department, a meal allowance shall be paid by the
Department at the appropriate rate specified in Item 19 of Table 1 - Allowances
of Part B, Monetary Rates, provided the Department Head is satisfied that:
94.1.1 the time worked is
directed overtime;
94.1.2 the staff member
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
94.1.3 where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
94.1.4 overtime is not
being paid in respect of the time taken for a meal break.
94.2 Where an
allowance payable under this clause is insufficient to reimburse the staff
member the cost of a meal, properly and reasonably incurred, the Department
Head shall approve payment of actual expenses.
94.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
94.4 Receipts shall be
provided to the Department Head or his/her delegate in support of any claims
for additional expenses or when the staff member is required to substantiate
the claim.
94.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Department Head
and the Association from negotiating different meal provisions under a local
arrangement.
95. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied
from time to time, shall be paid for working directed overtime at the maximum
rate for Clerk, Grade 8 plus $1.00, unless the Department Head approves payment
for directed overtime at the staff member’s salary or, where applicable, salary
and allowance in the nature of salary.
96. Payment for
Overtime Or Leave in Lieu
96.1 The Department
Head shall grant compensation for directed overtime worked either by payment at
the appropriate rate or, if the staff member so elects, by the grant of leave
in lieu in accordance with subclause 96.2 of this clause.
96.2 The following
provisions shall apply to the leave in lieu:
96.2.1 The staff member
shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment.
96.2.2 The leave shall be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
96.2.3 The leave must be
taken at the convenience of the Department, except when leave in lieu is being
taken to look after a sick family member. In such cases, the conditions set out
in clause 81, Sick Leave to Care for a Sick Family Member of this award apply.
96.2.4 The leave shall be
taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the staff member’s Department or
section;
96.2.5 Leave in lieu
accrued in respect of overtime shall be given by the Department and taken by
the staff member within three months of accrual unless alternate local
arrangements have been negotiated between the Department Head and the
Association.
96.2.6 A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
97. Compensation for
Additional Hours Worked By Duty Officer, State Emergency Services
97.1 The time spent at
home as Duty Officer, State Emergency Services during flood alerts on weekends
and public holidays, shall be compensated by:-
97.1.1 Payment at the
rate of one third of one day’s pay for each tour of duty; or
97.1.2 If so desired by
the staff member concerned, the granting of time off in lieu of payment
calculated in accordance with clause 96, Payment for Overtime or Leave in Lieu
of this award.
98. Calculation of
Overtime
98.1 Unless a minimum
payment in terms of subclause 90.4 of clause 90, Overtime Worked by Day Workers
of this award applies, overtime shall not be paid if the total period of
overtime worked is less than a quarter of an hour.
98.2 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
98.3 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:-
|
Annual salary
|
X
|
7
|
X
|
1
|
|
1
|
|
365.25
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
98.4 To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
98.5 Overtime is not
payable for time spent travelling.
99. Provision of
Transport in Conjunction With Working of Overtime
99.1 For the purpose
of this clause, departure or arrival after 8.00 p.m. will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster does not in itself warrant
the provision of transport. It needs to be demonstrated that the normal means
of transport, public or otherwise, is not reasonably available and/or that
travel by such means of transport places the safety of the staff member at
risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with administrative units of Departments where knowledge of each particular
situation will enable appropriate judgements to be made.
99.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
99.3 Provision of
Taxis
Where a staff member:
99.3.1 ceases
overtime duty after 8.00 p.m., or
99.3.2 ceases
or commences duty performed as part of a regular or rotating roster of shift
duty after 8.00 p.m.,
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
SECTION 9 -
MISCELLANEOUS
100.
Anti-Discrimination
100.1 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.
100.2 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.
100.3 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.
100.4 Nothing in this
clause is to be taken to affect:
100.4.1 Any
conduct or act which is specifically exempted from anti‑ discrimination
legislation;
100.4.2 Offering
or providing junior rates of pay to persons under 21 years of age;
100.4.3 Any act
or practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
100.4.4 A party
to this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
100.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
100.5.1 Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
100.5.2 Section
56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
101. Secure
Employment
101.1 Occupational
Health and Safety
101.1.1 For the
purposes of this subclause, the following definitions shall apply:
(a) 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.
(b) 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.
101.1.2 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):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) 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;
(c) 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
(d) 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.
101.1.3 Nothing
in this subclause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
101.2 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.
101.3 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.
102. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in a Department or section of a Department at the time
this award is made, if such provisions are better than the provisions contained
in this award. Such entitlements are hereby expressly preserved until renegotiated
with the Association.
103. Area, Incidence
and Duration
103.1 This award shall
apply to Officers, Departmental temporary employees and Casual employees as
defined in the Public Sector Employment and Management Act 2002 employed
in Departments listed in Schedule 1, Part 1, to the Public Sector Employment
and Management Act 2002.
103.2 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 22 November 2012.
103.3 Changes made to
this award subsequent to it first being published on 31 July 2009 (368 I.G. 884)
have been incorporated into this award as part of the review.
103.4 The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Rates and Allowances
Effective 1 July
2012
|
Item No
|
Clause No
|
Description
|
Amount
|
|
1
|
|
Meal expenses on one day journeys
|
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
|
(see list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$24.35
|
|
|
29.1.2
|
Dinner
|
$46.70
|
|
|
29.1.3
|
Lunch
|
$27.35
|
|
|
|
Tier 2 and other country centres (see list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$21.80
|
|
|
29.1.2
|
Dinner
|
$42.90
|
|
|
29.1.3
|
Lunch
|
$24.90
|
|
|
|
|
|
|
2
|
|
Travelling allowances
|
|
|
|
26.8.2
|
Capital cities
|
Per day
|
|
|
|
Adelaide
|
$273.25
|
|
|
|
Brisbane
|
$317.25
|
|
|
|
Canberra
|
$281.25
|
|
|
|
Darwin
|
$305.25
|
|
|
|
Hobart
|
$248.25
|
|
|
|
Melbourne
|
$289.25
|
|
|
|
Perth
|
$349.25
|
|
|
|
Sydney
|
$299.25
|
|
|
|
|
|
|
|
26.8.2
|
High cost country centres
|
Per day
|
|
|
|
Alice Springs (NT)
|
$266.25
|
|
|
|
Bourke (NSW)
|
$281.25
|
|
|
|
Bright (VIC)
|
$252.25
|
|
|
|
Broome (WA)
|
$326.25
|
|
|
|
Bunbury (WA)
|
$271.25
|
|
|
|
Burnie (TAS)
|
$251.25
|
|
|
|
Cairns (QLD)
|
$256.25
|
|
|
|
Carnarvon (WA)
|
$267.25
|
|
|
|
Castlemaine (VIC)
|
$249.25
|
|
|
|
Chinchilla (QLD)
|
$249.25
|
|
|
|
Christmas Island (WA)
|
$266.25
|
|
|
|
Dampier (WA)
|
$291.25
|
|
|
|
Derby (WA)
|
$298.25
|
|
|
|
Echuca (VIC)
|
$239.25
|
|
|
|
Emerald (QLD)
|
$257.25
|
|
|
|
Exmouth (WA)
|
$371.25
|
|
|
|
Geelong (VIC)
|
$252.25
|
|
|
|
Geraldton (WA)
|
$251.25
|
|
|
|
Gladstone (QLD)
|
$303.25
|
|
|
|
Gold Coast (QLD)
|
$265.25
|
|
|
|
Halls Creek (WA)
|
$281.25
|
|
|
|
Horn Island (QLD)
|
$285.25
|
|
|
|
Jabiru (NT)
|
$308.25
|
|
|
|
Kalgoorlie (WA)
|
$275.25
|
|
|
|
Karratha (WA)
|
$463.25
|
|
|
|
Katherine (NT)
|
$250.25
|
|
|
|
Kununurra (WA)
|
$318.25
|
|
|
|
Mackay (QLD)
|
$257.25
|
|
|
|
Mount Isa (QLD)
|
$276.25
|
|
|
|
Newcastle (NSW)
|
$259.25
|
|
|
|
Newman (WA)
|
$311.25
|
|
|
|
Norfolk Island
|
$306.25
|
|
|
|
Port Hedland (WA)
|
$375.25
|
|
|
|
Port Pirie (SA)
|
$256.25
|
|
|
|
Thursday Island (QLD)
|
$296.25
|
|
|
|
Wagga Wagga (NSW)
|
$250.25
|
|
|
|
Weipa (QLD)
|
$254.25
|
|
|
|
Wilpena-Pound (SA)
|
$283.25
|
|
|
|
Wollongong (NSW)
|
$252.25
|
|
|
|
Whyalla (SA)
|
261.25
|
|
|
|
Yulara (NT)
|
$360.25
|
|
|
|
|
|
|
|
26.8.2
|
Tier 2 country centres
|
Per day
|
|
|
|
Albany (WA)
|
$234.45
|
|
|
|
Ararat (VIC)
|
$234.45
|
|
|
|
Armidale (NSW)
|
$234.45
|
|
|
|
Bairnsdale (VIC)
|
$234.45
|
|
|
|
Ballarat (VIC)
|
$234.45
|
|
|
|
Bathurst (NSW)
|
$234.45
|
|
|
|
Bendigo (VIC)
|
$234.45
|
|
|
|
Bordertown (SA)
|
$234.45
|
|
|
|
Broken Hill (NSW)
|
$234.45
|
|
|
|
Bundaberg (QLD)
|
$234.45
|
|
|
|
Ceduna (SA)
|
$234.45
|
|
|
|
Cocos (Keeling) Islands
|
$234.45
|
|
|
|
Coffs Harbour (NSW)
|
$234.45
|
|
|
|
Cooma (NSW)
|
$234.45
|
|
|
|
Dalby (QLD)
|
$234.45
|
|
|
|
Devonport (TAS)
|
$234.45
|
|
|
|
Dubbo (NSW)
|
$234.45
|
|
|
|
Esperance (WA)
|
$234.45
|
|
|
|
Gosford (NSW)
|
$234.45
|
|
|
|
Goulburn (NSW)
|
$234.45
|
|
|
|
Hamilton (VIC)
|
$234.45
|
|
|
|
Hervey Bay (QLD)
|
$234.45
|
|
|
|
Horsham (VIC)
|
$234.45
|
|
|
|
Innisfail (QLD)
|
$234.45
|
|
|
|
Kadina (SA)
|
$234.45
|
|
|
|
Kingaroy (QLD)
|
$234.45
|
|
|
|
Launceston (TAS)
|
$234.45
|
|
|
|
Maitland (NSW)
|
$234.45
|
|
|
|
Mildura (VIC)
|
$234.45
|
|
|
|
Mount Gambier (SA)
|
$234.45
|
|
|
|
Mudgee (NSW)
|
$234.45
|
|
|
|
Muswellbrook (NSW)
|
$234.45
|
|
|
|
Naracoorte (SA)
|
$234.45
|
|
|
|
Orange (NSW)
|
$234.45
|
|
|
|
Port Augusta (SA)
|
$234.45
|
|
|
|
Portland (VIC)
|
$234.45
|
|
|
|
Port Lincoln (SA)
|
$234.45
|
|
|
|
Port Macquarie (NSW)
|
$234.45
|
|
|
|
Queanbeyan (NSW)
|
$234.45
|
|
|
|
Renmark (SA)
|
$234.45
|
|
|
|
Rockhampton (QLD)
|
$234.45
|
|
|
|
Roma (QLD)
|
$234.45
|
|
|
|
Seymour (VIC)
|
$234.45
|
|
|
|
Swan Hill (VIC)
|
$234.45
|
|
|
|
Tamworth (NSW)
|
$234.45
|
|
|
|
Tennant Creek (NT)
|
$234.45
|
|
|
|
Toowoomba (QLD)
|
$234.45
|
|
|
|
Townsville (QLD)
|
$234.45
|
|
|
|
Tumut (NSW)
|
$234.45
|
|
|
|
Warrnambool (VIC)
|
$234.45
|
|
|
|
Wonthaggi (VIC)
|
$234.45
|
|
|
|
|
|
|
|
26.8.2
|
Other country centres
|
$213.45
|
|
|
26.8.2
|
Incidental expenses when claiming actual
|
$17.85
|
|
|
|
expenses - all locations
|
|
|
|
26.11
|
Daily allowance payable after 35 days and up to
|
50% of the
|
|
|
|
6 months in the same location - all locations
|
appropriate
|
|
|
|
|
location rate
|
|
|
|
|
|
|
3
|
26.8.1
|
Incidental expenses
|
$17.85
|
|
|
|
|
|
|
4
|
|
Camping allowance
|
Per night
|
|
|
34.2.1
|
Established camp
|
$29.00
|
|
|
34.2.2
|
Non established camp
|
$38.35
|
|
|
|
Additional allowance for staff who camp in
|
$9.15
|
|
|
|
excess of 40 nights per year
|
|
|
|
|
|
|
|
5
|
35.2
|
Composite allowance (per day)
|
$138.30
|
|
|
|
|
|
|
6
|
|
Use of private motor vehicle
|
Cents per
|
|
|
|
|
kilometre
|
|
|
36.3
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
75.0
|
|
|
|
1601cc-2600cc
|
74.0
|
|
|
|
1600cc or less
|
63.0
|
|
|
36.3
|
Casual rate (40% of official business rate)
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
30.0
|
|
|
|
1601cc-2600cc
|
29.6
|
|
|
|
1600cc or less
|
25.2
|
|
|
|
Motor cycle allowance (50% of the 1600cc or
|
31.5
|
|
|
|
less official business rate)
|
|
|
|
36.7
|
Towing trailer or horse float (13% of the
|
9.75
|
|
|
|
2601cc and over official business rate)
|
|
|
|
|
|
|
|
7
|
|
Camping equipment allowance
|
Per night
|
|
|
38.2
|
Camping equipment allowance
|
$28.70
|
|
|
38.3
|
Bedding and sleeping bag
|
$4.80
|
|
|
|
|
|
|
8
|
|
Remote areas allowance
|
Per annum
|
|
|
|
With dependants
|
|
|
|
39.2.1
|
- Grade A
|
$1835 pa
|
|
|
39.2.2
|
- Grade B
|
$2434 pa
|
|
|
39.2.3
|
- Grade C
|
$3250 pa
|
|
|
|
Without dependants
|
|
|
|
39.2.1
|
- Grade A
|
$1280 pa
|
|
|
39.2.2
|
- Grade B
|
$1706 pa
|
|
|
39.2.3
|
- Grade C
|
$2276 pa
|
|
|
|
|
|
|
9
|
40.1
|
Assistance to staff members stationed in a
|
|
|
|
|
remote area when travelling on recreation leave
|
|
|
|
|
By private motor vehicle
|
Appropriate casual
|
|
|
|
|
rate up to a
|
|
|
|
|
maximum
|
|
|
|
|
of 2850 kms less
|
|
|
|
|
$45.25
|
|
|
|
Other transport - with dependants
|
Actual reasonable
|
|
|
|
|
expenses in excess
|
|
|
|
|
of $45.25 and up
|
|
|
|
|
to $303.00
|
|
|
|
Other transport - without dependants
|
Actual reasonable
|
|
|
|
|
expenses in excess
|
|
|
|
|
of $45.25 and up
|
|
|
|
|
to $149.65
|
|
|
|
Rail travel
|
Actual rail fare
|
|
|
|
|
less $45.25
|
|
10
|
41
|
Insurance cover
|
Up to $A 1,173
|
|
11
|
42.2
|
Exchanges
|
Actual cost
|
|
12
|
43.1
|
Room at home used as office
|
$836 pa
|
|
13
|
92.1.1
|
On-call (stand-by) and on-call allowance
|
0.86 per hour
|
|
|
|
(effective ffpp on or after 1 July 2012)
|
|
|
14
|
45
|
Flying allowance
|
$18.40 per hour
|
|
|
|
(effective ffpp on or after 1 July 2012)
|
|
|
15
|
46.1
|
Uniforms, protective clothing and laundry allowance
|
$4.40 per week
|
|
16
|
48.1
|
Garage and carport allowance
|
Per annum
|
|
|
|
- Garage allowance
|
$591 pa
|
|
|
|
- Carport allowance
|
$131 pa
|
|
17
|
50.1
|
Community language allowance scheme
|
Per annum
|
|
|
|
(effective ffpp on
or after 1 July 2012)
|
|
|
|
|
- Base Level Rate
|
$1224 pa
|
|
|
|
- Higher Level Rate
|
$1839 pa
|
|
18
|
51.1
|
First aid allowance
|
Per annum
|
|
|
|
(effective ffpp on
or after 1 July 2012)
|
|
|
|
|
- Holders of basic qualifications
|
$788 pa
|
|
|
|
- Holders of current occupational first aid certificate
|
$1184 pa
|
|
19
|
94.1
|
Overtime meal allowances
|
Effective
|
|
|
|
|
1 July 2012
|
|
|
|
Breakfast
|
$27.10
|
|
|
|
Lunch
|
$27.10
|
|
|
|
Dinner
|
$27.10
|
|
|
|
Supper
|
$9.95
|
NB: In adjusting expense related and salary related
allowances, annual rates are adjusted to the nearest dollar, weekly and daily
rates are rounded to the nearest 5 cents, and hourly rates are moved to the
nearest cent (except for the flying allowance which is moved to the nearest 10
cents).
Effective 1 July
2011
|
Item No
|
Clause No
|
Description
|
Amount
|
|
1
|
|
Meal expenses on one day journeys
|
|
|
|
|
Capital cities and high cost country centres (see
|
|
|
|
|
list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$23.65
|
|
|
29.1.2
|
Dinner
|
$45.60
|
|
|
29.1.3
|
Lunch
|
$26.55
|
|
|
|
Tier 2 and other country centres (see list in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$21.15
|
|
|
29.1.2
|
Dinner
|
$41.65
|
|
|
29.1.3
|
Lunch
|
$24.20
|
|
2
|
|
Travelling allowances
|
|
|
|
26.8.2
|
Capital cities
|
Per day
|
|
|
|
Adelaide
|
$270.10
|
|
|
|
Brisbane
|
$314.10
|
|
|
|
Canberra
|
$278.10
|
|
|
|
Darwin
|
$302.10
|
|
|
|
Hobart
|
$238.10
|
|
|
|
Melbourne
|
$286.10
|
|
|
|
Perth
|
$289.10
|
|
|
|
Sydney
|
$296.10
|
|
|
26.8.2
|
High cost country centres
|
Per day
|
|
|
|
Ballarat (VIC)
|
$240.10
|
|
|
|
Bendigo (VIC)
|
$235.10
|
|
|
|
Broome (WA)
|
$335.60
|
|
|
|
Bunbury (WA)
|
242.10
|
|
|
|
Burnie (TAS)
|
$238.10
|
|
|
|
Cairns (QLD)
|
$240.10
|
|
|
|
Carnarvon (WA)
|
$264.10
|
|
|
|
Christmas Island (WA)
|
$263.10
|
|
|
|
Dalby (QLD)
|
$246.60
|
|
|
|
Dampier (WA)
|
287.60
|
|
|
|
Derby (WA)
|
294.60
|
|
|
|
Devonport (TAS)
|
$241.60
|
|
|
|
Echuca (VIC)
|
$235.60
|
|
|
|
Exmouth (WA)
|
$307.10
|
|
|
|
Geelong (VIC)
|
$244.10
|
|
|
|
Geraldton (WA)
|
$259.10
|
|
|
|
Gladstone (QLD)
|
$251.60
|
|
|
|
Gold Coast (QLD)
|
$283.10
|
|
|
|
Halls Creek (WA)
|
$308.10
|
|
|
|
Horn Island (QLD)
|
$282.10
|
|
|
|
Jabiru (NT)
|
$311.10
|
|
|
|
Kalgoorlie (WA)
|
$282.60
|
|
|
|
Karratha (WA)
|
$398.10
|
|
|
|
Katherine (NT)
|
$233.60
|
|
|
|
Kununurra (WA)
|
$295.10
|
|
|
|
Launceston (TAS)
|
$239.60
|
|
|
|
Mackay (QLD)
|
$266.10
|
|
|
|
Maitland (NSW)
|
$244.60
|
|
|
|
Mount Isa (QLD)
|
$271.60
|
|
|
|
Newcastle (NSW)
|
$255.60
|
|
|
|
Newman (WA)
|
$308.10
|
|
|
|
Norfolk Island
|
$302.60
|
|
|
|
Port Hedland (WA)
|
$383.10
|
|
|
|
Port Pirie (SA)
|
$248.10
|
|
|
|
Thursday Island (QLD)
|
$293.10
|
|
|
|
Townsville (QLD)
|
$247.60
|
|
|
|
Weipa (QLD)
|
$251.10
|
|
|
|
Wilpena-Pound (SA)
|
$257.10
|
|
|
|
Wollongong (NSW)
|
$241.10
|
|
|
|
Wonthaggi (VIC)
|
$235.10
|
|
|
|
Yulara (NT)
|
$453.10
|
|
|
26.8.2
|
Tier 2 country centres
|
Per day
|
|
|
|
|
|
|
|
|
Albany (WA)
|
$224.30
|
|
|
|
Alice Springs (NT)
|
$224.30
|
|
|
|
Ararat (VIC)
|
$224.30
|
|
|
|
Armidale (NSW)
|
$224.30
|
|
|
|
Bairnsdale (VIC)
|
$224.30
|
|
|
|
Bathurst (NSW)
|
$224.30
|
|
|
|
Bordertown (SA)
|
$224.30
|
|
|
|
Bright (VIC)
|
$224.30
|
|
|
|
Broken Hill (NSW)
|
$224.30
|
|
|
|
Bundaberg (QLD)
|
$224.30
|
|
|
|
Castlemaine (VIC)
|
$224.30
|
|
|
|
Ceduna (SA)
|
$224.30
|
|
|
|
Cocos (Keeling) Islands
|
$224.30
|
|
|
|
Coffs Harbour (NSW)
|
$224.30
|
|
|
|
Cooma (NSW)
|
$224.30
|
|
|
|
Dubbo (NSW)
|
$224.30
|
|
|
|
Emerald (QLD)
|
$224.30
|
|
|
|
Esperance (WA)
|
$224.30
|
|
|
|
Gosford (NSW)
|
$224.30
|
|
|
|
Goulburn (NSW)
|
$224.30
|
|
|
|
Hamilton (VIC)
|
$224.30
|
|
|
|
Hervey Bay (QLD)
|
$224.30
|
|
|
|
Horsham (VIC)
|
$224.30
|
|
|
|
Innisfail (QLD)
|
$224.30
|
|
|
|
Kadina (SA)
|
$224.30
|
|
|
|
Kingaroy (QLD)
|
$224.30
|
|
|
|
Mildura (VIC)
|
$224.30
|
|
|
|
Mount Gambier (SA)
|
$224.30
|
|
|
|
Mudgee (NSW)
|
$224.30
|
|
|
|
Muswellbrook (NSW)
|
$224.30
|
|
|
|
Naracoorte (SA)
|
$224.30
|
|
|
|
Orange (NSW)
|
$224.30
|
|
|
|
Port Augusta (SA)
|
$224.30
|
|
|
|
Portland (VIC)
|
$224.30
|
|
|
|
Port Lincoln (SA)
|
$224.30
|
|
|
|
Port Macquarie (NSW)
|
$224.30
|
|
|
|
Queanbeyan (NSW)
|
$224.30
|
|
|
|
Renmark (SA)
|
$224.30
|
|
|
|
Rockhampton (QLD)
|
$224.30
|
|
|
|
Roma (QLD)
|
$224.30
|
|
|
|
Seymour (VIC)
|
$224.30
|
|
|
|
Swan Hill (VIC)
|
$224.30
|
|
|
|
Tamworth (NSW)
|
$224.30
|
|
|
|
Tennant Creek (NT)
|
$224.30
|
|
|
|
Toowoomba (QLD)
|
$224.30
|
|
|
|
Tumut (NSW)
|
$224.30
|
|
|
|
Wagga Wagga (NSW)
|
$224.30
|
|
|
|
Warnambool (VIC)
|
$224.30
|
|
|
|
Whyalla (SA)
|
$224.30
|
|
|
|
|
|
|
|
|
|
|
|
|
26.8.2
|
Other country centres
|
$204.30
|
|
|
26.8.2
|
Incidental expenses when claiming actual
|
$17.30
|
|
|
|
expenses - all locations
|
|
|
|
26.11
|
Daily allowance payable after 35 days and up to 6
|
50% of the
|
|
|
|
months in the same location - all locations
|
appropriate
|
|
|
|
|
location rate
|
|
3
|
26.8.1
|
Incidental expenses
|
$17.30
|
|
4
|
34.2.1
|
Camping allowance
|
Per night
|
|
|
34.2.1
|
Established camp
|
$28.55
|
|
|
34.2.2
|
Non established camp
|
$37.75
|
|
|
|
Additional allowance for staff who camp in
|
|
|
|
|
excess of 40 nights per year
|
$9.00
|
|
5
|
35.2
|
Composite allowance (per day)
|
$136.10
|
|
6
|
|
Use of private motor vehicle
|
Cents per
|
|
|
|
|
kilometre
|
|
|
36.3
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
75.0
|
|
|
|
1601cc-2600cc
|
74.0
|
|
|
|
1600cc or less
|
63.0
|
|
|
36.3
|
Casual rate (40% of official business rate)
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
30.0
|
|
|
|
1601cc-2600cc
|
29.6
|
|
|
|
1600cc or less
|
25.2
|
|
|
|
Motor cycle allowance (50% of the 1600cc or less
|
|
|
|
|
official business rate)
|
31.5
|
|
|
36.7
|
Towing trailer or horse float (13% of the
|
|
|
|
|
2601cc and over official business rate)
|
9.75
|
|
|
|
|
|
|
7
|
|
Camping equipment allowance
|
Per night
|
|
|
38.2
|
Camping equipment allowance
|
$28.20
|
|
|
38.3
|
Bedding and sleeping bag
|
$4.70
|
|
8
|
|
Remote areas allowance
|
Per annum
|
|
|
|
With dependants
|
|
|
|
39.2.1
|
- Grade A
|
$1806 pa
|
|
|
39.2.2
|
- Grade B
|
$2396 pa
|
|
|
39.2.3
|
- Grade C
|
$3199 pa
|
|
|
|
Without dependants
|
|
|
|
39.2.1
|
- Grade A
|
$1260 pa
|
|
|
39.2.2
|
- Grade B
|
$1679 pa
|
|
|
39.2.3
|
- Grade C
|
$2240 pa
|
|
9
|
40.1
|
Assistance to staff members stationed in a remote
|
|
|
|
|
area when travelling on recreation leave
|
|
|
|
|
By private motor vehicle
|
Appropriate
|
|
|
|
|
casual
|
|
|
|
|
rate up to a
|
|
|
|
|
maximum
|
|
|
|
|
of 2850 kms
|
|
|
|
|
less
|
|
|
|
|
$44.55
|
|
|
|
Other transport - with dependants
|
Actual
|
|
|
|
|
reasonable
|
|
|
|
|
expenses in
|
|
|
|
|
excess
|
|
|
|
|
of $44.55 and
|
|
|
|
|
up
|
|
|
|
|
to $298.25
|
|
|
|
Other transport - without dependants
|
Actual
|
|
|
|
|
reasonable
|
|
|
|
|
expenses in
|
|
|
|
|
excess
|
|
|
|
|
of $44.55 and
|
|
|
|
|
up
|
|
|
|
|
to $147.30
|
|
|
|
Rail travel
|
Actual rail fare
|
|
|
|
|
less
|
|
|
|
|
$44.55
|
|
10
|
41
|
Insurance cover
|
Up to $A 1,173
|
|
11
|
42.2
|
Exchanges
|
Actual cost
|
|
12
|
43.1
|
Room at home used as office
|
$823 pa
|
|
13
|
92.1.1
|
On-call (stand-by) and on-call allowance
|
|
|
|
|
(effective ffpp on or after 1 July 2011)
|
0.84 per hour
|
|
14
|
45
|
Flying allowance (effective ffpp on or after
|
$17.90 per hour
|
|
|
|
1 July 2011)
|
|
|
15
|
46.1
|
Uniforms, protective clothing and laundry allowance
|
$4.35 per week
|
|
16
|
48.1
|
Garage and carport allowance
|
Per annum
|
|
|
|
- Garage allowance
|
$582 pa
|
|
|
|
- Carport allowance
|
$129 pa
|
|
17
|
50.1
|
Community language allowance scheme
|
Per annum
|
|
|
|
(effective ffpp on or after 1 July 2011)
|
|
|
|
|
- Base Level Rate
|
$1194 pa
|
|
|
|
- Higher Level Rate
|
$1794 pa
|
|
18
|
51.1
|
First aid allowance (effective ffpp on or after
|
Per annum
|
|
|
|
1 July 2011)
|
|
|
|
|
- Holders of basic qualifications
|
$769 pa
|
|
|
|
- Holders of current occupational first aid
|
|
|
|
|
certificate
|
$1155 pa
|
|
19
|
94.1
|
Overtime meal allowances
|
Effective 1 July
|
|
|
|
|
2011
|
|
|
|
Breakfast
|
$26.45
|
|
|
|
Lunch
|
$26.45
|
|
|
|
Dinner
|
$26.45
|
|
|
|
Supper
|
$9.80
|
NB: In adjusting expense related and salary related allowances,
annual rates are adjusted to the nearest dollar, weekly and daily rates are
rounded to the nearest 5 cents, and hourly rates are moved to the nearest cent
(except for the flying allowance which is moved to the nearest 10 cents).
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.