Crown Employees (School Administrative and Support
Staff) Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Department of Education.
(Case No. 227698 of 2022)
|
Before Chief Commissioner Constant
Commissioner Sloan
Commissioner Webster
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11 October 2022
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Definitions
3. Anti-Discrimination
4. Classifications
5. Rates of Pay
and Allowances
6. Vacation
Pay
7. Incremental
Progression
8. Hours
9. Meal
Breaks
10. Lactation
Breaks
11. Appointments
12. Training
and Development
13. Higher
Duties Allowance
14. Performance
Management
15. Alternate
Work Organisation
16. Dispute and
Grievance Resolution Procedures
17. Leave
18. Leave for
Matters Arising from Domestic Violence
19. Travelling
Compensation and Excess Travelling Time
20. Overtime
21. Transferred
Employees’ Compensation
22. Deduction
of Association Membership Fees
23. No Further
Claims and No Industrial Action
24. Secure
Employment
25. Short Term
Temporary Employee Entitlements
26. Consultation
27. Production of Receipts
28. Allowance Payable for Use of Private Motor
Vehicle
29. Damage to Private Motor Vehicle Used for
Work
30. Allowance for Living in a Remote Area
31. Assistance to Employees Stationed in a
Remote Area When Travelling on Recreation Leave
32. Community Language Allowance Scheme (CLAS)
33. Area,
Incidence and Duration
PART B
Schedule 1 - School Administrative and Support - Rates of
Pay
Schedule 2- School Administrative and Support Staff -
Allowances
2. Definitions
2.1 "Aboriginal
Education Officer" means a classification of School Administrative and
Support Staff for whom the requirement of Aboriginality is a legitimate
occupational qualification under section 14(d) of the Anti-Discrimination Act 1977.
2.2 "Act"
means the Education (School
Administrative and Support Staff) Act 1987.
2.3 "Additional
hours" means those hours worked by School Administrative and Support Staff
(excluding Business Managers) beyond the normal hours of duty set out in Clause
8. Hours as required by the principal, up to 7 hours per day and to a maximum
of 35 hours per week.
2.4 "Association"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
2.5 "Averaging
of hours" means the arrangement approved by the principal under which a
permanent or long term temporary employee works their
normal total working hours over a ten week period (a school term) and is
entitled to be absent for a maximum of one day during that period provided that
the hours worked by the employee over the school term are equivalent to the
total actual working hours required for that period.
2.6 "Centre"
means a Departmental centre which provides instruction to students, such as a
distance education centre, environmental education centre or intensive English
centre.
2.7 "Continuous
employment" means employment for a specific number of hours per week for
each week of the school year, which may be broken by school vacations and any
approved leave which counts as service.
2.8 "Department"
means the New South Wales Department of Education.
2.9 "Domestic
Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
2.10 "Employee"
means any person employed as a member of the School Administrative and Support
Staff.
2.11 "Equivalent
full-time" means the number of full-time and part-time employees allocated
to a school converted to a full-time equivalent.
2.12 "Full-time
employee" means any person employed as a member of the School
Administrative and Support Staff who works 31.25, 33.33 or 35 hours per week
or, in the case of a former Library Clerical Assistant covered by the 1988
agreement, 36.25 hours per week.
2.13 "Industrial
Relations Commission" means the Industrial Relations Commission of New
South Wales established by the Industrial
Relations Act 1996.
2.14 "Long-term
temporary employee" means a member of the School Administrative and
Support Staff employed by the Secretary in an assignment on a temporary basis,
either full-time or part-time, under section 21 of the Act, for a period in excess of one school term.
2.15 "Part-time
employee" means any person employed as a member of the School
Administrative and Support Staff who works less than 31.25, 33.33 or 35 hours
per week.
2.16 "Permanent
employee" means a member of the School Administrative and Support Staff
employed on a permanent basis by the Secretary in the service of the Crown
under section 8 of the Act.
2.17 "Principal"
means the principal of a Department school.
2.18 "School"
means a Department school where instruction is
provided by the Department and includes any place designated as part of, or as
an annex to, such school.
2.19 "School
Administrative and Support Staff" means and includes persons employed as
Aboriginal Education Officers, Business Managers, School Administrative
Officers, School Administrative Managers, School Learning Support Officers,
School Learning Support Officers (Pre-School), School Learning Support Officers
(Vision Support, Hearing Support, Bilingual) and School Learning Support
Officers (Student Health Support).
2.20 "School day" means any weekday during school terms, as
specified by the Secretary.
2.21 "School for
specific purposes" means a school which is classified as such by the
Secretary and is established under the Education
Act 1990 to provide education for students with disabilities.
2.22 "Secretary"
means the Secretary of the Department of Education.
2.23 "Service"
means service as determined by the Secretary.
2.24 "Short-term
temporary employee" means a member of the School Administrative and
Support Staff employed by the Secretary in an assignment on a temporary basis,
either full time or part-time, under section 21 of the Act, for a period of one
school term or less.
2.25 "Western,
Central and Eastern Divisions" means those areas of New South Wales as
described in Section 4 of the Crown Lands
Act 1989.
3. Anti-Discrimination
3.1 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.
3.2 It follows that,
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
3.3 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.
3.4 Nothing in this
clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
3.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
3.5 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.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
4. Classifications
Classification Structure
4.1 The
classification structure for School Administrative and Support Staff is as
follows:
|
Classification
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Level
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School Administrative Manager
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SAM 1
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School Administrative Manager
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SAM 2
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School Administrative Manager
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SAM 3
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School Administrative Manager
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SAM 4
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School Administrative Officer
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SAO
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School Learning Support Officer and School Learning
Support Officer (Vision Support, Hearing Support, Bilingual)
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SLSO 1
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SLSO 2
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SLSO 3
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SLSO 4
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|
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School Learning Support Officer (Pre-School)
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SLSO PS 1
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SLSO PS 2
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SLSO PS 3
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SLSO PS 4
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School Learning Support Officer (Student Health Support)
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SLSO SHS
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Aboriginal Education Officer
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AEO 1
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AEO 2
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AEO 3
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AEO 4
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Business Manager 1
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BM 1.1
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BM 1.2
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BM 1.3
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BM 1.4
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Business Manager 2
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BM 2.1
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BM 2.2
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BM 2.3
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BM 2.4
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4.2 School
Administrative Manager
The classification of School Administrative Manager is
comprised of four levels;
The level of a School Administrative Manager position
is determined as follows:
|
Level
|
No.
of equivalent full-time School Administrative Manager and School Administrative
Officers allocated to the school by staffing formula
|
|
Level 1
|
Less
than 1.4
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Level 2
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1.4
- less than 1.8
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Level 3
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1.8
- less than 10
|
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Level 4
|
10
or more
|
The level for a School Administrative Manager in a
school for specific purposes is determined as follows:
(a) A notional number
of students is determined by multiplying the number of effective full-time
teaching staff to which a school for specific purposes is entitled by 30.
(b) The notional
number of students is then applied to the primary school allocation formula to
determine a notional number of School Administrative Managers and School
Administrative Officers and thus which level of School Administrative Manager
is to apply.
4.3 Business Manager
4.3.1 The
classification of Business Manager is comprised of two levels:
(i) Business
Manager (BM 1)
(ii) Business
Manager (BM 2)
4.3.2 The
classifications of Business Manager are independent from each other.
4.3.3 There is no
automatic progression from the BM 1 classification to the BM 2 classification.
4.4 Classification
Descriptors
4.4.1 School
Administrative Manager - is responsible for the efficient management of school
financial and administrative systems and the supervision and training of school
administration officers. Managing the provision of support for school
activities and routines, including student welfare and wellbeing, and works
with the school principal, school executive and teaching staff as required.
4.4.2 School Administrative
Officer - provides administrative, financial, student welfare/wellbeing support
and assistance in relation to office and classroom activities, including but
not limited to the following school settings: the office, sick bay, library,
science laboratory, and food technology/kitchen areas.
4.4.3 School Learning
Support Officer - provides support for students with identified diverse needs
including disability in classrooms and other learning environments under the
direction and supervision of a teacher to support the achievement of
educational outcomes. This support includes student welfare, health and
wellbeing activities as required. In addition, School Learning Support Officers
may provide specific support for students in the following streams or settings:
pre-school, vision support, hearing support, bilingual.
4.4.4 School Learning
Support Officer (Student Health Support) - provides support for students with
identified diverse needs including disability in classrooms and other learning
environments under the direction and supervision of a teacher to support the
achievement of educational outcomes. The main focus of
the School Learning Support Officer (Student Health Support) is the performance
of health support as required so that students can participate in and access
education programs.
4.4.5 Aboriginal
Education Officer - provides assistance to teachers,
Aboriginal students and their families to support improved learning, welfare
and wellbeing outcomes for Aboriginal students.
4.4.6 Business Manager
- works with the school principal and school executive to manage school
operational needs including but not limited to administration, asset
management, procurement, finance and health and safety.
4.5 School
Administrative and Support Staff who commence employment with the Department
will commence at the relevant classification level in accordance with this
clause as follows:
4.5.1 School Learning Support Officers and School Learning Support
Officers (Vision Support, Hearing Support, Bilingual) will commence at the SLSO
1 classification level;
4.5.2 School Learning Support Officers (Pre-School) will commence at the
SLSO PS 1 classification level;
4.5.3 School Learning Support Officers (Student Health Support) will
commence at the SLSO SHS classification level;
4.5.6 Aboriginal Education Officers will commence at the AEO 1
classification level;
4.5.7 Business Managers 1 will commence at the BM 1.1 classification level; and
4.5.8 Business Managers 2 will commence at the BM 2.1 classification
level.
5. Rates of Pay and
Allowances
5.1 The rates of pay
are paid to classifications of School Administrative and Support Staff in
accordance with this clause and Schedule 1 of Part B.
5.2 The rates of pay
and allowances for all School Administrative and Support Staff are set out in
Schedule 1 and Table 1 of Schedule 2 apply for the duration of this award and
includes an increase of 2.53% from the first pay period commencing on or after
15 July 2022.
5.3 The hourly rates
of pay for permanent employees set out in Schedule 1 of Part B provide for 26
equal pays over the period of a year as follows:
|
Hourly
rate
|
x
|
weekly
hours of work
|
x
|
52.17857
|
|
|
|
26
|
|
|
5.4 Long term
temporary employees will be paid the same rate of pay during school vacation as
during school terms.
5.5 Permanent and long term temporary employees’ extended leave and maternity
leave will be paid at the hourly rate of pay specified in Schedule 1 multiplied
by 1.058.
5.6 Permanent and long term temporary employees’ overtime as provided at
subclause 20.1 rates, of clause 20, Overtime, will be paid at the hourly rate
of pay specified in schedule 1 multiplied by 1.058.
5.7 A short-term
temporary employee's hourly rate of pay is determined by multiplying the hourly
rate of pay of a permanent employee by 1.15.
This loaded hourly rate of pay incorporates a payment in lieu of a
recreation leave entitlement.
5.8 Salary Packaging
Arrangements, including Salary Sacrifice to Superannuation
5.8.1 The entitlement
to salary package in accordance with this clause is available to:
(i) ongoing
full-time and part-time employees;
(ii) temporary
employees, subject to the Department’s convenience; and
(iii) casual
employees, subject to the Department’s convenience, and limited to salary
sacrifice to superannuation in accordance with 5.8.7.
5.8.2 For the purposes
of this clause:
(i) "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 5, Rates of Pay and Allowances, of this Award, and any other payment
that can be salary packaged in accordance with Australian taxation law.
(ii) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but
are not limited to, taxes, compulsory superannuation payments, HECS payments, child
support payments, and judgement debtor/garnishee orders.
5.8.3 By mutual
agreement with the Department, an employee may elect to package a part or all of their post compulsory deduction salary in order to
obtain:
(i) a
benefit or benefits selected from those approved by the Department; and
(ii) an amount equal
to the difference between the employee’s salary, and the amount specified by
the Department for the benefit provided to or in respect of the employee in
accordance with such agreement.
5.8.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
5.8.5 The agreement
will be known as a Salary Packaging Agreement.
5.8.6 Except in
accordance with 5.8.7, a Salary Packaging Agreement must be recorded in writing
and must be for a period of time as mutually agreed
between the employee and the Department at the time of signing the Salary
Packaging Agreement.
5.8.7 Where an employee
makes an election to sacrifice a part or all of their
post compulsory deduction salary as additional employer superannuation
contributions, the employee may elect to have the amount sacrificed:
(i) paid
into the superannuation fund established under the First State Superannuation Act 1992; or
(ii) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(iii) subject to the
Department’s agreement, paid into another complying superannuation fund.
5.8.8 Where the
employee makes an election to salary sacrifice, the employer must pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
5.8.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(i) Police Regulation (Superannuation) Act 1906;
(ii) Superannuation Act 1916;
(iii) State Authorities Superannuation Act
1987; or
(iv) State Authorities Non-contributory
Superannuation Act 1987, the employee’s Department must ensure that the
employee’s superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
5.8.10 Where
the employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in 5.8.9 of this clause, the employee’s
Department must continue to base contributions to that fund on the salary
payable as if the Salary Packaging Agreement had not been entered into. This
clause applies even though the superannuation contributions made by the
Department may be in excess of superannuation
guarantee requirements after the salary packaging is implemented.
5.8.11 Where
the employee makes an election to salary package:
(i) subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
(ii) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, must be calculated by reference to the rate of pay
which would have applied to the employee under clause 5, Rates of Pay and
Allowances, or Part B of this Award if the Salary Packaging Agreement had not
been entered into.
5.8.12 The
Department may vary the range and type of benefits available from time to time following discussion with the Association. Such
variations apply to any existing or future Salary Packaging Agreement from date
of such variation.
5.8.13 The
Department will determine from time to time the value of the benefits provided
following discussion with the Association. Such variations apply to any
existing or future Salary Packaging Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
5.9 Allowances for
First Aid, Administration of Medications and Health Support
5.9.1 A
first aid allowance as set out in Table 1 of Schedule 2, Part B is payable to
approved employees holding a current St John Ambulance First Aid Certificate or
its equivalent for undertaking first-aid duties in accordance with the
employee’s statement of duties.
5.9.2 An
administration of medications allowance as set out in
Table 1 of Schedule 2, Part B is payable to employees required to administer
medications upon completion of appropriate training. The allowance is paid only on days worked.
5.9.3 A health support allowance as set out in
Table 1 of Schedule 2, Part B is payable to School Learning Support Officers
(upon completion of appropriate training) who perform health support for
students as identified and approved by the Principal.
The allowance is paid only on days worked:
(i) to permanent or long
term temporary employees per occasion for periods of up to 4 consecutive
days;
(ii) to
short term temporary employees as necessary; and
(iii) to
permanent or long term temporary employees who work on
an occasion that extends beyond 4 consecutive days, and who are not eligible
for payment of the higher duties allowance pursuant to clause 13 of this award.
Note: permanent or long term temporary employees who work beyond 4 consecutive
days and are eligible for payment of the higher duties allowance under clause
13 of this award will be paid pursuant to that clause in lieu of this
allowance.
5.9.4 For the
purposes of clause 5.9.3, an SLSO may only provide health support for students:
(i) to
relieve for an SLSO(SHS); or
(ii) to relieve for
an absent SLSO(SHS).
5.10 Other Allowances
5.10.1 Other
allowances provided for under this award are listed in Table 2 of Schedule 2,
Part B.
5.10.2 Allowances
listed in Table 2 of Schedule 2, Part B and the relevant cities and centres are
adjusted in accordance with the provisions of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009 or successor award, or as
approved from time to time by the Secretary of the Department of Premier and
Cabinet.
6. Vacation Pay
(i) When
a permanent or long term temporary employee is not
required to work during a school vacation, the permanent or long term temporary
employee is paid during the vacation for the number of days calculated using
the following formula:
Where:
"N" is
the number of paid vacation days the employee has accrued for a vacation
"S" is
the number of days of service during the preceding school term;
"T" is
the number of term days during the school year in the Eastern and Western
Vacation Division as appropriate; and
"C" is
the number of student vacation days in the Eastern or Western Vacation Division
as appropriate.
(ii) Where at the
commencement of a vacation, a SAS staff member has an accrued entitlement in excess of the length of that student vacation, the SAS
staff member is paid only for the period of the student vacation. The accrued
entitlement in excess of the length of the student
vacation is carried over for payment in the term 4 vacation.
(iii) Periods of paid
leave count as worked days.
7. Incremental
Progression
7.1 The payment of
increments, where applicable, under the rates of pay prescribed in Schedule 1
of Part B is subject to approval by the Secretary's delegate.
7.2 Subject to
satisfactory performance, permanent and temporary School Learning Support Officers and School Learning Support Officers (Vision
Support, Hearing Support, and Bilingual), School Learning Support Officers
(Pre-School), and Aboriginal Education Officers, may progress along the
relevant incremental rate of pay scale as follows:
7.2.1 Permanent
employees, irrespective of the number of hours worked in a week, are eligible
to receive an increment at the completion of each year of continuous
employment.
7.2.2 Temporary
employees continuously employed, irrespective of the number of hours worked in
a week, are eligible to receive an increment at the completion of each year of
continuous employment.
7.3 Subject to
satisfactory performance, permanent and temporary Business Managers (BM1) may
progress along the BM 1 incremental rate of pay scales as follows:
7.3.1 Permanent
employees, irrespective of the number of hours worked in a week, are eligible
to receive an increment at the completion of each year of continuous
employment.
7.3.2 Temporary
employees continuously employed, irrespective of the number of hours worked in
a week, are eligible to receive an increment at the completion of each year of
continuous employment.
7.4 Subject to
satisfactory performance, permanent and temporary Business Managers (BM2) may
progress along the BM 2 incremental rate of pay scales as follows:
7.4.1 Permanent
employees, irrespective of the number of hours worked in a week, are eligible
to receive an increment at the completion of each year of continuous
employment.
7.4.2 Temporary
employees continuously employed, irrespective of the number of hours worked in
a week, are eligible to receive an increment at the completion of each year of
continuous employment.
8. Hours
8.1 The normal hours
of work for full-time employees are 31 hours and 15 minutes per week between
7.30 am and 6.00 pm on school days, provided that:
8.1.1 School
Administrative Managers work 33 hours 20 minutes per week;
8.1.2 former Library Clerical
Assistants covered by the 1988 agreement may continue to work 36 hours 15
minutes per week.
8.1.3 Business Managers
work 35 hours per week.
8.2 Starting and
finishing times of employees are determined by the principal to suit the needs
of the school and in accordance with the span of hours in clause 8.1 following
discussions with an employee or employees.
8.3 Normal hours of
work must be structured to avoid broken periods of duty, i.e.
there must be no split shifts.
8.4 The actual hours
worked by an employee in any week may, by agreement between the principal and
the employee, be averaged over periods of up to 10 weeks between the hours of
7.30 am and 6.00 pm; provided that the total hours worked in a 10 week must not
exceed:
8.4.1 312 hours 30
minutes for employees working 31 hours 15 minutes per week; or
8.4.2 333 hours 20
minutes for employees working 33 hours 20 minutes per week; or
8.4.3 350 hours for
full-time employees working 35 hours per week; or
8.4.4 362 hours 30
minutes for full-time employees working 36 hours 15 minutes per week.
The pattern of hours worked by an employee under such
an arrangement must be approved by the principal taking into
account the needs of the school.
8.5 The provisions
of the Department’s Flexible Working Hours Agreement 2019 and any successor
agreements do not apply to employees covered under this award.
8.6 Averaging of
hours arrangements are not available to School Learning Support Officer
classifications as these roles work directly with students in the classroom.
8.7 Additional Hours
8.7.1 School
Administrative and Support Staff (excluding Business Managers) are entitled to
be paid for additional hours as required at the direction of the principal or
their delegate. The working of such additional hours must be as directed by the
principal or their delegate.
8.7.2 Full-time
permanent and long term temporary members of the
school administrative and support staff, can work additional hours above their
normal hours of work of 6 hours 15 minutes for School Administrative Officers,
School Learning Support Officers, Aboriginal Education Officers and 6 hours 40
minutes for School Administrative Managers up to 7 hours per day.
8.7.3 For part time
permanent and long term temporary members of school
administrative and support staff, hours worked up to 6 hours 15 minutes for
School Administrative Officers, School Learning Support Officers, Aboriginal
Education Officers and 6 hours 40 minutes for School Administrative Managers
are remunerated at the standard rate of pay and accrue vacation pay as per
subclause 5.4.
8.7.4 The rate of
payment for additional hours worked beyond 6 hours 15 minutes for School Administrative
Officers, School Learning Support Officers, Aboriginal Education Officers and 6 hours 40 minutes for School Administrative
Managers for up to 7 hours per day will be calculated by applying a loading of
15% to the standard hourly rate and will not accrue any vacation or leave
entitlements.
9. Meal Breaks
9.1 Employees who
work not less than four hours per day are entitled to an unpaid lunch break of
not less than 30 minutes each day.
9.2 Employees who
work more than two hours from the commencement of the school day are entitled
to a paid morning tea break of 10 minutes each day.
9.3 To meet the
needs of the school, the principal may vary the time at which the lunch and
morning tea breaks are taken and may stagger lunch breaks.
10. Lactation Breaks
10.1 This clause
applies to employees who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any
other rest period and meal break as provided for in this award.
10.2 A full time
employee or a part-time employee 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.
10.3 A part-time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
10.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their supervisor provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for a flexibility,
a supervisor needs to balance the operational requirements of the organisation
with the lactating needs of the employee.
10.5 The Department
must provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
10.6 Other suitable
facilities, such as refrigeration and a sink, must be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the supervisor and employee
will take place to attempt to identify reasonable alternative arrangements for
the employee's lactation needs.
10.7 Employees experiencing
difficulties in effecting the transition from home-based breastfeeding to the
workplace will have telephone access in paid time to a free breastfeeding
consultative service, such as that provided by the Australian Breastfeeding
Association's Breastfeeding Helpline Service or the Public Health System.
10.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with subclause 17.9, Sick Leave, of this
award or where applicable, through the operation of the provisions of subclause
8.4 of this award.
11. Appointments
11.1 The appointment
procedures in place as at the date of the making of this award will continue
for a period of up to 12 months from the date of the making of this award.
11.2 The Department
will consult with the Association on the development and implementation of the
new appointment and employment procedures.
11.3 The new appointment
and employment procedures developed in accordance with subclause 11.2 will
commence after the expiration of the period referred to in subclause 11.1.
12. Training and
Development
12.1 The Department
and the Association confirm a commitment to training and development for all
employees. Employees recognise their
obligation to maintain and update their skills.
The Department recognises its obligation to provide employees with
opportunities to maintain and update their skills.
12.2 Employees will be
provided with opportunities for training and development so that they will form
a highly skilled, competent and committed workforce,
experiencing job satisfaction and providing high quality service.
12.3 Training and
development will be based on:
12.3.1 identified
capabilities in accordance with the NSW Public Sector Capability Framework;
12.3.2 a
focus on both current and future job needs and career path planning; and
12.3.3 recognition
of each person's prior learning and building on this through the acquisition of
new competencies.
12.4 Employees
attending approved training and development activities during the hours of 7.30
am to 6.00 pm on a school day are regarded as being on duty.
12.5 Approved training
and development activities will be conducted, wherever possible, during the
hours of 7.30 am to 6.00 pm on a school day.
When employees attend departmentally approved training activities
conducted outside these hours, they are eligible to be paid overtime in
accordance with provisions contained in clause 20, Overtime.
12.6 Employees are
entitled to reimbursement of any actual necessary expenses regarding travel,
meals and accommodation incurred in attending training and development
activities.
13. Higher Duties
Allowance
13.1 A permanent or
long-term temporary employee who is directed to carry out a period of relief in
a higher position for a period of five consecutive days or more must be paid a
higher duties allowance subject to:
13.1.1 satisfactory
performance of the whole of the duties and assuming the whole of the
responsibilities which would ordinarily be performed and assumed by the
employee appointed to that position; and
13.1.2 the
allowance paid will be the difference between the present rate of pay of the
employee and the rate of pay to which they would have been entitled if
appointed to that position; or
13.1.3 where
the employee does not assume the whole of the duties and responsibilities of
the position, the amount of any allowance will be determined by the principal
as a proportion of the duties and responsibilities which are satisfactorily
undertaken.
13.2 Employees who
have relieved continuously for 12 calendar months or more, inclusive of school
vacation periods, in the same higher-graded position are eligible for the
payment of higher duties allowance for any leave which is taken during the
ongoing period of relief.
14. Performance
Management
14.1 The objective of
performance management is to enhance the performance of the Department and to
support the career development and aspirations of employees. All employees need to understand the role,
accountabilities and performance standards that are expected of them. All employees are entitled to feedback and
constructive support to improve performance.
15. Alternate Work
Organisation
15.1 The Department
and the Association agree to facilitate flexible work organisation in schools
as follows:
15.1.1 The
principal or employees in a school or other workplace may seek to vary its
organisation in order to improve service to students
and/or to improve employees’ working arrangements, provided that:
(i) the
proposal can be implemented within the school's current overall staffing
entitlement or funded from the school’s budget allocation;
(ii) consultation is
undertaken with staff in accordance with the provisions of clause 26,
Consultation of this award;
(iii) consultation
with, parents, and relevant community groups is undertaken where appropriate;
and
(iv) consideration is
given to equity and gender and family issues involved in the proposal.
16. Dispute and
Grievance Resolution Procedures
16.1 Subject to the
provisions of the Industrial Relations
Act 1996, should any dispute (including a question or difficulty) about an
industrial matter arise, then the following procedures apply:
16.1.1 Should
any dispute, question or difficulty arise as to matters occurring in a
particular workplace, then the employee and/or Association workplace
representative will raise the dispute, question or
difficulty with the principal/supervisor as soon as practicable.
16.1.2 The
principal/supervisor will discuss the matter with the employee and/or
Association representative within two working days with a view to resolving the
dispute, question or difficulty or by negotiating an
agreed method and time frame for proceeding.
16.1.3 Should
the above procedure be unsuccessful in producing a resolution of the dispute,
question or difficulty or should the matter be of a nature which involves
multiple workplaces, then the individual employee or the Association may raise
the matter with an appropriate officer of the Department with a view to
resolving the dispute, question or difficulty or negotiating an agreed method
and time frame for proceeding.
16.1.4 Where
the procedures in paragraph 16.1.3 of this subclause do not lead to resolution
of the dispute, question or difficulty, the matter will be referred to the
Executive Director of Employee Relations of the Department and the General
Secretary of the Association. They or
their nominees will discuss the dispute, question or
difficulty with a view to resolving the matter or by negotiating an agreed
method and time frame for proceeding.
16.1.5 Should
the above procedures not lead to a resolution, then either party may make
application to the Industrial Relations Commission of New South Wales.
17. Leave
17.1 Adoption,
Maternity and Parental Leave
17.1.1 Maternity
leave applies to an employee who is pregnant and, subject to this clause the
employee is entitled to be granted maternity leave as follows:
(i) For
a period up to 9 weeks prior to the expected date of birth; and
(ii) For a further
period of up to 12 months after the actual date of birth.
(iii) An employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
17.1.2 Adoption
leave applies to an employee adopting a child and who will be the primary care
giver, the employee is entitled to be granted adoption leave as follows:
(i) For
a period of up to 12 months if the child has not commenced school at the date
of the taking of custody; or
(ii) For such
period, not exceeding 12 months on a full-time basis, as the Secretary may
determine, if the child has commenced school at the date of the taking of
custody.
(iii) An employee is
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 or family and
community service leave, or organised through hours averaging provisions if
applicable.
17.1.3 Parental
leave applies to male and female staff to look after his/her child or children
where maternity or adoption leave does not apply. Parental leave applies for a
period not exceeding 12 months. Parental
leave may commence 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 or at any time up to 2 years
from that date.
17.1.4 An
employee taking maternity or adoption leave is entitled to payment at the
ordinary rate of pay for a period of 14 weeks, an employee entitled to parental
leave is entitled to payment at the ordinary rate of pay for a period of up to
1 week, provided the employee:
(i) Applied
for maternity, adoption or parental leave within the
time and in the manner determined set out in paragraph 17.1.9 of this clause;
and
(ii) Prior to the
commencement of maternity, adoption or parental leave,
completed not less than 40 weeks' continuous service.
(iii) Payment for the
maternity, adoption or parental 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.
17.1.5 Payment
for maternity, adoption or parental leave is at the rate applicable when the
leave is taken. An employee holding a full-time position who is on part time
leave without pay when they start leave is paid:
(i) at
the full-time rate if they began part time leave 40 weeks or less before
starting maternity, adoption or parental leave;
(ii) at the part
time rate if they began part time leave more than 40 weeks before starting
maternity, adoption or parental leave and have not changed their part time work
arrangements for the 40 weeks;
(iii) 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.
17.1.6 An
employee 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:
(i) at
the rate (full-time or part time) they were paid before commencing the initial
leave if they have not returned to work; or
(ii) 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
(iii) at a rate based
on the hours worked prior to the subsequent period of leave where the staff
member has not reduced their hours.
17.1.7 Except
as provided in paragraphs 17.1.4, 17.1.5 and 17.1.6 of this clause, maternity, adoption or parental leave is granted without pay.
17.1.8 Right
to request
(i) An
employee who has been granted maternity, adoption or
parental leave in accordance with paragraphs 17.1.1, 17.1.2 or 17.1.3 may make
a request to the Secretary to:
(a) extend the
period of simultaneous unpaid leave use up to a maximum of eight weeks in cases
where partners wish to take maternity/adoption leave and parental leave;
(b) extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(c) return from a
period of full time maternity, adoption or parental
leave on a part time basis until the child reaches school age (Note: returning
to work from maternity, adoption or parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the employee in reconciling work and parental
responsibilities.
(ii) The Secretary
must consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Secretary’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
17.1.9 Notification
Requirements
(i) When
the Secretary is made aware that an employee or their spouse is pregnant or
adopting a child the Secretary must inform the employee of their entitlements
and their obligations under the Award.
(ii) An employee who
wishes to take maternity, adoption or parental leave must notify the Secretary
in writing at least 8 weeks (or as soon as practicable) before the expected
commencement of maternity, adoption or parental leave:
(a) that she/he
intends to take maternity, adoption or 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 paragraph 17.1.8.
(iii) At least 4
weeks before an employee's expected date of commencing maternity, adoption or parental leave they must advise:
(a) the date on
which the maternity, adoption or parental leave is intended to start, and
(b) the period of
leave to be taken.
(iv) Employee’s
request and the Secretary’s decision to be in writing.
The employee’s request and the Secretary’s decision
made under 17.1.9(i) and 17.1.9(ii) must be recorded
in writing.
(v) An employee intending
to request to return from maternity, adoption or parental leave on a part time
basis or seek an additional period of leave of up to 12 months must notify the
Secretary in writing as soon as practicable and preferably before beginning
maternity, adoption or 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 Secretary agrees.
(vi) An employee on
maternity leave is to notify the Secretary of the date on which she gave birth
as soon as she can conveniently do so.
(vii) An employee must
notify the Secretary as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.
(viii) An employee on
maternity or adoption leave may change the period of leave or arrangement, once
without the consent of the Secretary and any number of times with the consent
of the Secretary. In each case she/he must give the Secretary at least 14 days notice of the change unless the Secretary decides
otherwise.
17.1.10 An
employee has the right to her/his former position if she/he has taken approved
leave or part time work in accordance with paragraph 17.1.8, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
17.1.11 If the
position occupied by the employee immediately prior to the taking of maternity,
adoption or parental leave has ceased to exist, but there are other positions
available that the employee is qualified for and is capable
of performing, the employee must be appointed to a position of the same
grade and classification as the employee’s former position.
17.1.12 An
employee who has returned to full time duty without exhausting their
entitlement to 12 months unpaid maternity, adoption or 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 Secretary) must be given.
17.1.13 An
employee who is sick during her pregnancy may take available paid sick leave or
accrued recreation or extended leave or sick leave without pay. An employee 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.
17.1.14 An
employee may elect to take available recreation leave or extended leave within
the period of maternity, adoption or parental leave provided this does not
extend the total period of such leave.
17.1.15 An
employee may elect to take available recreation leave at half pay in conjunction
with maternity, adoption or parental leave subject to:
(i) accrued
recreation leave at the date leave commences is exhausted within the period of
maternity, adoption or parental leave
(ii) the total
period of maternity, adoption or parental leave, is
not extended by the taking of recreation leave at half pay
(iii) when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay is 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.
17.1.16 If, for
any reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Secretary should, in consultation with the employee, 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.
17.1.17 If such
adjustments cannot reasonably be made, the Secretary must grant the employee
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, whichever is the earlier.
17.1.18 Communication
during maternity, adoption or parental leave
(i) Where
an employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the Secretary
must 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 employee held
before commencing maternity, adoption or parental
leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or parental
leave.
(ii) The employee
must take reasonable steps to inform the Secretary about any significant matter
that will affect the employee’s decision regarding the duration of maternity, adoption or parental leave to be taken, whether the employee
intends to return to work and whether the employee intends to request to return
to work on a part time basis.
(iii) The employee
must also notify the Secretary of changes of address or other contact details
which might affect the Secretary’s capacity to comply with subparagraph
17.1.18(i).
17.2 Annual Leave
Loading
17.2.1 A
permanent or long-term temporary employee is entitled to payment of an annual
leave loading of 17½ per cent on the monetary value of up to four weeks'
recreation leave accrued in a leave year, subject to the provisions set out in
paragraphs 17.2.2 to 17.2.7 of this subclause.
17.2.2 For
the calculation of the annual leave loading, the leave year commences on 1
December each year and ends on 30 November of the following year.
17.2.3 In the
case of a permanent or long-term temporary employee with less than twelve
months service as at 30 November, entitlement is
calculated on a pro rata basis.
17.2.4 Where
additional leave is accrued by a permanent or long-term temporary employee
stationed in an area of the State of New South Wales which attracts a higher
rate of annual leave accrual, the annual leave loading will continue to be paid
on a maximum of four weeks' leave.
17.2.5 Payment
of the annual leave loading is made on the recreation leave accrued during the
previous leave year.
17.2.6 Except
in cases of voluntary redundancy proportionate leave loading is not payable on cessation
of employment.
17.2.7 Payment
occurs in the next pay period ending on or after 1 December.
17.3 Extended Leave
17.3.1 A permanent
or long-term employee is entitled to extended leave of 44 working days on full
pay after completing 10 years of service and a further 11 working days for each
completed year of service after 10 years.
17.3.2 Payment
for extended leave for permanent employees is calculated using the hourly rates
designated in Schedule 1 multiplied by a factor of 1.058.
17.3.3 Part-time
permanent and long-term temporary employees receive a pro rata proportion of
the full-time entitlement.
17.3.4 Permanent
and long term temporary employees with 7 years or more
service are entitled to take (or be paid out on resignation) extended leave.
The amount of leave available is that which would have applied if pro rata
leave was granted.
17.3.5 Public
holidays that fall whilst a permanent or long term
temporary employee is on a period of extended leave are paid and not debited
from an employee’s leave entitlement.
17.3.6 Permanent
and long term temporary employees with an entitlement
to extended leave may elect to take leave at double pay.
17.4 Family and
Community Service Leave
17.4.1 The
Secretary must grant to a permanent or long term
temporary employee 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 paragraph 17.4.2 of this
subclause. The Secretary may also grant leave for the purposes in paragraph
17.4.3 of this subclause. Non-emergency appointments or duties must be
scheduled or performed outside of normal working hours or through approved use
of appropriate leave.
17.4.2 Such
unplanned and emergency situations may include, but not be limited to, the
following:
(i) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(ii) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(iii) Emergency or
weather conditions; such as when flood, fire, snow or
disruption to utility services etc., threatens a staff members property and/or
prevents a staff member from reporting for duty;
(iv) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by childcare providers;
(v) Attendance at court
by a staff member to answer a charge for a criminal offence, only if the
Secretary considers the granting of family and community service leave to be
appropriate in a particular case.
17.4.3 Family
and community service leave may also be granted for:
(i) An
absence during normal working hours to attend meetings, conferences or to
perform other duties, for staff members holding office in Local Government, and
whose duties necessitate absence during normal working hours for these
purposes, provided that the staff member does not hold a position of Mayor of a
Municipal Council, President of a Shire Council or Chairperson of a County
Council; and
(ii) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
17.4.4 Family
and community service leave accrues as follows:
(i) two
and a half days in the staff members first year of service;
(ii) two and a half
days in the staff members second year of service; and
(iii) one day per
year thereafter.
17.4.5 If
available family and community service leave is exhausted as
a result of natural disasters, the Secretary must consider applications
for additional family and community service leave, if some other emergency
arises. On the death of a person defined in paragraph 17.7.3 of this clause,
additional paid family and community service leave of
up to two days may be granted on a discrete, per occasion basis to a permanent
or long-term temporary employee
17.4.6 In
cases of illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subclause 17.7 of this clause
must be granted when paid family and community service leave has been exhausted
or is unavailable.
17.5 Leave Without Pay
17.5.1 The
Secretary may grant leave without pay to a permanent or long-term temporary
employee if good and sufficient reason is shown.
17.5.2 Leave
without pay may be granted on a full-time or a part-time basis.
17.5.3 For
leave up to and including a period of 12 months, a permanent employee has a
right of return to the same school at their same classification. For periods in excess of
12 months and up to and including three years, a permanent employee has a right
of return to the nearest suitable vacancy to their previous school.
17.5.4 Leave
without pay may be granted to long-term temporary employees, provided it does not
extend beyond the end of the school year in which it is taken.
17.5.5 Where
a permanent or long-term temporary employee is granted leave without pay for a
period not exceeding 10 consecutive working days, the employee must be paid for
any proclaimed public holidays falling during such leave without pay.
17.5.6 Where
a permanent or long-term temporary employee is granted leave without pay which,
when aggregated, does not exceed five working days in a period of 12 months,
such leave counts as service for incremental progression and accrual of
recreation leave.
17.5.7 A
permanent or long-term temporary employee who has been granted leave without
pay must not engage in private employment of any kind during the period of
leave without pay, unless prior approval has been
obtained from the Secretary.
17.5.8 A
permanent or long-term temporary employee is not required to exhaust accrued
paid leave before proceeding on leave without pay but, if the employee elects
to combine all or part of accrued paid leave with leave without pay, the paid
leave must be taken before leave without pay.
17.5.9 A
permanent appointment may be made to the employee’s position if:
(i) the
leave without pay has continued or is likely to continue beyond the original
period of approval and is for a total period of more than 12 months; and
(ii) the employee is
advised of the Secretary’s proposal to permanently backfill their position; and
(iii) the employee is
given a reasonable opportunity to end the leave without pay and return to their
position; and
(iv) the Secretary
advised the employee at the time of the subsequent approval that the position
will be filled on a permanent basis during the period of leave without pay.
17.5.10 The
position cannot be filled permanently unless the above criteria are satisfied.
17.5.11 The
employee does not cease to be employed by the Secretary if their position is
permanently backfilled.
17.5.12 Paragraph
17.5.9 of this subclause does not apply to full time unpaid parental leave
granted in accordance with subclause 17.1 Adoption, Maternity and Parental
Leave or to military leave.
17.6 Military Leave
17.6.1 During
the period of 12 months commencing on 1 July each year, the Secretary may grant
to a permanent or long-term temporary employee 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 conducted by the employee’s unit.
17.6.2 In
accordance with the Defence Reserve
Service (Protection) Act 2001 (Cth), it is
unlawful to prevent an employee from rendering or volunteering to render, ordinary
Defence Reserve Service.
17.6.3 Up to
24 working days' military leave per financial year may be granted by the
Secretary 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 paragraph 17.6.1 of this subclause.
17.6.4 The
Secretary may grant an employee 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.
17.6.5 An
employee who is requested by the Australian Defence Forces to provide
additional military services requiring leave in excess of
the entitlement specified in subclause 17.6.3 of this subclause may be granted
Military Leave Top Up Pay by the Secretary.
17.6.6 Military
Leave Top Up Pay is calculated as the difference between an employee’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
17.6.7 During
a period of Military Leave Top up Pay, an employee
will continue to accrue sick leave, recreation and extended leave entitlements,
and Departments are to continue to make superannuation contributions at the
normal rate.
17.6.8 At the
expiration of military leave, the employee must furnish to the principal a
certificate of attendance signed by the commanding officer or other responsible
officer.
17.7 Personal Carers
Leave
Use of Sick Leave to Care for a Family Member
Where family and community service leave provided for
in subclause 17.4 of this clause is exhausted or unavailable, a permanent or
long-term temporary employee with responsibilities in relation to a category of
person set out in paragraph 17.7.3 of this subclause who needs the employee's
care and support, may elect to use available paid sick leave, subject to the
conditions specified in this subclause, to provide such care and support when a
family member is ill.
17.7.1 The
sick leave is initially taken from the sick leave accumulated over the previous
three years. In special circumstances, the Secretary may grant additional sick
leave from the sick leave accumulated during the employee’s eligible service.
17.7.2 If
required by the Secretary to establish the illness of the person concerned, the
employee must provide evidence consistent with paragraph 17.10.1 of this
clause.
17.7.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the
employee being responsible for the care and support of the person concerned;
and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster
parent or legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this 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.
Use of recreation leave to care for a family member
17.7.4 A
permanent or long term temporary employee may elect,
with the consent of the Secretary, to take recreation leave not exceeding 10
days in single day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
17.7.5 A
permanent or long term temporary employee may elect,
with the consent of the Secretary, to take recreation leave at any time within
a period of 24 months from the date at which it falls due.
17.8 Recreation Leave
17.8.1 Full-time
permanent and long-term temporary employees accrue 20 days' recreation leave
per year. Full-time permanent and long-term temporary employees in the central
and western divisions of New South Wales accrue 25 days' recreation leave per
year.
17.8.2 Part-time
permanent and long-term temporary employees receive a pro rata proportion of
the full-time entitlement.
17.8.3 Recreation
leave for permanent or long-term temporary employees is paid during the initial
four weeks (five weeks central and western divisions) of the summer school
holidays (excluding public holidays).
17.9 Sick Leave
17.9.1 If the
Secretary is satisfied that a permanent or long-term temporary employee is
unable to perform duty because of the employee’s illness or the illness of a
member of their family, the Secretary:
(i) must
grant to the employee sick leave on full pay; and
(ii) may grant to
the employee sick leave without pay if the absence exceeds the entitlement of
the employee under this award to sick leave on full pay.
17.9.2 Payment
for sick leave is subject to the employee:
(i) informing
their principal as soon as reasonably practicable that they are unable to
perform duty because of illness. This must be done as close to the employee’s
starting time as possible; and
(ii) providing
evidence of illness as soon as practicable if required by subclause 17.10 of
this clause.
17.9.3 The
Secretary may direct an employee to participate in a return
to work program if the employee has been absent on a long period of sick
leave.
17.9.4 The
Secretary may direct an employee to take sick leave if they are satisfied that,
due to the employee’s illness, the employee:
(i) is
unable to carry out their duties without distress; or
(ii) risks further
impairment of their health by reporting for duty; or
(iii) is a risk to
the health, wellbeing or safety of other employees, Departmental clients or members of the public.
17.9.5 Entitlements.
An employee appointed from the date of the commencement of this award variation
will immediately commence accruing sick leave in accordance with this clause.
Employees at the time of this award variation will accrue sick leave in
accordance with this clause from the beginning of the 2011 school year.
(i) At
the commencement of employment with the Department, a full-time employee is
granted an accrual of five days sick leave.
(ii) After the first
four months of employment, the employee accrues sick leave at the rate of ten
working days per year for the balance of the first year of service.
(iii) After the first
year of service, the employee accrues sick leave day to day at the rate of 15
working days per year of service.
(iv) All continuous
service as a permanent or long-term temporary employee is taken
into account for the purpose of calculating sick leave due. Where the service is not continuous, previous
periods of service are taken into account for the
purpose of calculating sick leave due if the previous sick leave records are
available.
(v) Sick leave
without pay counts as service for the accrual of
recreation leave and paid sick leave.
(vi) When determining
the amount of sick leave accrued, sick leave granted on less than full pay is
converted to its full pay equivalent.
17.9.6 Paid
sick leave which may be granted to a permanent and long-term temporary employee
in the first three months of service is limited to five days'
paid sick leave, unless the Secretary approves otherwise. Paid sick leave in excess
of five days granted in the first three months of service must be
supported by a satisfactory medical certificate.
17.9.7 No
paid sick leave is to be granted to short-term temporary employees.
17.10 Sick Leave -
Requirements for Medical Certificate
17.10.1 A
permanent or long-term temporary employee absent from duty for more than two
consecutive working days because of illness must furnish evidence of illness to
the Secretary in respect of the absence.
17.10.2 In
addition to the requirements under paragraph 17.9.2, an employee may absent
themselves for a total of five working days due to illness without the
provision of evidence of illness to the Secretary. Employees who absent
themselves in excess of five working days in a
calendar year may be required to furnish evidence of illness to the Secretary
for each occasion absent for the balance of the calendar year.
17.10.3 As a
general practice, backdated medical certificates will not be accepted. However,
if an employee 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
Secretary is satisfied that the reason for the absence is genuine.
17.10.4 If an employee
is required to provide evidence of illness for an absence of two consecutive
working days or less, the Secretary will advise them in advance.
17.10.5 If the
Secretary is concerned about the diagnosis described in the evidence of illness
produced by the employee, after discussion with the employee, the evidence
provided and the employee’s application for leave can be referred to the
Department’s nominated medical assessor for advice.
(i) The
type of leave granted to the employee will be determined by the Secretary based
on the advice of the Government or other approved medical assessor.
(ii) If sick leave
is not granted, the Secretary will, as far as practicable, take
into account the wishes of the employee when determining the type of
leave granted.
17.10.6 The
granting of paid sick leave is subject to the employee providing evidence which
indicates the nature of the illness or injury and the estimated duration of the
absence. If an employee is concerned about disclosing the nature of the illness
to their principal they may elect to have the
application for sick leave dealt with confidentially by an alternate supervisor
or the human resources section of the Department.
17.10.7 The
reference in this subclause to evidence of illness applies, as appropriate:
(i) up
to one week may be provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillo facial
surgeon or, at the Secretary's discretion, another registered health services
provider; or
(ii) where the
absence exceeds one week and, unless the health provider listed in (i) above is also a registered medical practitioner,
applications for any further sick leave must be supported by a medical
certificate from a registered medical practitioner; or
(iii) at the
Secretary’s discretion, other forms of evidence that satisfy that an employee
had a genuine illness.
17.10.8 If a
permanent or long-term temporary employee who is absent on recreation or
extended leave furnishes to the Secretary a satisfactory medical certificate in
respect of an illness which occurred during the leave, the Secretary may grant
sick leave to the employee if the period set out in the medical certificate is
five working days or more.
17.10.9 Paragraph
17.10.7 of this subclause applies to all permanent or long-term temporary
employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services
amounts to a retirement.
17.11 Sick Leave -
Workers Compensation
17.11.1 Pending
the determination of an employee’s workers compensation claim and on production
of an acceptable medical certificate, the Secretary must grant sick leave on
full pay for which the employee is eligible, followed, if necessary, by sick
leave without pay or, at the employee’s election, by accrued recreation leave
or extended leave.
17.11.2 If
liability for the workers compensation claim is accepted, then an equivalent
period of any sick leave taken by the employee pending acceptance of the claim
must be restored to the credit of the employee.
17.11.3 A
permanent or long-term temporary employee 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 employee's ordinary rate of
pay. Sick leave utilised in this way is
debited against the employee.
17.11.4 Before
approving the use of sick leave in this subclause, the Department 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:
(i) participate
and cooperate in the establishment of the required injury management plan for
the staff member;
(ii) comply with
obligations imposed on the staff member by or under the injury management plan
established for the staff member;
(iii) 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;
(iv) authorise the
nominated treating doctor to provide relevant information to the insurer or the
Department for the purposes of the injury management plan; and
(v) make all
reasonable efforts to return to work as soon as possible, having regard to the
nature of the injury.
17.11.5 If an
employee notifies the Secretary that he or she does not intend to make a claim
for any such compensation, the Secretary must consider the reasons for the
employee's decision and determine whether, in the circumstances, it is
appropriate to grant sick leave in respect of any such absence.
17.11.6 A
permanent or long-term temporary employee 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 an employee refuses to submit to
a medical examination without an acceptable reason, the employee must not be
granted available sick leave on full pay until the examination has occurred and
a medical certificate is issued indicating that the employee is not fit to
resume employment.
17.11.7 If the
Secretary provides the permanent or long-term temporary employee with
employment which meets the terms and conditions specified in the medical
certificate issued under the Workers
Compensation Act 1987 and, without good reason, the employee fails, to
resume or perform such duties, the employee will be ineligible for all payments
in accordance with this clause from the date of the refusal or failure.
17.12 Sick Leave - other
than Workers Compensation
17.12.1 If the
circumstances of any injury to or illness of a permanent or long-term temporary
employee 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 employee on completion of an
acceptable undertaking that:
(i) any
such claim, if made, will include a claim for the value of any period of paid
sick leave granted by the Department to the employee; and
(ii) in the event that the employee receives or recovers damages
or compensation pursuant to that claim for loss of salary or wages during any
such period of sick leave, the employee will repay to the Department the
monetary value of any such period of sick leave.
17.12.2 Sick
leave on full pay must not be granted to a permanent or long-term temporary
employee who refuses or fails to complete an undertaking, except in cases where
the Secretary is satisfied that the refusal or failure is unavoidable.
17.12.3 On
repayment to the Department of the monetary value of sick leave granted to the
employee, sick leave equivalent to that repayment and calculated at the
employee’s ordinary rate of pay must be restored to the credit of the employee.
17.13 Study Assistance
17.13.1 The Secretary
has the power to grant or refuse study time.
17.13.2 Where
the Secretary approves the grant of study time, the grant is subject to:
(i) The
course being a course relevant to the Department and/or the public service; and
(ii) The time being
taken at the convenience of the Department.
17.13.3 Study
assistance of up to three hours per week may be granted on full pay to
permanent or long-term temporary employees who are studying on a part-time
basis.
17.13.4 Approval
of study assistance will be at Departmental convenience. Study assistance may
be used for:
(i) attending
compulsory lectures or tutorials, where these are held during working hours;
and/or
(ii) necessary
travel outside working hours to attend lectures, tutorials, etc., held during or
outside working hours; and/or
(iii) private study
for an approved course.
17.13.5 Subject
to the convenience of the school or centre, permanent or long-term temporary
employees may choose to accumulate part or all of
their hours of study assistance to attend compulsory field days or residential
schools.
17.13.6 Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the Department.
17.13.7 Where at
the commencement of an academic year/semester an employee elects to accrue
study time and that employee 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.
17.13.8 Employees
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.
17.13.9 Where
an employee 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.
17.13.10 Employees
studying in semester based courses may vary their
election as to accrual or otherwise from semester to semester.
17.13.11 Correspondence
Courses - Study time for employees 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.
17.13.12 Repeated
subjects - Study time will not be granted for repeated subjects.
17.13.13 Expendable
grant - Study time if not taken at the nominated time is 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.
17.13.14 Examination
Leave - Examination leave is granted as special leave for all courses of study
approved in accordance with this clause.
17.13.15 The
period granted as examination leave includes:
(i) Time
actually involved in the examination;
(ii) 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.
17.13.16 The
examination leave is to be granted for deferred examinations and in respect of
repeat studies.
17.13.17 Study
Leave - Study leave for full-time study is granted to assist those employees 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.
17.13.18 All
employees are eligible to apply and no prior service
requirements are necessary.
17.13.19 Study
leave is to be granted without pay, except where the Secretary approves
financial assistance. The extent of financial assistance to be provided will be
determined by the Secretary according to the relevance of the study to the
workplace and may be granted up to the amount equal to full salary.
17.13.20 Where
financial assistance is approved by the Secretary for all or part of the study
leave period, the period counts as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
employee.
17.13.21 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.
17.14 Special Leave
17.14.1 Jury
Service
(i) A
permanent or long-term temporary employee must, as soon as possible, notify the
Secretary of the details of any jury summons served on the employee.
(ii) A permanent or
long-term temporary employee who, during any period when required to be on
duty, attends a court in answer to a jury summons must, upon return to duty
after discharge from jury service, furnish to the Secretary a certificate of
attendance issued by the Sheriff or by the Registrar of the court giving
particulars of attendances by the employee during any such period and the
details of any payment or payments made to the employee under section 72 of the
Jury Act 1977 in respect of any such
period.
(iii) When a
certificate of attendance on jury service is received in respect of any period
during which a permanent or long-term temporary employee was required to be on
duty, the Secretary must grant, in respect of any such period for which the
employee has been paid out-of-pocket expenses only, special leave on full
pay. In any other case, the Secretary
must grant, at the sole election of the employee, available recreation leave on full pay or leave without pay.
17.14.2 Witness
at Court - Official Capacity
When a permanent or long-term temporary employee is
subpoenaed or called as a witness in an official capacity, the employee is
regarded as being on duty.
Salary and any expenses properly and reasonably
incurred by the employee in connection with the employee’s appearance at Court
as a witness in an official capacity are paid by the Department.
17.14.3 Witness
at Court - Other than in Official Capacity - Crown Witness
A permanent or long-term temporary employee 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) must:
(i) be
granted, for the whole of the period necessary to attend as such a witness,
special leave on full pay; and
(ii) pay into the
Treasury of the State of New South Wales all money paid to the employee 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.
17.14.4 Called
as a Witness in a Private Capacity
A permanent or long-term temporary employee who is
subpoenaed or called as a witness in a private capacity must, for the whole of
the period necessary to attend as such a witness, be granted at the employee's
election, leave without pay.
17.14.5 Examinations
Special leave on full pay up to a maximum of five days
in any one year will be granted to permanent or long-term temporary employees
for the purpose of attending at any examination approved by the Secretary.
Special leave granted to attend examinations includes
leave for any necessary travel to or from the place at which the examination is
held.
17.14.6 Association
Activities
Special leave on full pay may be granted to permanent
or long-term temporary employees who are accredited trade union delegates to
undertake approved trade union activities as specified below:
(i) annual
or biennial conferences of the Association;
(ii) meetings of the
Association’s Executive, Committee of Management or Council;
(iii) annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
(iv) attendance at
meetings called by the Unions NSW involving a public sector trade union which
requires attendance of a delegate;
(v) attendance at
meetings called by the Department as and when required;
(vi) giving evidence
before an industrial tribunal as a witness for the Association;
(vii) reasonable travelling
time to and from conferences or meetings to which the provisions of this
subclause apply.
17.14.7 Training
Courses
The following training courses will attract the grant
of special leave as specified below:
(i) Accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S
training for WH&S Committee members.
(ii) 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
two 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 employee or the association;
(d) attendance
being confirmed in writing by the Association or a nominated training provider.
17.14.8 Return
Home when Temporarily Living Away from Home
Sufficient special leave must be granted to a permanent
or long-term temporary employee who is temporarily living away from home as a result of work requirements to return home once each
month to enable such employees to spend two days and two nights with their
family. If the employee wishes to return home more often, they may be granted
extended leave or leave without pay, if the operational requirements allow.
17.14.9 Return
Home when Transferred to New Location
Special leave must be granted to a permanent or
long-term temporary employee 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 or successor
instrument.
17.14.10 A
permanent or long-term temporary employee who identifies as an Aboriginal
person or a Torres Strait Islander may be granted up to one day’s special leave
per year to enable the employee to participate in the National Aborigines and
Islander Day of Commemoration (NAIDOC) week celebrations.
17.14.11 Matters
arising from domestic violence situations.
When the leave entitlements referred to in clause 18,
Leave for Matters Arising from Domestic Violence, have been exhausted, the
Secretary must 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.
17.14.12 Special Leave – Other Purposes
Special leave on
full pay may be granted to employees by the Secretary for such other purposes,
subject to the conditions specified in the Non-Teaching Staff in Schools
Handbook at the time the leave is taken.
17.15 Purchased Leave
17.15.1 An
employee may apply to enter into an agreement with the Department to purchase
either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
(i) Each
application will be considered subject to operational requirements and personal
needs and will take into account the Department's
business needs and work demands.
(ii) The leave must
be taken in the 12 month period specified in the
Purchased Leave Agreement and will not attract any leave loading.
(iii) The leave will
count as service for all purposes.
17.15.2 The
purchased leave will be funded through the reduction in the employee's ordinary
rate of pay.
(i) Purchased
leave rate of pay means the rate of pay an employee receives when their
ordinary salary rate has been reduced to cover the cost of purchased leave.
(ii) To calculate the
purchased leave rate of pay, the employee'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.
17.15.3 Purchased
leave is subject to the following provisions:
(i) The
purchased leave cannot be accrued and will be refunded where it has not been
taken in the 12 month period.
(ii) 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.
(iii) Sick leave
cannot be taken during a period of purchased leave.
(iv) The purchased
leave rate of pay will be the salary for all purposes including superannuation.
(v) Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the employee's hourly rate based on the ordinary rate of pay.
(vi) Higher Duties
Allowance will not be paid when a period of purchased leave is taken.
17.15.4 Specific
conditions governing purchased leave may be amended from time to time by the
Department in consultation with the Association. The Department may make
adjustments relating to its salary administration arrangements.
18. Leave for Matters
Arising from Domestic Violence
18.1 The definition of
domestic violence is found in clause 2.9, Definitions, of this award.
18.2 Leave
entitlements provided for in subclause 17.4, Family and Community Service
Leave, 17.7, Personal Carers Leave, and 17.9, Sick Leave, may be used by an
employee experiencing domestic violence.
18.3 Where the leave
entitlements referred to in subclause 18.2 are exhausted, the Secretary must
grant Special Leave as per paragraph 17.14.11.
18.4 The Secretary
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.
18.5 Personal information
concerning domestic violence will be kept confidential by the agency.
18.6 The Secretary,
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.
19. Travelling
Compensation and Excess Travelling Time
19.1 Travelling
Compensation
19.1.1 Any
authorised official travel and associated expenses, properly and reasonably
incurred by an employee required to perform duty at a location other than their
normal headquarters must be met by the Department.
19.1.2 The
Secretary must require employees to obtain an authorisation for all official
travel prior to incurring any travel expense.
19.1.3 Where
available at a particular centre or location, the overnight accommodation to be
occupied by employees who travel on official business must be the middle of the
range standard, referred to generally as three star or three diamond standard of accommodation.
19.1.4 Where
payment of a proportionate amount of an allowance applies in terms of this
clause, the amount payable is the appropriate proportion of the daily rate. Any
fraction of an hour must be rounded off to the nearest half-hour.
19.1.5 The
Department will elect whether to pay the accommodation directly or whether an
employee should pay the accommodation and be compensated in accordance with
this clause. Where practicable,
employees must obtain prior approval when making their own arrangements for
overnight accommodation.
19.1.6 Subject
to paragraph 19.1.14 of this clause, an employee who is required by the
Secretary to work from a temporary work location must be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred during
the time actually spent away from the employee's
residence in order to perform the work.
19.1.7 If
meals are provided by the Government at the temporary work location, the
employee is not entitled to claim the meal allowance.
19.1.8 For
the first 35 days, the payment is:
(i) where
the Department elects to pay the accommodation provider the employee receives:
(a) the appropriate
meal allowance in accordance with Item 1 in Table 2 of Schedule 2, Part B; and
(b) incidentals as set
out in Item 4 in Table 2 of Schedule 2, Part B; and
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
(ii) where the
Department elects not to pay the accommodation provider the employee must elect
to receive either:
(a) the appropriate
rate of allowance specified in Item 3 in Table 2 of Schedule 2, Part B 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 3 in Table 2 of Schedule 2, Part B.
19.1.9 Payment
of the appropriate allowance for an absence of less than 24 hours may be made
only where the employee satisfies the Secretary that, despite the period of
absence being of less than 24 hours duration, expenditure for accommodation and
three meals has been incurred.
19.1.10 Where
an employee is unable to so satisfy the Secretary, the allowance payable for
part days of travel is limited to the expenses incurred during such part day
travel.
19.1.11 After
the first 35 days - If an employee is required by the Secretary to work in the
same temporary work location for more than 35 days, the employee must be paid
the appropriate rate of allowance as specified at Item 3 in Table 2 of Schedule
2, Part B.
19.1.12 Long
term arrangements - As an alternative to the provisions after the first 35 days
set out in paragraph 19.1.11 of this subclause, the Department could make
alternative arrangements for meeting the additional living expenses, properly and
reasonably incurred by an employee working from a temporary work location.
19.1.13 The
return of an employee to their home at weekends, on rostered days off or during
short periods of leave while working from a temporary work location does not
constitute a break in the temporary work arrangement.
19.1.14 This
clause does not apply to employees who have initiated working at another
location.
19.2 Excess Travelling
Time
19.2.1 A
permanent or long-term temporary employee directed by the Secretary to travel
on official business outside the usual hours of duty is entitled to apply and
to be compensated for such time either by:
(i) payment
calculated in accordance with the provisions contained in this subclause; or
(ii) if it is operationally
convenient, by taking equivalent time off in lieu to be granted for excess time
spent in travelling on official business.
19.2.2 Compensation
under subparagraphs 19.2.1(i) or 19.2.1(ii) of this
subclause is subject to the following conditions:
(i) on
a non-working day - all time spent travelling on official business;
(ii) on a working
day - subject to the provisions of subclause 19.2.5 of this clause, all
additional time spent travelling before or after the employee's normal hours of
duty;
(iii) period for
which compensation is being sought is more than a quarter of an hour on any one
day.
19.2.3 No
compensation for travelling time is to be given in respect of travel between
11.00 pm on any one day and 7.30 am on the following day where the employee has
travelled overnight and sleeping facilities have been provided for the
employee.
19.2.4 Compensation
for travelling time is to be granted only in respect of the time that might
reasonably have been taken by the use of the most
practical and economic means of transport.
19.2.5 Compensation
for excess travelling time excludes the following:
(i) time
normally taken for the periodic journey from home to headquarters and return;
(ii) any periods of
excess travel of less than 30 minutes on any one day;
(iii) 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;
(iv) time from 11.00
pm on one day to 7.30 am on the following day if sleeping facilities have been provided;
(v) travel not
undertaken by the most practical available route;
(vi) working on board
ship where meals and accommodation are provided;
(vii) travel overseas.
19.2.6 Waiting
Time
When a permanent or long-term temporary employee is
required to wait for transport in order to commence a
journey to another location or to return to headquarters and such time is
outside the normal hours of duty, such waiting time is treated and compensated
in the same manner as travelling time.
19.2.7 Payment
Payment for travelling time calculated according to
paragraphs 19.2.1 and 19.2.3 of this subclause is at the employee’s ordinary
rate of pay on an hourly basis calculated as follows:
|
Annual
salary
|
x
|
5
|
x
|
1
|
|
|
|
260.89
|
|
Normal
hours of work
|
19.2.8 The
rate of payment for travel or waiting time on a non-working day is the same as
that applying to a working day.
19.2.9 Time off
in lieu or payment for excess travelling time or waiting time will not be
granted or made for more than eight hours in any period of 24 consecutive
hours.
19.2.10 Meal
Allowances
A permanent or long-term temporary employee who is
authorised by the Secretary to undertake a one-day journey on official business
which does not require the employee to obtain overnight accommodation is paid
the following allowances as described at Item 1 in Table 2 of Schedule 2, Part
B:
(i) breakfast
when required to commence travel at or before 6.00 am and at least one hour
before the prescribed starting time;
(ii) an evening meal
when required to travel until or beyond 6.30 pm; and
(iii) 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
employee’s normal headquarters at the time of taking the normal lunch break.
20. Overtime
20.1 Rates - Overtime
is paid at the following rates:
20.1.1 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:
(i) For
employees, working under the hours averaging provisions of subclause 8.4 of
clause 8, Hours, who are directed to work overtime after 6.00 pm on a weekday
following seven hours of normal work.
(ii) For employees not
working under the hours averaging provisions of the said subclause 8.4, who are
directed to work overtime on a weekday following seven hours of normal work.
20.1.2 Saturday
- All overtime directed to be 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.
20.1.3 Sundays
-All overtime directed to be worked on a Sunday at the rate of double time.
20.1.4 Public
Holidays - All overtime directed to be worked on a public holiday at the rate
of double time and one half.
20.2 If an employee is
absent from duty on any working day during any week in which directed overtime
has been worked, the time so lost may be deducted from the total amount of
overtime worked during the week unless the employee has been granted leave of
absence or the absence has been caused by circumstances beyond the employee’s
control.
20.3 An employee who
works directed overtime on a Saturday, Sunday or public holiday is paid a
minimum payment as for three hours' work at the appropriate rate.
20.4 Meal Breaks and
Allowances
20.4.1 An
employee who works directed overtime is entitled to a meal break as follows:
(i) an
employee not working under the averaging of hours scheme as provided at
subclause 8.4 of clause 8, Hours, who is required to work overtime on weekdays
for 1½ hours or more after the employee’s ordinary hours of duty, is allowed 30
minutes for a meal and thereafter, 30 minutes for a meal after every five hours
of overtime worked;
(ii) an employee
working under the averaging of hours scheme as provided at the said subclause
8.4, who is required to work overtime on weekdays beyond 6.00 pm and until or
beyond 8½ hours after commencing duty plus the time taken for lunch, is allowed
30 minutes for a meal and thereafter, 30 minutes for a meal after every five
hours of overtime worked;
(iii) an employee
required to work overtime on a Saturday, Sunday or public holiday is allowed 30
minutes for a meal after every five hours of overtime worked.
20.4.2 Meal
allowances are set out in Item 2 in Table 2 of Schedule 2, Part B and are
payable for meal breaks taken as above, if an adequate meal has not been
provided by the Department and:
(i) the
time worked is directed overtime;
(ii) the employee
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
(iii) where the
employee was able to cease duty for at least 30 minutes before or during the working
of overtime to take the meal, the employee did so;
(iv) overtime is not
being paid in respect of the time taken for the meal break.
20.5 Rest Periods
20.5.1 An
employee who works overtime is entitled to be absent until eight consecutive
hours have elapsed.
20.5.2 Where
an employee, at the direction of the supervisor, resumes or continues work
without having had eight consecutive hours off duty, then such employee must be
paid at the appropriate overtime rate until released from duty. The employee is then entitled to eight
consecutive hours off duty and must be paid for the ordinary working time
occurring during the absence.
20.6 Recall to Duty
20.6.1 An
employee recalled to work overtime after leaving the
employer’s premises must be paid for a minimum of three hours' work at the
appropriate overtime rates.
20.6.2 The
employee is not required to work the full three hours if the job can be
completed within a shorter period.
20.6.3 A
recall to duty commences when the employee 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.
20.6.4 An
employee recalled to duty within three hours of the commencement of usual hours
of duty must be paid at the appropriate overtime rate from the time of recall
to the time of commencement of such normal work.
20.6.5 This
subclause does not apply in cases where it is customary for an employee to
return to the Department’s premises to perform a specific job outside the
employee’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 does not attract the minimum payment of three hours unless the
actual time worked is three or more hours.
21. Transferred
Employees’ Compensation
21.1 The provisions of
the Crown Employees (Transferred Employees Compensation) Award, or successor
instruments, will apply to permanent and long-term temporary employees.
22. Deduction of
Association Membership Fees
22.1 The Association
must provide the Department with a schedule setting out union fortnightly membership
fees payable by members of the Association in accordance with the Association’s
rules.
22.2 The Association
must advise the Department of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable must be provided to the Department at least one month in advance of the
variation taking effect.
22.3 Subject to
subclauses 22.1 and 22.2 of this clause, the Department must deduct union
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the Department to make such deductions.
22.4 Monies so
deducted from employees’ pay will be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ union membership accounts.
22.5 Unless other
arrangements are agreed to by the Department and the Association, all
Association membership fees are to be deducted on a fortnightly basis.
22.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause will be read
as requiring the employee to make a fresh authorisation in
order for such deductions to continue.
23. No Extra Claims
23.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there are to be no further claims/demands or
proceedings instituted before the NSW Industrial Relations Commission for extra
or reduced wages, rates of pay, allowances or
conditions of employment with respect to the Employees covered by the Award
that take effect prior to 14 July 2023 by a party to this Award.
24. Secure Employment
24.1 Work Health and
Safety
24.1.1 For
the purposes of this subclause, the following definitions apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or
services for that other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise
have been carried out by that other employer’s own employees.
24.1.2 Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises must do the
following (either directly, or through the agency of the labour hire or
contract business):
(i) consult
with employees of the labour hire business and/or contract business regarding
the workplace work health and safety consultative arrangements;
(ii) provide employees
of the labour hire business and/or contract business with appropriate work
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(iii) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
24.1.3 Nothing
in this subclause 24.1 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
24.2 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter must be dealt with pursuant to the disputes settlement procedure of this award.
24.3 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 or any successor
body.
25. Short Term
Temporary Employee Entitlements
25.1 Other than as
described under subclauses 25.3, 25.4, 25.5 and 25.6 of this clause,
short term temporary employees are not entitled to any other paid or unpaid
leave.
25.2 As set out in
subclause 5.7, the short term temporary rates of pay
incorporate a payment in lieu of a recreation leave entitlement.
25.3 Short term
temporary employees will be entitled to Long Service Leave in accordance with
the provisions of the Long Service Leave
Act 1955.
25.4 Short term temporary
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, Section 54, Entitlement to Unpaid Parental Leave, Industrial Relations Act 1996, if they
meet the definition of a regular casual employee (see section 53(2) of the Industrial Relations Act 1996). The following provisions also apply in
addition to those set out in the Industrial
Relations Act 1996 (NSW).
25.4.1 The
Secretary must not fail to re-engage a short term
temporary employee who meets the definition of a regular casual employee
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 short term temporary employees are
not affected, other than in accordance with this clause.
25.5 Personal Carers
Entitlement for short term temporary employees
25.5.1 Short
term temporary 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
17.7.3 of the 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 below in 25.5.4, and the notice
requirements set out in 25.5.5.
24.5.2 The
Secretary and the short term temporary employee must
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 short term
temporary employee is not entitled to any payment for the period of
non-attendance.
25.5.3 The
Secretary must not fail to re-engage a short term
temporary employee because the employee accessed the entitlements provided for
in this clause. The rights of an
employer to engage or not to engage a short term
temporary employee are otherwise not affected.
25.5.4 The short term temporary employee must, if required:
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness
is such as to require care by another person, or
(ii) establish by
production of documentation acceptable to the Secretary 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 short term
temporary employee must not take carer’s leave under this subclause where
another person had taken leave to care for the same person.
25.5.5 The short term temporary employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the Secretary of their inability to attend for duty. If it is not reasonably practicable to inform
the Secretary during the ordinary hours of the first day or shift of such
absence, the employee will inform the Secretary within 24 hours of the absence.
25.6 Bereavement
entitlements for short term temporary employees
25.6.1 Short
term temporary 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 Secretary).
25.6.2 The Secretary
and the short term temporary employee must 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 short term
temporary employee is not entitled to any payment for the period of
non-attendance.
25.6.3 The
Secretary must not fail to re-engage a short term
temporary employee because the employee accessed the entitlements provided for
in this clause. The rights of the
Secretary to engage or not engage a short term
temporary employee are otherwise not affected.
25.6.4 The short term temporary employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the Secretary of their inability to attend for duty. If it is not reasonably practicable to inform
the Secretary during the ordinary hours of the first day or shift of such
absence, the employee will inform the Secretary within 24 hours of the absence.
26. Consultation
26.1 Consultation is a
process that:
26.1.1 provides
an opportunity for the Department, the Association and employees to express
their views, state objections, exchange information and promote understanding;
26.1.2 involves
timely provision of all relevant information to employees and the Association;
and
26.1.3 provides
a genuine opportunity for employees directly affected by major changes in the
workplace, the wider workforce and the Association to
influence the matters under discussion with the Department.
26.2 Where the
Department has made a definite decision to introduce major changes in,
program/service delivery, organisation, structure or
technology that are likely to have significant effects on employees, the
Department must notify the employees who may be affected by the proposed
changes and the Association for the purpose of engaging in consultation.
26.3 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Department's
workforce or in the skills required, changes in job opportunities, promotion
opportunities or job tenure for a class or group of employees, the alteration
of hours of work for a class or group of employees, the need for retraining or
transfer of a class or group of employees to other work or locations and the
restructuring/redesign of jobs.
26.4 The Department is
not required to consult over individual workplace/performance issues under this
clause.
26.5 The Department
must discuss with the employees affected and the Association, among other
matters, the introduction of the changes referred to in subclause 26.2 above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees,
and must give prompt consideration to matters raised by the employees
and/or the Association in relation to the changes.
26.6 The discussions must
commence as early as practicable after a definite decision has been made by the
Department to make the changes referred to in subclause 26.2 of this clause.
26.7 For the purpose
of such discussions, the Department must provide to the employees concerned and
the Association all relevant information about the changes, including the
nature of the changes proposed, the expected significant effects of the changes
on employees and any other matters likely to affect employees, provided that
the Department is not required to disclose confidential information the
disclosure of which would adversely affect the Department.
26.8 The Department
will notify affected employees and the Association of the outcome of the
consultation in writing.
27. Production of Receipts
27.1 Payment of any
actual expenses is subject to the production of receipts,
unless the Secretary is prepared to accept other evidence from the
employee.
28. Allowance Payable
for Use of Private Motor Vehicle
28.1 The Secretary may
authorise an employee to use a private motor vehicle for work where:
28.1.1 Such use will
result in greater efficiency or involve the Department in less expense than if
travel were undertaken by other means; or
28.1.2 Where the employee
is unable to use other means of transport due to a disability.
28.2 An employee who,
with the approval of the Secretary, uses a private motor vehicle for work must
be paid an appropriate rate of allowance specified in Item 5 in Table 2 of
Schedule 2, Part B for the use of such private motor vehicle. A deduction from
the allowance payable is to be made for travel as described in subclause 28.4
of this clause.
28.3 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.
28.3.1 The casual rate is
payable if an employee elects, with the approval of the Secretary, 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.
28.3.2 The official
business rate is payable if an employee is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the employee is
unable to use other transport due to a disability. The official business rate
includes a component to compensate an employee for owning and maintaining the
vehicle.
28.4 Deduction from
allowance
28.4.1 Except as otherwise
specified in this award, an employee must bear the cost of ordinary daily
travel by private motor vehicle between the employee'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.
28.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
employee is attached or from which the employee is required to operate on a long term basis or the designated headquarters per paragraph
28.4.3 of this subclause.
28.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the employee to which they are attached is not
within the typical work area in which the employee 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) An employee'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.
28.4.4 On days when an
employee uses a private vehicle for official business and travels to and from
home, whether or not the employee 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 employee's residence to their headquarters and
return or 20 kilometres (whichever is the lesser) and any distance that is
travelled in a private capacity.
28.4.5 Where a
headquarters has been designated per paragraph 28.4.3 of this subclause and the
employee 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.
28.4.6 Deductions are not
to be applied in respect of days characterised as follows.
(i) When
staying away from home overnight, including the day of return from any
itinerary.
(ii) 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.
(iii) When the
employee uses the vehicle for official business after normal working hours.
(iv) 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 (i),
(ii) and (iii) of this paragraph.
(v) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Department is satisfied that:
(a) at the time of
purchasing the periodical ticket the employee did not envisage the use of their
private motor vehicle on approved official business;
(b) the periodical ticket
was in fact purchased; and
(c) 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.
28.5 The employee must
have in force, in respect of a motor vehicle used for work, in addition to any
policy required to be effected or maintained under the
Motor Vehicles (Third Party Insurance)
Act 1942, a comprehensive motor vehicle insurance policy to an amount and
in a form approved by the Secretary.
28.6 Expenses such as
tolls etc. must be refunded to employees where the charge was incurred during
approved work related travel.
29. Damage to Private
Motor Vehicle Used for Work
29.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer must be reimbursed by the Department,
provided:
29.1.1 The damage is not
due to gross negligence by the employee; and
29.1.2 The charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
29.2 Provided the
damage is not the fault of the employee, the Department must reimburse to an
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
29.2.1 The damage was
sustained on approved work activities; and
29.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
30. Allowance for
Living in a Remote Area
30.1 An employee must
be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
30.1.1 indefinitely
stationed and living in a remote area as defined in subclause 30.2 of this
clause; or
30.1.2 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 30.2
of this clause.
30.2 Grade of
appropriate allowance payable under this clause is determined as follows:
30.2.1 Grade A allowances
- the appropriate rate shown as Grade A in Item 6 in Table 2 of Schedule 2,
Part B 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 30.2.2 and 30.2.3 of this
subclause.
30.2.2 Grade B allowances
- the appropriate rate shown as Grade B in Item 6 in Table 2 of Schedule 2,
Part B; 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.
30.2.3 Grade C allowances
- the appropriate rate shown as Grade C in Item 6 in Table 2 of Schedule 2,
Part B; in respect of the localities of Fort Grey, Mutawintji,
Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
30.3 The dependant
rate for each grade is payable where:
30.3.1 the employee has a
dependant as defined; and
30.3.2 the employee’s
dependant(s) resides within the area that attracts the remote area allowance;
and
30.3.3 the employee’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.
30.4 For the purposes
of this clause dependant is defined as
30.4.1 the spouse of the
employee (including a de facto spouse);
30.4.2 each child of the
employee aged eighteen years or under;
30.4.3 each son and
daughter of the employee 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
30.4.4 any other person
who is part of the employee’s household and who is, in the opinion of the
Secretary, substantially financially dependent on the employee.
30.5 Departmental
temporary employees, such as relief employees, who are employed for short
periods are not eligible to receive a remote areas allowance.
30.6 An employee 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.
30.7 An employee 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:
30.7.1 the employee
continues in employment; and
30.7.2 the dependants
continue to reside in the area specified; and
30.7.3 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.
31. Assistance to
Employees Stationed in a Remote Area When Travelling on Recreation Leave
31.1 An employee who:
31.1.1 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
31.1.2 proceeds on
recreation leave to any place which is at least 480 kilometres by the nearest
practicable route from the employee's work location in that area,
must be paid an allowance
once in any period of 12 months at the appropriate rate shown in Item 7 in
Table 2 of Schedule 2, Part B for the additional costs of travel.
31.2 Dependant in this
clause has the same meaning as subclause 30.4 of clause 30, Allowance for
Living in a Remote Area, of this award.
31.3 Allowances under
this clause do not apply to employees who have less than three years’ service
and who, at the date of engagement, were resident in the defined area.
32. Community Language
Allowance Scheme (CLAS)
32.1 Employees who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such employees are not:
32.1.1 employed as
interpreters and translators; and
32.1.2 employed in those
roles where particular language skills are an integral part of essential
requirements of the role,
must be paid an allowance as
specified in Table 1 of Schedule 2, Part B, subject to subclauses 32.2 and 32.3
of this clause.
32.2 The base level of
the CLAS is paid to employees who:
32.2.1 are required to
meet occasional demands for language assistance (there is no regular pattern of
demand for their skill); and
32.2.2 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.
32.3 The higher level
of CLAS is paid to employees who meet the requirements for the base level of
payment and:
32.3.1 are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the employee’s language skills, as determined by the Secretary; or
32.3.2 have achieved
qualifications of NAATI interpreter level or above. This recognises that
employees with higher levels of language skill will communicate with an
enhanced degree of efficiency and effectiveness.
33. Area, Incidence
and Duration
33.1 This award
applies to all employees as defined in Clause 2, Definitions.
33.2 This award rescinds and replaces the Crown
Employees (School Administrative and Support Staff) Reviewed Award published 8
October 2021 (390 I.G. 764) and takes effect from 15 July 2022 and remains in
force until 14 July 2023.
PART B
Schedule 1 - School Administrative and Support Staff -
Rates of Pay
1.1 Permanent and long term temporary School Administrative and Support Staff
- Rates of Pay
|
|
Rates of Pay from first pay period on
or after 15 July 2022
Per Hour
2.53 %
$
|
|
SAM 1
|
42.19
|
|
SAM 2
|
43.35
|
|
SAM 3
|
44.58
|
|
SAM 4
|
45.93
|
|
|
|
|
SAO
|
36.48
|
|
|
|
|
|
|
|
SLSO 1
|
33.40
|
|
SLSO 2
|
34.00
|
|
SLSO 3
|
36.40
|
|
SLSO 4
|
38.81
|
|
|
|
|
SLSO PS 1
|
33.40
|
|
SLSO PS 2
|
34.00
|
|
SLSO PS 3
|
36.40
|
|
SLSO PS 4
|
38.81
|
|
|
|
|
SLSO SHS
|
40.14
|
|
|
|
|
AEO 1
|
39.90
|
|
AEO 2
|
41.06
|
|
AEO 3
|
42.21
|
|
AEO 4
|
43.41
|
|
|
|
|
BM 1.1
|
47.44
|
|
BM 1.2
|
48.95
|
|
BM 1.3
|
50.87
|
|
BM 1.4
|
52.35
|
|
|
|
|
BM 2.1
|
53.92
|
|
BM 2.2
|
55.54
|
|
BM 2.3
|
57.85
|
|
BM 2.4
|
59.69
|
1.2 Short-term
Temporary School Administrative and Support Staff - Rates of Pay
|
|
Rates of Pay from first pay period on
or after 15 July 2022
Per Hour
2.53 %
$
|
|
SAM 1
|
48.52
|
|
SAM 2
|
49.85
|
|
SAM 3
|
51.27
|
|
SAM 4
|
52.82
|
|
|
|
|
SAO
|
41.96
|
|
|
|
|
|
|
|
SLSO 1
|
38.42
|
|
SLSO 2
|
39.10
|
|
SLSO 3
|
41.85
|
|
SLSO 4
|
44.63
|
|
|
|
|
SLSO PS 1
|
38.42
|
|
SLSO PS 2
|
39.10
|
|
SLSO PS 3
|
41.85
|
|
SLSO PS 4
|
44.63
|
|
|
|
|
SLSO SHS
|
46.16
|
|
|
|
|
AEO 1
|
45.89
|
|
AEO 2
|
47.23
|
|
AEO 3
|
48.55
|
|
AEO 4
|
49.92
|
|
|
|
|
BM 1.1
|
54.57
|
|
BM 1.2
|
56.29
|
|
BM 1.3
|
58.48
|
|
BM 1.4
|
60.21
|
|
|
|
|
BM 2.1
|
62.00
|
|
BM 2.2
|
63.87
|
|
BM 2.3
|
66.52
|
|
BM 2.4
|
68.64
|
Schedule 2 -
School Administrative and Support Staff - Allowances
|
Table 1 -
Allowances
|
Rates of
Pay from first pay period on or after 15 July 2022
Per hour
2.53%
$
|
|
First Aid
(subclause 5.10.1)
|
0.59
|
|
Administration of
|
0.23
|
|
Medications
(subclause 5.10.2)
|
|
|
Health Support
(subclause 5.10.3)
|
0.49
|
|
|
Amount from first pay period on or
after 15 July 2022
2.53 %
Per annum
$
|
|
Community Language Allowance Scheme
(subclause 32.1.2)
|
Base level
1,552
Higher level
2,335
|
Table 2 - Other Allowances
|
The allowances listed in this
Table and the relevant cities and centres are adjusted in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or successor award, or as approved from time to time by
the Secretary of the Department of Premier and Cabinet.
|
|
Item
No.
|
Clause
No.
|
Brief
Description
|
Amount
Effective from 1 July 2022
|
|
1
|
|
Meal allowances on one-day
journeys Capital Cities and High-cost Country Centres: -
|
|
|
|
|
|
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
19.2.10 (i)
|
Breakfast allowance
|
$29.20
|
|
|
19.2.10 (ii)
|
Evening meal allowance
|
$56.00
|
|
|
19.2.10 (iii)
|
Lunch allowance
|
$32.85
|
|
|
|
|
|
|
|
|
Other Centres:
|
|
|
|
19.2.10 (i)
|
Breakfast allowance
|
$26.15
|
|
|
19.2.10 (ii)
|
Evening meal allowance
|
$51.50
|
|
|
19.2.10 (iii)
|
Lunch allowance
|
$29.85
|
|
2
|
20.4.2
|
Overtime meal allowances -
|
|
|
|
|
Breakfast
|
$32.50
|
|
|
|
Lunch
|
$32.50
|
|
|
|
Dinner
|
$32.50
|
|
|
|
Supper
|
$11.90
|
|
3
|
|
Travelling Compensation
|
|
|
|
|
|
|
|
|
19.1.8 (ii)
|
Capital Cities
|
|
|
|
|
Adelaide
|
$295.65
|
|
|
|
Brisbane
|
$313.65
|
|
|
|
Canberra
|
$306.65
|
|
|
|
Darwin
|
$358.65
|
|
|
|
Hobart
|
$285.65
|
|
|
|
Melbourne
|
$311.65
|
|
|
|
Perth
|
$318.65
|
|
|
|
Sydney
|
$336.65
|
|
|
|
|
|
|
|
19.1.8 (ii)
|
High Country Cost Centres
|
|
|
|
|
Albany (WA)
|
$317.65
|
|
|
|
Alice Springs (NT)
|
$288.65
|
|
|
|
Armidale (NSW)
|
$285.65
|
|
|
|
Ballarat (VIC)
|
$292.65
|
|
|
|
Bathurst (NSW)
|
$279.65
|
|
|
|
Bega (NSW)
|
$283.65
|
|
|
|
Benalla (VIC)
|
$280.65
|
|
|
|
Bendigo (VIC)
|
$278.65
|
|
|
|
Bordertown (SA)
|
$287.65
|
|
|
|
Bourke (NSW)
|
$303.65
|
|
|
|
Bright (VIC)
|
$305.65
|
|
|
|
Broken Hill (NSW)
|
$290.65
|
|
|
|
Broome (WA)
|
$358.65
|
|
|
|
Bunbury (WA)
|
$293.65
|
|
|
|
Burnie (TAS)
|
$302.65
|
|
|
|
Cairns (QLD)
|
$301.65
|
|
|
|
Carnarvon (WA)
|
$294.65
|
|
|
|
Castlemaine (VIC)
|
$281.65
|
|
|
|
Chinchilla (QLD)
|
$281.65
|
|
|
|
Christmas Island (WA)
|
$336.65
|
|
|
|
Cocos (Keeling) Islands (WA)
|
$469.65
|
|
|
|
Coffs Harbour (NSW)
|
$286.65
|
|
|
|
Colac (VIC)
|
$276.65
|
|
|
|
Dalby (QLD)
|
$315.65
|
|
|
|
Dampier (WA)
|
$313.65
|
|
|
|
Derby (WA)
|
$308.65
|
|
|
|
Devonport (TAS)
|
$296.65
|
|
|
|
Emerald (QLD)
|
$294.65
|
|
|
|
Esperance (WA)
|
$300.65
|
|
|
|
Exmouth (WA)
|
$328.65
|
|
|
|
Geraldton (WA)
|
$303.65
|
|
|
|
Gladstone (QLD)
|
$293.65
|
|
|
|
Gold Coast (QLD)
|
$347.65
|
|
|
|
Gosford (NSW)
|
$283.65
|
|
|
|
Halls Creek (WA)
|
$308.65
|
|
|
|
Hervey Bay (QLD)
|
$295.65
|
|
|
|
Horn Island (QLD)
|
$338.65
|
|
|
|
Horsham (VIC)
|
$292.65
|
|
|
|
Jabiru (NT)
|
$354.65
|
|
|
|
Kalgoorlie (WA)
|
$310.65
|
|
|
|
Karratha (WA)
|
$353.65
|
|
|
|
Katherine (NT)
|
$296.65
|
|
|
|
Kununurra (WA)
|
$342.65
|
|
|
|
Launceston (TAS)
|
$279.65
|
|
|
|
Lismore (NSW)
|
$282.65
|
|
|
|
Mackay (QLD)
|
$299.65
|
|
|
|
Maitland (NSW)
|
$293.65
|
|
|
|
Mount Gambier (SA)
|
$278.65
|
|
|
|
Mount Isa (QLD)
|
$306.65
|
|
|
|
Mudgee (NSW)
|
$297.65
|
|
|
|
Muswellbrook (NSW)
|
$295.65
|
|
|
|
Newcastle (NSW)
|
$323.65
|
|
|
|
Newman (WA)
|
$308.65
|
|
|
|
Nhulunbuy (NT)
|
$368.65
|
|
|
|
Norfolk Island (NSW)
|
$328.65
|
|
|
|
Northam (WA)
|
$283.65
|
|
|
|
Orange (NSW)
|
$294.65
|
|
|
|
Port Hedland (WA)
|
$313.65
|
|
|
|
Port Lincoln (SA)
|
$308.65
|
|
|
|
Port Macquarie (NSW)
|
$308.65
|
|
|
|
Port Pirie (SA)
|
$288.65
|
|
|
|
Queanbeyan (NSW)
|
$277.65
|
|
|
|
Queenstown (TAS)
|
$274.65
|
|
|
|
Roma (QLD)
|
$280.65
|
|
|
|
Shepparton (VIC)
|
$288.65
|
|
|
|
Swan Hill (VIC)
|
$274.65
|
|
|
|
Tennant Creek (NT)
|
$284.65
|
|
|
|
Toowoomba (QLD)
|
$282.65
|
|
|
|
Thursday Island (QLD)
|
$338.65
|
|
|
|
Townsville (QLD)
|
$281.65
|
|
|
|
Wagga Wagga (NSW)
|
$290.65
|
|
|
|
Wangaratta (VIC)
|
$282.65
|
|
|
|
Weipa (QLD)
|
$276.65
|
|
|
|
Whyalla (SA)
|
$283.65
|
|
|
|
Wilpena-Pound (SA)
|
$331.65
|
|
|
|
Wollongong (NSW)
|
$293.65
|
|
|
|
Wonthaggi (VIC)
|
$290.65
|
|
|
|
Yulara (NT)
|
$578.65
|
|
|
|
|
|
|
|
19.1.8 (ii)
|
Tier 2 Country Centres
|
|
|
|
|
Albury (NSW)
|
$262.10
|
|
|
|
Ararat (VIC)
|
$262.10
|
|
|
|
Ayr (QLD)
|
$262.10
|
|
|
|
Bairnsdale (VIC)
|
$262.10
|
|
|
|
Bundaberg (QLD)
|
$262.10
|
|
|
|
Ceduna (SA)
|
$262.10
|
|
|
|
Charters Towers (QLD)
|
$262.10
|
|
|
|
Cooma (NSW)
|
$262.10
|
|
|
|
Dubbo (NSW)
|
$262.10
|
|
|
|
Echuca (VIC)
|
$262.10
|
|
|
|
Geelong (VIC)
|
$262.10
|
|
|
|
Goulburn (NSW)
|
$262.10
|
|
|
|
Griffith (NSW)
|
$262.10
|
|
|
|
Gunnedah (NSW)
|
$262.10
|
|
|
|
Hamilton (VIC)
|
$262.10
|
|
|
|
Innisfail (QLD)
|
$262.10
|
|
|
|
Kadina (SA)
|
$262.10
|
|
|
|
Kingaroy (QLD)
|
$262.10
|
|
|
|
Mildura (VIC)
|
$262.10
|
|
|
|
Naracoorte (SA)
|
$262.10
|
|
|
|
Nowra (NSW)
|
$262.10
|
|
|
|
Port Augusta (SA)
|
$262.10
|
|
|
|
Portland (VIC)
|
$262.10
|
|
|
|
Renmark (SA)
|
$262.10
|
|
|
|
Rockhampton (QLD)
|
$262.10
|
|
|
|
Sale (VIC)
|
$262.10
|
|
|
|
Seymour (VIC)
|
$262.10
|
|
|
|
Tamworth (NSW)
|
$262.10
|
|
|
|
Tumut (NSW)
|
$262.10
|
|
|
|
Warrnambool (VIC)
|
$262.10
|
|
|
|
Wodonga (VIC)
|
$262.10
|
|
|
|
|
|
|
|
19.1.8 (ii)
|
Other country centres
|
$246.10
|
|
|
|
|
|
|
|
19.1.8 (ii)
|
Incidental expenses when
claiming actual expenses
|
$20.60
|
|
|
|
- all locations
|
|
|
|
|
|
50%
of the appropriate location rate
|
|
|
19.1.11
|
Daily allowance payable after
35 days and up to 6 months in the same location - all locations
|
|
|
4
|
19.1.8 (i)(b)
|
Incidental expenses
|
$20.60
|
|
5
|
28.2
|
Allowance payable for use of
private motor vehicle
|
|
|
|
|
Official Business rate
|
72.0
(cents per km)
|
|
|
|
Specified journey rate/Casual
rate
|
28.8
(cents per km)
|
|
6
|
|
Allowance for Living in a
Remote area
|
|
|
|
|
|
|
|
|
30.2.1
|
Grade A - With dependents
|
$2,156
|
|
|
|
Grade A - Without dependents
|
$1,505
|
|
|
30.2.2
|
Grade B - With dependents
|
$2,860
|
|
|
|
Grade B - Without dependents
|
$2,005
|
|
|
30.2.3
|
Grade C - With dependents
|
$3,819
|
|
|
|
Grade C - Without dependents
|
$2,675
|
|
7
|
31.1.2
|
Assistance to Employees
Stationed in a Remote
|
|
|
|
|
Area when travelling on
recreation leave:
|
|
|
|
|
|
|
|
|
|
By private motor vehicle
|
Appropriate
casual rate up to a maximum of 2850kms less
|
|
|
|
|
$53.65
|
|
|
|
|
|
|
|
|
Other transport - With
dependents
|
Actual
reasonable expenses in excess of $53.65 and up to $359.25
|
|
|
|
|
|
|
|
|
Other transport - Without
dependents
|
Actual
reasonable expenses in excess of $53.65 and up to $177.45
|
N. Constant, Chief Commissioner
D. SLOAN, Commissioner
J. Webster, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.