Riverina Water Council Enterprise
Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union, Industrial Organisation of Employees.
(No. IRC 1314 of 2007)
Before Commissioner
Murphy
|
27 August 2007
|
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Coverage
and Parties
3. Date and
Period of Operation
4. Objectives
5. Future
Negotiations
6. Enterprise
Agreements
7. Workplace
Arrangements and Consultative Process
8. Workplace
Change and Redundancy
9. Grievance
and Disputes Resolution Procedure
10. Terms of
Employment
11. Disciplinary
and Counselling Procedure
12. Part Time
Employment
13. Temporary
Employees
14. Casual Employees
15. Job Share
Employment
16. Appointments
and Grading
17. Alternative
Duties and Functions
18. Hours of
Work
19. Shift Work
20. Payment
21. Salary
Sacrifice
22. Overtime
23. On Call
24. Call Back
25. Meal Time
and Allowances
26. Sick and
Carer's Leave
27. Annual
Leave
28. Long
Service Leave
29. Paid
Maternity Leave.
30. Supporting
Parent Leave
31. Council
Picnic Day
32. Award
Holidays
33. Jury
Service
34. Bereavement
Leave
35. Trade Union
Leave
36. Leave
Without Pay
37. Travelling
Allowance
38. Drivers
Licences
39. Private
Motor Vehicle - Allowances
40. Training
41. Supply Of
Residence By Employer
42. Living Away
Allowance
43. Wet Weather
44. Health And
Safety
45. Tool
Allowance
46. Telephone
47. Expenses
48. No Extra
Claims
49. Out Sourcing
50. Classifications
And Rates Of Pay
51. Superannuation
- Additional
52. Employee
Loyalty/Attendance Bonus
53. Breach of
Award
APPENDICES
Appendix A - Anti Discrimination Clause
Appendix B - Rates of Pay
Appendix C - Allowances
1. Title
This document, however so defined or described at law, shall
be known as the Riverina Water Council Enterprise Award 2007 (hereinafter
referred to as the "Award").
2. Coverage and
Parties
This Award shall apply to Riverina Water County Council,
(hereinafter referred to as "Riverina Water") at 91 Hammond Avenue,
Wagga Wagga, New South Wales, and its employees excepting the General Manager
and Senior Executive Staff.
This Award shall be read in conjunction with the Riverina
Water County Council Enterprise Award 2004 published 27 May 2005 (351 I.G. 332)
(hereinafter referred to as the "2004 Award") and shall prevail over
the 2004 Award to the extent that this Award provides more favourable
conditions of employment for employees or where the 2004 Award is silent.
The parties to this Award are Riverina Water, the New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union; the Electrical Trades Union of Australia, New South Wales
Branch; and the Association of Professional Engineers, Scientists and Managers,
Australia.
3. Date and Period of
Operation
This Award shall commence on and from 1 September 2007 and shall remain in force up
until 30 June 2010. This Award may be varied or rescinded:
(i) At any time
with the mutual consent of all parties to the Award;
(ii) At any time by
the Industrial Relations Commission of New South Wales if the Industrial
Relations Commission of New South Wales considers that it is not contrary to
the public interest to do so and that there is a substantial reason to do so;
(iii) At any time by
a court or tribunal in accordance with applicable employment law.
This Award shall cease to have force and effect on 30
June 2010.
4. Objectives
(i) The agreed
objectives of this Award are:
(a) To continue
Co-operation with Riverina Water to achieve its management plan objectives and
strategies and improve productivity by taking action to reduce water wastage
and ensuring pump power usage efficiency and early detection and repair
methods; ensuring customer relations strategies and level of service strategies
are met by delivering high quality attention and action in service to
customers; taking action to reduce operating and maintenance costs; being
responsible in environmental matters.
(b) To continue Development
of the highest quality training, career opportunities and occupational health
and safety programs and policies.
(c) To continue
Delivery of quality customer service and continuous improvement programs.
Recognition of the contributions of all employees to
improvements in productivity, efficiency, and their participation in the
achievement of these objectives.
Provision of terms and conditions of employment in
conjunction with operational policies and procedures.
5. Future
Negotiations
At least three months before the expiry of this Award the
parties are to commence negotiations for a replacement enterprise award.
6. Enterprise
Agreements
The parties to this Award recognise that enterprise
agreements and/or Council agreements may be entered into for alternative
provisions to those in this Award.
7. Workplace
Arrangements and Consultative Process
(i) Consultative
committees will be established by mutual agreement. A consultative committee
shall comprise representatives of Riverina Water and employees.
(ii) The role of a
consultative committee shall be to discuss and develop methods of achieving the
objectives of this Award, addressing difficulties or impediments to the
achievement of those objectives, and developing alternative arrangements to
those under this Award or for inclusion in enterprise agreements.
(iii) The form,
structure and procedures of consultative committees meetings shall be
determined by agreement between Riverina Water and the employees.
(iv) The members of
a consultative committee reserve the right to seek advice on matters under
discussion by the consultative committee.
(v) Consultative
committees shall not be utilised in respect of matters which are being or
should be processed pursuant to the Grievances and Disputes Settlement
procedures.
(vi) Senior
management and the unions may be invited to attend and participate in
consultative committee meetings.
8. Workplace Change
and Redundancy
(i) Council's Duty
to Notify
(a) Where Council
has made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the Council shall notify the employees who may be
affected by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the Award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
(ii) Council's duty
to Discuss Change
(a) Council shall
discuss with the employee(s) affected and the union to which they belong, inter
alia, the introduction of the changes referred to in sub-clauses (i)(a) and (b)
of this clause, what affects the changes are likely to have on the employee(s)
and measures to avert or mitigate the adverse changes on the employee(s) and
shall give prompt consideration to matters raised by the employee(s) and/or
their union in relation to the changes and may reconsider its original
decision.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the Council to make the changes referred to in sub-clause (i)(a) and (b) of
this clause.
(c) For the purposes
of the discussion, the Council shall provide to the employee(s) concerned and
the union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on the employee(s) and any other matters likely to affect the
employee(s).
(iii) Discussion
Before Termination
(a) Where Council
has made a definite decision that it no longer wishes the job the employee has
been doing done by anyone pursuant to subclause (i) (a) and (b) of this clause
and that decision may lead to the termination of employment, the council shall
hold discussions with the employee directly effected and with the union to
which they belong.
(b) The discussion
shall take place as soon as it is practicable after the council has made a
definite decision which shall invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
(c) For the purposes
of the discussion, the Council shall, as soon as practicable, provide to the
employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and category of employee(s) likely to be
effected and the number of employee(s) normally employed and the period over
which the terminations are likely to be carried out. Provided that the Council shall not be required to disclose
confidential information the disclosure of which would adversely affect the
Council.
(iv) Notice to
Centrelink
Where a decision has been made to terminate employees,
the Council shall notify Centrelink as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(v) Notice of
Termination
(a) Four weeks
notice to terminate or pay in lieu thereof shall be given except in cases where
the employee is 45 years of age or over with 5 years service, where 5 weeks
notice shall be given.
(b) Where an
employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
1. Three (3)
months notice of termination or
2. Payment in lieu
of the notice in paragraph (1.) above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
3. The full notice
period in paragraph (i) above shall be deemed to be service with the Council
for the purposes of calculating leave entitlements under this award, regardless
of whether part payment in lieu thereof is provided.
(vi) Severance Pay
(a) This subclause
shall apply where an employee is terminated due to redundancy. A council shall
be exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
(b) In addition to
any required period of notice, and subject to subclause (v) of this Clause, the
employee shall be entitled to the following:
If the Employee is
less than 45 Years of Age
|
Completed Years of
Service with Council
|
Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks pay
|
|
2 years and less than 3 years
|
7 weeks pay
|
|
3 years and less than 4 years
|
10 weeks pay
|
|
4 years and less than 5 years
|
12 weeks pay
|
|
5 years and less than 6 years
|
14 weeks pay
|
|
6 years and beyond
|
16 weeks pay and 2 weeks pay for each additional
|
|
|
years service up to a maximum of 10 weeks pay
|
|
Employees aged less than 45 years shall receive an
entitlement of up to 26 weeks pay in accordance with the above table.
If the Employee is
45 Years of Age and Over
|
Completed Years of
Service with Council
|
Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks pay
|
|
2 years and less than 3 years
|
8.75 weeks pay
|
|
3 years and less than 4 years
|
12.5 weeks pay
|
|
4 years and less than 5 years
|
15 weeks pay
|
|
5 years and less than 6 years
|
17.5 weeks pay
|
|
6 years and beyond
|
20 weeks pay and 2 weeks pay for each additional
|
|
|
years service up to a maximum of 6 weeks pay
|
|
Employees aged 45 years and over shall receive an
entitlement of up to 26 weeks pay in accordance with the above table.
(vii) An employee who
resigns during the period of notice is entitled to the same redundancy payments
provided in this clause as if they hare remained in the council's employment
until the expiry of the notice period.
(viii) During a period
of notice of termination given by the council, an employee shall be allowed up
to one day off without loss of pay during each week of notice for the purpose
of seeking other employment. Where required by the Council the employee shall
provide proof of attendance at an interview.
(ix) If the employee
agrees to be redeployed by council into a lower paid position, the employee's
existing salary and conditions shall be maintained for a period equivalent to
the amount of notice and redundancy pay that the employee would be entitled to
under this Award. Provided that should the employee resign during the period of
salary maintenance, as provided for by this subclause, the balance of any
notice and redundancy pay that the employee would have been entitled to for the
remainder of the period of salary maintenance shall be paid on termination.
(x) The council
shall, upon receipt of a request from an employee to show employment has been
terminated, provided to the employee a written statement specifying the period
of the employee's employment and the classification or the type of work
performed by the employee.
(xi) The council
shall, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation
Certificate" in the form required by the Department of Social Security.
(xii) In the event
that council determines that a position is redundant, council where
practicable, shall firstly offer such redundancy on a voluntary basis.
(xiii) Nothing in this
Award shall be construed so as to require the reduction or alternation of more
advantageous benefits or conditions which an employee may be entitled to under
any existing redundancy arrangement, taken as a whole, between the industry
unions and the councils bound by this award.
(xiv) Subject to an
application by the Council and further order of the Industrial Relations
Commission on New South Wales (or such other person or body agreed to by all
parties to the Award), Council may pay a lesser amount (or no amount) of
severance pay than that contained in subclause (vi) above if the council
obtains acceptable alternative employment for an employee.
(xv) Nothing in this
clause shall restrict an employee with ten years service or more and council
from agreeing to further severance payments.
9. Grievance and
Disputes Resolution Procedure
(i) In the event of
any grievance or dispute arising in relation to this enterprise Award or to the
performance of any work, or in respect of any matter which could affect the
continuity of work, the work shall continue in the usual manner without bans or
limitations on the performance of work while the steps below are followed.
Step 1: The grievance or dispute should firstly be
discussed between the employee or employees concerned and the relevant immediate
area or unit supervisor.
Step 2: If the matter is still not settled, the nature
of the grievance or dispute and the remedy sought should be put in writing and
submitted to the relevant immediate area or unit supervisor who shall arrange a
conference with senior management and if requested, the employee/s
representative.
Steps one and two should be completed within five days.
Step 3: If the matter is still not settled, a
conference shall be held if requested by the employee/s, between an Official of
their union and Riverina Water's appointed representative.
Step three should be arranged within five days
Step 4: If the matter is still not resolved, Riverina
Water and the employee/s may refer the matter to an agreed mediator for a
mediation conference which shall be attended by the employee and if requested
their union representative and a person with appropriate authority from
Riverina Water. The costs of the mediation shall be born by Riverina Water.
The mediation conference is to not be held in a legalistic
manner and shall be approached by all to bring about an agreed solution: The
mediator will not make decisions or impose a solution on the parties unless
requested to do so, in writing, by both parties.
If a settlement is reached, the terms of settlement
shall be written down and signed by both parties and the mediator before the
mediation conference is terminated and it shall be binding on the parties and
enforceable.
Either party may terminate the mediation conference, in
writing, at any time.
Step 5: If the matter is still not settled either party
may apply to the Industrial Relations Commission to enable the matter to be
settled by conciliation/arbitration.
(ii) At the request
of the employee/s, their union and Riverina Water may agree in stating a case
for the opinion of the Commission on any question arising under this Award. The
parties will use this procedure to resolve grievances and disputes.
(iii) During the
grievance and dispute resolution procedure, the work situation that existed prior
to the grievance or dispute shall be maintained without prejudice to any party.
(iv) This procedure
shall not prevent Riverina Water, or if the employee/s request their union
making direct representations to one another on any matter giving rise to or
likely to give rise to a dispute or grievance.
10. Terms of
Employment
(i) Probationary
Periods
Riverina Water, when offering employment may include a
probationary period of employment of up to three months (with scope for
extension of the probationary period up to a further three months) in the
letter of offer of employment. Where the period of probation is extended, the
employee shall be given the reasons in writing.
(ii) Termination of
Employment
(a) Notice Of
Termination
Riverina Water shall give to an employee and an
employee shall give to Riverina Water notice of termination of employment of
not less than four weeks. The period of notice may be reduced by mutual
agreement.
Except where the period of notice is reduced by mutual
agreement, payment or part payment in lieu of the notice shall be made by
Riverina Water if the full notice or part notice is not given. If the employee
fails to give notice or gives incomplete notice, Riverina Water shall withhold
payment in lieu of notice or part notice from any termination payment due to
the employee.
The period of notice shall not apply to dismissal for
conduct justifying instant dismissal, casual employees, or temporary employees
at the end of their period of temporary employment.
(b) Statement of Employment
Riverina Water shall, on request from an employee
ceasing employment, give the employee a written statement specifying the period
of employment, the employee's classification and the type of work performed by
the employee.
(iii) Time off Work
During the Period of Notice
An employee working during notice of termination shall
be allowed at least one day off with pay to look for work. Time off shall be
convenient to the employee after consultation with Riverina Water. Further time off may be granted at Riverina
Water's discretion.
11. Disciplinary and
Counselling Procedure
An employee, whose work performance or conduct is
unsatisfactory or does not meet Riverina Water's code of conduct or written
operational standards of Riverina Water shall be informed of the nature of the
unsatisfactory performance or conduct and the required standard to be achieved.
The employee shall be given an opportunity to explain and shall agree to meet
the required standard. A written record detailing the agreed standard to be met
and nature of the unsatisfactory performance or conduct shall be signed by the
employee and supervisor. The employee shall be permitted to notate the written
record and shall be given a copy.
If the agreed standard is not met, the employee will be
counselled and given a written warning that continued failure to meet the
standard, over a defined time frame, will result in disciplinary action.
Further failure to meet the standard will result in a final
written warning detailing the disciplinary action to be taken in the event of a
further failure to meet the standard.
Employee's Rights
Notwithstanding the procedures above, an employee shall:
(i) Have access to
their personal files and may take notes and/or obtain copies of the contents of
the file.
(ii) Be entitled to
sight, note and/or respond to any information placed on their personal file
which may be regarded as adverse.
(iii) Be entitled to
make application to delete or amend any disciplinary or other record mentioned
on their personal file which the employee believes is incorrect, out-of-date,
incomplete or misleading.
(iv) Be entitled to
request the presence and/or involvement of a representative of either the union
or some other person at any stage.
(v) Be entitled to
make application for accrued leave for whole or part of any suspension during
the investigation process.
Riverina Water shall have the right to take other
disciplinary action at any time in cases of serious misconduct.
12. Part Time
Employment
(i) A part time employee
is an employee who works less than the number of ordinary hours worked by full
time employees
(ii) Part time
employees shall be paid an hourly rate calculated by dividing the appropriate
salary by the number of hours worked by full time employees in the same
classification.
(iii) A part time
employee shall be entitled to pro-rata award conditions. Annual leave, long
service leave and all other authorised leave shall be on a proportional basis
as the employee's average hours of work relate to those worked by full time
employees.
A part time employee shall receive overtime rates for
any time worked in excess of the daily and weekly ordinary hours specified for
a full time employee.
13. Temporary
Employees
(i) A temporary
employee is an employee employed temporarily for a period not exceeding twelve
months, and includes a temporary part-time employee. A casual employee shall
not be employed as a temporary employee.
(ii) A full time or
part time temporary employee shall be paid the rate of pay as is applicable for
the classification to which they have been appointed. Temporary employees shall
not be used to replace a full time position.
14. Casual Employees
(i) A casual
employee is an employee engaged intermittently in work of an irregular, occasional
and/or unexpected nature, and who is engaged and paid by the hour. Full time,
part time and temporary employees are not casual employees.
(ii) A casual
employee shall be paid the equivalent of the hourly rate of pay for the
appropriate classification plus a loading of 25 per cent with a minimum payment
of three hours pay for each start. The 25% casual loading is not included in
the calculation of overtime.
The casual loading prescribed is in lieu of the
entitlements arising under this award, of annual leave, sick leave and payment
for award holidays.
15. Job Share
Employment
Where two or more employees mutually agree to share the
hours and duties of a position on a job share basis and Riverina Water agrees,
each employee shall be employed on a part time basis.
Riverina Water may advertise a vacant position on a job
share basis.
Where a job share employee leaves Riverina Water, the
position may revert to a full time position if the remaining part time job
share employee agrees.
16. Appointments and
Grading
(i) Appointment
and, promotion shall be subject to:
(a) the employee's
satisfactory performance of duties and functions and
(b) the employee
undertaking, employer endorsed training relative to the employee's duties and
functions whenever required.
(ii) Riverina Water
shall maintain a job evaluation system to determine the award classification
rate of pay for each position. The job evaluation system shall be used where
the duties, functions, responsibilities and skill requirements of a position
are altered.
(iii) Promotion to a
classification, a higher grading, accelerated progression, shall be determined
by Riverina Water having regard for the duties, functions, responsibilities,
skill requirements and work value principles.
(iv) An employee who
agrees to work in another position which is equal or lower paid may be
reclassified or regraded to that position. However, the employee's ordinary
rate of pay shall not be reduced for at least four weeks after the commencement
of lower paid work.
(v) Appointment to
positions shall be on the basis of appointing the most meritorious applicant
having regard for the duties and functions of the position and the abilities,
qualifications and experience of the applicants.
17. Alternative
Duties and Functions
(i) Where Riverina
Water requires, an employee shall perform work, duties and functions of or
incidental to any classification for which the employee is competent.
(ii) Equal and
Lower Paid Work
An employee required to perform work of equal or lower
payment shall not be paid less than the employee's usual ordinary rate of pay.
(iii) Higher Paid
Work
Where an employee is required to perform work of a
higher graded position for at least one working day, they shall be paid the
appropriate rate of pay for that position determined by considering the skills,
experience and competency applied in accordance with the salary system. This
higher rate is not applicable when replacing an employee on a rostered day off,
nor when the duties of relieving have been included in the position of the
relieving employee.
An employee shall not act in a higher position for more
than three months except in case of relieving an employee on leave.
(iv) Higher Pay -
Award Holidays
Where an award holiday or group of award holidays
occurs during a period when an employee is entitled to payment for higher paid
work, the higher payment shall also apply to the holiday or group of holidays.
(v) Higher Pay -
Periods of Leave
An employee shall not be paid higher pay for periods of
leave unless the employee has acted in the position for at least three months.
(vi) Higher Paid
Work - Periods of Training
The provisions of this clause shall not apply to
employees who perform the whole or part of higher paid work for the purpose of
training and the training is in concert with at least one other employee and
does not exceed three months in the aggregate.
(vii) Where a
position has become vacant and is occupied on a temporary basis for more than
three months, it shall be advertised.
18. Hours of Work
(i) Spread of Hours
Riverina Water and its employees agree that there are
three fundamental objectives to consider in determining how an employee's
working hours are to be structured under this award:
(a) the most
efficient production and delivery of the service;
(b) the most
effective way of servicing the customer; and
(c) the most
effective way of meeting employee's needs for satisfying work, personal
development, health and workplace safety.
The ordinary hours for employees shall be worked
between 6.00 am and 6.00 pm Monday and Friday inclusive and shall not exceed
twelve hours in any one day, exclusive of unpaid meal breaks. The spread of
ordinary hours may be altered by mutual agreement between Riverina Water and
employees.
(ii) Starting and
Finishing Times
(a) The starting and
finishing times within the spread of hours provided by this clause shall be as
determined by Riverina Water in consultation with the employees concerned.
(iii) Ordinary Hours
of Work
(a) The ordinary hours
of work for employees engaged in positions with functions of Administration,
Professional Engineering, Engineering Assistant, Environmental Officer,
Drafting or Finance, shall be thirty five per week arranged on a weekly basis
or the basis of seventy per fortnight, to be worked on nine weekdays, in any
two week cycle, or where Riverina Water and the unions, in conjunction with the
employees concerned, agree, the ordinary hours of work may be worked to a total
of one hundred and forty on nineteen weekdays in any four week cycle.
An employee who requests to work a thirty five hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(b) The ordinary
hours of work for all other employees not covered in (a) above shall be thirty
eight per week arranged on a weekly basis or the basis of seventy six per
fortnight, to be worked on nine weekdays, in any two week cycle, or where
Riverina Water and the unions, in conjunction with the employees concerned, agree,
the ordinary hours of work may be worked to a total of one hundred and fifty
two on nineteen weekdays in any four week cycle.
An employee who requests to work a thirty eight hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(c) In cases where
an employee's rostered day off falls on a award holiday, the employee may take
the next scheduled working day as a rostered day off or the employee with the
consent of Riverina Water may defer the taking of the day to some other
mutually agreed day.
(d) Employees at
either Riverina Water's request or on their own request and with the approval
of Riverina Water, may defer and accumulate rostered days off to be taken at a
mutually agreed time provided that an employee shall not accumulate more than
five rostered days off at any one time.
(iv) Ordinary Hours
of Work - Shift Workers
Except as otherwise provided, the ordinary hours of
work for shift workers shall be in a roster cycle, the number of weeks in the
cycle multiplied by thirty five or thirty eight as appropriate for the employee
concerned.
(v) Alternative
Arrangements
Alternative arrangements to those in this clause may be
entered into by mutual agreement between an employee or group of employees and
Riverina Water.
19. Shift Work
(i) Water Plant
operators will be required to work shifts as required. Such shifts shall be
arranged in consultation with plant operators according to the need to operate
the water supply system to meet seasonal supply and demand.
(ii) When shift
work is required, it will be organised on the basis of two 7.6 hour shifts or
two twelve (12) hour shifts per day. 7.6 hour shifts will be on a 14 day roster
of seventy six (76) hours. Twelve (12) hour shifts will be on a twenty eight
(28) day roster of one hundred and fifty six (156) hours (including four (4)
hours overtime paid at double time).
(iii) There will be
no less than eight (8) weeks per year where two twelve,(12) hour shifts are to
be worked. Any variance above twelve (12) weeks will be by mutual agreement.
(iv) Shifts will be
arranged such that there are at least four (4) rostered days off each
fortnight. When two twelve (12) hour shifts are worked, the shifts will be
arranged such that there is one block of seven (7) rostered days off during
each four week period with a total of fifteen (15) RDO's.
(v) Work within the
basic 76 hours in each fortnight shall be paid at ordinary rates, with the
following additional payments:
(a) additional full
time payment for work on Saturdays, Sundays and Award holidays.
(vi) Shifts that
start or finish outside the hours of 6 am to 4 pm will be paid a shift
allowance of 20% of the ordinary hourly rate for each shift hour worked.
(vii) Where an Award
holiday or part of is worked, or coincides with a shift day off, the holiday
shall be either:
(a) Added to Annual
Leave, or
(b) Be paid as an
additional day at ordinary time.
(viii) Annual leave
taken during shift rosters will be paid at ordinary time hourly rate plus 20%.
(ix) Replacement
shifts worked by a shift worker shall be paid at two (2) times ordinary time
rate of pay.
(x) Where an
employee is on sick leave, penalty rates and shift loading will be paid.
(xi) Annual leave
shall have weekend penalty rates paid, but no shift loading will apply.
(xii) A fifteen (15)
minute shift change-over shall occur and it shall be paid at double ordinary
hourly rate of pay to the employee working the additional 15 minutes.
(xiii) An employee/s
working a 24 hour shift shall continue to be paid phone and electricity
allowance.
20. Payment
(i) Pay Cycle:
Employees shall be paid fortnightly or in any other cycle by mutual agreement.
(ii) Direct
Crediting of Pay: Payment shall be by direct crediting of an employee's
nominated bank, building society or credit union account. Employees' pay shall
be credited in nominated accounts no later than the close of business on every
second Thursday occurring in the fortnightly pay cycle.
(iii) In House
Benefit: An employee may elect to receive an in house benefit in the form of a
reduction in water accounts up to the annual maximum amount of fringe benefit
free in house benefit specified under the Fringe Benefit Taxation provisions in
lieu of receiving the equivalent amount in wages under this award.
(iv) Deductions:
Riverina Water shall deduct out of an employee's pay such amounts as the
employee requests, in writing, in respect of contributions or payments for
purposes approved by Riverina Water.
21. Salary Sacrifice
(i) Council and an
employee may agree to sacrifice a portion of the pre-tax ordinary pay as
prescribed by the award to the value of the benefits as identified in subclause
(ii) of this clause. Such agreement shall not unreasonably be withheld.
(ii) Benefits that
may be salary sacrificed are:
motor vehicles, supplied by council under a leaseback
arrangement
superannuation.
(iii) The value of
the benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable. The amount that may be salary sacrificed
in cases where council supplies vehicles under a leaseback arrangement, is the
amount the leaseback rate is in excess of the employee's contribution from
after tax salary necessary to negate the fringe benefit liability.
(iv) The benefits to
be salary sacrificed and their value shall be in writing and signed by both
council and the employee.
(v) Except as
otherwise agreed, the employee may request in writing to change the benefits to
be salary sacrificed once per year and the council shall not unreasonably
refuse the request.
(vi) An amount equal
to the difference between the employee's ordinary pay as prescribed by the
award and the value of the benefits received by the employee shall be paid by
the council to the employee.
(vii) The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(viii) The council
will ensure that the salary sacrifice arrangement complies with taxation and
other relevant laws. The council has the right to vary and/or withdraw from
offering salary sacrifice to employee's with appropriate notice if there is any
alteration to relevant legislation that is detrimental to salary sacrifice
arrangements.
(ix) The value of
the benefits shall be treated as an approved benefit for superannuation
purposes and shall not reduce the employee's superable salary.
(x) Nothing in this
clause shall affect the right of an employer to maintain or enter into more
beneficial arrangements with respect to salary sacrifice for employees.
22. Overtime
(i) Requirement to
Work Reasonable Overtime
It shall be a condition of employment that employees
shall be available to work reasonable overtime to meet the needs of Riverina
Water.
(ii) Sixteen Hour
working Period
(a) An employee
shall not be permitted to work more that sixteen (16) hours in any twenty four
(24) hour period.
(b) The twenty four
(24) hour period shall be calculated from the commencement time of the sixteen
(16) hours worked.
(iii) Payment for
Working Overtime
An employee directed to perform work in excess of the
usual ordinary working hours or outside the usual working hours, shall be paid
as follows:
(a) For overtime
worked, Monday to Friday, at the ordinary time rate of pay plus one half the
ordinary time rate of pay for the first two hours and at double ordinary time
rate of pay thereafter.
(b) For overtime
worked on a Saturday and Sunday, at double ordinary time rate of pay until the
employee is released from work.
(c) Where, on any
day, an employee works overtime immediately prior to the usual commencing time
and immediately after the usual ceasing time, the total hours of both periods
of overtime shall be taken into account for the purpose of the commencement of
double ordinary time rate of pay.
(iv) Payment for
Work on a Holiday
An employee who works on award holiday shall be paid as
follows:
(a) For any time
worked between the usual commencing and usual ceasing time, at double ordinary
time rate of pay in addition to the employee's ordinary pay for the day.
(b) For any time
worked before or after the usual ordinary hours of work, at double ordinary
time rate of pay plus one half the ordinary time rate of pay until the employee
is released from work.
(v) Time off In Lieu
Of Payment
(a) An employee may
elect, with the consent of Riverina Water, to take time off, in ordinary time,
in lieu of payment for overtime at a time or times mutually agreed. Time off in
lieu shall be on the basis of one hour off for each hour of overtime worked and
shall be taken at a mutually agreed time.
(b) Riverina Water
shall, if requested by an employee, provide payment, at the relevant overtime
rate for any overtime worked which was to be taken as time off in lieu and
which has not been taken within four weeks of accrual.
(vi) Standing By
An employee directed to stand-by to work overtime shall
be paid at ordinary time rate of pay from the time of commencement of the
stand-by until released from the stand-by or until he commences working
overtime.
(vii) Transport of
Employees
When an employee, after having worked overtime finishes
work at a time when reasonable means of transport are not available, Riverina
Water shall provide the employee with transport to the employee's home or pay
the employee at the ordinary time rate of payment for reasonable time to travel
home.
(viii) Rest Period
After Overtime
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be arranged that
employees have at least ten consecutive hours off duty between the work of
successive days.
(b) The rest period
after Overtime shall be as per the rest period after Call Out (see 22(vi))
(c) The above rest
period provisions in (b) shall not apply where an employee has worked planned
overtime for a period less than two hours.
(d) Where an
employee is entitled to a rest period and the rest period coincides with an
award holiday, the employee shall be entitled to defer starting work by time
equivalent on the next ordinary day.
(e) The parties
agree that this provision shall be reviewed after 12 months of operation to
ensure it has not impacted adversely on employees, or created any OH&S
problems.
23. On Call
(i) An employee is
on call if Riverina Water requires the employee to be available, outside the
employee's usual ordinary hours, for emergency and/or breakdown work.
On call and stand by work shall not include overtime
which has been pre-arranged prior to the employee's normal ceasing time.
(ii) An on call
employee must be able to be contacted and respond to a call out within a
reasonable time.
(iii) An employee on
call shall be paid an on call allowance at the rate set in Table 1 of this
award. The total amount of on call
allowance in any one week shall not exceed the amount set in Table 1 of this
award.
(iv) On call work
performed outside the usual hours of work shall be paid double the ordinary
time rate of pay for the hours worked and from the time the employee responds
to the call out. The minimum duration of a call out is deemed to be one hour.
(v) For each award
holiday which an employee is on call, the employee shall be granted one half
day to be taken at a mutually agreed time.
(vi) Rest period
after call -out.
An employee who works during the eight (8) hours
immediately preceding the employee's usual commencing time shall be entitled to
defer the usual commencing time or revise their finishing time, without loss of
pay by a period equal to one and a half (1.5) times the actual time worked
within those hours.
24. Call Back
(i) An employee
shall be on call back if recalled to work overtime without having received
notice before ceasing work.
(ii) An employee
working on call back shall be paid a minimum of four hours work at the
appropriate overtime rate for each call back which is less than four hours. Any
subsequent call backs occurring within a four hour period of a call back shall
not attract any additional payments. The minimum of four hours does not apply
where the call back is continuous with an employee's usual hours of work,
except as provided for in subclause (iv) (a). The overtime rate for call backs
commences from the time the employee leaves to attend the call back.
(iii) Rest Period
after Call Back
The rest period after Call Back shall be as per the
Rest Period after Call Out (see 22(vi))
(iv) Call Backs
running into normal working hours
(a) Where a Call
Back runs into normal working hours, a minimum of 4 hours will be paid at the
appropriate overtime rate.
(b) After working to
the revised finishing time (see 22 (vi)) the employee may finish work for the
day, or, if deemed fit, may continue until normal finish time. Time worked
beyond the revised finish time will be paid at appropriate overtime rates.
25. Meal Time and
Allowances
(i) Meal Breaks
(a) An employee
shall not, at any time, be compelled to work for more than five hours without a
break for a meal.
(b) Employees shall
be allowed meal breaks without pay as well as a paid morning break of 10
minutes on each ordinary working day.
(ii) Meal Times -
Shift Workers
Shift workers shall be allowed in each ordinary working
shift, a meal crib time of twenty minutes, which shall be treated as part of
the shift and paid for accordingly.
(iii) Meal Times
The times fixed for the taking of meal breaks during
ordinary working day or ordinary rostered shifts may vary for groups of
employees and/or individual employees, as may be necessary or appropriate for
the conduct of Riverina Water's business.
(iv) Working in
Usual Break
(a) An employee's
usual time for the taking of a meal break may, by mutual agreement between
Riverina Water and the employee, be varied temporarily or shortened in special
circumstances rather than on a regular basis.
(v) Overtime Meal
Breaks
(a) An employee
required to work overtime for two hours or more prior to the usual starting
time or after the usual finishing time, shall be paid a meal allowance at the
rate set in Appendix C of this award. The allowance shall also be paid after
each further four hours of overtime worked and after each four hours worked on
the employee's non working days.
(b) A paid overtime
meal break shall be allowed after the first two hours of overtime and after
each subsequent four hours of overtime. Paid overtime meal breaks shall not
exceed twenty minutes and are time worked for the purpose of calculating
overtime.
(vi) Shift Work
Overtime
Meal breaks during periods of overtime and the payment
of meal allowances shall apply to shift workers required to work overtime
outside the hours of their ordinary rostered shift, except where, by an
approved arrangement made between employees or at their request, excess time is
incurred in changed shifts or in their ordinary rostered shifts.
(vii) On-Call
Included
Meal breaks and meal allowances shall apply to
employees engaged in on-call emergency and/or breakdown work.
26. Sick and Carer's
Leave
(i) Sick Leave
Entitlement
An employee who is unable to attend work on account of
personal illness or accident, not being due to serious misconduct or on account
of injury by accident arising out of and in the course of employment, shall be
entitled to sick leave without deduction of pay during each year of service
subject to the following conditions and limitations -
(a) Each employee's
sick leave entitlement shall be as follows: During the first year of service,
fifteen days. In each of the second, third, fourth and fifth years of service
fifteen days and in each subsequent year of service, eighteen days.
(b) The employee
shall be required to produce evidence satisfactory to Riverina Water that such
absence was due to personal illness or accident, not being injury arising out
of and in the course of the employee's employment nor arising from other
employment, sufficient to prevent the performance of normal duties. Proof of
illness or injury by accident and inability to attend for work may be required
after two days absence or after three separate periods in each year of service.
(c) An employee
shall as soon as practicable notify Riverina Water, of the employee's inability
to attend on account of illness or injury and advise Riverina Water of the
estimated duration of absence.
(d) An employee with
at least ten years service with Riverina Water may at the discretion of the
employer be granted additional sick leave where an illness or injury results in
the employee exhausting their accumulated sick leave.
(e) An employee who,
at the commencement of this award, had accumulated sick leave transferred from
another employer shall retain that entitlement for use when sick or injured.
(ii) Avoidance of
Duplicate Benefits
An employee, who has been granted paid sick leave and
who in respect of the period of leave receives compensation under any Act or
law shall reimburse Riverina Water from that compensation, amounts paid for the
leave.
(iii) Accumulation
of Leave
Untaken sick leave shall accumulate from year to year
and be available in subsequent years of employment.
(iv) Employees who
are ill for a minimum of 5 consecutive working days whilst on Annual Leave or
Long Service Leave may apply to the General Manager to have the leave
re-credited. The employee must provide a doctors certificate and be able to
demonstrate that as a consequence of the illness or injury their leave was
disrupted.
(v) Accumulated Sick
Leave - Termination of Employment
Employees who had credits of untaken sick leave under
previous awards or agreements at 15 February, 1993, shall on termination of
employment, if those credits still stand, be paid their current ordinary time
rate of pay for those credits in accordance with the provision which existed
under the previous award or agreement.
(vi) Personal
Carer's Leave
(a) An employee,
with responsibilities in relation to a class of person set out in sub paragraph
(vi) (e) who need their care and support, shall be entitled to access their
accumulated sick leave for personal carer's leave to provide care and support
to those persons when they are ill and no other carer is available or until
alternative arrangements are able to be made.
(b) An employee who
accesses personal carer's leave shall, where Riverina Water requires, provide a
medical certificate or statutory declaration as evidence of illness of the
person who required care. The employee shall also, where practicable, give
Riverina Water prior notice of the taking of personal carer's leave. Where
prior notice has not been given, the employee shall notify Riverina Water by
phone at the first opportunity on the day of the absence.
(c) In normal
circumstances, an employee shall not take personal carer's leave where another
person is providing the immediate family or household member with care.
(d) Personal carer's
leave may be taken for part of a single day.
(e) The entitlement
to use sick leave in accordance with this clause 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, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or 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 purpose of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(f) an employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in sub-clause (vi)
(e) (ii) above who is ill.
(g) an employee may
elect with the consent of the employer, to take annual leave for the purposes
of providing care to a class of person set out in sub-clause (vi) (e) (ii).
(h) an employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
(i) overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(j) if, having
elected to take time as leave, in accordance with subclause (h), the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve (12) month period or on termination.
(k) an employee may
elect, with the consent of Riverina Water, to work `make-up time' under which
the employee takes time off ordinary hours, and works those hours at a later
time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(l) an employee on
shift work may elect, with the consent of the employer, work `makeup time'
(under which the employee takes time off ordinary hours and works those hours
at a later time) at the shift work rate which would have been applicable to the
hours taken off.
(m) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(n) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(o) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
27. Annual Leave
(i) Annual leave of
absence consisting of four weeks at the ordinary rate of pay, exclusive of
award holidays observed on working days shall be granted to an employee after
each twelve months service
(ii) Annual leave
shall be taken on its due date or as soon as mutually convenient to the
employee and Riverina Water. Riverina Water may give an employee at least four
weeks notice to take leave where the employee has accumulated in excess of
eight weeks leave.
(iii) An employee
before proceeding on annual leave shall be paid the employee's usual rate of
pay for the period of leave calculated as if the employee had been at work for
the period of leave.
(iv) On termination
of employment, an employee shall be paid all accumulated annual leave and
proportionate annual leave for the incomplete year of employment. Proportionate
annual leave shall be equal to one twelfth of the employee's ordinary weekly
rate of pay at the date of termination multiplied by each completed week of
employment in the incomplete year.
(v) An employee
whose ordinary rate of pay varies from time to time shall have their ordinary
rate of pay calculated as the average of their rate over the preceding twelve
months prior to taking annual leave.
28. Long Service
Leave
(i) Amount of Leave
Riverina Water shall credit each employee, long service
leave on full pay after each period of continuous service on the following
basis:
On completion of ten years service, 13 weeks
After completion of each of the eleventh to fifteenth
years, 1.7 weeks per year After completion of each of the sixteenth to
twentieth years, 2.7 weeks per year after completion of each subsequent year,
2.6 weeks per year
(ii) Accrual of
Leave
Long service leave shall accrue on a basis
proportionate to the scale of leave set out above.
(iii) Taking of
Leave
Long service leave shall be taken at a time mutually
convenient to Riverina water and the employee in minimum periods of one week.
(iv) Award Holidays
Long service leave shall be exclusive of award holidays
occurring during leave.
(v) Continuous
Service
Continuous service shall be the period from the date of
commencement to the date of termination of employment and shall include:
(a) All approved
paid leave
(b) Previous
employment with Great Southern Energy, Southern Riverina County Council or
Riverina Water.
(c) Employment as a
part-time or casual employee.
(d) Service with any
Local Government Council in New South Wales shall be service for the purpose
long service leave accrual under this Award provided that the former employer
pays to Riverina Water the monetary value of the long service leave which the
employee has accrued at the time of transfer.
(e) Service in the
armed forces, enlisted or conscripted, shall be service for the purpose of long
service leave accrual provided that the employee was an employee of Riverina
Water, its predecessor or a Local Government Council in New South Wales at the
time of commencing the service.
(f) Periods which
shall not be included in the calculation of continuous service are absence on
parental leave and leave with out pay.
(vi) Discharged
Entitlements
Long service leave entitlements shall be reduced by
periods of long service leave taken.
(vii) Payment for
Leave
(a) Allowances
An employee who regularly receives payment of on-call
and standing by allowances, tool allowances, shift allowances or any all
purpose allowance will receive payment of those allowances during periods of
long service leave on the same basis of payment or average payment to the
employee in the four week period prior to the date of commencement of the
leave:
(b) Full Pay
During a period of long service leave, an employee
shall be paid, in addition to allowances, the employee's ordinary rate of pay
which the employee would have received for the period had the employee not been
on leave.
(c) Payment Before
Leave
An employee shall be entitled to receive payment for
the full period of long service leave prior to the date upon which leave
commences.
(viii) Termination of
Employment
(a) Ten Years
Where an employee has completed at least ten years
continuous service and the employee's employment is terminated for any reason,
or the employee dies, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(b) Short Service
Where an employee has completed at least five years
continuous service and the employee's employment is terminated for any reason,
other than serious misconduct, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(c) Payment on
Termination
On termination of employment, an employee shall be paid
the ordinary rate of pay, excluding allowances, for the accrued long service
leave.
(ix) No Payment in
Lieu
An employee shall not be paid in lieu of long service
leave except on termination of employment.
29. Paid Maternity
Leave
(i)
(a) This clause
applies to all full time and part time female employees who have had 12 months
continuous service with council immediately prior to the commencement of
maternity leave or special maternity leave and to female casual employees who
have worked on a regular and systematic basis with council for at least 12
months prior to the commencement of maternity leave or special maternity leave.
(b) Paid maternity
leave shall mean leave taken by a female employee in connection with the
pregnancy or the birth of a child of the employee. Paid maternity leave
consists of an unbroken period of leave.
(c) Paid special
maternity leave shall mean leave taken by an employee where the pregnancy of
the employee terminates before the expected date of birth (other than by the
birth of a living child), or where she suffers illness related to her
pregnancy, and she is not then on paid maternity leave provided that a medical
practitioner certifies such leave to be necessary before her return to work.
(ii)
(a) An employee
shall be entitled to a total of 14 weeks paid maternity leave or special
maternity leave on full pay; or 28 weeks maternity leave or special maternity
leave on half pay; or maternity leave or special maternity leave on a
combination of full pay or half pay provided the leave does not exceed the
equivalent of 14 weeks on full pay.
(b) The employee may
choose to commence paid maternity leave before the expected date of the birth.
(iii)
(a) Annual leave,
long service leave, unpaid maternity leave and any accumulated time in lieu may
be taken in conjunction with paid maternity leave and special maternity leave,
subject to council approval, provided that the total period of leave does not
exceed 52 weeks.
(b) The period of
paid maternity leave and special maternity leave is taken into account in
calculating the employee's long service, annual and sick leave accruals.
(c) Paid maternity
leave may not be extended beyond the first anniversary of the child's birth.
(iv) Payment for
maternity leave and special maternity leave is at the ordinary rate applicable
prior to the commencement of the leave period. Employees working as permanent
part time employees will be paid at their ordinary part time rate of pay
calculated on the regular number of hours worked. A casual employee's rate of
pay will be calculated by averaging the employee's weekly wage in the 12 months
immediately prior to the employee commencing paid maternity leave or special
maternity leave.
(v) Paid maternity
leave and special maternity leave shall be exclusive of public holidays.
(vi) Notice of
intention to take paid maternity leave.
The employee must:
provide council with certification of the expected date
of confinement at least 10 weeks before the child is due. This is known as the
first notice;
advise council in writing of her intention to take paid
maternity leave and the proposed start date at least 4 weeks prior to that
date. This is known as the second
notice.
Provide a signed statutory declaration that the
employee will be the primary care giver to the child and that the paid
maternity leave will not be taken in conjunction with any partner accessing
paid parental leave entitlements.
(vii) The employee
will not engage in any other form of paid work during the period of paid
maternity leave without the approval of the General Manager.
(viii) Subject to an
application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount (or no amount)
of maternity leave or special maternity leave than that contained in this
clause where council can demonstrate economic hardship.
30. Supporting Parent
Leave
An employee who is a supporting parent shall be entitled to
up to 5 days paid leave taken at the time their partner gives birth to a child
or at the time the employee adopts a child provided that the employee has had
12 months continuous service with council immediately prior to the commencement
of their supporting parent leave.
31. Council Picnic
Day
Council Picnic Day shall for the purposes of this Award be
regarded as a holiday for employees. The Picnic Day shall be on such day as is
agreed between the council and the employees.
32. Award Holidays
(i) Holidays: All full-time, part-time and temporary
employees shall be entitled to the following days as award holidays without
loss of pay:
(a) Any day
proclaimed as a State wide public holiday or any locally proclaimed holiday
within the boundaries of Riverina Water.
(b) The employees'
picnic day, to be held on a day as is mutually agreed between Riverina Water
and the employees. Provided that a reasonable level of customer service is to
be provided on the day.
(ii) Award Holiday
during Leave of Absence
Where an employee is granted leave without pay by
Riverina Water which exceeds five consecutive working days or shifts the
employee shall not be entitled to payment for any award holiday which occurs
during that period.
33. Jury Service
An employee shall notify Riverina Water as soon as possible
of the date upon which they are required to attend for jury service. Employees
shall be granted jury service leave with out loss of pay.
(i) An employee
shall be paid by Riverina Water the difference between the jury service fee
received and the employee's ordinary time rate of pay for the jury service
during the employee's usual ordinary working hours.
(ii) An employee
required to attend for jury service during a period of annual leave shall, on
application and on production of satisfactory evidence, be credited with annual
leave at a subsequent date, for the period during which the employee would have
been on annual leave had the employee not been on jury service.
34. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 25 (vi) (e).
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 25(vi)(e), provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under any clause
of this award. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
35. Trade Union Leave
An employee who has been sponsored by a union to attend a
course of training shall be entitled to paid leave of absence to attend the
course. A pool of ten days is available each calendar year from which employees
may draw upon. However, Riverina Water may grant additional days at its
discretion. One accredited union delegate to the union's annual conference
shall be entitled to paid leave for the duration of the conference.
36. Leave Without Pay
Where leave without pay is granted, the period of leave
shall not be service for the calculation of long service leave, sick leave,
award holidays or annual leave.
37. Travelling
Allowance
(i) An employee,
who is required to undertake additional travelling time outside the employee's
ordinary hours of work which is in excess of the employee's usual travelling
time on any day Monday to Friday, shall be paid for the excess travelling time
at ordinary time rate of pay.
(ii) An employee,
who is required to undertake additional travelling time on a weekend or award
holiday, shall be paid for the excess travelling time at ordinary time and one
half.
38. Drivers Licences
(i) An employee
required to hold a motor vehicle driver's licence or motor cycle rider's
licence shall be reimbursed the cost of the licence by Riverina Water.
(ii) Riverina Water
shall not be liable to reimburse any cost of a probationary licence or any
penalty imposed on an employee because of traffic infringements by the
employee.
39. Private Motor
Vehicle - Allowances
(i) An employee who
by arrangement, uses a privately-owned motor vehicle at work on a casual basis,
shall be paid as per the table in Appendix C.
40. Training
(i) The parties to
this award agree there is a commitment to training and skill development.
Training will be directed to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through skill acquisition; and removing
barriers to the utilisation of skills acquired.
(ii) To ensure that
employees have the skill, competence and training to perform duties and
functions, employees shall undertake and complete relevant employer endorsed
training in respect of their duties and functions. Employer endorsed training
includes essential and optional training. Riverina Water shall meet all
reasonable costs and expenses incurred by employees in undertaking essential
training and may assist in the cost of optional training.
(iii) An employee
who is required to undertake reasonable travel outside the ordinary hours of
work to attend employer endorsed training shall be paid at ordinary time rate
of pay for any travel in excess of two hours on any one day.
41. Supply of
Residence By Employer
Where an employee is provided with a residence by Riverina
Water (with or without concessions), the weekly value of the residence (and
concessions) shall be agreed upon from time to time between the employee and
employer.
42. Living Away
Allowance
Living Away Allowance - An employee required to work at a
distance from the employee's usual residence and who is required to remain at
that location overnight, shall be provided with suitable accommodation of at
least an NRMA rating of three stars, if available at that place, including up
to $5.00 per night for personal phone calls, and in addition shall be paid a
living away allowance as per Appendix C.
The employee shall also be reimbursed for any authorised incidental
expenses.
43. Wet Weather
Where because of wet weather, an employee stops work, the
employee shall be paid for time not worked provided the employee remains at
work until directed to leave work; stands by as directed; and reports for duty
as directed.
44. Health and Safety
(i) Section 8 of
the Occupational Health and Safety Act 2000 (NSW) requires employers to
ensure the health, safety and welfare at work of all the employees of the
employer.
(ii) Employees are
required to wear appropriate protective clothing and use safety equipment for
the purpose for which they are provided, and observe all other safety
procedures, practices and instructions.
45. Tool Allowance
(i) Employees who
are required to supply their own tools of trade shall, in addition to the rates
of pay prescribed, be paid the amount set in Appendix C of this Award.
(a) Tool Kits: Tool
allowances paid to employees shall be deemed to apply in respect of a full
range of tools ordinarily used in carrying out the duties and functions of the
employee's classification, and the employee shall, if requested, furnish a list
of the tools.
(b) Ownership: Tools
for which allowances are paid shall remain the property of the employee, be
kept in proper working conditions and be available for use by the employee at
all times in the exercise of duties.
(c) Loss of Tools:
Tools, in respect of which an allowance is paid, shall be replaced or paid for
by the employer in the event of their loss or damage by fire or other cause
beyond the employee's control, or in the event of their theft during any act of
breaking and entering of premises outside the ordinary working hours, provided
the tools were kept in accordance with any established provisions for their
security.
(d) Special Purpose
Tools: Tool allowances shall not cover tools required for special uses or
purposes exceptional to the ordinary trade functions of the employee's
classification.
(e) Use of
Tools: Tools issued to an employee
shall be used only in the course of his duties, and for the purpose for which
they are supplied.
(f) Care of
Tools: Employees shall be responsible
for the proper upkeep of all tools, and other equipment, implements and
articles, issued for their use, and shall replace or pay for any items lost or
damaged through misuse or negligence.
(g) Payment for Other
Purposes: Tool allowances shall apply during periods of annual leave, sick and
accident leave, long service leave and award holidays, but shall be excluded in
the calculation of any payment for accrued leave made to the employee upon
termination of service.
46. Telephone
An employee who is required to install a telephone at the
employee's home, shall be reimbursed the annual rental fees, charges and the
cost of calls in connection with Riverina Water.
47. Expenses
All reasonable expenses incurred by an employee in
connection with their work shall be reimbursed by Riverina Water.
48. No Extra Claims
The parties to this Award agree not to pursue any additional
or extra claims during the term of this Award except in accordance with Clause
6.
49. Out Sourcing
(i) Where Riverina
Water is considering a change of practice to involve out sourcing or
contracting work out, it will notify the employees and their union/s. It will
also provide employees and their union/s with fourteen days notice to respond with
suitable proposals about alternative arrangements to out sourcing prior to any
decision to invite tenders.
Riverina Water at the same time as tenders are invited
will provide the union/s with a copy of any specification or contract which has
been prepared.
The tenders when advertised shall be timed so as to
provide the employees with an opportunity to submit an offer to establish that
they can do the work to an equivalent standard, timetable and price.
(ii) Contractors
shall have an enterprise agreement with the relevant unions which covers the
employees of the contractor.
(iii) Tenders will
be required to specify details of the award coverage including conditions of
employment and the classifications and rates of pay applicable under the award
as well as the terms of agreement for the contractor to comply with the
industry safety standards and practices.
(iv) Riverina Water
will only out source work when there are insufficient resources to meet its
work commitment and timetable; or where the safety of the public or the water
distribution performance is at risk; or where contracting out work is the most
advantageous option taking into account quality, safety and performance.
(v) When a decision
is to be made regarding division of work between Riverina Water and outside
resources, due consideration will be taken of the nature of the jobs so that
Riverina Water staff have the opportunity to undertake quality work. A copy of
the work scope will be available with the relevant manager for perusal by employees,
prior to the specification being advertised.
Riverina Water Staff shall have the opportunity to
select the quality work to ensure skills are maintained, or provide opportunity
for higher quality skills to be obtained.
(vi) Riverina Water
will advise employees and their union/s following consideration of tenders and
the above listed factors.
(vii) Where Riverina
Water does contract out work, no employee will, as a result, be made
involuntarily redundant. Affected employees will be offered the opportunity for
retraining in skills required by Riverina Water.
50. Classifications
and Rates of Pay
(i) An employee
shall be allocated an employment classification which describes the employee's
major and substantial functions and duties.
(ii) An employee shall
be paid not less than the weekly rate of pay for employee's grade within the
employee's allocated classification.
(iii) Each position
shall have an agreed job description which shall be updated at the time of a
change to the functions and duties and skill requirements of the position.
(iv) The weekly
rates of pay in this award contain a 1.35% component in lieu of annual leave
loading.
(v) Rates of pay and
allowances in this Award shall move by the following: 4% 1st July 2007, 3.5% 1
St July 2008 and 3.5% 1 St July 2009.
51. Superannuation -
Additional
(i) Riverina Water
will, for each year of this Agreement, make an additional employer contribution
of 1%.
(ii) The additional
1% each year will be made for all employees whether they are Accumulation or
Defined Benefit Fund members.
(iii) The additional
contribution shall always be maintained above the Superannuation Guarantee Levy
if the Federal Government in the future makes a decision to increase the levy
from 9%.
52. Employee
Loyalty/Attendance Bonus
Qualification:
(i) An employer
must have a Sick Leave balance equal to or greater than:
(a) 38 hour
employee. 635 hours.
(b) 35 hour
employee. 585 hours.
(ii) An employee,
upon reaching the required minimum balance set out in Subclause 51.1 (i) (a) or
(b) may request to be paid an amount of money that is the equivalent to 50% of
their annual Sick Leave entitlement balance for that year, always ensuring
their total bank does not reduce below the required minimum.
Procedure:
(i) A written application
is required for all claims to be provided within 30 days after the end of the
financial year.
(ii) If an
application is not made within 30 days after the end of the financial year, the
leave entitlement being either the full 18 days or part thereof due to any sick
leave having been taken will be credited to the employees balance and no
payment request can be for that year.
(iii) The payment,
when requested within the required time, will be made as a one off payment
following each financial year.
(iv) If an employee
wishes to Salary Sacrifice the payment, then he/she must make prior
arrangements in accordance with the ATO ruling.
Review:
This Clause was introduced with the desire to obtain an
outcome that demonstrated a benefit to the Company.
The parties agreed to review this clause following two
(2) years of operation to assess its effectiveness and whether to continue its
application.
53. Breach of Award
If this Award is breached by either party, the maximum
remedy and/or penalty for such breach shall be no greater than that which is
available in respect of a breach of an award made under the Industrial
Relations Act 1996 (NSW).
A party to this Award shall be barred from commencing or
continuing an action for breach of this Award in more than one jurisdiction.
APPENDIX A
ANTI
DISCRIMINATION CLAUSE
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing in this
clause is to be taken to affect
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award
from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) 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 the Act affects .... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".