Rural
Lands Protection Boards Salaries and Conditions Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales, Industrial Organisation of Employees.
(No. IRC 1125 of 2007)
Before Commissioner
Cambridge
|
24 September 2007
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Basic
Wage
1A Parties
1B Demarcation
2. Definitions
3. Industry
and Scope of Award
4. Contract
of Employment
5. Classifications
and Salary Structures
6. Competency
and Training
7. Hours of
Work
8. Overtime
9. Recreation
Leave
10. Recreation
Leave Loading
11. Long
Service Leave
12. Public
Holidays
13. Special
Leave
14. Short
Leave
15. Sick Leave
15A. State
Personal and Carer’s Leave Case - August 1996
16. Parental
Leave
17. Dissolution
of a Board
18. Change,
Redundancy and Termination
19. Removal
Expenses
20. Conference
Attendance and Industrial Leave
21. Living
Allowance
22. Travelling
Allowance
23. Accommodation
Allowance
24. Camping
Allowance
25. Protective
Clothing and Equipment
26. Horse
Allowance
27. Dog
Allowance
28. Flying
Allowance
29. Motor
Vehicle Usage and Allowance
30. Telephone
Expenses
31. Home
Office Allowance
32. Deduction
of Association & Union membership fees
33. Indexation
of Allowances
34. Dispute
Settling Procedures
35. No Extra
Claims
36. Anti-Discrimination
37. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
Table 3 - Long Service Leave Accrual
PART A
1. Basic Wage
This award, in so far as it fixes rates of wages, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates.
The said basic wage may be varied by the Industrial Relations
Commission of New South Wales under subclause (2) of clause 15 of Division 4 of
Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the
Industrial Relations Act 1996.
A reference in this award to the adult basic wage is to be
read as a reference to the adult basic wage currently in force under the said
clause 15.
1A. Parties
The parties to this award are:
(i) The Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales.
(ii) The State
Council of Rural Lands Protection Boards, and
(iii) The
Australian Workers’ Union, New South Wales.
1B. Demarcation
It is recognised by the parties to this award that the Union
shall have coverage of the Level 1, Level 2, and Senior Field Assistant classifications
and that the Association shall have coverage of all other classifications under
the award being Customer Service Officers, District Veterinarians, Executive
Officers, Managers, Office Coordinators, and Rangers.
2. Definitions
2.1 "The Board"
shall mean those Rural Lands Protection Board(s) in which the employee serves.
2.2 "Headquarters
Board" shall mean the Board in whose district the headquarters of an
employee is situated.
2.3 "Chairperson"
shall mean the Chairperson of the Rural Lands Protection Board.
2.4 "Director"
shall mean those persons duly elected or appointed as Directors under the Rural
Lands Protection Act.
2.5 "Department"
shall mean the NSW Department of Primary Industries.
2.6 "Council"
shall mean the State Council of Rural Lands Protection Boards
2.7 "Industrial
Committee" shall mean the Rural Lands Protection Boards (State) Industrial
Committee
2.8 "Association"
shall mean the Public Service Association and Professional Officers’
Association Amalgamated Union.
2.9 "Union"
shall mean The Australian Workers’ Union, New South Wales
2.10 "Joint
Consultative Committee" shall be a committee comprising one member of each
vocational group and a nominee of the Association and the Union and not more
than an equal number of members of the State Council Industrial Committee.
2.11 "Legal
Training Courses" shall mean those Legal Training Courses conducted by the
Department or State Council.
2.12 "Administrative
Officer" shall mean that category of employee qualified and appointed to
serve the administrative requirements and duties of a Rural Lands Protection
Board.
2.13 "Customer
Service Officer" shall mean that category of employee qualified and
appointed to assist in the administrative requirements and duties of the Rural
Lands Protection Board.
2.14 "District
Veterinarian" shall mean that category of employee employed to carry out
duties under section 43 of the Rural Lands Protection Act 1998,
qualified and appointed to a district.
2.15 "Executive
Officer" shall mean that category of employee qualified and appointed
under clause 5.2 of this Award.
2.16 "Field
Assistant" shall mean that category of employee qualified and appointed to
assist in the field operations of the Rural Lands Protection Board.
2.17 "Manager"
shall mean that category of employee qualified and appointed under clause 5.2
of this Award.
2.18 "Office
Coordinator" shall mean that category of employee qualified and appointed
under clause 5.4.4 of this Award.
2.19 "Ranger"
shall mean that category of employee qualified and appointed to perform duties
as Ranger in a Board’s district.
2.20 "Temporary
Employee" is one who is employed for a fixed term.
2.21 "Casual
Employee" is one who is employed from time to time to do work as and when
required with employment being a series of hourly or daily hirings. The
employment ends at the completion of each engagement.
2.22 "Month"
shall mean calendar month.
3. Industry and Scope
of Award
This award shall apply to the employment relationship
between Rural Lands Protection Boards and the employees of Boards for whom
terms and conditions of employment are included in this award, in the
performance of work within each Board’s district in or in connection with or
incidental to the Rural Lands Protection Act, the Stock Diseases Act, and any
other relevant legislation, including the following:
(a) the levying
and collection of general and animal health rates in respect of rateable land;
(b) the provision
of animal health services;
(c) the care,
control and management of travelling stock reserves and camping reserves;
(d) the care,
control and management of stock watering places;
(e) the
suppression and destruction of pest animals and pest insects;
(f) registering
stock brand designs, earmark designs, ear tattoo designs, tail tags and other
means prescribed by the relevant regulations for identifying stock on holdings;
and
(g) any other
duties as required by a Board that are relevant to such legislation.
4. Contract of
Employment
4.1 Wherever
possible, full-time employment should be implemented.
4.2 Part-time
Employees -
(a) Boards may
employ persons on a part-time basis in any area of operation of the Board. A part-time employee is, for all purposes of
the award, entitled to the same terms and conditions as a full-time employee,
provided that in all cases entitlement is determined on a pro rata basis.
(b) The number of
hours per week to be worked by a part-time employee shall be mutually agreed
between the employee concerned and the Board and such agreement shall be set
out in writing, provided that, in the absence of an agreement, the minimum
number of hours worked shall be seven hours 36 minutes (i.e. one day).
(c) Once the hours
to be worked are agreed upon, any time worked at the direction of the Board by
part-time employees in excess of 38 hours per week shall be deemed to be
overtime and the overtime provisions of this award shall apply.
(d) A part-time
employee may work less than five days per week.
(e) Part-time
employment shall not act to the detriment of full-time employees and no
full-time employee shall be required to work part-time.
(f)
(i) A person who
is initially employed to work part-time may elect to work full-time at any
time, subject to the Board’s convenience and the availability of work for the
classification and grade of the position.
(ii) A full-time
staff member who, with the approval of the Board, elects to work part-time for
a set period will be guaranteed the right of return to full-time work at the
end of the period, provided that this is specified, negotiated, and agreed in
writing by the Board at the outset.
(iii) Full-time
staff members who elect to work part-time and who have not specified that they
wish to return to full-time work may elect to return to full-time work at any time,
subject to the Board’s convenience and the availability of work for the
classification and grade of the position.
(g) Job sharing -
The policy of job sharing is agreed. Procedures will be as agreed between the
parties to this award.
(h) If any dispute
arises in relation to the application or operation of this clause, the dispute
settling procedures contained elsewhere in this award shall be used.
4.3 Temporary
Employees -
(a) Boards may
employ persons on a temporary basis.
(b) The period of
employment shall be notified in writing to the employee at the commencement of
the employment and any extensions thereof.
(c) Such persons
shall be entitled to the appropriate award salary rate and conditions during
the term of the employment.
4.4 Casual Employees
- Boards may employ persons on a casual basis.
Such persons shall be paid the appropriate salary rate
on a pro rata basis, plus 15 per cent, together with 1/12 of 115 per cent pro
rata salary in accordance with the Annual Holidays Act 1944.
5. Classifications
and Salary Structures
The award is a paid rates award and the salaries set out in
Part B - Monetary Rates, are the maximum salaries payable to the
classifications unless the Council, pursuant to Section 24 (2) (g) of the Rural
Lands Protection Act otherwise determines. Individual staff of a Board are
entitled to salary sacrifice that part of their salary as agreed between the
staff member and the Board. A Board shall, on the request in writing of a
member of the Association or Union, deduct fortnightly membership fees from the
salary of that employee, in accordance with State Council policy.
The parties objectives in this Award are to give employees
access to fair pay increases; and improve the cost effectiveness of Boards in
New South Wales.
5.1 District
Veterinarians
The salaries of District Veterinarians shall be as set
out in (1) of Table 1 - Salaries, of Part B, Monetary Rates.
5.1.1 An additional
per annum allowance of the amount set out in 1.1 of the said Table 1 shall be
paid to those District Veterinarians serving the Albury, Armidale, Bathurst,
Casino, Deniliquin, Gloucester, Maitland, Moss Vale, Tamworth, Wagga and Young
Districts as at 1 January 1995 until such time as those employees leave those
districts. No further increases to apply to the allowance set out in this
subclause.
5.1.2 First year of
service in the Board system on a continuous basis is probationary and shall be
reviewed and assessed by the Manager, in consultation with the Chairman of the
Board in accordance with Guidelines issued by State Council.
5.1.3 New
appointments to be at the level and grade appropriate for the experience and
skill of the appointee.
5.1.4 Progression
between years in Grades 1, 2 and 3 is subject to 12 months’ satisfactory
service at the previous level and the successful preparation of an animal
health plan which has been approved by State Council as provided by policies
and guidelines issued from time to time by State Council. It is also subject
to:
(i) Demonstrating
to the Manager, in consultation with the Chairman of the Board the achievement
of the animal health plan goals, with due consideration of any changed
circumstances.
(ii) Demonstrating
to the Manager, in consultation with the Chairman of the Board flexibility in
meeting the Board and Ratepayer requirements in the previous year.
(iii) Demonstrating
to the Manager, in consultation with the Chairman of the Board working as part
of a team with other staff of the Board.
(iv) The Manager is
to coordinate items (i) (ii) and (iii) above.
5.1.5 Progression
from Grade 1 to Grade 2 shall be by application by the District Veterinarian to
the Board and assessment (which shall be organised by the Manager), by the
Board and the Senior Field Veterinary Officer for the district, or in their absence,
another district, that the following criteria have been satisfied:
(i) Satisfactory
completion of 12 months service at maximum level of Grade 1.
(ii) Authority as
Inspector under the Stock Diseases Act.
(iii) Completion of
the following training courses:
(a) Stages 1,2 and
3 Legal Training courses.
(b) Communications
Skills Training course.
(c) Training in
Supervision of 1080.
(d) Infringement
Notice Training.
(iv) Familiarity
with and ability to interpret NSW Agriculture Animal Health Policy.
(v) Familiarity
with and ability to exercise appropriate functions in accordance with policy
under:
(a) Stock
Diseases Act 1923.
(b) Rural Lands
Protection Act 1998.
(c) Interstate
requirements for movement of livestock.
(d) Natural
disaster relief policies.
(e) Stock
(Chemical Residues) Act 1975.
(f) Veterinary
Surgeons Act 1986.
(g) Prevention
of Cruelty to Animals Act 1979.
(h) Exotic
Diseases of Animals Act 1991.
(vi) Demonstrated
the following:
a. An animal
health plan (AH plan) has been submitted each year which meets core
requirements of State and National programs
b. Core State and
National program goals as outlined in the AH plan are satisfactorily addressed.
c. Core
reporting requirements in the AH plan are met in a timely manner
d. Supervisor of
Rangers in Animal Health regulatory duties
e. Executive
Officer to the AH Committee of the Board
f. Ability to
locate and interpret relevant AH policy documents
g. Ability to
locate and interpret interstate movement requirements
h. Competency in
basic computer skills to meet requirements of the AH system
i. Attended
Emergency Management one day course or equivalent
j. Meeting standards for recording AH events within the
district for certification and surveillance
k. Undertaking
Continuing Professional Education to meet guidelines of the Veterinary Surgeons
Board
l. Regular
attendance at Regional AH meetings
m. Obtain
accreditation under EADP training program to Field Surveillance Veterinarian
standard.
5.1.6 Progression
from Grade 2 to Grade 3 shall be by application by the District Veterinarian
with supporting documentation to the Board. The Board shall comment on the
application and the Manager shall organise an assessment by a panel comprising
a nominee of the Board, a Senior Field Veterinary Officer from another
district, and a nominee of the Association of District Veterinarians of at
least Grade 3, that the following criteria are satisfied:
(i) Satisfactory
completion of 12 months at maximum level of Grade 2.
(ii) Demonstrated
the following:
a. The AH plan
is integrated into a budgeted and resourced format
b. All major
goals for local, state, and national programs as outlined in the AH plan have
been satisfactorily addressed.
c. As Executive
Officer, provide formalised documentation of regular AH committee meetings.
d. Coordination
of training and development of staff for AH duties.
e. Attended
training at Veterinarians course at the Australian Animal Health Laboratory.
f. Regular
contribution to Regional Animal Health meetings.
g. Involvement in
discussions of policy changes at Regional Health meetings.
h. Contribution
to the Animal Health system as a whole.
(iii) Competence in
the following fields:
a. Epidemiology
- having attended a workshop or obtained skills equivalent to those offered by
Epidemiology for Field Veterinarians.
b. Diagnosis of
diseases of important livestock species.
c. Gross
pathology of livestock species.
d. Knowledge of
the economic impact of diseases of important livestock species.
e. Advising on
diseases important to livestock systems within the district.
f. Livestock
management systems of significance within the district.
5.1.7 Accelerated
Progression
(i) The
Industrial Committee of State Council may grant accelerated progression in Grades
2 and 3 from one year to any other year in the same Grade, on written
application from the District Veterinarian to the Board, who shall forward it,
together with their comments, to the Animal Health Manager of State Council.
Such application is to demonstrate that:
a) General duties
within the Board are being performed by the District Veterinarian at a superior
level (to be assessed by the Manager of the Board, after consultation with the
Chairman of the Board and the Senior Field Veterinary Officer),
b) A major or
significant contribution to a Board, Regional, or State-wide issue affecting
the industry has been made by the District Veterinarian since the last
progression (to be assessed by the Animal Health Committee of State Council).
(ii) The progression
shall take effect from one (1) month after the date of lodgement of a
successful application to the Board.
(iii) In all cases
where an application is refused, the District Veterinarian must receive a
written explanation from the Industrial Committee.
5.1.8 Progression
from Grade 3 to Grade 4 shall be by application (in triplicate) by the District
Veterinarian with supporting documentation to the Board. The Board will comment
on the application and the Manager shall forward the application to the CEO of
State Council. The CEO will arrange an
assessment by a panel comprising a nominee of the Chief Veterinary Officer, a
nominee of the State Council and a nominee of the Association of District
Veterinarians at Grade 4 level. At
least one panel member should have sat on a previous panel. A Board Director may sit as an observer.
(i) The following
criteria must be satisfied:
a. Satisfactory
completion of 12 months on maximum level of Grade 3.
b. The AH
committee has been heavily involved in the planning, budgeting and evaluation
of the plan.
c. Provided
Board or AH committee with briefings on AH issues that have local, Regional or
State implications.
d. Demonstrate
that, where appropriate, a team approach with leadership by the DV is utilised
to achieve AH plan objectives.
e. Membership of
the Australian College of Veterinary Scientists in a subject relevant to the
duties of a DV or equivalent post-graduate qualification.
f. Competencies
sufficient to be accredited under the EADP to perform a Control Centre role.
g. Demonstrated
continuing, active and high quality contribution to the State AH system as a
whole, with major or significant contributions to State-wide animal health
programs.
h. Demonstrate
continuing and active contribution to debate and progression of Regional Animal
health issues through the Regional Animal Health meetings and other means.
i. Briefing of
Directors and staff on changes to AH policy changes and implications and where
appropriate, provide training required by such changes.
j. High level
of skill in the diagnosis, treatment, control, prevention, and management of
Animal Health problems in the important livestock enterprises in the district.
k. Major input
into the adoption of improved Animal Health practices by industry with evidence
of substantial benefit.
l. Substantial
high output of high quality advisory material.
m. Demonstrated
cooperation with other functional areas, other disciplines, and other agencies.
n. High level of
input into the planning and achievement of the Board’s corporate goals.
5.1.9 Progression
from Grade 4 year 1 to Grade 4 years 2 and 3 shall follow 12 months’
satisfactory service at the previous level and the successful preparation of an
animal health plan which has been approved by State Council as provided by
policies and guidelines issued from time to time by State Council.
5.1.10 Progression
between the years in Grade 4 shall be subject to the applicant demonstrating to
the Manager, in consultation with the Chairman of the Board and the Senior
Field Veterinary Officer, that they are performing at the level that resulted
in their progression to Grade 4.
5.1.11 For District
Veterinarians who, at the commencing date of this Award were receiving Grade IV
year 1 salary, progression to Grade 4 years 2 and 3 shall be subject to the
applicant undertaking and meeting the criteria and process as set out in clause
5.1.10.
5.1.11.1 For
District Veterinarians who, at the commencing date of this Award, were
receiving Grade II year 3 salary under the previous award, progression to Grade
3 year 2 of this Award shall be subject to the person undertaking and meeting
the criteria and process as set out in clause 5.1.6.
5.1.11.2 For
District Veterinarians who, at the commencement of this award, were receiving
Grade I year 3 salary under the previous Award, progression to Grade 2 year 2
of this Award shall be subject to the person undertaking and meeting the
criteria and process as set out in clause 5.1.5.
5.1.12 In all cases
where an application for progression is refused, the District Veterinarian
shall receive a written explanation of the reasons for the decision.
5.1.13 If any officer
feels that any application for progression has not been reasonably treated, an
appeal may be made to a tribunal consisting of one member of State Council, a
Senior Field Veterinary Officer and a District Veterinarian who has reached the
grade being applied for.
5.1.14 The effective
date of progression from Grade 3 to Grade 4 shall be one (1) month after the
date of lodgement of a successful application.
5.2 Executive
Officers and Managers
The salaries of Executive Officers and Managers shall
be as set out in (2) of Table 1-Salaries, of PART B, Monetary Rates
5.2.1 First year of
service in the Board system on a continuous basis is probationary and shall be
reviewed and assessed by the Chairman of the Board in accordance with
Guidelines issued by State Council. Initial appointments are to be made at 1st
year salary of the position. Grades 1, 2, and 3 Managers are full-time
positions.
5.2.2. Establishment
of Positions
(i) Managers
appointed under the previous award shall be appointed Manager under this Award
and shall be paid the salary applying to their Board as listed in PART B -
Monetary Rates at the first (1st) year of service effective from 1 July 2004.
(ii) All Boards
who have not appointed a Manager or Executive Officer as at the commencing date
of this Award shall, by 31 December 2004, apply to State Council for approval
to establish the position of Manager or Executive Officer as indicated in PART
B - Monetary Rates. A Board may make application to the Industrial Committee
for a 12 months extension of time in which to establish the position of Manager
or Executive Officer based on special circumstances.
(iii) After
approval by State Council the Board is responsible for obtaining a written
application within six months of the commencement of this Award from the
Administrative Officer or Executive Officer (if any) for an interview and
assessment for the appropriate position by an assessment panel.
(iv) Should there be
no existing Administrative Officer or Executive Officer the Board shall
advertise the position externally and a selection committee shall assess
applications.
(v) For internal
applicants the assessment panel will consist of:
(a) a Board
Director appointed by State Council (who shall be Chairman).
(b) a nominee of
the Managers Association.
(c) up to two (2)
persons with special skills appointed by State Council.
(d) a Director of
the applicant’s Board may sit as an observer at the interview.
(vi) The assessment
panel will report their findings to the Industrial Committee of State Council
or a delegate of the Industrial Committee, for determination.
(vii) The salary
level of successful applicants shall be the first year rate of the relevant
grade effective from 1 April 2005, providing they pass the initial assessment.
(viii) If a salary
increase at any one time exceeds $9,000, then
(a) the initial
increase shall be reduced to $4,000 plus any general percentage (%) increase
applying to all categories at that time, and
(b) subsequent
progression shall be limited to $4,000 plus any general percentage (%) increase
applying to all categories at that time, until such time as the salary equals
the salary for the relevant Board as set out in (2) of Table 1 - Salaries of
PART B, Monetary Rates.
(ix) If an existing
employee is appointed Manager or Executive Officer under this Award and the
relevant salary is lower than their existing salary, the existing salary shall
continue to be paid until such time as the Award prescribes an amount greater
than the existing salary figure.
(x) If a Manager
or Executive Officer is paid their existing salary, in accordance with (viii)
above, the salary shall continue to be calculated to include any general
percentage (%) increases that are received by all categories under the Award.
(xi) For external
applicants to a vacant position, the selection committee will consist of up to
two (2) nominees of the Board; a nominee of State Council; and a nominee of the
Managers Association. At least one (1) member of the selection committee should
have sat on a previous panel. The selection committee will report their
recommendations to the Board for approval to appoint.
(xii) All assessment
and selection panels shall have at least one member who has attended a course
on selection of staff and that member shall chair the panel.
5.2.3 Unsuccessful
Applications
(i) If an
existing employee is unsuccessful in passing the assessment to meet the
requirements to be appointed to the position of Manager or Executive Officer as
prescribed by this Award then the panel shall advise of an appropriate training
course to enable the employee to reach the required skill level to carry out
the requirements of the position.
(ii) The employee
shall be re-assessed by an assessment panel within a twelve-month period to
ascertain whether they have reached the required standard to be appointed to
the position of Manager or Executive Officer as the case may be.
If an employee passes a subsequent assessment, the
salary shall be payable at the first
(1st) year rate from the date of the successful assessment.
(iii) If an
employee is again unsuccessful in passing an assessment for the relevant
position at their Board, the Industrial Committee may grant up to another
twelve (12) months to qualify. If at
the end of that period the employee fails to pass an assessment, then the
employee shall become redundant and shall receive Severance Pay of two (2)
weeks pay for every year of service, to a maximum of 26 weeks pay.
(iv) The Industrial
Committee of State Council may approve an application from an existing
Administrative Officer for a redundancy payment of two (2) weeks pay for every
year of service, to a maximum of 26 weeks pay at any time during the assessment
process, unless they are appointed as Manager or Executive Officer of their
Board.
(v) If an
Administrative Officer is not appointed as Manager or Executive Officer, then
their salary shall only be increased by the first percentage increase applying
on or after 1 July 2004 and no further
increases shall apply during the term of this Award.
5.2.4 Appeal
(i) If an
applicant considers that an application for appointment to the position has not
been treated reasonably on the grounds of merit, they may request a review by
the interview panel.
(ii) If an
applicant considers that an application for appointment to the position has not
been treated reasonably on procedural grounds, the applicant may appeal to the
State Council Industrial Committee.
5.2.5 Executive
Officer
Responsibilities:
(1) Responsible
for the Boards management accounting and financial accounting to audit.
(2) Responsible
for the systems administration of the Boards computer networks and resources.
(3) Responsible
for maintenance of all policy documents of the Board.
(4) Responsible
for ensuring that all staff comply with the OH&S policy of the Board.
(5) Co-ordination
of all Board resources.
(6) Coordination
of policy development and planning by Directors and staff.
(7) Coordination
of policy advice from staff to Board.
(8) Coordination
of reporting on management and operational plan performance.
(9) Coordination
of training for Directors and staff.
(10) Management of
all staff personnel matters including salary and allowances, leave, other
entitlements, problems, counselling and complaints.
(11) Providing all
staff with relevant advice on Board decisions, State Council matters and Board
requirements for advice or action by staff.
(12) Assisting staff
to draft management and operational plans that comply with requirements.
(13) Facilitation of
regular staff meetings and management meetings with the Chairman and staff.
(14) Management
Planning.
"Coordination" means the bringing together of
the relevant Directors, staff, material and resources to achieve harmonious
progress to the targeted outcome.
"Resources" means the physical and financial
assets of the Board and includes staff.
Qualifications:
Financial Services Certificate IV from TAFE or
demonstrated practical experience considered by the Board to be equivalent.
Progression
(i) After initial
appointment, progression to year 2, 3,and 4 shall be made on application to the
Board.
(a) The Board
shall certify whether the applicant has satisfactorily performed the annual
assessment criteria.
(b) The Board
shall certify whether it has received a satisfactory audit management letter in
the year preceding the progression.
(ii) Progression
to year 2 is subject to attending and completing courses on OH&S and
conflict resolution as approved by State Council.
(iii) Progression
to year 3 is subject to attending and completing two (2) legal training courses
approved by State Council.
(iv) Progression to
year 4 is subject to attending and completing a course on Human Resource
Management as approved by State Council.
(v) Employees
appointed to year 4 on commencement of this Award shall be required to attend
and complete a course as approved by State Council, within a time approved by
State Council.
5.2.6 Manager
Responsibilities
1. Responsible
for the Board’s financial management through to Audit.
2. Responsible
for the systems administration of the Board’s computer networks and resources.
3. Responsible
for maintenance of all policy documents of the Board.
4. Responsible
for ensuring that all staff comply with OH&S policy of the Board.
5. Co-ordination
of policy development and planning for Directors and staff and subsequent implementation.
6. Co-ordination
and implementation of training on management and operational plan performance.
7. Co-ordination
and implementation of training of Directors and staff.
8. Human Resource
Management including but not limited to salary and allowances, leave, other
entitlements, problems, counselling and complaints.
9. Providing all
staff with relevant advice on Board decisions, State Council matters and Board
requirements for advice or action by staff.
10. Co-ordination
and Assisting Directors and staff to prepare management and operational plans
and subsequent review and measurement of these plans.
11. Facilitation of
regular staff meetings and management meetings with Chairman and senior staff.
12. Provide
guidance and support to administrative and other staff in customer relations.
13. Management of
activities of all staff, to ensure that the Board is operating efficiently,
recognising that individual staff in certain circumstances are responsible for
the technical and regulatory requirements of their position under the
Veterinary Surgeons Act, Stock Chemical Residues Act, and Stock Diseases Act.
14. Monitoring
staff performance against agreed targets of all staff.
15. Provide
leadership to the staff of the Board to promote an harmonious and professional
workplace.
Qualifications:
(i) Financial
Management Skills at a high level.
(ii) Supervision
qualifications; or demonstrated skills in supervision; or relevant quality
experience in supervision.
(iii) Special
skills in an area which significantly assists the Board in its functions.
(iv) Knowledge of
the Award, its application, and relevant industrial relations practices,
including dispute settling procedures and disciplinary procedures.
(v) Management
qualifications or quality experience in management.
(vi) Knowledge of
management strategies.
(vii) Organisational
skills.
(viii) Advanced
written and oral presentation skills.
(ix) Knowledge of
Information Technology systems.
(x) External
applicants for the position of Manager Grade 3 would be expected to have an
appropriate tertiary qualification in either business, finance, management,
human resource management, or some other qualification deemed equivalent by the
selection committee.
Progression
(i) After initial
appointment, progression to years 2 and 3 shall be made on application to the
Board.
(a) The Board
shall certify whether the applicant has satisfactorily performed the annual
assessment criteria.
(b) The board
shall forward the application and certificate to State Council for approval to
progression.
(c) State Council
shall certify whether the Board has received a satisfactory audit management
letter and the statutory report, function management plans and annual report of
the Board have been satisfactorily completed and lodged on time in the year
preceding the progression.
(ii) Progression
to year 2 is subject to attending and completing courses on supervision and
conflict resolution approved by State Council.
(iii) Progression
to year 3 is subject to attending and completing a course on Human Resource
Management that adds to management ability, as approved by State Council.
5.3 Customer
Service Officers
The salaries of Customer Service Officers shall be as
set out in (3) of Table 1-Salaries, of Part B, Monetary Rates.
5.3.1 The first three
(3) months of service in the Board system on a continuous basis is probationary
and shall be reviewed and assessed by the Manager in accordance with Guidelines
issued by State Council.
5.3.2 Initial
appointments may be made to any Grade that is appropriate to the qualifications,
competence and duties of the appointee.
5.3.3 Conditions for
Normal Progression -
(i) Progression
from Grade 1 through to Grade 4 shall be by way of completion of the number of
years service at each level. The progression shall be subject to satisfactory
conduct and performance, as assessed by the officer’s supervising officer, and
subject to approval by the Board.
(ii) Staff who
complete one year of service on Grade 1 shall be eligible to progress to Grade
2, year 1 subject to meeting progression criteria in subclause (i).
(iii) Staff who
complete one year of service on Grade 2 year 1 shall be eligible to progress to
Grade 2 year 2, subject to meeting progression criteria in subclause (i).
(iv) Staff who
complete one year of service on Grade 2 year 2 shall be eligible to progress to
Grade 3 year 1, subject to meeting progression criteria in subclause (i).
(v) Staff who
complete one year of service on Grade 3 year 1 shall be eligible to progress to
Grade 3 year 2, subject to meeting progression criteria in subclause (i).
(vi) Staff who
complete one year of service on Grade 3 year 2 shall be eligible to progress
to Grade 4 year 1, subject to
meeting progression criteria in subclause (i), and subject to completing the
following training courses as approved by State Council:
(a) Customer Focus
for Supervisors Training.
(b) Legislation
Training.
(c) Conflict
Resolution Training.
(vii) Staff who
complete one year of service on Grade 4 year 1 shall be eligible to progress to
Grade 4 year 2, subject to meeting the progression criteria in subclause (i).
(viii) Staff who
complete one year of service on Grade 4 year 2 shall be eligible to progress to
Senior Customer Service Officer Level 1, subject to meeting progression
criteria in subclause (i), and subject to completing the following as approved
by State Council:
(a) Leadership for
Supervisors Training or equivalent training as determined by State Council.
(b) Records
Maintenance Training.
(c) OH&S Basic
Training, and
(d) Thorough
knowledge of Board Policy and Procedures as assessed by a written assessment
task by the officers supervising officer.
(ix) Staff who
complete one year of service on Senior Customer Officer Level 1, shall be
eligible to progress to Senior Customer Service Officer Level 2, subject to
meeting progression criteria in subclause (i), and subject to completing the
following as approved by State Council:
(a) Financial
Services Certificate III from TAFE or such other qualifications and experience as State Council
considers equivalent.
5.3.4 The assessment
of an employee’s conduct and performance may be on an annual basis; however,
the assessment shall be carried out no less than one month prior to the
incremental date. The employee must be notified in writing by the Board of any
decision and the reasons for such a decision if it is a deferment of the
increment.
5.3.5 Accelerated
Progression -
A Board may grant accelerated progression to any year
of any Grade if the Board certifies, after
consultation with the Manager or Executive Officer, that the employee is
performing above expectation in their current grade and work is available to
perform at the higher level.
5.3.6 Conditions for
Accelerated Progression -
(i) An
application for accelerated progression may be made by an employee who may have
relevant qualifications and experience and who, by the nature and manner of the
work performed, demonstrates high levels of performance.
(ii) An
application for accelerated progression must be made in writing through the
Manager or Executive Officer to the Board. The application will be accompanied
by a recommendation from the Manager or Executive Officer giving the reasons
for support or non-support of the application.
(iii) The
accelerated progression shall take effect from one month after the date of
lodgement of a successful application.
(iv) If, on receipt
of an application, a Board makes a decision not to approve the accelerated
progression, it shall, as soon as practicable, notify the applicant in writing
of the decision, setting out the reasons for the decision.
5.3.7 If a Customer
Service Officer is dissatisfied with the decision of the Board on the question
of progression or accelerated progression they may invoke the procedures
outlined in clause 34, Dispute Settling Procedures.
5.3.8 A Senior
Customer Service Officer must supervise other staff if required by the Board.
5.3.9 Acting as
Office Coordinator, Executive Officer, or Manager.
(i) Customer
Service Officers who are directed by the Board to act as Executive Officer for
five consecutive working days or more shall receive the first year rate of pay
as Executive Officer for the period of relief.
(ii) Senior
Customer Service Officers who are directed by the Board to act as Office
Coordinator for five consecutive days or more shall receive the first year rate
of pay as Office Coordinator for the period of relief.
(iii) Senior
Customer Service Officers who are directed by the Board to act in any position
of Manager (whether graded or ungraded) for five consecutive days or more,
shall receive the first year rate of pay as Manager (ungraded).
(iv) No allowance is
paid for less than five consecutive working days’ relief.
(v) The Board will
direct who will act in the position, and for how long, each time this is necessary,
consistent with E.E.O. principles.
5.4 Office
Coordinators
The salaries of Office Coordinators shall be as set out
in (4) of Table 1 - Salaries, of Part B, Monetary Rates.
5.4.1 Responsibilities
1. Coordinate the
functions of the RLPB office including customer service, information systems,
land database, transfers, stock identification, sales, accountable books,
generation of rates and returns, reminders and follow up action on rates and
returns.
2. Responsible
for the supervision of all Customer Service Officers (CSO), including
assessing, recommending, and coordinating training requirements.
3. Coordinate
regular CSO meetings.
4. Implementation
of the Board’s customer service charter, responsible for maintaining high
standard of internal and external customer service.
5. End of month
financial processing and generation of financial reports for the Manager.
6. Responsibility
for payroll.
7. Executive
support to the Manager
8. Delegated
authority of District Registrar, other delegations as approved by the Board eg:
annual stock movement permits, searches, drought claims.
9. Act in higher
duties when the Manager is absent including executive secretary to the Board.
Coordinate board papers, meetings, take and action minutes.
10. Training of
Senior Customer Service Officers to act in the position of Office Coordinator
(OC) during absences of the OC and when the OC is acting in higher duties
during the Manager’s absences.
5.4.2 Establishment
of Position.
(i) A Board that
has a Grade 3 Manager may establish a position of Office Coordinator.
(ii) A Board that
has a Grade 2 Manager may apply to State Council for approval for the
establishment of a position and comply with any criteria determined by State
Council.
(iii) After
establishment of the position, the Board is responsible for calling for
applications for the position from Customer Service Officers employed by the
Board.
(iv) The Board shall
appoint a selection committee, including one independent person, which shall
recommend to the Board the most suitable applicant for the position.
(v) If there is no
suitable applicant from the Board employees, then the Board may advertise
outside the Board.
5.4.3 The first three
(3) months of service in the Board system on a continuous basis is probationary
and shall be reviewed and assessed by the Manager in accordance with Guidelines
issued by State Council. Initial appointment is to be made at the 1st year
salary of the position.
5.4.4 Conditions for
Appointment and Progression.
(i) Appointment
is subject to the applicant being capable of performing the duties and
responsibilities of the position.
(ii) Progression
shall be by way of completion of years service in the position and subject to
satisfactory conduct and performance, as assessed by the Manager, and subject
to approval by the Board.
(iii) Staff who
complete year 1 shall be eligible to progress to year 2, subject to meeting
progression criteria in subclause (ii), and subject to completing the following
courses as approved by State Council:
(a) Financial
Services Certificate IV from TAFE or such other qualifications and experience
as State Council considers equivalent.
(b) Legislation
training
(c) Team
Development for Supervisors
(iv) Staff who
complete year 2 shall be eligible to progress to year 3, subject to completing
the following courses as approved by State Council:
(a) Records
Maintenance Training
(b) OH&S Basic
Training
(c) Frontline
Management Certificate IV Course
5.4.5 The assessment
of an employee’s conduct and performance may be on an annual basis, however,
the assessment shall be carried out no less than one month prior to the
incremental date. The employee must be notified in writing by the board of any
decision and the reasons for such decision if it is a deferment of the
increment.
5.4.6 If an Office
Coordinator is dissatisfied with the decision of the Board on the question of
progression they may invoke the procedures outlined in clause 34, Dispute
Settling Procedures.
5.4.7 Acting as
Manager
Office Coordinators who are directed by the Board to
act as Manager for five consecutive working days or more shall receive the
first year rate of pay of Manager, at the appropriate grade, for the period of
relief. No allowance is paid for less than five consecutive working days’
relief.
5.5 Rangers
The salaries of Rangers shall be as set out in (5) of
Table 1 - Salaries, of Part B, Monetary Rates.
5.5.1
(i) First year of
service in the Board system on a continuous basis is probationary and shall be
reviewed and assessed by the Manager or Executive Officer after consultation
with the Chairman of the Board, the District Veterinarian or Veterinary
Officer, and the Managing Ranger (if any) or the supervising Ranger in
accordance with Guidelines issued by State Council.
(ii) Initial
appointment may be to any step in Grades 1 and 2, subject to being qualified
and passing a Performance Assessment, if applicable.
(iii) A person must
continue to hold certification as Authorised Control Officer or Inspector of
Stock to qualify holding the position of Ranger.
(iv) The positions
of Grade 3 Ranger, Grade 4 Ranger, and Managing Ranger Grade 5 require current
certification as Authorised Control Officer and Inspector of Stock. Loss of
certification as an Authorised Control Officer or Inspector of Stock
disqualifies a person from holding those positions.
5.5.2 Allowances
(i) A weekly
supervisor’s allowance as set out in Item 1of Table 2 - Allowances, of Part B,
Monetary Rates, is payable to Field Assistants, Senior Field Assistants, and
Rangers, who are directed by a Board to supervise the work of a Ranger or Field
Assistant or contractor.
(ii) The weekly
allowance is payable for supervising for part of a week. The allowance is not
payable during the weeks that supervision is not directed; during 5 days leave
or more; nor on termination payment.
(iii) If a Ranger
or Managing Ranger holds a Diploma or Degree, which State Council considers
relevant, then an amount set out in (5) of
Table 1- Salaries, of Part B, Monetary Rates, shall be paid as salary to
the employee.
5.5.3 Conditions for
Normal Progression
(i) Progression
from Grade 1 through to Grades 2, 3 and 4 shall be by way of completion of the
number of years of service at each Grade and subject to certification by the Manager
or Executive Officer, after consultation with the Chairman of the Board, the
District Veterinarian or Veterinary Officer and the Managing Ranger (if any) or
the supervising Ranger that the Ranger is performing satisfactory service, and
has completed all the required Units of study.
(ii) The effective
date of progression from Grade 1 through to Grades 2, 3, and 4 shall be the
anniversary of the commencement date of employment, except for progression to
Level 2 for persons employed at the commencement date of this award.
(iii) Progression
to Grade 2 Year 1 Level 2 shall be subject to passing the following units of
study:
(a) OH&S
Greencard
(b) RLPB -
Organisation, policy, structure & functions
(c) Legislation
principles
(d) Rangers role,
Saleyard duties & functions
(e) Chemical
Application & Risk Management (AQF 3 or 4)
(f) 1080
Authority and Authorised Control Officer
OR Specimen Collection (for Animal Health Specialist
Rangers)
(g) Vertebrate
Pests course, or passing the examination on the Rangers Manual
OR Introduction to Anatomy & Physiology (for Animal
Health Specialist Rangers)
(iv) Progression to
Grade 2 Year 2 Level 2 shall be
subject to passing the following units of study:
(a) OH&S
(b) Compliance
Principles
(c) Interstate
Health Requirements
(d) Livestock
recognition, handling & tracing
(v) Progression to
Grade 2 Year 3 Level 2 shall be subject to passing the following units of
study:
(a) Communication
and Interpersonal Skills
(b) Client
Services
(c) Self
Enforcement Infringement Notice Training
(d) Prograze OR
Introduction to Pathology (for Animal Health Specialist Rangers)
(vi) Progression to
Grade 3 shall be organised by the
Manager or Executive Officer and shall be subject to:
(a) Two (2) years
service as a Ranger
(b) Passing all
the units of study for Grades 1, 2, and 3 at level 2 standard
(c) Passing an
examination on the Rangers’ Manual as conducted by the District Veterinarian
(d) Passing a
progression review by a panel consisting of a nominee of the Board; the Managing
Ranger (if any) or the supervising Ranger; the Senior Field Veterinary Officer;
and an Agricultural Protection Officer of the Department certifying that all of
the following criteria have been met:
1. Demonstrated
suitable experience and ability to a standard required by the Board to perform
the functions of an Authorised Control Officer, a Stock Inspector, and a Ranger
carrying out duties in connection with Travelling Stock reserves as
appropriate.
2. Ability to
exercise all appropriate functions under:
(a) Stock
Diseases Act 1923.
(b) Rural Lands
Protection Act 1998.
(c) Interstate
Stock Movements.
(d) Disaster
Relief.
3. Ability to
advise on and implement programs in:
(a) Animal
Welfare.
(b) Noxious Weed
Control as it relates to Travelling Stock Reserves if applicable, and Pest
Animal harbour.
(c) Pest Control
if applicable.
(d) Integrated
Pest Management.
(e) Animal Health
Programs for the District.
4. Demonstrated
experience and ability to:
(a) Work without
supervision.
(b) Have input
into Board Policy formulation.
(c) Prepare
adequate reports to the Board.
(d) Maintain
adequate documentation of files and records.
(e) Represent the
Board and the Department in prosecutions if required by the Board.
(f) Organise
Field Days for ratepayers.
(g) Perform
general duties in a competent manner
(vii) If a Board
requires the services of a Specialist Animal Health Ranger, then as an
alternative to subclause 5.5.3 (vi), the Board may approve following criteria
for progression to grade 4:
(a) Passing an examination
for Specialist Ranger on the Ranger’s Manual as conducted by the District
Veterinarian
(b) Two (2) years
service as a Ranger (providing that State Council may approve a lesser period
in a special case);
(c) Passing a
progression review by a panel consisting of a nominee of the Board; the
Managing Ranger (if any) or the supervising Ranger; the Senior Field Veterinary
Officer or their representative and a nominee of the Department certifying that
all of the following criteria have been met:
(d) Demonstrated
suitable experience and ability to a standard required by the Board and the
Department to perform OJD functions or Footrot functions or any other functions
which the State Council approves on a case
by case basis.
(e) Demonstrated
that the Specialist Ranger is performing at a high level of skill in the
speciality; and achieving a sustained high output of advisory work.
(viii) Progression to
Grade 3 Level 2 shall be subject to passing the following units of study:
(a) Office systems
practice
(b) Train Small
Groups
(ix) Progression to
Grade 4 shall be organised by the Manager or Executive Officer and shall be
subject to:
(a) Five (5) years
continuous service as a Ranger
(b) One (1) year
service on Grade 3
(c) Passing an
examination on the Rangers’ Manual as conducted by the District Veterinarian.
(d) Demonstrating
to the Manager or Executive Officer, who shall consult with the Chairman of the
Board, the District Veterinarian or Veterinary Officer and the Managing Ranger
(if any) or the supervising Ranger, that they are performing at a level that
resulted in their progression to Grade 3.
(x) Progression to
Grade 4 Level 2 shall be subject to passing the following units of study:
(a) Legislation
Practices
(b) Compliance
Practices
(c) Financial
Planning and Budgeting
(d) Infected
Premises Security Coordinator OR Infected Premises Site Supervisor
(e) Chemical
Application & Risk Management (AQF 3 or 4)
5.5.4 Appointment of
Managing Ranger Grade 5
(a) Appointment to
Managing Ranger Grade 5 depends on:
(i) Establishment
of the position by the Board.
(ii) Supervising
at least two other Rangers.
(iii) Being
required by the Board to perform all of the duties in paragraph 5.5.4 (b) (ii)
of this subclause.
(iv) Passing the
Performance Assessment. The position must be established before application can
be made for assessment.
(v) Salary is paid
from date of appointment by the Board.
(b) Appointment to
Managing Ranger Grade 5 shall be subject to:
(i) Meeting all
the requirements of the position of Ranger Grade 4; and
(ii) Passing an
assessment on the following duties by a panel consisting of a nominee of the
Board (other than a Director or staff member of that Board); a nominee of State
Council; and a current Managing Ranger. At least one (1) panel member should
have sat on a previous panel.
(a) Supervise all
field staff and contractors (excluding District Veterinarian and specialist
animal health staff).
(b) Manage the
Board’s Vertebrate Pest Control Policy and responsibilities.
(c) Develop and manage
the Board’s land management plans, operations, reporting policies and
responsibilities as appropriate.
(d) Budgeting and
financial management of the Board’s field operations (excluding animal health).
(e) Co-ordination
with other Board staff and staff of other Boards and Agencies.
(f) Manage the
training of field staff.
(g) Being actively
involved in the recruitment of field staff and contractors.
5.5.5 Progression to
Managing Ranger Grade 5 Level 2 shall be subject to passing the following units
of study:
(i) Selection
Techniques
(ii) Team
Development for Supervisors (Frontline Management )
(iii) Innovation
for Supervisors
(iv) Operational
Management
(v) Customer focus
for Supervisors
(vi) Leadership for
Supervisors
(vii) OHS for
Supervisors
(viii) Restricted Area
Movement and security OR Infected
Premises Operation Manager
5.5.6 Accelerated
Progression -
The Board may grant accelerated progression from Grades
1 and 2 to any year in Grade 2 at any time if the Board certifies that the
Ranger is qualified for the progression; has completed all the required Units
of study; and is performing above expectation.
Accelerated progression shall take effect from one (1)
month after the date of lodgement of a successful application for accelerated
progression.
5.5.7 Progression
Dates
(i) The effective
date of progression to each Grade or year within a Grade shall be the
anniversary of the commencement date of employment.
(ii) If an
employee is granted accelerated progression the employee shall have a progression
date one year after the accelerated progression date.
(iii) If
progression date is subject to passing a course, and the course is not
available at the date of normal progression, and an application for progression
has been made one (1) month before the normal progression date, and if the
course is successfully completed, then the progression date is 1 month after a
successful written application for progression.
(iv) The effective
date of progression to Level 2 in each Grade is the date that the employee
passes all the required units of study, completed the required years of
service, is performing satisfactorily as certified by the Manager, and approved
by the Chairman of the Board, provided that progression to Level 2 in all
Grades shall not be before 1 July 2005.
Appeal
5.5.8 If a Ranger is
dissatisfied with the decision of the Manager or Executive Officer or Board on
the question of progression or accelerated progression they may invoke the
procedures outlined in clause 34 Dispute Settling Procedures.
5.5.9 The State
Council may, with the agreement of the Executive of the Rangers Association,
substitute a Unit of study for another Unit of study.
5.6 Field
Assistants - The salaries of Field Assistants shall be as set out in (6) of
Table 1 - Salaries, of Part B, Monetary Rates.
5.6.1
(i) First year of
service in the Board system on a continuous basis is probationary.
(ii) Initial
appointment may be to Level 1 Field Assistant or Level 2 Field Assistant,
depending on the duties required to be performed.
Classification Structure for Appointment of Field
Assistants:
5.6.2 Level 1 Field
Assistant
Appointment to the position of Level 1 Field Assistant
depends on the following:
(i) establishment
of the position by the Board; and
(ii) the person
being capable of and required by the Board to perform the following duties:
(a) Carry out work
in connection with the maintenance of travelling stock routes and reserves and
stock watering places, including windmills, fencing, yard building, timber treatment,
water storage tanks, troughing and pipelines.
(b) Carry out weed
control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and
spread cochineal and cactoblastis insects.
(c) Carry out pest
insect control using chemicals, boomsprays, misters and hand sprays.
(d) Assist in any
other tasks as reasonably required by the Board.
5.6.3 Level 2 Field
Assistant
Appointment to the position of Level 2 Field Assistant
depends on the following:
(i) establishment
of the position by the Board; and
(ii) the person
being capable of and being required by the Board to perform the following
duties:
(a) Assist Ranger
carrying out pest animal control programs, for example:
preparation of bait material, bait deliveries, bait
laying, area surveillance, spreading of myxomatosis and Rabbit Calicivirus
Disease, use of fumigation equipment, dogging of rabbits.
(b) Assist Ranger
carrying out pest insect control programs if applicable in employing Board.
(c) Assist Ranger
in saleyard monitoring of stock.
(d) Assist Ranger
in lice inspections.
(e) Assist Ranger
in impounding of stock.
(f) Assist
District Veterinarian, Ranger or Footrot Advisory Officer in footrot
eradication programs.
(g) Keep a daily
diary and records on weed control, windmill repairs, water pumping repairs,
maintenance on holding yards and any other records as required by the Board.
(h) Assist Board
staff at Field Days.
(i) Fixes repair
and maintenance vehicles, plant and equipment and carries out basic workshop
duties.
(j) Carry out
work in connection with the maintenance of travelling stock routes and reserves
and stock watering places, including windmills, fencing, yard building, timber
treatment, water storage tanks, troughing and pipelines.
(k) Carry out weed
control using chemicals, boomsprays, handsprays, misters, hoes and ploughs and
spread cochineal and cactoblastis insects.
(l) Carry out
pest insect control using chemicals, boomsprays, misters and handsprays.
(m) Assist in any
other tasks as reasonably required by the Board.
5.6.4 Senior Field
Assistant
Appointment to the position of Senior Field Assistant
depends on the following:
(i) Establishment
of the position by the Board;
(ii) Two (2) years
service as a Field Assistant or such other experience as the Board deems
equivalent;
(iii) The person
being capable of and being required by the Board to perform the following
duties:
(a) All the duties
of a Level 2 Field Assistant at a superior level as determined by the Board.
(b) Ability to
work without supervision.
(c) Capable of
carrying out the OH&S policies of the Board
6. Competency and
Training
6.1 The Board may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of the Rural Lands Protection Boards Conditions (State) Award
published 2 December 1994 (282 I.G. 946), as varied, provided that such duties
are not designed to promote de-skilling.
6.2 The Board may
direct an employee to carry out such duties and use such tools and equipment as
may be required, provided that the employee has been properly trained in the
use of such tools and equipment.
6.3 Any direction
issued by a Board pursuant to subclauses 6.1 and 6.2 shall be consistent with
the Board's responsibilities to provide a safe and healthy working environment.
7. Hours of Work
7.1 Hours of work,
exclusive of meal breaks, shall not exceed an average of 38 hours per week.
Wherever possible, regularised hours of work should be maintained and rosters
should be mutually agreed between the Board and the employee. A lunch break of at least 30 minutes must be
given to and taken by all employees. No
employee shall be required to work continuously for more than 5 hours without a
break.
7.2 Where an
employee, by agreement with the Board, works in excess of 38 hours in any one
week, the employee shall be entitled to equivalent time off at a later time,
that time to be mutually agreed between the Board and the employee concerned so
that, over the period of time concerned, the average number of hours per week
the employee works equals 38.
7.3 In the absence
of an agreement to the contrary, time off in lieu of excess hours shall be
acquitted within a four-week period of the excess hours being worked, so that
over the four-week cycle the employee works a total of 152 hours.
7.4 Provided that,
in the absence of an agreement to the contrary, time off in lieu of excess
hours not acquitted within a four-week period of the excess hours being worked
shall be forfeited.
7.5 Provided that
an employee and a Board may agree to either:
(a) defer the
taking of time off in lieu to a date beyond the four-week cycle; or
(b) defer the
taking of the time off in lieu to be taken in conjunction with annual or other
leave.
7.6 Provided that all
excess time shall be acquitted within one year of its being worked so that,
over the 52 weeks of any year, the average ordinary hours worked per week equal
38.
7.7 Rangers,
Executive Officers, Managers and District Veterinarians are on call for 24 hours
each day when it is a reasonable request.
7.8 A person
leaving the service of a Board with leave in lieu in credit at the date of
ceasing duty is not entitled to the monetary value of the hours in credit.
7.9 The method to
be used to calculate the hourly rate shall be as follows:
Fortnightly Salary = Annual Salary divided by 26.0714
Hourly Rate = Fortnightly Salary divided by 76.0000
8. Overtime
8.1 Overtime shall
mean one continuous hour or more in excess of 38 hours per week worked at the
direction of the Board which, from its character or from special circumstances,
cannot be performed in accordance with arrangements under clause 7, Hours of
Work.
8.2 Payment for
overtime worked shall not be made under this award without:
(i) Board
approval for the overtime worked; and
(ii) Board
approval for the payment of overtime.
8.3 Approved paid
overtime shall be paid at the following rates:
(i) For all
overtime, other than on Sundays and public holidays, worked in excess of 38
hours per week - at the rate of time and a half for the first two hours and
double time thereafter.
(ii) For all
overtime worked on Sunday - double time for each and every hour; (for overtime
worked on public holidays see clause 12).
(iii) Overtime
rates are not fixed for meal times.
(iv) If an employee
is absent from duty on any working day during any week in which overtime has
been worked by them, the time so lost may be deducted from the total value of
overtime worked by them during the week unless there has been granted leave of
absence for recreation or on account of illness or unless, in the opinion of
the Board, their absence has been caused by circumstances beyond their own
control.
(v) An employee
who works overtime which is not continuous with ordinary working hours shall be
paid a minimum payment as for two hours work at the appropriate rate as
prescribed by this award.
8.4 After
completion of the first continuous hour, overtime shall not be paid for periods
of less than one-quarter of an hour.
8.5 The method to
be used to calculate overtime shall be as follows:
Fortnightly Salary = Annual Salary divided by 26.0714
Hourly Rate = Fortnightly Salary divided by 76.0000
which shall determine the ordinary-time (single) hourly
rate.
8.6 To determine
appropriate rates, the rate determined in 8.5 above shall be multiplied by 3/2
or 2 as the case may be.
8.7 Rangers, Field
Assistants, Managers, Executive Officers, Administrative Officers,
Administrative Assistants and District Veterinarians accept the system of leave
in lieu of overtime as provided in this award.
9. Recreation Leave
9.1 Employees
shall be entitled to paid recreation leave at the following annual rates:
(a) 20 working
days where the employee's headquarters is in a district in the Eastern
Division.
(b) 26 working
days where the employee's headquarters is in the Central or Western Division.
(c) Not more than
40 days recreation leave shall be allowed in any period of 12 months, except
with the approval of the Board.
9.2 Recreation
leave shall not accrue for a period in excess of 50 working days except with
the approval of the Board and any excess will be forfeited, provided the Board
had not prevented the employee taking their leave when due or approval to
accumulate more than the 50 working days had been granted by the Board.
9.3 Recreation
leave hereunder shall be deemed to accrue from month to month and leave so
accrued or any portion thereof may be granted to any employee by the Board at
such time as the Board deems convenient.
9.4 Where the
employment of an employee terminates for any reason whatsoever the employee or
their spouse, children, or other dependent relative or legal representative
shall be paid the monetary value of accrued recreation leave due, calculated at
the rate of remuneration which the employee was receiving at the date when the employee's services
terminated. It shall not be paid to another Board..
9.5 Recreation
leave shall accrue to employees in respect of any period of absence from duty
on long service leave. However, recreation leave only accrues at 50% in respect
of any long service leave at half pay.
9.6 Rangers, Field
Assistants, Managers, Executive Officers, Administrative Officers,
Administrative Assistants and District Veterinarians will take a minimum of ten
consecutive working days as recreation leave during each period of one year
after the first year of service.
9.7 An employee
cannot be paid for recreation leave and also be paid a wage by the Board for
working during that period.
10. Recreation Leave
Loading
10.1 Employees shall
be paid an annual leave loading at the rate of 17.5 per cent for a maximum of
four (4) weeks of recreation leave or part thereof.
10.2 There shall be
an annual leave loading year ending 30 November in every year.
10.3 The full
entitlement to the annual leave loading that the employee has accrued over the
previous 12 months is to be paid to the employee on 30 November in every year
(except there is no entitlement to accrual in the first year of service) up to
a maximum of four weeks; Provided the employee has taken a minimum of 10
consecutive working days as recreation leave in the previous 12 month period,
unless prevented by the Board.
10.4 The annual
leave loading is payable on a pro-rata basis when an employee is granted
recreation leave to their credit, (or the monetary value thereof); maternity
leave; on transfer to another board; resignation; retirement; or termination of
employment; PROVIDED the employee has taken a minimum of 10 consecutive working
days as recreation leave in the previous 12 month period, unless prevented by
the Board
10.5 Broken service
during the year does not attract the annual leave loading, e.g., if an employee
resigns and is subsequently re-employed during the same year, only the service
from the date of re-employment attracts the annual leave loading, subject to
the foregoing conditions.
10.6 For the purpose
of this clause the services of an employee shall be deemed to have commenced at
the date of the person first being employed by a Board and the person's period
of service shall not be deemed to have been interrupted:
(1) by the person
ceasing to be employed by one Board and immediately thereafter, except for a
period of any award leave to which the person was entitled, commencing
employment with another Board; or
(2) by the person
having served or trained in the defence of the Commonwealth.
10.7 Rate of Payment
- The annual leave loading is to be calculated on the salary as at November 30,
or the granting of maternity leave, resignation, retirement or termination of
employment, whichever is applicable.
10.8 On appointment
to another Board, the annual leave loading is payable on a pro-rata basis to
that Board and any leave taken while at the previous Board is taken into
account at the new Board.
11. Long Service
Leave
11.1 Long Service
Leave
(a) Every employee
who has had ten years service shall be entitled to 44 working days leave on
full pay or, with the approval of the board, 88 working days on half pay. After
service in excess of ten years the employee shall be entitled to further leave
proportionate to their length of service after ten years, calculated on the
basis of 110 working days on full pay or, with the approval of the Board, 220
working days on half pay for ten years served after initial service of ten
years. The approval of the Board shall not be unreasonably withheld.
(b) Three months
notice shall be given by the employee to the Board for long service leave of 4
weeks or more, and reasonable notice shall be given for long service leave of
less than 4 weeks, unless special circumstances exist for the taking of such
leave.
(c) The Board
shall give to the employee, and the employee shall take the leave having regard
to the needs of the Board.
11.2 If a public
holiday falls within the period of long service leave, the period of leave is
extended by one working day in respect of that holiday.
11.3 Where service
of an employee with at least five years service and less than ten years service
terminates for any reason other than the employee's serious or wilful
misconduct, the employee shall be entitled to proportionate payment of such
leave, calculated on the basis of two months leave for ten years of service.
11.4 Where the
service of an employee with at least ten years of service terminates by reason
of resignation, retirement or dismissal for any cause, the employee shall be
entitled to leave pursuant to subclause 11.1 of this clause, if not already
taken and in addition to the amount of leave proportionate to the employee's
length of service after ten years calculated on the basis of five months on
full pay after service of ten years; provided that resignation for the purpose
of immediately commencing employment
with another Board shall not be deemed to be resignation for the purpose
of this subclause.
11.5 Where the
service of an employee with at least five years service and less than ten years
service terminates by reason of their death, their next of kin or nominated
beneficiary shall be entitled to receive the monetary value to which the
employee would have been entitled, had the person's services been terminated
for any of the reasons set out in subclause 11.4 of this clause, computed at
the rate of salary such employee received at the time of death.
11.6 When an
employee who is entitled to long service leave with pay dies before entering
upon such leave or after entering upon such leave dies before its termination,
their next of kin or nominated beneficiary shall be entitled to receive the
monetary value of the leave not taken or not completed.
11.7 When an
employee who is entitled to long service leave resigns or has retired, such
employee shall be entitled to receive forthwith the monetary value of such
leave.
11.8 In case of
necessity, the Board may grant leave of absence without salary.
11.9 For the purpose
of this clause the services of an employee shall be deemed to have commenced at
the date of the person first being employed by a Board and the person's period
of service shall not be deemed to have been interrupted:
(a) by the person
ceasing to be employed by one Board and immediately thereafter, except for a
period of any award leave to which the person was entitled, commencing
employment with another Board; or
(b) by the person
having served or trained in the defence of the Commonwealth Employment with
another Board.
11.10 When an employee
is immediately employed by another Board, the former employing Board shall pay
to the newly employing Board a pro-rata payment of the cash equivalent of the
contingent liability based on 44 working days for 10 years service. Example for 2.5 years service, payment will
be 11 working days pay as per Table 3, Long Service Leave Accrual.
11.11 In addition,
where the employee has had more than 10 years service, the former employing
Board shall pay the newly employing Board a pro-rata payment based on 110
working days per 10 years after the initial service of 10 years.
11.12 Long service
leave is calculated on the basis of a 5 day week in accordance with Table 3.
11.13 "Service"
for the purposes of this award means continuous service as defined in Section 4
clause (11) of the Long Service Leave Act 1955.
12. Public Holidays
12.1 In addition to
recreation leave provided for in clause 9, Recreation Leave, employees shall be
entitled to the following public holidays: New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day, next working day after Boxing Day and any days
appointed by the Governor by proclamation in the Gazette to be observed as a
public holiday within the town in which the Board's office is situated.
12.2 A Board may
allow an employee to accrue sufficient excess hours to enable the employee to
take time off in lieu during the days between the next working day after Boxing
Day and New Year’s Day.
12.3 All time worked
on a public holiday at the direction of the Board shall be paid for at the rate
of double time and a half. Alternatively, employees who work on a public
holiday may, by mutual agreement, perform such work at ordinary rates, provided
that leave at the rate of time and a half is added to the employee's annual
leave, or one working day and a half in lieu of such public holiday shall be
allowed to the employee within 28 days of such holiday falling due.
12.4 If an employee
is requested by the Board to work on a Saturday or Sunday at a Field Day, the
employee is entitled to leave-in-lieu at 1.5 hours for each hour on duty.
13. Special Leave
Special leave with pay shall be granted to employees in
certain circumstances as listed below. A Board may, from time to time, specify
other purposes for which special leave may be granted. Special leave applies to
activities which are not regarded as being on duty covered by other forms of
leave.
13.1 Jury Service
(a) An employee is
to be granted special leave for the purpose of attending a court for jury
service, subject to the employee presenting a certificate of attendance from
the Registrar or Sheriff and paying all jury fees, other than travelling
expenses, to the Board.
(b) Special leave
is not available if jury service falls during a period of absence on recreation
leave or long service leave, etc.
(c) When special
leave is not applied for, i.e., where a person elects to take recreation leave,
leave without pay, etc., the jury fee may be retained by the employee.
13.2 Acting as a
member of an industrial committee - An employee appointed as a member of an
industrial committee under the provisions of the Industrial Relations Act
1996 is to be granted special leave for such time as is necessary for committee
deliberations.
13.3 Travelling to
another centre for medical examination - Employees required to travel to
another centre for medical examination at the direction of the Board are to be
granted special leave for the time they are necessarily absent from duty.
13.4 First-aid
officers attending courses to train or retrain first-aid officers - Special
leave is available for attendance at courses conducted to train or retrain
first-aid officers in order to meet Board needs. In such cases the cost of the
course will be met from Board funds, provided that the person is nominated by
the Board to attend the course.
13.5 Blood Donors -
Employees shall be granted special leave to give blood, with such leave being
restricted to the time reasonably necessary.
13.6 Defence Forces
Reserves - Special leave is available to employees who are members of the
Defence Forces Reserves for the purpose of travelling to annual camp and
attendance at medical examinations.
14. Short Leave
14.1 An employee,
other than a casual employee, shall be entitled to up to three working days
short leave without deduction of pay on each occasion of the death of a person
prescribed in subclause 14.3 below. If
such leave in any case exceeds three working days in any 12-month period, the
excess shall be deducted from any recreation leave due to the employee, or the
Board may grant leave of absence without salary.
14.2 The employee
must notify the Board as soon as practicable of the intention to take short
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
14.3 Short leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 15A.1 (c) (ii),
provided that for the purpose of short leave, the employee need not have been
responsible for the care of the person concerned.
14.4 An employee
shall not be entitled to short leave under this clause during any period in
respect of which the employee has been granted other leave.
14.5 Short leave may
be taken in conjunction with other leave available under subclauses 15A2,
15A.3, 15A.4, 15A.5 and 15A.6 in clause 15A. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
14.6 An employee
being an ex-service person may be granted special leave of absence with full
pay in one or more periods up to a maximum of seven working days in any period
of 12 months for the following purposes:
(a) to Attend a
Hospital Or Visit a Medical Officer for a Pension Application, Appeal Or
Review;
(b) to attend a
hospital or medical officer for periodical examination or attention;
(c) to attend a
hospital, medical practitioner, specialist, artificial limb maker, maker of
surgical appliances or factory for the supply, replacement or repair of an
artificial limb or surgical appliance.
15. Sick Leave
15.1 Where the Board
is satisfied that an employee is unable to perform their duties on account of
ill health, it may grant absence on full pay for the relevant period set out in
paragraph (a) of this subclause or the period set out in paragraph (b) of this
subclause, whichever is the longer:
(a) during the
first year of service, at the rate of twelve (12) working days per year accrued
pro-rata; during the second year of service and thereafter, 20 working days in any period of 12 months
or, alternatively:
(b) by
accumulating a period calculated by allowing ten (10) working days for each
completed year of service and deducting therefrom the period of sick leave on
full pay taken by an employee during the person's period of service, provided
that:
(i) leave under
this clause shall not be granted for a continuous period in excess of 120
working days;
(ii) the maximum
period of sick leave on full pay which may be granted to an employee during
their service shall not exceed 400 working days, unless specially approved by
the employing Board.
(c) The benefits
conferred by this clause shall be deemed to accrue as from the date of the
employee being first employed by a Board and there has been no interruption of
service except for a period of any award leave to which the person was entitled.
15.2 The employee
shall, as soon as practicable from the commencement of such absence, inform the
Board or the Board's representative of the employee's inability to attend for
duty and the estimated duration of absence.
15.3 The Board, on
being satisfied that further leave in addition to that provided for in
subclause 15.1 of this clause is necessary on account of illness, may grant
such further leave on such terms as it may consider appropriate in the
circumstances of the case.
15.4 Any employee absent
on account of illness for any period exceeding three consecutive working days
shall submit to the Board a medical certificate, and the Board may require
provision of a medical certificate in respect of absence for a shorter period
owing to illness.
15.5 The Board may
send a medical practitioner or may send an employee to a medical practitioner
to examine any employee who is absent from duty on account of illness and, if
the Board is satisfied by the report of such medical practitioner that the
illness of such employee has been caused by the person's own misconduct, the
fee of the medical practitioner and the employee's salary for each working day
of absence shall be deducted from any monies due or to become due to the
employee. Any employee aggrieved by any such deduction may appeal in accordance
with the procedures in clause 32, Dispute Settling Procedures.
15.6
(a) If the Board
has reason to believe an employee is in such a state of health as to render
them a danger to their fellow officers or to the public, it may require the
employee to obtain and furnish a report of the person's condition from a duly
qualified medical practitioner for examination either by a Government medical
officer or by a medical practitioner named by the Board. The required report is to be provided at the
Boards expense.
(b) Upon receipt
of the medical report the Board may direct the employee to absent themself from
their duties for a specified period and the employee's absence shall be
regarded as absence on leave owing to illness and such leave shall be granted
on terms and conditions set out in this clause.
15.7 If the absence
from duty of an employee arises from circumstances which may give rise to a
claim for payment under the Workers' Compensation Act 1988, the employee
concerned may be paid salary to the extent of the sick leave for which the
person is eligible in accordance with this clause and such payment shall be
regarded as being made pending determination of the conditions on which leave
shall be granted and shall be adjusted when such determination has been made.
15.8 Payments made
in accordance with subclause 15.7 of this clause shall be regarded as inclusive
of compensation (other than medical
expenses) to which the employee may be entitled under the said Act.
15.9 Where the
employee is injured or becomes ill under circumstances which may render the
person eligible to claim compensation under the said Act and such employee
states that they do not intend to claim workers compensation, leave with pay
shall not be granted to such employee.
15.10 Where the
circumstances of any injury to or illness of an employee may give rise to a
claim for damages or compensation otherwise than under the said Act, sick leave
may be granted by the Board in accordance with this clause, upon completion by
the employee of an undertaking in a form approved by the Board that, in the
event of the person's recovering damages or compensation in respect to the
injury or illness, the person shall repay to the Board the monetary value of any
sick leave granted in respect of such injury or illness.
15.11 All accumulated
sick leave is to be transferred to another Board where the employee is
appointed from one Board to another Board without a break in service, except
for accumulated leave under this award.
15A. State Personal
and Carer's Leave Case - August 1996
15A.1 Use of Sick Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement provided for
in clause 15, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single working
day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent 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 purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
15A.2 Unpaid Leave for
Family Purpose:
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause 15A.1 who is ill.
15A.3 Annual Leave:
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five working days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
15A.4 Time Off in Lieu
of Payment for Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12 months
of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this subclause,
the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
15A.5 Make-up Time:
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
15A.6 Rostered Days Off:
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part-
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise, of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
16. Parental Leave
16.1 Subject to the
terms of this clause, employees are entitled to maternity, paternity and
adoption leave and to work part-time in connection with the birth or adoption
of a child.
16.2 Definitions -
For the purpose of this clause:
(a) "Employee"
includes a part-time employee but does not include an employee engaged upon
casual or seasonal work.
(b) "Paternity
Leave" means leave of the type provided for in subclause 16.4.
(c) "Maternity
Leave" means leave of the type provided for in subclause 16.3 (and
includes special maternity leave).
(d) "Child"
means a child of the employee under the age of one year.
(e) "Spouse"
includes a de facto spouse.
(f) "Primary
Care Giver" means a person who assumes the principal role of providing
care and attention for a child.
(g) "Continuous
service" means service under an unbroken contract of employment with a
Board or Boards and includes:
(i) any period of
leave taken in accordance with this subclause;
(ii) any period of
leave or absence authorised by the Board or by the award.
16.3 Maternity
Leave:
16.3.1 Nature
of Leave - Maternity leave is unpaid leave.
16.3.2 Eligibility
for Maternity Leave - An employee who becomes pregnant, upon production to her
employer of the certificate required by paragraph 16.3.3 hereof, shall be
entitled to a period of up to 52 weeks maternity leave, provided that such
leave shall not extend beyond the child's first birthday. This entitlement
shall be reduced by any period of paternity leave taken by the employee's
spouse and, apart from paternity leave of up to one week at the time of confinement,
shall not be taken concurrently with paternity leave.
Subject to paragraphs 16.3.5 and 16.3.8 of this
subclause, the period of maternity leave shall be unbroken and shall,
immediately following confinement, include a period of six weeks compulsory
leave.
The employee must have had at least 12 months'
continuous service with that employer immediately preceding the date upon which
she proceeds upon such leave.
16.3.3 Certification
- When applying for maternity leave the employee must produce to her employer a
certificate from a registered medical practitioner stating that she is pregnant
and the expected date of confinement.
The employee must also produce to her employer a
statutory declaration stating particulars of any period of paternity leave
sought or taken by her spouse and that for the period of maternity leave she
will not engage in any conduct inconsistent with her contract of employment.
16.3.4 Notice
Requirements
(a) An employee
shall, not less than ten weeks prior to the presumed date of confinement, give
notice in writing to her employer stating the presumed date of confinement.
(b) An employee
shall give not less than four weeks notice in writing to her employer of the
date upon which she proposes to commence maternity leave stating the period of
leave to be taken.
(c) An employer by
not less than 14 days' notice in writing to the employee may require her to
commence maternity leave at any time within the six weeks immediately prior to
her presumed date of confinement.
(d) An employee
shall not be in breach of this clause as a consequence of failure to give the
stipulated period of notice in accordance with subparagraph (b) of this
paragraph if such failure is occasioned by the confinement occurring earlier
than the presumed date.
16.3.5 Transfer
to a safe job - Where, in the opinion of a registered medical practitioner,
illness or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to continue
at her present work, the employee shall, if the employer deems it practicable,
be transferred to a safe job at the rate and on the conditions attaching to
that job until the commencement of maternity leave.
If the transfer to a safe job is not practicable, the employee
may, or the employer may require the employee to, take leave for such period as
is certified necessary by a registered medical practitioner. Such leave shall
be treated as maternity leave for the purposes of paragraphs 16.3.9, 16.3.10,
16.3.11 and 16.3.12 of this subclause.
16.3.6 Variation
of period of maternity leave
(a) Provided the
maximum period of maternity leave does not exceed the period to which the
employee is entitled under paragraph 16.3.2 of this subclause:
(i) the period of
maternity leave may be lengthened once only by the employee giving not less
than 14 days' notice in writing stating the period by which the leave is to be
lengthened;
(ii) the period
may be further lengthened by agreement between the employer and the employee.
(b) The period of
maternity leave may, with the consent of the employer, be shortened by the
employee giving not less than 14 days' notice in writing stating the period by
which the leave is to be shortened.
16.3.7 Cancellation
of maternity leave
(a) Maternity
leave, applied for but not commenced, shall be cancelled when the pregnancy of
an employee terminates other than by the birth of a living child.
(b) Where the
pregnancy of an employee then on maternity leave terminates other than by the
birth of a living child, it shall be the right of the employee to resume work
at a time nominated by the employer which shall not exceed four weeks from the
date of notice in writing by the employee to the employer that she desires to
resume work.
16.3.8 Special
maternity leave and sick leave
(a) Where the
pregnancy of an employee not then on maternity leave terminates after 28 weeks
other than by the birth of a living child, then:
(i) she shall be
entitled to such period of unpaid leave (to be known as special maternity
leave) as a registered medical practitioner certifies as necessary before her
return to work; or
(ii) for illness
other than the normal consequences of confinement she shall be entitled, either
in lieu of or in addition to special maternity leave, to such paid sick leave
as to which she is then entitled and which a registered medical practitioner
certifies as necessary before her return to work.
(b) Where an
employee not then on maternity leave suffers illness related to her pregnancy,
she may take such paid sick leave as to which she is entitled and such further
unpaid leave (to be known as special maternity leave) as a registered medical
practitioner certifies as necessary before her return to work, provided that
the aggregate of paid sick leave, special maternity leave and maternity leave
shall not exceed the period to which the employee is entitled under paragraph
16.3.2 of this subclause.
(c) For the
purposes of paragraphs 16.3.9, 16.3.10 and 16.3.11 of this subclause, maternity
leave shall include special maternity leave.
(d) An employee
returning to work after the completion of a period of leave taken pursuant to
this paragraph shall be entitled to the position which she held immediately
before proceeding on such leave or, in the case of an employee who was
transferred to a safe job pursuant to paragraph 16.3.5 of this clause, to the
position she held immediately before such transfer.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, she shall be entitled to a position as nearly comparable in status
and pay to that of her former position.
16.3.9 Maternity
leave and other leave entitlements
(a) Provided the
aggregate of any leave, including leave taken under this subclause, does not
exceed the period to which the employee is entitled under paragraph 16.3.2 of
this subclause, an employee may, in lieu of or in conjunction with maternity
leave, take any annual leave or long service leave or any part thereof to which
she is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during her absence on maternity
leave.
16.3.10 Effects of
maternity leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on maternity leave shall not be taken
into account in calculating the period of service for any purpose of any
relevant award or agreement.
16.3.11 Termination
of employment
(a) An employee on
maternity leave may terminate her employment at any time during the period of
leave by notice given in accordance with this award.
(b) An employer
shall not terminate the employment of an employee on the ground of her
pregnancy or of her absence on maternity leave, but otherwise the rights of an
employer in relation to termination of employment are not hereby affected.
16.3.12 Return
to work after maternity leave
(a) An employee
shall confirm her intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of her period
of maternity leave.
(b) An employee,
upon returning to work after maternity leave or the expiration of the notice
required by subparagraph (a) of this paragraph, shall be entitled to the
position which she held immediately before proceeding on maternity leave or, in
the case of an employee who was transferred to a safe job pursuant to paragraph
16.3.5 of this subclause, to the position which she held immediately before
such transfer or, in relation to an employee who has worked part-time during
the pregnancy, the position she held immediately before commencing such part -
time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, she shall be entitled to a position as nearly comparable in status
and pay to that of her former position.
16.3.13 Replacement
employees
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on maternity leave.
(b) Before an
employer engages a replacement employee the employer shall inform that person
of the temporary nature of the employment and of the rights of the employee who
is being replaced.
(c) Before an
employer engages a person to replace an employee temporarily promoted or
transferred in order to replace an employee exercising her rights under this
subclause, the employer shall inform that person of the temporary nature of the
promotion or transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.4 Paternity
Leave:
16.4.1 Nature
of Leave - Paternity leave is unpaid leave.
16.4.2 Eligibility
for paternity leave - A male employee, upon production to his Board of the
certificate required by paragraph 16.4.3 shall be entitled to one or two
periods of paternity leave, the total of which shall not exceed 52 weeks, in
the following circumstances:
(a) an unbroken
period of up to one week at the time of confinement of his spouse;
(b) a further
unbroken period of up to 51 weeks in order to be the primary care-giver of a
child, provided that such leave shall not extend beyond the child's first
birthday. This entitlement shall be reduced by any period of maternity leave
taken by the employee's spouse and shall not be taken concurrently with that
maternity leave.
The employee must have had at least 12 months'
continuous service with the Board immediately preceding the date upon which he
proceeds upon either period of leave.
16.4.3 Certification
(a) When applying
for paternity leave the employee must produce to his employer a certificate
from a registered medical practitioner which names his spouse, states that she
is pregnant and the expected date of confinement or states the date on which
the birth took place.
(b) In relation to
any period to be taken under subparagraph (b) of this paragraph, the employee
must also produce a statutory declaration stating:
(i) he is seeking
that period of paternity leave to become the primary care-giver of a child:
(ii) particulars
of any period of maternity leave sought or taken by his spouse; and
(iii) for the
period of paternity leave he will not engage in any conduct inconsistent with
his contract of employment.
16.4.4 Notice
Requirements
(a) The employee
shall, not less than ten weeks prior to each proposed period of leave, give the
employer notice in writing stating the dates on which he proposes to start and
finish the period or periods of leave and produce the certification required in
paragraph 16.4.3 of this subclause.
(b) The employee
shall not be in breach of this paragraph as a consequence of failure to give
the notice required in subparagraph (a) of this paragraph, if such failure is
due to:
(i) the birth
occurring earlier than the expected date; or
(ii) the death of
the mother of the child; or
(iii) other
compelling circumstances.
(c) The employee
shall immediately notify his employer of any change in the information provided
pursuant to paragraph 16.4.3 of this subclause.
16.4.5 Variation
of period of paternity leave
(a) Provided the
maximum period of paternity leave does not exceed the period to which the
employee is entitled under paragraph 16.4.2 of this subclause:
(i) the period of
paternity leave provided by subparagraph (b) of paragraph 16.4.2 may be
lengthened once only by the employee giving not less than 14 days' notice in
writing stating the period by which the leave is to be lengthened;
(ii) the period
may be further lengthened by agreement between the employer and the employee.
(b) The period of
paternity leave taken under subparagraph (b) of paragraph 16.4.2 of this
subclause may, with the consent of the employer, be shortened by the employee
giving not less than 14 days' notice in writing stating the period by which the
leave is to be shortened.
16.4.6 Cancellation
of paternity leave
Paternity leave, applied for under subparagraph (b) of
paragraph 16.4.2 of this subclause but not commenced, shall be cancelled when
the pregnancy of the employee's spouse terminates other than by the birth of a
living child.
16.4.7 Paternity
leave and other leave entitlements
(a) Provided the
aggregate of any leave, including leave taken under this subclause, does not
exceed the period to which the employee is entitled under paragraph 16.4.2 of
this subclause, an employee may, in lieu of or in conjunction with paternity
leave, take any annual leave or long service leave or any part thereof to which
he is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during his absence on paternity
leave.
16.4.8 Effect
of paternity leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on paternity leave shall not break the
continuity of service of an employee but shall not be taken into account in
calculating the period of service for any purpose of any relevant award or
agreement.
16.4.9 Termination
of employment -
(a) An employee on
paternity leave may terminate his employment at any time during the period of
leave by notice given in accordance with this award.
(b) An employer
shall not terminate the employment of an employee on the ground of his absence
on paternity leave, but otherwise the rights of an employer in relation to
termination of employment are not hereby affected.
16.4.10 Return to work
after paternity leave
(a) An employee
shall confirm his intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of the period
of paternity leave provided by subparagraph (b) of paragraph 16.4.2.
(b) An employee,
upon returning to work after paternity leave or the expiration of the notice
required by subparagraph (a) of this paragraph, shall be entitled to the
position which he held immediately before proceeding on paternity leave or, in
relation to an employee who has worked part-time under this clause, to the
position he held immediately before commencing such part-time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, he shall be entitled to a position as nearly comparable in status
and pay to that of his former position.
16.4.11 Replacement
employees -
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on paternity leave.
(b) Before a Board
engages a replacement employee the employer shall inform that person of the
temporary nature of the employment and of the rights of the employee who is
being replaced.
(c) Before a Board
engages a person to replace an employee temporarily promoted or transferred in
order to replace an employee exercising his rights under this subclause, the
employer shall inform that person of the temporary nature of the promotion or
transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.5 Adoption Leave:
16.5.1 Nature of Leave
- Adoption leave is unpaid leave.
16.5.2 Definitions -
For the purposes of this subclause:
(a) "Child"
means a person under the age of five years who has not previously lived
continuously with the employee concerned for a period of six months, or who is
not a child or stepchild of the employee or of the spouse of the employee and
is placed with the employee for the purpose of adoption.
(b) "Relative
adoption" occurs where a child, as defined, is adopted by a parent, spouse
of a parent or other relative being a grandparent, brother, sister, aunt or
uncle (whether of the whole blood or half blood or by marriage).
16.5.3 Eligibility
An employee, upon production to the employer of the
documentation required by paragraph 16.5.4 of this subclause shall be entitled
to one or two periods of adoption leave, the total of which shall not exceed 52
weeks, in the following circumstances:
(a) an unbroken
period of up to three weeks at the time of the placement of the child;
(b) an unbroken
period of up to 52 weeks from the time of its placement in order to be the
primary care giver of the child. This entitlement shall be reduced by:
(i) any period of
leave taken pursuant to subparagraph (a) of this paragraph; and
(ii) the aggregate
of any periods of adoption leave taken or to be taken by the employee's spouse.
Such leave shall not extend beyond one year after the
placement of the child and shall not be taken concurrently with adoption leave
taken by the employee's spouse.
The employee must have had at least 12 months'
continuous service with that employer immediately preceding the date upon which
he or she proceeds upon such leave in either case.
16.5.4 Certification
Before taking adoption leave the employee must produce
to the Board:
(a)
(i) a statement
from an adoption agency or other appropriate body of the presumed date of
placement of the child with the employee for adoption purposes; or
(ii) a statement
from the appropriate government authority confirming that the employee is to
have custody of the child pending application for an adoption order.
(b) In relation to
any period of leave to be taken under subparagraph (b) of paragraph 16.5.3, a
statutory declaration stating:
(i) the employee
is seeking adoption leave to become the primary care giver of the child;
(ii) particulars
of any period of adoption leave sought or taken by the employee's spouse; and
(iii) for the
period of adoption leave the employee will not engage in any conduct
inconsistent with his or her contract of employment.
16.5.5 Notice
requirements
(a) Upon receiving
notice of approval for adoption purposes, an employee shall notify the employer
of such approval and within two months of such approval shall further notify
the employer of the period or periods of adoption leave the employee proposes
to take. In the case of a relative adoption the employee shall notify as
aforesaid upon deciding to take a child into custody pending an application for
an adoption order.
(b) An employee who
commences employment with an employer after the date of approval for adoption
purposes shall notify the employer thereof upon commencing employment and of
the period or periods of adoption leave which the employee proposes to take.
Provided that such employee shall not be entitled to adoption leave unless the
employee has not less than 12 months' continuous service with that employer
immediately preceding the date upon which he or she proceeds upon such leave.
(c) An employee
shall, as soon as the employee is aware of the presumed date of placement of a
child for adoption purposes but not later than 14 days before such placement,
give notice in writing to the employer of such date and of the date of the
commencement of any period of leave to be taken under subparagraph (b) of
paragraph 16.5.3.
(d) An employee
shall, ten weeks before the proposed date of commencing any leave to be taken
under subparagraph (b) of paragraph 16.5.3, give notice in writing to the
employer of the date of commencing leave and the period of leave to be taken.
(e) An employee
shall not be in breach of this subclause as a consequence of failure to give
the stipulated period of notice in accordance with subparagraphs (c) and (d) of
this paragraph if such failure is occasioned by the requirement of an adoption
agency to accept earlier or later placement of a child, the death of the spouse
or other compelling circumstances.
16.5.6 Variation
of period of adoption leave
(a) Provided the
maximum period of adoption leave does not exceed the period to which the
employee is entitled under paragraph 16.5.3:
(i) the period of
leave taken under subparagraph (b) of paragraph 16.5.3 may be lengthened once
only by the employee giving not less than 14 days' notice in writing stating
the period by which the leave is to be lengthened;
(ii) the period
may be further lengthened by agreement between the employer and employee.
(b) The period of
adoption leave taken under subparagraph (b) of paragraph 16.5.3 hereof may,
with the consent of the employer, be shortened by the employee giving not less
than 14 days' notice in writing stating the period by which the leave is to be
shortened.
16.5.7 Cancellation
of adoption leave
(a) Adoption
leave, applied for but not commenced, shall be cancelled should the placement
of the child not proceed.
(b) Where the
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue, the employee shall notify the employer
forthwith and the employer shall nominate a time not exceeding four weeks from
receipt of notification for the employee's resumption of work.
16.5.8 Special
leave
The Board shall grant to any employee who is seeking to
adopt a child, such unpaid leave not exceeding two days as is required by the
employee to attend any compulsory interviews or examinations as are necessary
as part of the adoption procedure. Where paid leave is available to the
employee the Board may require the employee to take such leave in lieu of
special leave.
16.5.9 Adoption
leave and other entitlements
(a) Provided the
aggregate of any leave, including adoption leave taken under this subclause,
does not exceed the period to which the employee is entitled under paragraph
16.5.3 of this subclause, an employee may, in lieu of or in conjunction with
adoption leave, take any annual leave or long service leave or any part thereof
to which he or she is entitled.
(b) Paid sick leave
or other paid authorised award absences (excluding annual leave or long service
leave) shall not be available to an employee during the employee's absence on
adoption leave.
16.5.10 Effect
of adoption leave on employment
Subject to this subclause, notwithstanding any award or
other provision to the contrary, absence on adoption leave shall not break the
continuity of service of an employee but shall not be taken into account in
calculating the period of service for any purpose of any relevant award or
agreement.
16.5.11 Termination
of employment
(a) An employee on
adoption leave may terminate the employment at any time during the period of
leave by notice given in accordance with this award.
(b) A Board shall
not terminate the employment of an employee on the ground of the employee's
application to adopt a child or absence on adoption leave, but otherwise the
rights of an employer in relation to termination of employment are not hereby
affected.
16.5.12 Return
to work after adoption leave
(a) An employee
shall confirm the intention of returning to work by notice in writing to the
employer given not less than four weeks prior to the expiration of the period
of adoption leave provided by subparagraph 16.5.3 of this clause.
(b) An employee,
upon returning to work after adoption leave shall be entitled to the position
held immediately before proceeding on such leave or, in relation to an employee
who has worked part-time under this clause, the position held immediately
before commencing such part-time work.
Where such position no longer exists but there are
other positions available which the employee is qualified for and is capable of
performing, the employee shall be entitled to a position as nearly comparable
in status and pay to that of the employee's former position.
16.5.13 Replacement
employees
(a) A replacement
employee is an employee specifically engaged as a result of an employee
proceeding on adoption leave.
(b) Before an
employer engages a replacement employee the employer shall inform that person
of the temporary nature of the employment and of the rights of the employee who
is being replaced.
(c) Before a Board
engages a person to replace an employee temporarily promoted or transferred in
order to replace an employee exercising rights under this subclause, the
employer shall inform that person of the temporary nature of the promotion or
transfer and of the rights of the employee who is being replaced.
(d) Nothing in this
subclause shall be construed as requiring an employer to engage a replacement
employee.
16.6 Part-time work:
16.6.1 Definitions
- For the purposes of this subclause:
(a) "Male
employee" means an employed male who is caring for a child born of his
spouse or a child placed with the employee for adoption purposes.
(b) "Female
employee" means an employed female who is pregnant or is caring for a
child she has borne or a child who has been placed with her for adoption
purposes.
(c) "Former
position" means the position held by a female or male employee immediately
before proceeding on leave or part-time employment under this subclause,
whichever first occurs or, if such position no longer exists but there are
other positions available for which the employee is qualified and the duties of
which he or she is capable of performing, a position as nearly comparable in
status and pay to that of the position first mentioned in this definition.
16.6.2 Entitlement
- With the agreement of the employer
(a) A male
employee may work part-time in one or more periods at any time from the date of
birth of the child until its second birthday or, in relation to adoption, from
the date of placement of the child until the second anniversary of the
placement.
(b) A female
employee may work part-time in one or more periods while she is pregnant where
part-time employment is, because of the pregnancy, necessary or desirable.
(c) A female
employee may work part-time in one or more periods at any time from the seventh
week after the date of birth of the child until its second birthday.
(d) A female
employee may work part-time in one or more periods at any time from the date of
the placement of the child until the second anniversary of that date.
16.6.3 Return
to former position
(a) An employee
who has had at least 12 months' continuous service with an employer immediately
before commencing part-time employment after the birth or placement of a child
has, at the expiration of the period of such part-time employment or the first
period, if there is more than one, the right to return to his or her former
position.
(b) Nothing in
subparagraph (a) of this paragraph shall prevent the employer from permitting
the employee to return to his or her former position after a second or
subsequent period of part-time employment.
16.6.4 Subject
to the provisions of this subclause and the matters agreed to in accordance
with paragraph 16.6.5 of this subclause, part-time employment shall be in
accordance with the provisions of this award which shall apply pro rata.
16.6.5 Part-time
work agreement -
(a) Before
commencing a period of part-time employment under this subclause the employee
and the employer shall agree:
(i) that the
employee may work part-time;
(ii) upon the
hours to be worked by the employee, the days upon which they will be worked and
commencing times for the work;
(iii) upon the
classification applying to the work to be performed; and
(iv) upon the
period of part-time employment.
(b) The terms of
this agreement may be varied by consent.
(c) The terms of
this agreement or any variation to it shall be produced in writing and retained
by the employer. A copy of the agreement and any variation to it shall be
provided to the employee by the employer.
(d) The terms of
this agreement shall apply to part-time employment.
16.6.6 Termination
of employment - The employment of a part-time employee under this clause may be
terminated in accordance with the provisions of this award but may not be
terminated by the employer because the employee has exercised or proposed to exercise
any rights arising under this clause or has enjoyed or proposes to enjoy any
benefits arising under this clause.
16.6.7 Overtime
- An employer may request, but not require, an employee working part-time under
this clause to work overtime.
16.6.8 Nature
of part-time work - The work to be performed part- time need not be the work
performed by the employee in his or her former position but shall be work
otherwise performed under this award.
16.6.9 Inconsistent
award provisions - An employee may work part- time under this clause
notwithstanding any other provision of this award which limits or restricts the
circumstances in which part-time employment may be worked or the terms upon
which it may be worked including provisions:
(a) limiting the
number of employees who may work part-time;
(b) establishing
quotas as to the ratio of part-time to full-time employees;
(c) prescribing a
minimum or maximum number of hours a part-time employee may work; or
(d) requiring
consultation with, consent of or monitoring by a union; and such provisions do
not apply to part-time work under this clause.
16.6.10 Replacement
employees -
(a) A replacement
employee is an employee specifically engaged as a result of an employee working
part-time under this subclause.
(b) A replacement
employee may be employed part-time. Subject to this paragraph, paragraphs
16.6.4, 16.6.5, 16.6.6 and 16.6.9 of this subclause apply to the part-time
employment of a replacement employee.
(c) Before an
employer engages a replacement employee under this paragraph, the employer
shall inform the person of the temporary nature of the employment and of the
rights of the employee who is being replaced.
(d) Unbroken
service as a replacement employee shall be treated as continuous service for
the purposes of subparagraph (g) of subclause 16.2 of this clause.
17. Dissolution of a
Board
Where a Board is dissolved, by reason of its amalgamation
with another Board, or otherwise, the following provisions shall apply with
respect to the employees of the dissolved Board, provided that they have been
employed by the dissolved Board for a continuous period of at least 12 months
immediately prior to the dissolution of the dissolved Board:
(a) If after the
dissolution they are employed by the Board which assumes all or part of the
functions of the dissolved Board (hereinafter called the new Board), the
employee during the first two years of their employment by the new Board or
until their employment is terminated, whichever is the shorter period, shall be
paid a salary at a rate which, except for basic wage variations, will not be
less than the rate which they were being paid immediately before the date of
dissolution of the dissolved Board.
(b) If after the
dissolution the employee is not employed by the new Board or if their
employment is terminated by the new Board, other than for misconduct, within
two years of the date of dissolution of the dissolved Board the employee shall,
on the termination of their employment, be paid by the dissolved Board, if not employed
by the new Board or by the new Board if they are so employed, a sum equal to
five weeks salary for each year of continuous service as an employee of Rural
Lands Protection Boards, at a rate equal to the average weekly amount of their
salary during the fifty-two weeks immediately preceding the date of dissolution
of the dissolved Board; provided that in no circumstances shall the total
amount payable under this clause exceed a sum equal to 104 weeks salary at such
rate.
18. Change,
Redundancy and Termination,
18.1 Change -
Board's Duty to Notify Change:
(a) Where a Board
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 Board shall notify the employees who may be affected
by the proposed changes; the Council; and the Association and/ or Union as
appropriate.
(b) "Significant
Effects" include termination of employment, major changes in the
composition, operation or size of the Board's workforce or in the skills
required; the elimination of or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where the award makes provisions for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
18.2 Board's Duty to
Discuss Change:
(a) The Board shall
discuss with the employees affected and the Association and/or Union, the
introduction of the changes referred to in subclause 18.1 of this clause, the
effects the changes are likely to have on employees, measures to avert or
mitigate the adverse effects of such changes on employees and shall give prompt
consideration to matters raised by the employees and/or the Association and/or
Union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the Board to make the changes referred to in subclause 18.1 of this clause.
(c) For the
purposes of such discussion, the Board shall provide in writing to the employee
concerned and the Association and/or Union, all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any Board shall not be required to disclose confidential
information, the disclosure of which would be inimical to the Board's interest.
18.3 Redundancy:
(a) Discussions
Before Terminations
(i) If a Board
has made a definite decision that it wishes to delete an occupied position and
if such a decision may lead to termination of employment, the employer shall
hold discussions with any affected employees and with the Association and/or
Union and with the Council.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph (i)
of this paragraph and shall cover any reasons for the proposed terminations,
measures to avoid or minimise terminations and measures to mitigate any adverse
effects of any terminations on the employees concerned.
(iii) For the
purposes of the discussions the employer shall, as soon as practicable, provide
in writing to the employees concerned and to the Council and Association and/or
Union, all relevant information about the proposed terminations, including the
reasons for the proposed terminations, the number and categories of employees
likely to be affected, the number of workers normally employed and the period
over which the terminations are likely to be carried out.
(b) Transfer to
Lower-paid Duties
Where an employee is transferred to lower-paid duties
for reasons set out in subparagraph (i) of paragraph (a) of this subclause, the
employee shall be entitled to the same period of notice of transfer to which
they would have been entitled if their employment had been terminated and the
Board may, at the Board's option, make payment in lieu thereof of an amount
equal to the difference between the former ordinary-time rate of pay and the
new lower ordinary-time rate for the number of weeks of notice still owing.
(c) Severance Pay
- In addition to the period of notice prescribed for ordinary termination in
this award and subject to further order of the Industrial Relations Commission
of New South Wales, an employee whose employment is terminated for reasons set
out in subparagraph (i) of paragraph (a) hereof shall be entitled to two weeks'
pay for every year of service, to a maximum of 26 weeks pay.
"Weeks pay" means the ordinary-time rate of
pay for the employee concerned.
(d) Employee
Leaving During Notice Period - An employee whose employment is terminated for
reasons set out in subparagraph (i) of paragraph (a) hereof may terminate their
employment during the period of notice and, if so, shall be entitled to the
same benefits under this clause had they remained with the Board until the
expiry of such notice. Provided that in such circumstances the employee shall
not be entitled to payment in lieu of notice.
(e) Alternative
Employment - A Board in a particular redundancy case may make application to
the Commission to have the general severance pay prescription varied if the
Board obtains acceptable alternative employment for an employee.
(f) Time Off
During Notice Period
(i) During the
period of notice of termination given by the Board, an employee shall be allowed
up to one working day's time off without loss of pay during each week of notice
for the purpose of seeking other employment.
(ii) If the
employee has been allowed paid leave for more than one working day during the
notice period for the purpose of seeking other employment the employee shall,
at the request of the Board, be required to produce proof of attendance at an
interview or they shall not receive payment for the time absent. For this
purpose a statutory declaration will be sufficient.
(g) Employees With
Less Than One Year's Service - This clause shall not apply to employees with
less than one year's continuous service and the general obligation on Boards
should be no more than to give relevant employees an indication of the
impending redundancy at the first reasonable opportunity and to take such steps
as may be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
(h) Employees
Exempted - This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, including malingering,
inefficiency or neglect of duty, or in the case of casual employees,
apprentices or employees engaged for a specific period of time or for a
specific task or tasks.
18.4 Termination:
(a) Nothing in
this award shall affect the right of the Board to dismiss an employee without
notice for neglect of duty or misconduct or inefficiency or incompetence, in
which case wages shall be paid to the time of dismissal, provided that no
employee shall be dismissed without notice for:
(i) sickness,
accident or injury if he or she informs the Board or the Board's representative
within a reasonable time prior to or after the commencing time on any day of
his or her inability to commence duty on that day;
(ii) any other
reasonable cause if he or she informs the Board or the Board's representative
within a reasonable time prior to or after the commencing time on any day of
his or her inability to commence duty on that day.
(b) Notwithstanding
anything hereinbefore contained, an employee shall not be given notice or
dismissed, except for misconduct, while legitimately absent from duty on
accrued sick leave or annual leave.
(c) An employee
not attending for duty shall lose pay for the time of non-attendance unless
payment for such non-attendance is permitted under the provisions of this award
and the non-attendance was accordingly authorised.
(d)
(i) Notice of
termination by a Board:
(1) In order to
terminate the employment of an employee the Board shall give to the employee
the following written notice:
Period of Continuous Service
|
Period of Notice
|
Less than one year
|
1 week
|
1 year and up to the
completion of 3 years
|
2 weeks
|
3 years and up to the
completion of 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice in section (1) hereof, employees over 45 years of age at the time of
the giving of the notice, with not less than 2 years' continuous service, shall
be entitled to an additional week's notice.
(3) Payment in
lieu of the prescribed notice in section (1) hereof shall be made if the
appropriate notice period is not given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(4) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice had his or her employment not been terminated shall be used.
(5) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal such as malingering, misconduct, incompetence,
inefficiency or neglect of duty or in the case of casual employees or employees
engaged for a specific period of time or for a specific task or tasks.
(ii) Where a Board
has given notice of termination to an employee, an employee shall be allowed up
to one working day's time off without loss of pay for the purpose of seeking
other employment. The time off shall be taken at times that are convenient to
the employee after consultation with the Board or the Board's representative.
(iii) The Board
shall, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee a written statement specifying the period
of his or her employment and the classification of or type of work performed by
the employee.
(iv) Termination of
employment by a Board shall not be harsh, unjust or unreasonable. For the
purposes of this clause, termination of employment shall include terminations
with or without notice. Without limiting the above, except where a distinction,
exclusion or preference is based on the inherent requirements of a particular
position, termination on the grounds of race, colour, sex, sexual preference,
marital status, family responsibilities, pregnancy, religion, political
opinion, union membership or activity, non-union membership or activity,
national extraction and social origin shall constitute a harsh, unjust or
unreasonable termination of employment.
(e) Notice of
Termination by Employee
The notice of termination required to be given by an
employee shall be the same as that required of a Board save and except that
there shall be no additional notice based on the age of the employee concerned.
If an employee fails to give the required notice, the Board shall have the
right to withhold moneys due to the employee of an amount equal to the period
of notice not given.
19. Removal Expenses
19.1 With the prior
approval of the employing Board, where a current employee of a Board is
required to change domicile in order to take up a position of Manager,
Executive Officer, Customer Service Officer, Office Coordinator or Ranger, such
an employee is entitled to reimbursement of up to $1,500 for actual reasonable
removal expenses on the production of receipts.
19.2 Where a
District Veterinarian applies for a position in another district in answer to
an advertisement and is appointed, the District Veterinarian shall be eligible
for the removal expenses as detailed in subclause 19.3
19.3
(a) The actual
cost of conveyance of the District Veterinarian and their family transferring
from one district to another, together with reasonable expenses of removal of
furniture and effects, shall be allowed.
(b) Application
for expenses in respect of removal of furniture and effects shall be presented
to the Board and shall be accompanied by:
(i) an inventory
of the furniture and effects including the appropriate gross weight; and
(ii) quotations
from carriers for the cost of removal. The quotations shall be obtained, where
practicable, from at least two carriers and should show the cost of removal
from house to house.
(c) The liability
of the Board for removal expenses shall be limited to the amount specified in the
approved quote, but the furniture and effects may be removed in any way the
District Veterinarian chooses. The Board shall in no case be responsible for
any damage done to furniture and effects in the course of removal, but shall
reimburse the amount of the premium in respect of an insurance policy effected
by the District Veterinarian up to the maximum rate currently charged by the
tariff insurance companies to cover such risks as collision, fire, overturning
of vehicles and other risks for which a common carrier is not normally liable,
subject to the maximum insurable value of the furniture and effects not
exceeding $40,000.
19.4 Where a
District Veterinarian whose removal expenses are being paid by the Board finds
it necessary to secure board and lodging for self and dependant relatives while
waiting:
(a) to commence or
continue the journey to the new location; or
(b) to secure a
residence or accommodation at the new location,
the District Veterinarian shall be allowed one half of
the actual cost so incurred for a period not exceeding one week in the first
case and four weeks in the second. If the Board is satisfied that the District
Veterinarian has made every reasonable but unsuccessful endeavour to secure a
home or accommodation at the destination, the allowance may be continued for an
additional period not exceeding four weeks. In special cases where the Board is
satisfied that a further continuation of the allowance is warranted, an
allowance not exceeding $25 per week may be granted for an additional period
not exceeding five weeks.
20. Conference
Attendance and Industrial Leave
20.1 Attendance at
conferences of the District Veterinarians, Rangers, Managers, and Customer
Service Officers or any other conference or meeting where attendance is
required by the Board or State Council, the employee shall be deemed to be on
their normal duties.
20.2 Any member of
the PSA Departmental Committee or an AWU Branch Executive when attending a
meeting of the committee approved by the PSA or AWU respectively shall be
granted leave on full pay while so attending but expenses will not be paid by
the Board or the State Council but the employee shall be covered by workers
compensation insurance while on such leave in accordance with the Workers
Compensation Act.
20.3 The PSA and AWU
or its delegates shall notify the State Council of the members of the PSA
Departmental Committee or AWU Branch Executive respectively required to attend
such meeting and the date of such meeting.
20.4 Any member of
the Joint Consultative Committee attending a meeting with the State Council
shall be granted leave on full pay while so attending but expenses will not be
paid by the Board or the State Council but the employee shall be covered by
workers compensation insurance while on such leave in accordance with the
Workers Compensation Act.
21. Living Allowance
21.1 An employee who
as at 1 January 1995 was receiving a living allowance shall continue to do so.
Such allowances are set out in Items 2, 3 and 4 of Table 2 - Allowances, of
Part B, Monetary Rates.
21.2 No further
increases will apply to these allowances.
22. Travelling
Allowance
Where an Employee Travels on Official Duty with the Approval
of the Board the employee shall be allowed:
(a) The use of a
Board vehicle or the cost of conveyance by rail, bus or aircraft and, in the
case of emergency, cost of hiring a car or other vehicle.
(b) If the
employee's private car is used, an amount as set out in Item 5 of Table 2 -
Allowances, of Part B, Monetary Rates, shall be paid or such higher rates as
apply to NSW Public Servants as published in the Public Service Notices.
(c) These
provisions shall also be applicable to employees when attending conferences.
23. Accommodation
Allowance
23.1 Where overnight
accommodation is required -
(a) Where in the
course of duties, an employee is required to spend one or more nights away from
home with the prior approval of the Board, the employee shall be entitled to
all reasonable actual expenses, providing receipts are produced to the Board
together with an incidental expenses allowance set out in Item 6 of Table
2. Expenses include accommodation,
breakfast, lunch, dinner and transport costs. Transport costs are specified in
clause 22, Travelling Allowance.
(b) As an
alternative to actual expenses, the employee may elect to receive the
accommodation allowance as set out in Item 7 of Table 2 - Allowances, of Part
B, Monetary Rates, (or such higher rates as apply to NSW Public Servants as
published in the Public Service Notices) without providing receipts to the
Board. The accommodation allowance for the Capital City of Sydney applies to
accommodation where the telephone number commences with the numbers 028 or 029
in accordance with the Premiers Directions.
(c) The
accommodation allowance is calculated on the hourly basis from the time that
the employee leaves home or place of employment until the time that the
employee returns home or to the place of employment. The accommodation
allowance covers accommodation, breakfast, lunch, dinner and incidentals but
does not cover transport costs. Transport costs can be claimed in addition to
the allowance.
23.2 Cost of Meals -
One day Journeys
Where overnight accommodation is not required -
Where the Board is satisfied that an employee reasonably
incurs additional expenses for breakfast, lunch or dinner, the employee may be
reimbursed the actual cost of breakfast, lunch or dinner up to the amounts set
out in Items 8, 9 and 10 of the said Table 2, or such higher amounts as apply
to NSW Public Servants as published in the Public Service Notices, providing
receipts are produced to the Board.
23.3 Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, or as provided by State Council Guidelines.
24. Camping Allowance
Where the employee is directed to camp, conditions and
allowances shall be as follows:
(i)
(a) A permanent
solid floor structure, externally cladded and internally lined.
(b) A bed and
mattress and pillow.
(c) A lockable
door and windows that are fly screened.
(d) Table and
chairs.
(e) Artificial
lighting.
(f) Heating if
required.
(g) Shower
facilities with hot and cold water.
(h) Toilet
facilities that are fly proof.
(i) Kitchen
equipped with stove, cooking equipment as required, utensils, storage, sink
with water, refrigerator, cleaning equipment and materials for cleaning.
(j) Adequate
supplies of fresh drinking water.
(ii) In the event
of there being no permanent structure, the Board shall provide a caravan with
amenities equivalent to those required above.
(iii) Where the
Board is unable to provide such equipment specified above, with Board approval
the employee shall be:
(a) reimbursed for
the cost of hiring such equipment upon production of receipts; or
(b) be paid the
daily allowance for providing their own equipment.
(iv) An employee
may provide their own bedding or sleeping bag and be paid the bedding
allowance. Otherwise the employer shall
provide necessary sheets, blankets or sleeping bag.
(v) Camping
allowance and amounts per day as set out in Items 11-14 of Table 2 -
Allowances, of Part B, Monetary Rates or such higher amounts as apply to NSW
Public Servants as published in the Public Service Notices.
25. Protective
Clothing and Equipment
Special protective clothing shall be provided in accordance
with the Occupational Health and Safety Act 1983 and its associated
regulations. The list (Circular 92/4)
shall be reviewed in consultation with the Association and the Union.
26. Horse Allowance
If the Board requests an employee to use his or her own
horse for their official duties and the employee agrees, the employee is
entitled to be paid an amount as set out in Item 15 of Table 2 - Allowances, of
Part B, Monetary Rates, for each week or part thereof that the horse is used.
27. Dog Allowance
If the Board requests an employee to use his or her own dog
or dogs for their official duties, and the employee agrees, the employee is
entitled to be paid an amount as set out in Item 16 of Table 2 - Allowances, of
Part B, Monetary Rates, for each week or part thereof that the dog is used.
28. Flying Allowance
Where an employee is required by the Board to work from an
in-flight situation they shall be paid an allowance as set out in Item 17 of
Table 2 - Allowances (or such higher amount as apply to NSW Public Servants as
published in the Public Service Notices). The flying allowance payable under
this Clause shall be in addition to any other entitlement for the time actually
spent working in the aircraft.
29. Motor Vehicle
Usage and Allowance
29.1 All District
Veterinarians, Rangers and when required by the Board, Field Assistants shall
be provided with appropriate motor vehicles by the Board for official use. All
hard top and enclosed motor vehicles shall be provided with air conditioning
units. All upkeep, running expenses, registration, insurance, maintenance,
etc., associated with the motor vehicle shall be paid by the Board. Where an employee is required to use their
private vehicle in the normal course of duties, an amount as set in Item 5 of
Table 2 - Allowances, of Part B, Monetary Rates, or such higher rates as apply
to NSW Public Servants as published in the Public Service Notices.
29.2 Staff of a
Board required to use a motor vehicle provided by the Board in the course of
their duties may, at the discretion of the Board, be granted private use of the
motor vehicle on such conditions as the Board determines.
30. Telephone
Expenses
30.1 If an employee
is required by the Board to make and/or receive telephone communications in the
employee's private residence for the convenience of ratepayers or others in
connection with the execution of their duties outside normal hours, the Board
shall pay the cost of any necessary telephone connection(s) or reconnection(s)
and the payment of full rental and all outgoing calls made in connection with
the employee's duties which have been recorded.
30.2 A Board may, by
agreement with the employee, pay a telephone allowance in lieu of payment
specified in clause 30.1.
30.3 Where the
connection is outside the urban boundaries of a town, village, city, etc. and
the Board may require connection and the connection fee exceeds the average
connection fee for that urban area, the payment of additional connection costs
may be negotiated.
30.4 A Board may at
its discretion, pay such proportion of private calls from such telephone
mentioned in the Award as the Board determines and under such conditions as the
Board determines.
31. Home Office
Allowance
Where the Board, by a formal written request, requires an
employee to use a space at their home as an office, and requires the employee
to spend the majority of their office time in that office, the following
conditions will apply:
(a) A formal
Agreement shall be signed by the Board and the Employee before such official
use of the space.
(b) The Board will
be responsible for providing a desk, chair, cabinet, telephone, computer and
other necessary equipment as determined by the Board.
(c) The furniture
and equipment provided by the Board shall remain the property of the Board.
(d) An Allowance
per year of an amount set out in T able 2 - Allowances, payable to the Employee
on a fortnightly basis in arrears, shall be paid by the Board on commencement
of the use of the room after the Agreement has been signed.
(e) The amount of
the Allowance will increase in accordance with the amount specified in the
Crown Employees (Public Service Conditions of Employment) Award for using a
room at home as an office.
(f) If the
Agreement is cancelled in writing by either party, no further payments shall be
paid by the Board and no amounts shall be refunded by the Employee.
32. Deduction of
Association and Union Membership Fees
(i) The
Association and the Union shall provide the employer with a schedule setting
out fortnightly membership fees payable by members of the Association and the
Union in accordance with their rules.
(ii) The
Association and the Union shall advise the employer of any change to the amount
of fortnightly membership fees made under its rules. Any variation to the schedule of fortnightly membership fees
payable shall be provided to the employer at least one month in advance of the
variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct fortnightly membership fees from
the pay of any employee who is a member of the Association or Union provided
that the employee has authorised the employer to make such deductions.
(iv) Monies so
deducted from the employee's pay shall be forwarded at least monthly to the
Association or Union together with all necessary information to enable the
Association or Union to reconcile and credit subscriptions to employees’
membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Association or Union, all
membership fees shall be deducted on a fortnightly basis.
(vi) An employee
may revoke, with two (2) weeks notice in writing, any authorisation to the
employer to make payroll deductions of membership fees.
(vii) There shall be
no requirements to make deductions for casual employees with less than two (2) months service (continuous or otherwise).
(viii) Where an
employee has already authorised the deduction of the Association or Union
membership fees from his or her pay prior to this clause taking effect, nothing
in this clause shall be read as requiring the employee to make a fresh
authorisation in order for such deductions to continue.
33. Indexation of
Allowances
With the exception of clauses 21 Living Allowance; 22
Travelling Allowance; 23 Accommodation Allowance; 28 Flying Allowance; 29 Motor
Vehicle Usage and Allowance; and 32 Home Office Allowance, all allowances shall
be moved automatically in accordance with movements in the State Wage Case
decisions.
34. Dispute Settling
Procedures
34.1 The intention
of the following procedures is to establish an equitable and orderly procedure
for discussing and settling complaints and grievances. It is not intended to
prescribe or offset the right of any party to instigate proceedings under the
provisions of the Industrial Relations Act 1996.
(i) Where a
dispute arises at a particular location which cannot be resolved between the
employee and/or their representative and the relevant supervisor it shall be
referred to the Chairperson in an attempt to resolve the matter.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the
Board for their advice and assistance.
(iii) Failing
settlement of the issue at this level, the matter shall be referred to the Council
for their advice and assistance.
(iv) If the matter
remains unresolved, the parties shall agree that the matter can be referred to
the appropriate tribunal under the Industrial Relations Act 1996.
(v) Whilst these
procedures are continuing, no stoppage of work or any other form of limitation
of work shall be applied.
(vi) The right is
reserved to the parties to vary this procedure where a bona fide safety factor
is involved.
34.2 Notwithstanding
Clause 34.1, the Board shall not make a monetary offer in settlement of a
dispute without the prior written approval of the Council.
35. No Extra Claims
35.1 The Association
and the Union undertake not to pursue any new salaries or conditions claims
arising from negotiation of productivity and efficiency improvements resulting
in this Award.
35.2 The pay
increases provided by this Award are premised on the basis that there shall be
no new salaries or conditions claims to take effect during the term of this
Award except for any areas so agreed between the parties.
36.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
37. Area, Incidence
and Duration
37.1 This award
rescinds and replaces the Rural Lands Protection Boards Salaries and Conditions
Award 2004 published 20 May 2005 (351 I.G. 168) and all variations thereof.
37.2 It shall apply
to District Veterinarians, Rangers, Field Assistants, Administrative
Assistants, Customer Service Officers, Office Coordinators, Administrative Officers,
Executive Officers, and Managers employed under the Rural Lands Protection
Act 1998 under the jurisdiction of the Rural Lands Protection Boards
(State) Industrial Committee.
Commencement and finishing dates.
37.3 It shall take
effect from the beginning of the first pay period to commence on or after 1
July 2007 and shall remain in force thereafter until 30 June 2008.
Part B
MONETARY RATES
Table 1 - Salaries
(1) District
Veterinarians
Award
classification
|
Salary as at 1 July
2006
|
Salary as at 1 July
2007
|
|
(inclusive of 4%
increase)
|
(inclusive of 4%
increase)
|
Grade 1
|
|
|
1st Year
|
$54,293
|
$56,465
|
2nd Year
|
$54,686
|
$56,873
|
Barrier
|
|
|
Grade 2
|
|
|
1st Year
|
$57,428
|
$59,725
|
2nd Year
|
$59,650
|
$62,036
|
3rd Year
|
$63,222
|
$65,751
|
Barrier
|
|
|
Grade 3
|
|
|
1st Year
|
$67,097
|
$69,781
|
|
|
|
2nd Year
|
$70,617
|
$73,442
|
3rd Year
|
$76,290
|
$79,342
|
Barrier
|
|
|
Grade 4
|
|
|
1st Year
|
$80,679
|
$83,906
|
2nd Year
|
$83,095
|
$86,419
|
3rd Year
|
$85,540
|
$88,962
|
1.1 An additional
per annum allowance of $1,592 shall be paid to those District Veterinarians
serving the Albury, Armidale, Bathurst, Casino, Deniliquin, Gloucester,
Maitland, Moss Vale, Tamworth, Wagga and Young Districts as at 1 January 1995
until such time as those employees leave those districts.
1.2 No further
increases to apply to this allowance.
(2) Managers &
Executive Officers
Managers
|
Grade
|
|
|
CENTRAL TABLELANDS
|
M3
|
TAMWORTH
|
M3
|
YOUNG
|
M3
|
NORTHERN NEW ENGLAND
|
M3
|
ARMIDALE
|
M3
|
YASS
|
M3
|
MOSS VALE
|
M3
|
HUME
|
M3
|
NORTHERN SLOPES
|
M3
|
MUDGEE/MERRIWA
|
M3
|
FORBES
|
M3
|
WAGGA WAGGA
|
M3
|
MOREE
|
M3
|
SOUTH COAST
|
M2
|
GUNDAGAI
|
M2
|
DUBBO
|
M2
|
RIVERINA
|
M2
|
HUNTER
|
M2
|
NARRABRI
|
M2
|
COONAMBLE
|
M2
|
COOMA
|
M2
|
MURRAY
|
M2
|
KEMPSEY
|
M2
|
GOULBURN
|
M2
|
GRAFTON
|
M2
|
MOLONG
|
M2
|
HAY
|
M1
|
NARRANDERA
|
M1
|
CONDOBOLIN
|
M1
|
COONABARABRAN
|
M1
|
NYNGAN
|
M1
|
WALGETT
|
M1
|
TWEED-LISMORE
|
M1
|
GLOUCESTER
|
M1
|
CASINO
|
M1
|
MAITLAND
|
M1
|
BRAIDWOOD
|
M1
|
BOMBALA
|
M
|
Executive Officers
|
|
BOURKE
|
EO
|
BALRANALD
|
EO
|
COBAR
|
EO
|
BREWARRINA
|
EO
|
HILLSTON
|
EO
|
BROKEN HILL
|
EO
|
WILCANNIA
|
EO
|
WENTWORTH
|
EO
|
MILPARINKA
|
EO
|
WANAARING
|
EO
|
Award
classification
|
Salary
|
|
|
Salary as at 1 July
2006
|
Salary as at 1 July
2007
|
Grade
|
(inclusive of 4%
increase)
|
(inclusive of 4%
increase)
|
M3
|
|
|
|
1st Year
|
$67,492
|
$70,192
|
|
2nd Year
|
$69,741
|
$72,531
|
|
3rd Year
|
$71,991
|
$74,871
|
M2
|
|
|
|
1st Year
|
$62,993
|
$65,513
|
|
2nd Year
|
$65,242
|
$67,852
|
|
3rd Year
|
$67,492
|
$70,192
|
M1
|
|
|
|
1st Year
|
$58,493
|
$60,833
|
|
2nd Year
|
$60,742
|
$63,172
|
|
3rd Year
|
$62,993
|
$65,513
|
M
|
|
|
|
1st Year
|
$50,619
|
$52,644
|
|
2nd Year
|
$52,868
|
$54,983
|
|
3rd Year
|
$55,118
|
$57,323
|
EO
|
|
|
|
1st Year
|
$42,745
|
$44,455
|
|
2nd Year
|
$43,869
|
$45,624
|
|
3rd Year
|
$44,995
|
$46,795
|
|
4th Year
|
$46,120
|
$47,965
|
(3) Customer
Service Officers
Award
classification
|
Salary as at 1 July
2006
|
Salary as at 1 July
2007
|
|
(inclusive of 4%
increase)
|
(inclusive of 4%
increase)
|
Grade 1
|
1st year
|
$33,183
|
$34,510
|
Grade 2
|
1st year
|
$33,756
|
$35,106
|
|
2nd year
|
$34,309
|
$35,681
|
Grade 3
|
1st year
|
$34,871
|
$36,266
|
|
2nd year
|
$35,995
|
$37,435
|
Grade 4
|
1st year
|
$37,121
|
$38,606
|
|
2nd year
|
$38,245
|
$39,775
|
Senior Customer
|
|
|
Service Officer
|
|
|
Level 1
|
$39,370
|
$40,945
|
Level 2
|
$41,057
|
$42,699
|
(4) Office
Coordinators
Award
classification
|
Salary as at 1 July
2006
|
Salary as at 1 July
2007
|
|
(inclusive of 4%
increase)
|
(inclusive of 4%
increase)
|
1st year
|
$42,745
|
$44,455
|
2nd year
|
$43,308
|
$45,040
|
3rd year
|
$43,869
|
$45,624
|
(5) Rangers
Award
classification
|
Salary
as at 1 July 2006
|
Salary
as at 1 July 2007
|
|
(inclusive
of 4% increase)
|
(inclusive
of 4% increase)
|
Grade 1
|
|
|
1st year
|
$39,252
|
$40,822
|
Grade 2
|
|
|
1st year
|
$40,604
|
$42,228
|
Level 2
|
$41,165
|
$42,812
|
|
|
|
2nd year
|
$42,121
|
$43,806
|
Level 2
|
$42,684
|
$44,391
|
|
|
|
3rd year
|
$43,738
|
$45,488
|
Level 2
|
$44,300
|
$46,072
|
Barrier
|
|
|
Grade 3
|
|
|
Level 1
|
$45,220
|
$47,029
|
Level 2
|
$46,908
|
$48,784
|
Grade 4
|
|
|
Level 1
|
$47,322
|
$49,215
|
Level 2
|
$50,134
|
$52,139
|
Grade 5 Managing Ranger
|
|
|
Level 1
|
$52,005
(inclusive of
|
$54,085
(inclusive of
|
|
supervision
allowance)
|
supervision
allowance)
|
|
|
|
Level 2
|
$54,817
(inclusive of
|
$57,010
(inclusive of
|
|
supervision
allowance)
|
supervision
allowance)
|
5.1 An amount of
$1000 shall be added to the salary of Rangers Grades 1, 2 and 3 and $1500 added
to the salary of Rangers Grades 4 and 5, on attaining a Diploma that, in the
opinion of State Council, is relevant, OR
5.2 An amount of
$2000 shall be added to the salary of Rangers Grades 1, 2, and 3, and $2500
added to the salary of Rangers Grades 4 and 5, on attaining a Degree that, in
the opinion of State Council, is relevant.
5.3 The amounts
set out in 5.1 and 5.2 shall not be cumulative.
(6) Field
Assistants
Award
classification
|
Salary as at 1 July
2006
|
Salary as at 1 July
2007
|
|
(includes 4%
increase)
|
(includes 4%
increase)
|
Level 1
|
$33,878
|
$35,233
|
Level 2
|
$36,280
|
$37,731
|
Senior
|
$39,252
|
$40,822
|
Table 2 -
Allowances (as at 1 July 2007)
Item
|
Clause
|
Brief
Description
|
Amount
|
No.
|
No.
|
|
$
|
|
|
|
|
1
|
5.5.2
|
Supervising Field
|
|
|
|
|
Assistants, Rangers,
|
|
|
|
|
Labourers or
|
$42.30
per
|
|
|
|
Contractors
|
week
|
|
|
21
|
Living Allowance -
|
With
|
Without Dependants
|
|
|
(Grades as defined
|
Dependants
|
|
|
|
in Public Service
|
|
|
|
|
Handbook) for
|
|
|
|
|
Employees employed
|
|
|
|
|
before 1.1.1995 only
|
|
|
|
|
|
Per
annum
|
Per annum
|
|
|
Grade
|
$
|
$
|
2
|
21
|
A
|
1,083.00
|
758.00
|
3
|
21
|
B
|
1,444.00
|
1,012.00
|
4
|
21
|
C
|
1,926.00
|
1,348.00
|
5
|
22
|
Travelling Allowance
|
55.3
|
(eng cap. Under
1600cc)
|
|
|
|
cents/km
|
|
|
29
|
If the Employees
|
77.3
|
(eng cap. 1600cc -
2600cc)
|
|
|
private car is used
|
Cents/km
|
|
|
|
|
83.0
|
(eng cap. Over
2601cc)
|
|
|
|
cents/km
|
|
6
|
23
|
Accommodation
Allowances -
|
|
|
|
Incidental Expenses
|
$15.45
|
|
|
|
Allowance when
|
per
day
|
|
|
|
claiming Actual
|
|
|
|
|
Expenses
|
|
|
7
|
23
|
Accommodation
Allowances
|
|
|
|
Capital Cities
|
Per
Day
|
High Cost
|
Per
|
Tier 2
|
Per
|
|
|
|
|
Country
|
Day
|
Country
|
Day
|
|
|
|
$
|
|
$
|
|
$
|
|
|
Adelaide
|
242.25
|
Maitland
|
195.75
|
Bathurst
|
180.75
|
|
|
Brisbane
|
253.25
|
Newcastle
|
202.25
|
Broken Hill
|
180.75
|
|
|
Canberra
|
211.25
|
Port Macquarie
|
200.25
|
Dubbo
|
180.75
|
|
|
Darwin
|
238.25
|
Wagga Wagga
|
197.75
|
Orange
|
180.75
|
|
|
Hobart
|
201.25
|
Wollongong
|
195.75
|
|
|
|
|
Melbourne
|
247.25
|
|
|
|
|
|
|
Perth
|
233.25
|
|
|
All
Other Country
|
|
|
Sydney
|
280.25
|
|
|
Locations
|
|
|
|
|
|
|
$170.75
|
|
|
Meal Expenses
|
Capital
Cities & High Costs
|
Tier
2 & Other Country
|
|
|
|
Country
|
Centres
|
8
|
23
|
Breakfast
|
Max
$20.20
|
Max $18.05
|
9
|
23
|
Lunch
|
Max
$22.65
|
Max $20.65
|
10
|
23
|
Dinner
|
Max
$38.95
|
Max $35.60
|
11
|
24
|
Camping allowance
|
$33.35
Per
|
takes into account
supplying own food,
|
|
|
|
Day
|
incidentals and
general disability.
|
12
|
24
|
Equipment Allowance
|
|
|
|
If camping equipment
|
$24.90
per day for supplying own camping equipment
|
|
|
not provided by Board
|
|
13
|
24
|
Bedding Allowance
|
|
|
|
If bedding or sleeping
|
$4.15
per day for supplying own sleeping bag
|
|
|
bag not provided by
|
|
|
|
Board
|
|
14
|
24
|
Excess Allowance
|
|
|
|
If required to camp
|
$7.95
per day in addition to any other
|
|
|
in excess of 40
|
Allowance
|
|
|
consecutive days
|
|
15
|
26
|
Employee requested
|
|
|
|
by the Board to supply
|
|
|
|
own horse and saddle,
|
$8.57
per week
|
|
|
including responsibility
|
|
|
|
for feeding, grooming
|
|
|
|
and caring in own time
|
|
16
|
27
|
Employee requested
|
|
|
|
by the Board to supply
|
|
|
|
own dog, including
|
$4.45
per week per dog
|
|
|
responsibility for
|
|
|
|
housing, caring and
|
|
|
|
feeding in own time
|
|
17
|
28
|
Flying Allowance
|
$15.60
per hour
|
18
|
31
|
Home Office allowance
|
$728
per year (or such other amount as specified in the Crown
|
|
|
|
Employees
Public Service Conditions Award).
|
NOTE: For reimbursements regarding removal expenses see
clause 19, Removal Expenses of Part A.
Table 3 - Long
Service Leave Accrual
LONG
SERVICE LEAVE ACCRUAL TABLE
|
BASED
ON A FIVE (5) DAY WEEK
|
All
figures in this table refer to working days
|
|
Years 1 to 5 are shown for
accrual purposes ONLY.
|
|
Years
|
0-10
Years
|
|
Years
|
10+
Years
|
Years
|
10+
Years
|
|
1
|
4.4
|
days
|
11
|
55
days
|
21
|
165
|
days
|
2
|
8.8
|
|
12
|
66
|
22
|
176
|
|
3
|
13.2
|
|
13
|
77
|
23
|
187
|
|
4
|
17.6
|
|
14
|
88
|
24
|
198
|
|
5
|
22.0
|
|
15
|
99
|
25
|
209
|
|
6
|
26.4
|
|
16
|
110
|
26
|
220
|
|
7
|
30.8
|
|
17
|
121
|
27
|
231
|
|
8
|
35.2
|
|
18
|
132
|
28
|
242
|
|
9
|
39.6
|
|
19
|
143
|
29
|
253
|
|
10
|
44.0
|
|
20
|
154
|
30
|
264
|
|
|
|
|
|
|
31
|
275
|
|
Months
|
0-10
Years
|
|
Months
|
10+
Years
|
32
|
286
|
|
1
|
0.4
|
days
|
1
|
0.9
days
|
33
|
297
|
|
2
|
0.7
|
|
2
|
1.8
|
34
|
308
|
|
3
|
1.1
|
|
3
|
2.7
|
35
|
319
|
|
4
|
1.4
|
|
4
|
3.6
|
36
|
330
|
|
5
|
1.8
|
|
5
|
4.5
|
37
|
341
|
|
6
|
2.2
|
|
6
|
5.4
|
38
|
352
|
|
7
|
2.5
|
|
7
|
6.3
|
39
|
363
|
|
8
|
2.9
|
|
8
|
7.2
|
40
|
374
|
|
9
|
3.3
|
|
9
|
8.1
|
41
|
385
|
|
10
|
3.6
|
|
10
|
9.1
|
42
|
396
|
|
11
|
4.0
|
|
11
|
10.0
|
43
|
407
|
|
|
|
|
|
|
44
|
418
|
|
Weeks
|
0-10
Years
|
|
Weeks
|
10+
Years
|
45
|
429
|
|
|
|
|
|
|
|
|
|
1
|
0.09
|
days
|
1
|
0.23
days
|
46
|
440
|
|
2
|
0.18
|
|
2
|
0.45
|
47
|
451
|
|
3
|
0.27
|
|
3
|
0.68
|
48
|
462
|
|
4
|
0.36
|
|
4
|
0.91
|
49
|
473
|
|
|
|
|
|
|
50
|
484
|
|
Days
|
0-10
Years
|
|
Days
|
10+
Years
|
51
|
495
|
|
|
|
|
|
|
|
|
|
1
|
0.02
|
days
|
1
|
0.05
days
|
52
|
506
|
|
2
|
0.04
|
|
2
|
0.09
|
53
|
517
|
|
3
|
0.05
|
|
3
|
0.14
|
54
|
528
|
|
4
|
0.07
|
|
4
|
0.18
|
55
|
539
|
|
5
|
0.09
|
|
5
|
0.23
|
56
|
550
|
|
NOTE: To convert
leave taken on a seven (7) day week basis up to 1 July 2004, to a five (5) day
week basis in accordance with this Table, multiply the total days taken ,
(including Saturdays and Sundays), by 5/7.
Example:
Assume 3 weeks (21 days) Long Service Leave taken
before 1July 2004.
Multiply 21 x 5/7 = 15 working days.
15 days to be deducted from accrued entitlements in the
above table as at 1 July 2004.
SCHEDULE A
Rural Lands Protection Boards
Armidale
|
Kempsey
|
Balranald Wentworth
|
Maitland
|
Bombala
|
Milparinka
|
Bourke
|
Molong
|
Braidwood
|
Moree
|
Brewarrina
|
Moss Vale
|
Broken Hill
|
Mudgee-Merriwa
|
Casino
|
Murray
|
Central Tablelands
|
Narrabri
|
Cobar
|
Narrandera
|
Condobolin
|
Northern Slopes
|
Cooma
|
Northern New England
|
Coonabarabran
|
Nyngan
|
Coonamble
|
Riverina
|
Dubbo
|
South Coast
|
Forbes
|
Tamworth
|
Gloucester
|
Tweed-Lismore
|
Goulburn
|
Wagga Wagga
|
Grafton
|
Walgett
|
Gundagai
|
Wanaaring
|
Hay
|
|
Hillston
|
Wilcannia
|
Hume
|
Yass
|
Hunter
|
Young
|
I.
W. CAMBRIDGE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.