Local Government (State) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South Wales, Industrial
Organisation of Employers.
(Case No. 2018/151501)
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Before Chief
Commissioner Kite
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29 May 2018
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VARIATION
1. Delete clause 14, Superannuation and
Related Arrangements of the Award published 6 October 2017 (381 I.G. 1033), and
insert in lieu thereof the following:
14. Superannuation and Related Arrangements
(i) Superannuation
Fund Contributions
(a) Subject to the provisions of the Industrial Relations Act 1996 (NSW), the
employer shall make superannuation contributions to the Local Government
Superannuation Scheme and not to any other superannuation fund.
(ii) Salary Sacrifice Arrangements specific to
Superannuation
(a) For the purposes of this sub-clause:
i. "Eligible
employee" means an employee with at least five (5) years continuous
service with the employer who has an accrued entitlement to long service leave
under the Award that is in excess of the long service leave entitlement that
the employee would have accrued if covered by section 4 of the Long Service Leave Act 1955 (NSW). For
the purpose of this subclause, long service leave is deemed to accrue under the
LSL Act at the rate of 0.867 weeks per year of service.
ii. "Excess LSL" means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act
1955 (NSW).
iii. "LSL" means Long Service Leave.
iv. "LSL Act" means the Long Service Leave Act 1955 (NSW).
v. "Ordinary Time Earnings" has
the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).
vi. "Superannuation Fund" means the
Local Government Superannuation Scheme.
(b) Subject to this clause, eligible
employees may, with the consent of the employer, cash out some or all of their
Excess LSL.
(c) Any Excess LSL cashed out in accordance
with this clause shall be paid to the employee at the employee’s ordinary pay.
Example: A
full-time employee with 10 years’ continuous service with the employer accrues
13 weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL
if covered by s4 of the LSL Act. After 10 years’ service, the employee would
have up to 5 weeks Excess LSL which may, with the consent of the employer, be
cashed out.
(d) Eligible employees who have Excess LSL
cashed out under this clause must enter into a Salary Sacrifice Arrangement for
the equivalent amount to be paid into the Superannuation Fund as Ordinary Time
Earnings, unless the employee has reached their concessional contribution cap.
(e) Notwithstanding clause 13(vi) of the
Award, any Salary Sacrifice Arrangement made under this clause shall not be
treated as an approved benefit for superannuation purposes.
2. Delete paragraph (v) of subclause E,
Long Service Leave, of clause 21, Leave Provisions and insert in lieu thereof
the following:
(v)
(a) An employee who is entitled to long
service leave, may, with the consent of the employer, cash out a particular
amount of Excess Long Service Leave. Excess long Service Leave means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act 1955
(the "LSL Act"). For the purpose of this subclause, long service
leave is deemed to accrue under the LSL Act at the rate of 0.867 weeks per year
of service.
(b) Each cashing out of a particular amount
of Excess Long Service Leave must be by separate agreement between the employer
and the employee.
3. Insert after paragraph (ii) of
subclause L, Special Leave of clause 21, Leave Provisions the following new
paragraph:
(iii) An employee shall not be entitled to any
payment for public holidays during an absence on approved leave without pay.
4. Delete subclause (iii) of clause 44,
Area, Incidence and Duration and insert in lieu thereof the following:
(iii) The
Award does not cover those employers and employees:
(a) whose positions are determined pursuant to section 332 of
the Local Government Act 1993 (NSW)
to be senior staff positions;
(b) covered by the Local Government (Electricians) State Award;
(c) covered by the Nursing Homes, &c., Nurses’ (State)
Award;
(d) covered by the Local Government, Aged, Disability and Home
Care (State) Award;
(e) covered by the Miscellaneous Workers Home Care Industry
(State) Award;
(f) employed by The City of Sydney;
(g) employed by Wollongong City Council;
(h) employed by Broken Hill City Council (that being the County
of Yancowinna);
(i) employed by Newcastle City Council and covered by the
Entertainment and Broadcasting Industry - Live Theatre and Concert (State)
Award;
(j) employed by
the Moree Artesian Aquatic Centre and principally engaged in the duties of the
MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and
(k) employed by Newcastle Airport Pty Limited.
5. Delete the words "or School
Certificate" in row 4 of Table 1, Part B, Monetary Rates.
6. This variation shall take effect on and
from 29 May 2018 and will have a nominal term coincident with the
principle award, 30 June 2020.
P.
M. KITE, Chief Commissioner.
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Printed by the authority of the Industrial Registrar.