Crown Employees (Department of Finance,
Services and Innovation) Wages Staff Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department of Finance, Services and Innovation.
(Case No. 2017/180568)
Before Chief
Commissioner Kite
|
22June 2017
|
AWARD
PART A
1. Arrangement of
Award
Clause No. Subject
Matter
PART A
1. Arrangement
of Award
2. Definitions
3. Parties
4. Incidence
and Period of Operation
5. Workplace
Reform
6. Categories
of Employment
7. Rates of
Pay
8. Allowances
9. Pay
Arrangements
10. Hours of
Work
11. Overtime
12. Career
Development and Training
13. Rostered
Days Off
14. Performance
Management
15. Relocation
Package
16. Leave
17. Grievance
and Dispute Resolution
18. Anti-Discrimination
19. Consultative
Arrangements
20. Workplace
Representatives
21. Deduction
of Union Subscriptions
22. Private
Use of Business Vehicles
23. Relationship
to Awards, Agreements etc.
24. Award
Safety Net
25. Leave
Reserved
26. Assistance
with Public Transport
27. No Extra
Claims
Appendix One - Definition, Scope of Work, Level of Skill
and Quality, Safety and General Responsibilities of Staff Members
Appendix Two - Survey and Spatial Information
Appendix Three - Apprentices
Appendix Four - Competency Based Promotion
PART B - RATES, AND ALLOWANCES
RATES
Table 1 A - Wages Classification and Salary Schedules
Table 1 B - Survey and Spatial Classification and Salary
Schedule
Table 1 C - Apprentices Classification and Salary
Schedule
Table 2 - Allowances
2. Definitions
2.1 "Department"
and "employer" means the NSW Department of Finance, Services and
Innovation.
2.2 "Secretary"
means the Secretary of the NSW Department of Finance, Services and Innovation.
2.3 "Wages
Staff", "staff" "staff member" and
"employee" means a person engaged under the terms and conditions of
this award by the Department.
2.4 "Award"
means any award made pursuant to the provisions of the Industrial Relations Act 1996.
2.5 "Industrial
Agreement" means any Industrial Agreement made pursuant to the provisions
of the Industrial Relations Act 1996,
filed with the Industrial Registrar.
2.6 "Enterprise
Agreement" means an Agreement made pursuant to
Section 29 of the Industrial Relations Act 1996.
2.7 "Industrial
Authority" means the Public Service Commission, as constituted under the Government Sector Employment Act 2013,
the Government Sector Employment Regulation 2014 and the Government Sector
Employment Rules 2014.
2.8 "Union"
means the:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional Branch;
Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing
Division, NSW Branch
Electrical Trades Union of Australia, New South Wales
Branch;
The Australian Workers' Union, New South Wales;
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
Transport Worker's Union of
Australia, New South Wales Branch;
having regard to their
respective coverage.
2.9 "WH&S"
means work, health and safety as defined by the Work, Health and Safety Act 2011 (NSW).
3. Parties
3.1 This Award has
been made pursuant to Section 10 of the Industrial
Relations Act 1996 by the following parties:
The Department of Finance, Services
and Innovation.
Secretary of the Treasury
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Divisional
Branch
Plumbers Union NSW
Electrical Trades Union of Australia, New South Wales
Branch
The Australian Worker’s Union, New South Wales
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch
Transport Worker’s Union of
Australia, New South Wales Branch.
4. Incidence and
Period of Operation
4.1 This Award will
apply to all existing and future wages employees in the Department, engaged
under this award. Such employees are
deployed throughout the State of New South Wales as required by the Department
to meet client service obligations.
4.2 This award
shall take effect from the first full pay period to commence on or after 1 July
2017. This award remains in force until
30 June 2018 or until varied or rescinded.
4.3 The contents of
this Award may be varied in accordance with Section 17 of the Industrial Relations Act 1996.
4.4 This award
rescinds and replaces the Crown Employees (Department of Finance, Services and
Innovation) Wages Staff Award 2016 published 29 July 2016 (380 I.G. 36), as
varied.
5. Workplace Reform
5.1 The parties to
this Award agree that the process of continual improvement and workplace reform
will continue in order to achieve the business objectives of the Department.
5.2 Workplace
Reform includes:
5.2.1 consultation with the parties on implementation.
5.2.2 ensuring equal employment opportunity and recognition of
merit.
5.2.3 an emphasis on developing conceptual and strategic skills,
focusing on value-adding activities.
5.2.4 the redesign of jobs and multi skilling initiatives
following the implementation of the Department’s wage structure.
5.2.5 the elimination of artificial barriers in career paths and
provision of relevant supervisory and managerial training.
5.2.6 benchmarking against comparative private sector organisations.
5.2.7 making changes to working arrangements through consultation
and cooperation.
5.2.8 workplace communication to ensure there is a clear and
common understanding of Department’s objectives.
5.2.9 innovation and risk taking, within a clearly defined
framework of accountability and ethical behaviour.
6. Categories of
Employment
6.1 The usual basis
for the engagement of an employee covered by this Award is as an ongoing
employee, unless the employee is engaged:
6.1.1 for a specified term ("temporary employee"); or;
6.1.2 for the duration of a specified task ("temporary
employee"); or
6.1.3 for duties that are irregular, intermittent, short-term,
urgent or other work as and when required ("casual employee").
6.2 A person may be
engaged as an employee on a full-time or part-time basis.
6.3 At the time of
engagement the employer will inform each employee in writing of the conditions
of engagement, including:
6.3.1 the type of employment;
6.3.2 whether a probationary period applies and, if so, the
expected duration of the period;
6.3.3 whether there are any citizenship or residency requirements
that apply to the position;
6.3.4 whether there are any formal qualifications or security,
health or other clearances that are requirements of the position;
6.3.5 if the person is engaged for a specified term, the relevant
reason or purpose and the specified term;
6.3.6 if the person is engaged for the duration of a specified
task, the task in relation to which the person has been engaged and the
estimated duration of the task; and
6.3.7 a list of the main instruments governing the terms and
conditions of their employment.
6.4 Employees in
any classification may be employed as regular part-time employees for an agreed
number of regular hours per week, which is less than the ordinary hours of duty
specified in this Award. Regular part-time employees will receive, on a pro
rata basis, equivalent pay and conditions to those of a full-time employee. In
relation to expense related allowances, the employee will receive entitlements
specified in the relevant clauses of this Award.
6.5 Proposals for
part-time employment may be initiated by the employer for operational reasons
or by an employee for personal reasons. No pressure will be exerted on
full-time employees to convert to part-time employment or to move to other
duties to make way for part-time employment.
6.6 Where a
proposal is initiated by an employee, the employer will have regard to the
personal reasons put by the employee in support of the proposal and to
operational requirements.
6.7 The written
agreement of a full-time employee will be obtained before the employee's hours
are varied.
7. Rates of Pay
7.1 The
classifications and salary rates are set out in Table 1 - Wages Classification
and Salary Schedules of this Award.
7.2 The Definition,
Scope of Work, Level of Skill and Quality, Safety and General Responsibilities
for each level is detailed in the 12 Level classification structure, set out at
Appendix 1.
7.3 Progression
from Level 6 to Level 7 and from Level 10 to Level 11 shall be on the basis of
satisfactory performance and the demonstration of appropriate competency. Such
progression shall be on the determination of the Department.
7.4 Employees required
to hold trade certificates, or the equivalent, for the
below named trades shall be paid a Special Allowance for all purposes of this
Award in Table 1 Part D:
7.4.1 Stonemason-carvers
in item 25
7.4.2 Electricians in
item 26
7.4.3 Plumbers (Welders
special) in item 27
8. Allowances
8.1 In general, the
conditions of the Crown Employees (Skilled Trades) Award shall apply to
employees except as provided by this Award. This is to simplify administration
and provide consequent savings.
8.2 Specific
conditions relating to items listed below shall operate as provided by this
clause:
8.2.1 Excess Fares and
Travelling Time
8.2.2 Distant Work
8.2.3 Payment for Loss
of Tools
8.2.4 Tool Allowance
8.3 Fares And Travelling Time
8.3.1 An
allowance listed in Table 2 item 28, comprising of an amount for fares and for
travelling time, (including the Rostered Day Off) shall be paid to employees to
compensate for fares and travelling time to and from places of work, provided
that only the travelling time component of the allowance shall be payable if
the Department provides, or offers to provide transport free of charge to the
employee and that offer is refused.
8.3.1.1 An
employee, who on any day is required to work at a site away from their
accustomed workshop and who shall, at the direction of the Department, present
for work at such site at the usual starting time, shall be paid this allowance
for each such day.
8.3.1.2 Where
an employee is sent during working hours from a shop to a site, or a site to a
shop, or from shop to a shop, or from a site to a site, the Department shall
pay all travelling time and fares incurred in addition to the amounts the
Department may be liable to pay under this clause.
8.3.2 Where
an employee is required to use their private vehicle to transfer from one work
site to another during working hours the employee shall be paid an allowance
listed in Table 2 at item 29.
8.3.3 An employee using a motor vehicle for work must have for
the vehicle a valid Third Party insurance policy and a comprehensive motor
vehicle insurance policy to an amount and in a form approved by the Department.
8.3.4 The
provisions of this subclause do not apply to employees classified as Staff
(Wages) Level 8 or above.
8.4 Distant Work
8.4.1 The provisions
of this clause apply only to employees employed in non-metropolitan
Departmental Regions. This clause does
not apply to employees employed in the Newcastle, Central Coast, Sydney and
Wollongong metropolitan areas.
8.4.2 For the purpose
of this clause, Distant Work is that in respect of which the distance or the
travelling facilities to and from such places of work make it reasonably
necessary that the employee should live and sleep at some place other than
their usual place of residence at the time of commencing such work. Provided that if the employee, whilst
employed on Distant Work, changes their usual place of residence or any further
change thereof (if made whilst employed on Distant Work) shall be the usual
place of residence for determination whether the work is Distant Work within
the meaning of this clause.
8.4.3 Provided further
that after the expiration of four weeks, this clause shall not apply to an
employee who is appointed to work as a regular employee at a permanent workshop
whilst working at such workshop.
8.4.4 While on Distant
Work, a majority of employees concerned and Departmental management may
mutually agree that ordinary working hours may be worked up to a maximum of
twelve hours per day on any day of the week.
8.4.5 Providing that
the employees concerned and Departmental management will mutually agree, in
accordance with the Department’s convenience, whether additional time worked is
taken as time off in-lieu of payment at ordinary rates at either:
8.4.5.1 the completion of the project; or
8.4.5.2 within three months of its being worked; or
8.4.5.3 is paid at ordinary rates.
8.4.6 An employee
engaged on Distant Work shall be conveyed with tools to and from at the
Department’s expense. Such conveyance
shall be made only once unless the employee is recalled and sent again to the
place of work when it shall be made each time that this happens, provided that
the return fares and travelling time need not be paid to an employee:
8.4.6.1 who leaves of their own free will; or
8.4.6.2 is dismissed for misconduct
before the completion of the
job, before being three months in such employment, whichever first happens, or
is dismissed for incompetence within one week of engagement.
8.4.7 Time occupied in
travelling to and from Distant Work shall be paid for at ordinary rates,
provided that no employee shall be paid more than an ordinary day's wages for
any day spent in travelling unless the employee is on the same day occupied in
working for the Department. The employee
shall be paid to cover the expenses, if any, of reaching home and of
transporting tools, of an amount listed in Table 2 item 30.
8.4.8 On Distant Work
the Department shall provide reasonable board and lodging or pay the allowance
amount listed in Table 2
8.4.8.1 for each day residing away from the usual place of residence
in item 31 or
8.4.8.2 for
each week of seven calendar days in item 32.
8.4.9 Reasonable board
and lodging for the purpose of this clause shall mean lodging in a well-kept
establishment with adequate furnishings, good bedding, good floor coverings,
good lighting, good heating, hot and cold running water in either a single room
or a twin room if a single room is not available.
8.4.10 Where
an employee is engaged upon distant jobs and is required to reside elsewhere
than on site they shall be paid the fares and travelling time allowance
prescribed by this clause.
8.4.11 An employee on
Distant Work, after three months continuous service, and thereafter at three
monthly intervals, may return home at the weekend and shall be paid the fares
reasonably incurred in so travelling home and to the place of work, provided
however, that if the work upon which the employee is engaged will be completed
within twenty-eight days after the expiration of any such period of three
months, as hereinbefore mentioned, then the provision of this subclause shall
not be applicable.
8.4.12 The
employee shall inform the Department in writing of subsequent change to the
usual place of residence.
8.4.13 If
the Department and an employee engaged on Distant Work agree in writing, the
paid Rostered Day Off prescribed in the Award may be taken and paid for at a
time mutually agreed. The agreement
shall only apply for a paid day or days off work up to maximum accrual of five
days.
8.4.14 In general terms,
the Department’s policy for employees is that the provisions of the Distant
Work Clause apply where the work site is situated more than 95 kilometres from
the Depot or Post Office of the town in which the employee is based and the
employee lives away from home for the period of the job.
8.4.15 The
only exceptions to this rule would be in rare cases, such as where road
conditions or special circumstances make it unreasonable or uneconomic to
apply. In such circumstances local
Departmental management has discretion to apply Distant Work provisions on
sites situated less than 95 kilometres from the Depot or Post Office, subject
to written justification being recorded on the job file and signed by the local
Departmental management representative.
The employee must live away from home to receive payment under these
circumstances.
8.5 Payment For Loss of Tools
8.5.1 An employee
shall be reimbursed by the Department to a maximum amount listed in Table 2 item
33 for loss of tools or clothes by fire or breaking and entering whilst
securely stored at the direction of the Department in a room or building on
Department premises, job or workshop or in a lock-up or if the tools are lost
or stolen while being transported by the employee at the Department’s
direction, or if the tools are accidentally lost over water or if tools are
lost or stolen during an employee's absence after leaving the job because of
injury or illness.
8.5.2 Provided that an
employee transporting their own tools shall take all reasonable care to protect
those tools and prevent theft or loss.
8.5.3 Where an
employee is absent from work because of illness or accident and has advised Department,
then the Department shall ensure that the employee's tools are securely stored
during the employee's absence.
8.5.4 Provided that for the purposes of this subclause:
8.5.4.1 Only
tools used by the employee in the course of their employment shall be covered
by this subclause.
8.5.4.2 The
employee shall, if requested to do so, furnish the Department with a list of
tools so used.
8.5.4.3 Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality.
8.5.4.4 The
employee shall report any theft to the police prior to making a claim on the
Department for replacement of stolen tools.
8.5.4.5 It is
assumed that the Department has directed staff to store their tools (as
detailed above) unless otherwise directed not to.
8.6 Tool Allowance
8.6.1 Tool Allowances
payable to Wages Staff shall be those set out in Table 1:
8.6.1.1 Item
34:
• Carpenter/Joiner
• Stonemason-carver
• Stonemason
• Plumber
• Electrician
• Plasterer
8.6.1.2 Item
35:
• Bricklayer
8.6.1.3 Item
36:
• Slater & Tiler
8.6.1.4 Item
37:
• Painter
8.7 All Purpose
Payment in Lieu of Certain Allowances
8.7.1 The provisions
of this subclause do not apply to:
8.7.1.1 Wages
Staff employees Levels 9, 10, 11 and 12.
8.7.1.2 Wages
Staff employees who have no entitlement to allowances payable under the Crown
Employees (Skilled Trades) Award.
8.7.2 All allowances
set out in clauses 4 and 15, other than the exemptions mentioned below, of the
Crown Employees (Skilled Trades) Award shall not be paid to Wages Staff
employees of any Level.
8.7.2.1 Clause
4, Allowances, shall continue to be paid:
(4) Electricians
(6) Plumber and
Drainer
(12) Registration
Allowance
(41) Asbestos
(44) Asbestos
Eradication
8.7.3 In recognition that
employees will continue to work under circumstances that previously attracted
allowance payments pursuant to the above specified clauses, payments for all
purposes of this Award shall be made.
The payments shall be as follows:
8.7.3.1 For
all Heritage and Building Services Group employees and apprentices, other than
slaters, plumbers and plumbing apprentices as listed in Table 2 item 38.
8.7.3.2 For
slaters, plumbers and plumbing apprentices, as listed in Table 2 item 39.
(Plumbers and plumbing apprentices will no longer be
able to claim separate payment for chokages or fouled
equipment.)
8.7.4 Should
circumstances arise where the payment of the allowance prescribed by this
subclause for plumbers becomes consistently disadvantageous when compared to
payment through the claiming of allowances as set out in the Crown Employees
(Skilled Trades) Award, then the Department and the Union will review the
situation. Any result of such a review
that results in the requirement to amend this subclause will be presented as a
consent matter by the Department and the Union.
8.8 Thermostatic
Mixing Valves Allowance
8.8.1 An employee who
is required by the Department to act on their thermostatic mixing valve licence
shall be paid an amount listed in Table 2 item 40, while undertaking inspection
and certification of thermostatic mixing valves.
8.9 Driving Van
Allowance
8.9.1 Department Wages
Staff employees allocated and responsible for commercial vehicles containing Departmental
plant and equipment, which are parked at the premises of the employee
overnight, shall be paid a flat allowance per day as listed in Table 2 item
41. This allowance is paid daily for
each day worked and is not paid for all purposes of this Award. It shall be treated as a wage related
allowance for the purpose of future increases.
8.10 Allowances
Review
8.10.1 Increases in
Expense Related Allowances payable under the Awards listed in Clause 22 of this
Award shall be paid, as appropriate, to employees covered by this Award. Payment of increases shall be made from the
same operative date as Award variations.
8.10.2 Expense Related
Allowances include:
Tool Allowance
Meal Allowance
Excess Fares and Travelling Time
Distant Work Allowances
8.10.3 Wage Related
Allowances shall increase by the same percentage amount, and from the same
operative date, as rates of pay increase under this Award.
9. Pay Arrangements
9.1 Fortnightly
Payment
9.1.1 Employees shall
be paid fortnightly.
9.1.2 The Department
shall not keep more than five days pay in hand.
9.2 Leave Loading
9.2.1 Recreation leave
loading has been incorporated in wages through a 1.35% wage adjustment paid
under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994 -
1995).
10. Hours of Work
10.1 Weekly hours:
The ordinary hours of duty for all full-time employees will be 38 per week, or
an average thereof.
10.2 Part-time
employees: Part-time employees in any classification can be employed for less
than the ordinary hours of duty specified in this award for an agreed number of
regular hours per week with conditions and entitlements as provided in the
relevant clauses of this award.
10.3 Span of hours:
Ordinary hours of duty will be worked within the limits of Monday to Friday.
The commencing and finishing times of ordinary duty will be determined by the
employer.
10.4 Local
variations: Commencing and finishing times may be varied within the limits of
6.00am and 6.00pm Monday to Friday, subject to a 10-hour span for individual
employees and a 12-hour span for individual workplaces, by agreement between
the supervisor and a majority of the employees affected.
10.5 Worked
continuously: The ordinary hours of duty will be worked continuously, except
for meal breaks. Meal breaks should not be regarded as breaking continuity.
10.6 Five hour break:
an employee should not work for more than 5 hours without a break for a meal.
10.7 Hours of duty
for part-timers: Before part-time duty commences, notice in writing will specify:
10.7.1 the
prescribed weekly hours of duty;
10.7.2 the pattern of
hours to be worked including starting and finishing times for other than shift
workers, on each or any day of the week, Monday to Friday, within the limits of
the span of hours specified for an equivalent full-time employee.
10.7.3 the pattern of
hours specified will be no less than 3 hours per day of attendance or an
alternative agreed period and will be continuous on any one day.
10.7.4 the
prescribed weekly hours and the pattern of hours specified under will not be
varied, amended or revoked without the consent of the employee. Any agreed
variation to the regular pattern of hours will be recorded in writing.
10.8 Where a
full-time employee is permitted to work part-time for an agreed period for
personal reasons, the notice in writing will provide for the hours to be varied
to full-time hours on a specified date. The employee will revert to fulltime
hours unless a further period of part-time employment is approved.
11. Overtime
11.1 Overtime
provisions, including payment for meals, as provided by clause 9, Overtime of
the Crown Employees (Skilled Trades) Award shall apply to all employees.
11.2 An employee may
opt to take time-off in lieu of paid overtime at the same rate at which the
overtime was accrued, subject to management agreement. Any such time-off will be taken within an
agreed time and not later than 3 months of the working of the overtime. An employee, subject to management agreement,
may take part time-off in lieu and part payment for overtime.
12. Career Development
and Training
12.1 The Department
will provide a career development and training program designed to contribute
to the attainment of corporate objectives by:
12.1.1 assisting
employees to formulate career development plans which reflect individuals'
goals and the needs of the Department.
12.1.2 assisting
employees to achieve personal excellence in work performance in a satisfying,
non-discriminatory, safe and healthy work environment;
12.1.3 ensuring
that, on an equitable and appropriate basis, employees are provided with
opportunities to develop required skills.
12.2 The Department
is committed to using and developing the skills of employees through the
provision of on-the-job and formal training, job rotation and formal education
to meet identified skills needs. The
Department will consult with the parties in formulating its program.
Approved training will be conducted without loss of
pay.
13. Rostered Days Off
13.1 Rostered Day Off (RDO) provisions, as provided by Clause 2. Hours - Day Workers of the Crown Employees
(Skilled Trades) Award shall apply to all employees along with the following
provisions of this clause.
13.2 The parties
agree that employees will be eligible to take their monthly rostered days off
three weeks before or after the industry RDO.
There will be appropriate arrangement and prior agreement between
employees and the Department in determining rostered days off.
13.3 This will result
in Department’s projects having adequate numbers of employees on site to enable
work to continue when the remaining days are taken. No more than three RDO's may be accrued in a
twelve-month period.
13.4 There will be appropriate
records kept of the date an employee has their RDO and of RDO's banked and
subsequently used. These records will be
available for perusal by the employee, on request.
14. Performance
Management
14.1 The parties to
this Award are committed to the introduction of performance management for
employees. As part of this process a
performance management program shall be introduced for all employees
immediately after the making of this Award.
15. Relocation Package
15.1 Negotiated
benefits for employees required by the Department to relocate will be agreed
with individual employee prior to relocation.
The benefits will be equal to, or better than, the current provisions of
the Crown Employees (Transferred Officers’ Compensation) Award.
15.2 The package of
variable individually negotiated benefits will be established to compensate for
the expenses and associated dislocation experienced by employees as a result of
relocating from one residential location to another residential location as a
necessary consequence of promotion, transfer (for other than disciplinary
reasons) or staff exchange to a new work location.
15.3 The scope of the
package must be defined in broad terms at the time of acceptance of the new
position.
16. Leave
16.1 All Awards,
Agreements and Determinations relating to leave continue to apply to employees
with the exception of the subclauses set out below.
16.1.1 Annual Leave
Loading
Annual leave loading was, and is, incorporated in wage
rates through a once only 1.35% wage increase paid under the terms of the NSW
Public Works Wages Staff Enterprise Agreement (1994 - 1995).
16.1.2 Family And Community Service Leave
The Department Head shall grant to a staff member some,
or all of their accrued family and community service leave on full pay, for
reasons relating to family responsibilities, performance of community service
or emergencies. Where possible, non-emergency appointments or duties should be
scheduled or performed outside of normal working hours.
Such cases may include but not be limited to the
following:
Compassionate grounds - such as the death or illness of
a close member of the family or a member of the staff member's household;
Emergency accommodation matters up to one day, such as attendance
at court as defendant in an eviction action, arranging accommodation, or when
required to remove furniture and effects;
Emergency or weather conditions; such as when flood,
fire, snow or disruption to utility services etc., threatens a staff member’s
property and/or prevents a staff member from reporting for duty;
Attending to family responsibilities such as -
citizenship ceremonies, parent/teacher interviews or attending child's school
for other reasons;
Attendance at court by a staff member to answer a
charge for a criminal offence, only if the Department Head considers the
granting of family and community service leave to be appropriate in a
particular case;
Attendance as a competitor in major amateur sport
(other than Olympic or Commonwealth Games) for staff members who are selected
to represent Australia or the State; and
Absence during normal working hours to attend meetings,
conferences or to perform other duties, for staff members holding office in
Local Government, and whose duties necessitate absence during normal working
hours for these purposes, provided that the staff member does not hold a
position of Mayor of a Municipal Council, President of a Shire Council or
Chairperson of a County Council.
The definition of "family" or "relative"
in this clause is the same as that provided in paragraph 26.1 of clause 26
Carer’s Leave of the Crown Employees (Skilled Trades) Award.
The maximum amount of family and community service
leave on full pay which may, subject to this award, be granted to a staff
member shall be in accordance with paragraph (1) or in accordance with
paragraph (2) whichever is the greater:
2½ of the staff member’s working days in the first year
of service and on completion of the first years’ service, 5 of the staff
member’s working days in any period of 2 years; or
After the completion of 2 years continuous service, the
available family and community service leave is determined by allowing 1 days
leave for each completed year of service less the total amount of short leave
or family and community service leave previously granted to the staff member.
If available family and community service leave is
exhausted as a result of natural disasters, the Department Head shall consider
applications for additional family and community service leave, if some other
emergency arises.
If available family and community service leave is
exhausted, on the death of a family member or relative, additional paid family
and community service leave of up to 2 days may be granted on a discrete, per
occasion basis to a staff member.
In cases of illness of a family member for whose care
and support the staff member is responsible, paid sick leave in accordance with
clause 26, Carer’s Leave of the Crown Employees (Skilled Trades) Award shall be
granted when paid family and community service leave has been exhausted.
A Department Head may also grant staff members other
forms of leave such as accrued recreation leave, time off in lieu, flex leave and
so on for family and community service leave purposes.
16.1.3 Sick Leave
All sick leave absences in excess of one day’s
duration, and any sick leave absences that are adjoining to weekends, gazetted
public holidays and Rostered Days Off (RDO) must be
supported by a medical certificate or equivalent legal document, or such
absence will be treated as leave without pay.
For all other aspects of sick leave the Sick Leave
provisions of the Uniform (Ministerial) Leave Conditions apply except that an
employee upon completion of three months service shall be entitled to payment
for sick leave taken in the first three months up to a maximum of five working
days.
16.1.4 Paid Parental
Leave
Up to 1 week on full pay or 2 weeks on half pay
parental leave is available to employees who:
otherwise meet the requirements for taking parental
leave as set out in clause 31 General Leave Conditions and Accidental Pay of
the Crown Employees (Skilled Trades) Award; and
apply for parental leave
within the time and the manner determined by the Department Head; and
prior to the expected date of
birth or taking custody have completed not less than 40 weeks service.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
Parental leave is available to male or female staff.
16.1.5 Paid Maternity Or Adoption Leave
The entitlement and conditions attached to paid maternity or adoption leave remain unchanged, except
that the quantum of leave will be 14 weeks instead of 9 weeks. Leave may be
taken at full pay, half pay or as a lump sum.
16.1.6 Extended Leave After 7 Years’ Service
Employees with 7 years or more service will be entitled
to take (or be paid out on resignation) extended leave in the usual
manner. The quantum of leave available
is that which would have applied if pro rata leave were granted. For example an
employee with 7 years’ service has a long service leave entitlement of 30.8
working days. Calculations for other
periods of service are set out at Chapter 6-7 of the Personnel Handbook.
There is no requirement for an employee with 7 or more
years of service to have been terminated or to have left employment because of
illness, incapacity or domestic or other pressing necessity to claim an entitlement.
No repayment will be required if an employee does not reach 10 years’ service.
16.1.7 Double Pay
Extended Leave
An employee with an entitlement to extended leave may
elect to take leave at double pay. The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work. The employee's leave balance will be
debited for the actual period of the absence from work and an equivalent number
of days as are necessary to pay the allowance.
For example, an employee with an extended leave balance
of 50 working days wishing to take
extended leave at double pay take 25 working days leave from work,
reducing their leave balance to 25 days. A further 25 working days will be
debited from the employee balance to cover payment of the non-superable taxable
allowance.
Other leave entitlements, e.g., recreation leave, sick
leave and extended leave will accrue at the single time rate where an employee
takes long service leave at double time.
Superannuation contributions will only be made on the
basis of the actual absence from work, i.e., at the single time rate.
Where an employee elects to take extended leave at double pay, in most cases a minimum
period of absence of 1 week should be taken, i.e., 1 week leave utilising 2
weeks of accrued leave.
16.1.8 Public Holidays
Whilst On Extended Leave
From 1 January 2005, public holidays that fall whilst
an employee is on a period of extended leave will be paid and not debited from
an employee’s leave entitlement.
In respect of public holidays that fall during a period
of double pay extended leave an employee will be not be debited in respect of
the leave on a public holiday.
The employees leave balance will however be reduced by
an additional day to fund the non-superable taxable allowance.
17. Grievance and
Dispute Resolution
17.1 Subject to the
provisions of the Industrial Relations Act 1996, all grievances and disputes
relating to the provisions of this award or any other industrial matter shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the Department, if required.
17.2 An employee is
required to notify, preferably in writing, their immediate supervisor or
manager, as to the substance of the grievance, dispute or difficulty, request a
meeting to discuss the matter, and if possible, state the remedy sought.
17.3 The immediate
supervisor or manager shall convene a meeting in order to resolve the grievance,
dispute or difficulty within two working days, or as soon as practicable, of
the matter being brought to attention.
17.4 If the matter
remains unresolved with the immediate supervisor or manager, the employee may
request to meet the appropriate person at the next level of management in order
to resolve the matter. This supervisor
or manager shall respond within two working days, or as soon as
practicable. The wages employee may
pursue this sequence of reference to successive levels of management until the
matter is referred to the appropriate Group General Manager or their nominated
representative.
17.5 If the matter
remains unresolved, the Group General Manager or their nominated representative
shall provide a written response to the employee and any other party involved
in the grievance, dispute or difficulty, concerning action to be taken, or the
reason for not taking action, in relation to the matter.
17.6 An employee may,
at any stage of these procedures, request to be represented by their union and
the Department will agree to such request.
17.7 Should the
matter not be resolved within a reasonable time, any of the parties may refer
it to the New South Wales Industrial Relations Commission for settlement. The employee, union and Department shall
agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
17.8 Whilst the
procedures outlined in this clause are being followed, normal work undertaken
prior to notification of the dispute or difficulty shall continue unless
otherwise agreed between the parties, or, in a case involving WH&S, if
practicable, normal work shall proceed in a manner which avoids any risk to the
health and safety of any Departmental employee or member of the public.
18.
Anti-Discrimination
18.1 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.
18.2 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.
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
any conduct or act which is
specifically exempted from anti-discrimination legislation;
offering or providing junior
rates of pay to persons under 21 years of age;
any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
a party to this award from
pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
18.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
18.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
18.7 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects .... any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion."
19. Consultative
Arrangements
19.1 The parties to
this Award will establish a Consultative Working Party. This Working Party shall generally act to
oversee and assist implementation of the Award and all other industrial matters
affecting groups of employees, but not concerns which are individual in nature.
19.2 The Consultative
Working Party shall meet within one month of the registration of this Award and
thereafter on a frequency of every two months, according to its constitution,
or as otherwise agreed between the parties.
19.3 The Consultative
Working Party may form Working Groups to examine specific issues for report
back to the Working Party.
19.4 The Consultative
Working Party shall consist of a total of six Union workplace representatives,
reflecting the structure of the workplace.
19.5 Where possible,
each of the main Unions party to this Award will have at least one workplace
representative. The main Unions are:
Construction, Forestry, Mining and Energy Union
(Construction and General Division), NSW Divisional Branch
Communications, Electrical,
Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of
Australia, Plumbing Division, NSW Branch.
Electrical Trades Union of Australia, New South Wales
Branch
Australian Workers’ Union, Greater New South Wales
Branch
19.6 Mass Meetings
19.6.1 Mass meetings on
paid time, at the most appropriate Regional or Metropolitan centre, may be held
as agreed between the parties. The
Department will not unreasonably withhold agreement to such meetings, with at
least one meeting per year to be held.
20. Workplace
Representatives
20.1 Employees
elected as delegates in the Group or Business Unit in which they are employed
shall, upon notification to the Department, be recognised as accredited
representatives of the union(s) and they shall be allowed the necessary time
during working hours to interview management representatives and the employees
whom they represent, on matters affecting the employees whom they represent.
20.2 Trade Union
Training
The Department agrees to provide the appropriate level
of paid Trade Union education leave to wages employee representatives up to a
maximum of twelve days in any two year period, subject to the approval of such
leave being consistent with operational requirements.
21. Deduction of Union
Subscriptions
21.1 Subject to an
employee making written authorisation, the Department shall deduct from the
employee's remuneration, subscriptions payable to a nominated industrial
organisation of employees and shall pay the deducted subscriptions to such
organisation.
22. Private Use of
Business Vehicles
20.1 Employees, in
accordance with the Department’s Motor Vehicle Policy and subject to
availability of motor vehicles and management approval, may use Departmental
vehicles for private purposes.
23. Relationship to
Awards, Agreements Etc.
23.1 This Award shall
be read and interpreted in conjunction with the Awards and Agreements
("the Instruments") covering the Department and its employees,
provided that where there is any inconsistency between this Award and the
Instruments, this Award shall prevail to the extent of the inconsistency.
23.2 In particular,
allowances and special rates specified as follows shall continue to operate
unless varied by this Award:
Crown Employees (Skilled Trades) Award, Clause 4 -
Allowances
24. Award Safety Net
24.1 If the NSW
Industrial Relations Commission (IRC) increases the wage rates and allowances
in Awards relevant to the Department which previously applied to an employee's
position to an amount above that payable to an employee under this Award, then
the Department will pay the higher amount in lieu of the wage rates and
allowances in this Award.
24.2 Such higher
rates shall be paid from the date ordered by the IRC.
24.3 Should the IRC
increase wage rates and allowances in the Award which previously applied to an
employee's position to an amount still below that payable to an employee under
this Award, then the Department will continue to pay the higher amount set out
in this Award in lieu of the Award wage rates and allowances.
24.4 The wage rate
increase of 1.35%, paid for the inclusion of leave loading in wage rates, shall
not be taken into account when considering the relative wage rates mentioned in
the preceding paragraph.
25. Leave Reserved
25.1 Leave is
reserved to any party to the award in relation to the following matters:
25.1.1 The implications
of any negotiated outcome between the parties or arbitrated decision with
regard to the Secure Employment Test Case on employees covered by the award.
25.1.2 The inclusion in
the award of a suitable Trade Union Delegates Activities clause, with specific
reference to the provisions existing within the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
26. Assistance With Public Transport
26.1 The Department
will provide funds for the purchase of yearly rail, bus and ferry tickets (or
combinations of these) for employees who require them.
26.2 Employees will
repay the cost of the ticket over 12 months through regular fortnightly
deductions from after tax salary.
27. No Extra Claims
27.1 The parties
agree that, during the term of this award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to the
employees covered by the award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.