HUNTER WATER AUSTRALIA (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Employers First, State peak council of employers.

 

(Nos. IRC 3053 of 2000 and 4710 of 2002)

 

Before The Honourable Justice Staunton

16 September and 8 November 2002

 

AWARD

 

PART A

 

CONDITIONS

 

PART 1

 

APPLICATION AND OPERATION OF THE AWARD

 

1.  Title

 

This award shall be known as the "Hunter Water Australia (State) Award".

 

2.  Arrangement

 

This award shall be arranged as follows:

 

Clause No.          Subject Matter

 

PART A

 

CONDITIONS

 

PART 1

 

APPLICATION AND OPERATION OF THE AWARD

 

1.         Title

2.         Arrangement

3.         Definitions

4.         Area, Incidence and Duration

 

PART 2

 

EMPLOYMENT RELATIONSHIP

 

5.         Employment Categories

6.         Probationary Period

7.         Employee Duties

 

 

 

 

 

PART 3

 

SALARIES AND RELATED MATTERS

 

8.         Classifications

9.         Relief in Higher Duties

10.       HWA Salary Structure

11.       State Wage Case

12.       Remuneration Packaging

13.       Payment of Salaries

 

PART 4

 

HOURS OF WORK AND OVERTIME

 

14.       Hours of Work

15.       Overtime

 

PART 5

 

ALLOWANCES AND TRAVEL EXPENSES

 

16.       Travelling, Accommodation and Incidentals

17.       Private Vehicle Usage Allowance

18.       Water Treatment Plant Operator Allowances

 

PART 6

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

19.       Public Holidays

20.       Annual Leave

21.       Annual Leave Loading

22.       Long Service Leave

23.       Sick Leave

24.       Bereavement Leave

25.       Parental Leave

26.       Personal/Carer's Leave

27.       Jury Service

 

PART 7

 

TERMINATION OF EMPLOYMENT AND REDUNDANCY

 

28.       Termination of Employment

29.       Reorganisation/Consultation

 

PART 8

 

ANTI-DISCRIMINATION AND GRIEVANCE/DISPUTE RESOLUTION

 

30.       Anti-Discrimination

31.       Dispute/Grievance Procedure

 

 

 

 

 

PART 9

 

STREAMS/CLASSIFICATIONS (REFER TO CLAUSE 8)

 

32.       Technical Officers Stream

33.       Clerical/Administrative Stream

34.       Water Treatment Plant Operators Stream

 

PART 10

 

SAVINGS CLAUSE

 

35.       Savings Clause

 

PART 11

 

MISCELLANEOUS CLAUSES

 

36.       Award to be Posted

37.       Union Representatives

38.       Right of Entry

39.       Health and Safety

40.       Training and Development

 

PART B

 

MONETARY RATES

 

Table 1 - Salary Structure (Refer to Clause 10)

Table 2 - Allowances (Refer to Part 5)

Table 3 - Meal Allowance for Overtime (Refer to clause 11)

 

Appendix A - Employees with Preserved Conditions

 

3.  Definitions

 

3.1        "Hunter Water Australia" or "the employer" means Hunter Water Australia Pty Limited (ACN 080 869 905).

 

3.2        "Act" means the Industrial Relations Act 1996.

 

3.3        "Union" means the Australian Services Union of New South Wales.

 

4.  Area, Incidence and Duration

 

4.1        This award shall be binding on Hunter Water Australia in respect to all of its employees covered under this award, and the Union.

 

4.2        The award sets out all the terms and conditions of employees covered by this Award and shall rescind and replace any industrial agreements, applying to the parties to this award, that were entered into before the coming into force of this award; it shall also prevail over other state awards that would otherwise apply including: the Clerical and Administrative Employees (State) Award, published 14 February 1997 (296 I.G. 619); Draughtsmen, Planners, Technical Officers, &c. (State) Award, published 21 September 2001 (327 I.G. 1058); Surveyors' Field Hands (State) Award, published 23 November 2001 (329 I.G. 889); and Professional Engineers and Professional Scientists (Private Industry) (State) Award, published 18 August 2000 (317 I.G. 1030).

 

4.3        Subject to subclause 4.4, this award shall take effect from the first full pay period commencing on or after 17 September 2002 and shall remain in force for a period of 12 months.

 

4.4        Table 2 - Allowances of Part B - Monetary Rates of this award shall take effect from 17 September 2002.

 

Part 2

 

EMPLOYMENT RELATIONSHIP

 

5.  Employment Categories

 

5.1        Employees may be engaged to work full-time, part-time, casual or on fixed term (temporary) basis.

 

5.1.1     Full-time Employment

 

Full-time employees shall be engaged to regularly work a maximum of 38 ordinary hours per week.

 

5.1.2     Part-time Employment

 

Part-time employees shall be engaged to regularly work less than the hours prescribed for full-time employees.  A minimum of three (3) hours will be paid per shift for a part-time employee.

 

Part-time employees shall receive all entitlements that apply to full-time employees on a proportionate basis.

 

Overtime shall not be payable until the standard full-time hours per day are exceeded or time is worked outside the span of ordinary hours. Provided that where the standard full-time hours per day for the classification are exceeded or for work outside the span of ordinary hours, overtime shall be paid in accordance with this award.

 

5.1.3     Casual Employment

 

Casual employees shall be engaged and paid as such.

 

Casual employees shall be paid a minimum payment of 4 hours at ordinary time for each start and shall be paid at the rate of 1/38 of the appropriate weekly amount plus 20%.  The loading is paid in lieu of any leave, leave loading or public holiday entitlements. In addition, an amount equivalent to 1/12th of the hourly rate will be paid in lieu of Annual Leave as provided under the Annual Holidays Act 1944.

 

5.1.4     Fixed Term (Temporary) Employment

 

Employees may be engaged on a full-time or part-time basis for a fixed term of two (2) weeks or more.

 

6.  Probationary Period

 

6.1        All new employees (excepting casual employees) will be engaged for a probationary period of up to three (3) months, except where otherwise agreed between Hunter Water Australia and the individual employee.

 

6.2        Probationary employment forms part of an employee’s period of continuous service for all purposes of the award, except where otherwise specified in this award.

 

 

7.  Employee Duties

 

7.1        All employees shall:

 

7.1.1     Undertake such duties and provide such services in relation to Hunter Water Australia and its business as are reasonably directed by Hunter Water Australia;

 

7.1.2     Carry out such duties as directed which are within the limits of the employee’s skills, competence and training;

 

7.1.3     Perform such work as Hunter Water Australia shall from time to time reasonably require and where an employee does not attend to such work (except as otherwise provided by this Award) they shall lose pay for the actual time of such non-attendance or non-performance.

 

Part 3

 

SALARIES AND RELATED MATTERS

 

8.  Classifications

 

8.1        Employees will be paid in accordance with the appropriate classification as set out in this Award.

 

8.2        Promotion to a Vacancy

 

Promotion to a vacancy will be by merit-based selection.

 

8.3        Reclassification Request by Employees

 

Employees, including junior employees, seeking reclassification shall apply in writing to their supervisor detailing all applicable qualifications and reasons for their request for reclassification.  The company will then consider this request.

 

8.4        Changes in work value may arise from changes in the nature of work, the level of skill required or the level of responsibility exercised.

 

8.5        Junior Rates of Pay

 

Employees under the age of 21 will be classified as junior and will be paid a minimum salary in accordance with clause 10. Provided that a junior employee may apply for reclassification in accordance with subclause 8.3 where he/she can demonstrate that they possess the qualifications and skills associated with an adult classification.

 

8.6        Technical Officers Stream - refer to clause 32.

 

8.7        Clerical/Administrative Stream - refer to clause 33.

 

8.8        Water Treatment Plant Operators Stream - refer to clause 34.

 

9.  Relief in Higher Duties

 

9.1        An employee required to perform higher duties, in the absence of the employee normally exercising such duties or whilst called upon to perform such duties on a temporary basis, shall be paid at least the rate which would be applicable as if such duties were performed on a permanent basis; provided that the responsibilities and duties of the relieved position are undertaken.

 

 

 

10.  HWA Salary Structure

 

10.1      The classifications detailed in clause 8 will receive a minimum annual salary in accordance with the following HWA salary structure:

 

HWA Salary	Technical Officer	Clerical /	Water Treatment
Structure		Administrative	Plant Operator
1		Junior <19 years old
2	Junior	Junior
3	Level 1		Trainee
4	Level 2	Level 1	Level 1
5	Level 3	Level 2	Level 2
6
7	Level 4	Level 3
8	Level 5		Level 3
9	Level 6	Level 4
10	Level 7
11	Level 8	Level 5
12	Level 9
13	Level 10
14	Level 11
15
16	Level 12

 

10.2      The monetary rates for the HWA Salary Structure are contained in Part B - Monetary Rates, Table 1 - Salary Structure.

 

11.  State Wage Case

 

11.1      The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:

 

11.1.1               any equivalent over-award payments, and/or

 

11.1.2               award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

12.  Remuneration Packaging

 

12.1      Where mutually agreed between Hunter Water Australia and the employee, an employee may elect to receive their remuneration as prescribed by this award in a remuneration package for all time worked. The remuneration package may be made up of one or more of the following:

 

(i)         the benefit of a motor vehicle;

 

(ii)        additional employer superannuation contributions (salary sacrifice to superannuation);

 

(iii)       any other benefit as mutually agreed.

 

12.2      An amount of salary equal to the difference between the employee's total package and the amount specified by Hunter Water Australia from time to time for the benefit received by the employee in respect to subclause 12.1 above. Hunter Water Australia will only agree to such arrangements so long as that the structure of any agreed package complies with taxation and other relevant laws.

 

12.3      The terms and conditions of the remuneration package shall be in writing and signed by both Hunter Water Australia and the employee. A copy of the written remuneration package agreement shall be given to the employee.

12.4      The configuration of the remuneration package shall remain in force for a period agreed between the employee and Hunter Water Australia.

 

12.5      Where the provision of a motor vehicle for private usage forms part of the remuneration package, the basis for determining the benefit will be agreed and there will be an annual reconciliation of the benefit received by the employee at which time the balance required to be paid by either Hunter Water Australia or the employee will be determined.

 

12.6      Except for the provisions related to private use of motor vehicles prescribed by subclause 12.4, Hunter Water Australia will advise the employee in writing of the value of other benefits before the award is entered into.

 

12.7      Where, at the annual reconciliation, the full amount allocated to a specific benefit has not been utilised, it will be paid out and will be subject to usual taxation requirements.

 

12.8      Salary Sacrifice to Superannuation Provisions

 

12.8.1               Where an employee elects to salary sacrifice in terms of sub-clause 12.1, the employer will pay the sacrificed amount into either:

 

(i)         the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(ii)        a private sector complying superannuation scheme as employer superannuation contributions, by mutual agreement.

 

12.8.2               Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions then:

 

(i)         subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

 

(ii)        any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payment for leave taken in service, to which an employee is entitled under this Award or any applicable Agreement, Act or statute which is expressed to be determined by reference to an employee's salary, shall be calculated by reference to the salary which would have applied to the employee under this Award in the absence of any salary sacrifice to superannuation made under this Award.

 

12.8.3               Where the employee is a member of a superannuation scheme established under:

 

(i)         the Superannuation Act 1916;

 

(ii)        the State Authorities Superannuation Act 1987;

 

(iii)       the State Authorities Non-contributory Superannuation Act 1987; or

 

(iv)      the First State Superannuation Act 1992.

 

The employer must ensure that the amount of any additional employer superannuation contributions specified in subclause 12.1 above is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

12.8.4               Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in paragraph 12.8.3 above, the employer will continue to base contributions to that fund on the salary payable under this Award to the same extent as applied before the employee sacrificed portion of that salary to superannuation.  This clause applies even though the superannuation contributions made by the employer may be in excess of superannuation guarantee requirements after the salary sacrificed is implemented.

 

13.  Payment of Salaries

 

13.1      Salaries will be paid fortnightly by Hunter Water Australia direct to a bank account, building society or credit union account mutually agreed between Hunter Water Australia and the employee.

 

13.2      Where an employee is absent for any reason without pay in a pay period and no deduction is made in that pay period, the deduction may be made in the next following pay period.

 

13.3      Payments for overtime may be made in a pay period following the period in which the overtime was worked.

 

Part 4

 

HOURS OF WORK AND OVERTIME

 

14.  Hours of Work

 

14.1      Day Workers

 

14.1.1               Full-time employees shall work 38 hours per week.

 

14.1.2               The ordinary hours of work shall not exceed 8 hours on any day. Ordinary hours per day may be increased up to 10 hours, provided there is agreement between the employer and the employee(s) concerned.

 

14.1.3               The ordinary hours shall be worked between 7.00am and 6.00pm, Monday to Friday inclusive.

 

Provided further that, where the immediate supervisor agrees, an employee may elect to work his/her ordinary hour of work outside the normal span of hours without attracting shift penalty rates.

 

14.1.4               Regular daily starting and finishing times and scheme of working hours will be determined by Hunter Water Australia based on the needs and profitability of the business. The Business Manager may direct an employee to vary their starting and finishing times within the span of ordinary hours, provided seven (7) days clear notice is given.

 

14.1.5               Regular daily starting and finishing times and scheme of ordinary working hours may be varied with less than 7 days clear notice by mutual agreement between the employer and the employee.

 

14.2      Shift Workers

 

14.2.1               A "shift worker" is an employee whose ordinary hours of work are 38 hours per week averaged over a 4-week period in accordance with the shifts defined in (i) to (iv) of this clause:

 

(i)         "Day shift" means having a regular work pattern that includes working on weekends and public holidays.  The hours of work being between 6am and 6pm.

 

(ii)        "Afternoon shift" means any shift finishing after 6.00pm and at or before midnight; and

 

(iii)       "Night shift" means any shift finishing after midnight and at or before 8.00am.

 

(iv)      "Seven-day shift worker" means a shift worker who is rostered to work regularly on Sundays and public holidays.

 

14.2.2               Notwithstanding any other provisions of this award and subject to paragraph 14.2.1, the ordinary hours for a shift worker shall not exceed 8 hours in any consecutive 24-hour period. Provided that ordinary hours may be up to 10 hours by mutual agreement between the employer and the employee(s) concerned. Shift work shall be arranged so that an employee shall not work ordinary hours on more than ten (10) shifts in fourteen (14) consecutive days or any fortnightly period.

 

14.2.3               A shift worker shall be paid the following premiums:

 

(i)         Shift workers whilst on afternoon shift shall be paid an additional 15% more than their ordinary rate of pay.

 

(ii)        Shift workers whilst on night shift shall be paid an additional 20% more than their ordinary rate of pay.

 

(iii)       Shift workers who work an ordinary shift on a Saturday shall be paid time and one half of the ordinary rate of pay.

 

(iv)      Shift workers who work an ordinary shift on a Sunday shall be paid double the ordinary rate of pay.

 

(v)       Shift workers who work an ordinary shift on a public holiday shall be paid double time and one half of the ordinary rate of pay.

 

(vi)      The extra rates prescribed in subparagraphs (iii) to (v) above, shall be in substitution for and not cumulative upon the shift premiums in subparagraphs (i) and (ii) above.

 

14.2.4               Change of Work Pattern

 

A shift worker who is required to change their pattern of work on a permanent or temporary basis will be given at least twenty-four (24) hours' notice of the proposed change. Where this required notice is not given, overtime rates shall be paid for the ordinary time so worked (plus the additional shift allowance) until the expiration of such twenty four (24) hours.

 

The proposed changes to the work pattern may include:

 

(i)         Change from existing shift to another shift being day shift, afternoon shift or night shift.

 

(ii)        Change of existing work arrangement for the sequence of days worked in a fourteen day cycle.

 

(iii)       Change from shift work to day work on a Monday to Friday arrangement.

 

14.3      Meal Breaks

 

All employees will be entitled to an unpaid meal break, to be taken not more than five hours after commencement. The meal break is to be a minimum of 30 minutes but no more than 1 hour in duration.

 

 

15.  Overtime

 

15.1      For the purpose of meeting the needs of the business, Hunter Water Australia may require an employee to work reasonable overtime including work on Saturdays, Sundays and public holidays, shift work at the appropriate rates and work at distant locations necessitating overnight accommodation.

 

15.2      Overtime for Day Workers and Shift Workers

 

Overtime will only be paid where their immediate Supervisor directs an employee to work. Where an employee is required by their immediate Supervisor to work overtime outside ordinary hours prescribed by this Award, the employee will be paid as follows:

 

15.2.1               Monday to Friday - time and one half for the first two (2) hours and double time thereafter;

 

15.2.2               Saturday up to 12 noon - time and one half for the first two (2) hours and double time thereafter;

 

15.2.3               Saturday after 12 noon - double time;

 

15.2.4               Sunday - double time; and

 

15.2.5               Public Holidays - double time and one half.

 

15.3      Overtime for Shift Workers:

 

15.3.1               Shift Workers for all time worked:

 

(i)         in excess of the ordinary working hours prescribed in subclause 14.2; or

 

(ii)        on more than eleven (11) shifts in twelve (12) consecutive days; or

 

(iii)       on a shift where a shift worker is not ordinarily rostered to work.

 

shall be paid at the rate of time and one half for the first two (2) hours and at the rate of double time thereafter.

 

15.3.2               Paragraph 15.3.1 shall not apply when the time worked is:

 

(i)         associated with the customary rotation of shifts; or

 

(ii)        by arrangement between the employees themselves, with consent of their immediate supervisor.

 

15.3.3               Recall to Work Overtime

 

(i)         An employee, who is called from their place of residence after the usual finishing time and before 6am on the next working day, shall be paid, for the first callout a minimum of four (4) hours at overtime rates. Such payment is to cover any subsequent callout within those four (4) hours.

 

(ii)        Where an employee is recalled to work overtime at a time immediately prior to the commencement of an ordinary shift, then the ordinary time payment will be reduced by the amount equal to the time that the call out period crosses over the ordinary shift.

 

(iii)       Should an employee be called from their place of residence after the expiration of four (4) hours from the time they received their first callout, they shall be entitled to a further minimum payment of four (4) hours and the four (4) hours payment in each case shall cover all other callouts within that four (4) hours.

 

(iv)      The time in each case is to be computed as from the time the employee leaves their place of residence to the time they return to their residence, travelling by a direct route.

 

(v)       Employees recalled from their place of residence after the usual finishing time are entitled to claim reasonable travel expenses, travelling by a direct route, at the rate set out in subclause 17.2.

 

15.4      Planned Overtime

 

15.4.1               Where a day worker is notified of overtime, prior to the employee ceasing work on the last ordinary shift, the employee shall be paid for actual hours worked at overtime rates.

 

15.4.2               Where a shift worker is notified of overtime, prior to the employee ceasing work on the last ordinary shift, for a day they are not rostered to work, the employee shall be paid a minimum of four (4) hours pay for the day at overtime rates.

 

15.5      Rest Period after Overtime

 

15.5.1               An employee, other than a casual employee, who works overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day, that he/she has not had at least ten (10) consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until he/she has had ten (10) consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.

 

If, on the instruction of the employer, such an employee resumes or continues work without having had such ten (10) consecutive hours off duty, he/she shall be paid at double time rates until he/she is released from duty for such period, and he/she shall then be entitled to be absent until he/she has had ten hours off duty, without loss of pay for ordinary working time occurring during such absence.

 

15.5.2               The provisions of paragraph 15.4.1 shall apply to the case of Shift Workers as if eight (8) hours were substituted for ten (10) hours when overtime is worked:

 

(i)         for the purpose of changing shift rosters; or

 

(ii)        where a Shift Worker does not report for duty and a Day Worker or a Shift Worker is required to replace such Shift Worker, or

 

(iii)       where a shift is worked by arrangement between the employees themselves with consent of the manager.

 

15.6      Meal Allowance for Overtime

 

15.6.1               Employees required to work overtime for two (2) or more hours immediately prior to normal starting time will be paid a meal allowance as per Table 3.

 

15.6.2               Employees required to work overtime for two (2) or more hours immediately after normal finishing time will be paid a meal allowance as per Table 3 if a meal is not supplied. If overtime continues, a further meal allowance as per Table 3 will be paid for each additional four (4) hours overtime completed.

 

15.6.3               Employees recalled to work overtime after ceasing work shall be paid a meal allowance as per Table 3 for each completed four (4) hours worked.

 

15.6.4               Where the employee agrees, the employer may supply the employee(s) with a suitable meal in which case the allowance set out in paragraphs 15.5.1 to 15.5.3 shall not apply.

 

15.6.5               Meal allowances shall not be paid for overtime worked on a Saturday, Sunday or Public Holidays where employees received prior notification before finishing work on the last ordinary shift.

 

15.7      Working through Meal Breaks

 

An employee who is directed to work during a recognised meal break in accordance with paragraph 14.2.5 of subclause 14.2, Shift Workers, shall be paid overtime until the employee is released for a meal break which shall be taken without loss of pay.

 

15.8      Time Off in lieu of Pay for Overtime

 

15.8.1               An employee may elect, with prior written consent of their manager, to take time off in lieu of payment for overtime at a time or times agreed with the manager within twelve (12) months of the said election.

 

15.8.2               Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is one hour for each hour worked.

 

15.8.3               If, having elected to take time off as leave in accordance with paragraph 15.8.1 above, the leave is not taken for whatever reason, payment for the time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or termination.

 

15.8.4               Where no election is made in accordance with paragraph 15.7.1, the employee shall be paid overtime in accordance with this award.

 

15.9      Standing By

 

15.9.1               Where an employee is required regularly to hold themselves in readiness to work outside of ordinary hours, the employee will be paid a "standby allowance":

 

(i)         Monday to Friday (excluding public holidays) - a daily standby allowance equivalent to two (2) hours’ salary at the employee's ordinary rate for each weekday.

 

(ii)        An employee directed to stand-by at home on a Saturday, Sunday or Public Holiday shall be paid a daily standby allowance equivalent to 7.6 hours’ salary at the employee's ordinary rate for each day, Saturday, Sunday or Public Holiday the employee actually stands-by. Provided that for the purpose of this paragraph the period of standing by shall be deemed to commence from end of the ordinary shift on the previous day and continue until the commencement of the ordinary shift on the next working day.

 

15.9.2               Any overtime during the period covered by the above standby allowances shall be paid for in accordance with the provisions of clause 15 - Overtime, of this award and shall be in addition to any standby allowance.

 

Part 5

 

ALLOWANCES AND TRAVEL EXPENSES

 

16.  Travelling, Accommodation and Incidentals

 

16.1      Employees shall be entitled to be reimbursed for necessary and reasonable out-of-pocket expenses incurred in connection with the performance of their duties.

 

16.2      Where employees are required to work away from home and overnight accommodation is necessary, reasonable costs for accommodation, meals and out-of-pocket expenses will be reimbursed upon the production of receipts with relevant details.

 

16.3      For journeys occupying one (1) day, time spent travelling by an employee on the employer’s business, in excess of one hour and outside the ordinary hours of work, shall be paid at ordinary time rates. Provided that such travel time is not payable where travel is required to attend a training session, conference etc, or where such travel is consistent with the employee’s normal pattern of work.

 

17.  Private Vehicle Usage Allowance

 

17.1      An employee who, with the prior approval of their immediate Supervisor uses a privately-owned motor vehicle in the course of or in connection with employment, shall be paid on a per kilometre travelled basis for such casual use in accordance with the rates in subclauses 17.2 or 17.3.

 

17.2      Specified Journey Rate

 

This rate is payable where other transport is available to permit travel within a reasonable time but their immediate supervisor allows the employee to elect the use of a private motor vehicle in connection with official or approved travel.

 

For the Specified Journey Rate refer to Table 2.

 

17.3      Official Business Journey Rate

 

This rate is to be paid to employees who use a private motor vehicle in the performance of their duties and where all of the following conditions are met:

 

(i)         no official vehicle is available;

 

(ii)        no public or other transport is available to permit travel within a reasonable time and at a reasonable cost; and

 

(iii)       the use of the employee's private motor vehicle is essential to, or necessary for, the economic performance of the employee's duties;

 

(iv)       there is prior management approval of the private use.

 

For the Official Business Journey rate refer to Table 2

 

18.  Water Treatment Plant Operator Allowances

 

18.1      The following fixed allowances will be paid to Water Treatment Plant Operators:

 

18.1.1               Water Treatment Plant Operator, Allowance 1

 

A fixed allowance, as prescribed in Table 2, will be paid to Water Treatment Plant Operators who commenced service prior to 2nd March 1998.

This allowance will be indexed in line with general pay rises.

 

18.1.2               Water Treatment Plant Operator, Allowance 2

 

A fixed allowance, as prescribed in Table 2, will be paid to all Water Treatment Plant Operators.

 

This allowance will be indexed in line with general pay rises.

 

NB: This allowance will be classified as non-superable for staff who are members of the defined benefits super schemes, being SASS or SSF.

 

18.2      Dungog/Grahamstown Allowance

 

18.2.1               Where a Water Treatment Plant Operator is required to travel outside of their normal start/finish times between the water treatment facilities at Dungog and Grahamstown and they use their own vehicle, a fixed allowance will be paid per return journey.

 

18.2.2               Employees who are entitled to this allowance will not be entitled to an allowance under clause 17.

 

18.2.3               This allowance will be indexed in line with general pay rises.

 

18.2.4               The prescribed rate is contained in Table 2.

 

Part 6

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

19.  Public Holidays

 

19.1      All employees (except casuals) shall be entitled to holidays without loss of pay on the following days:

 

19.1.1               New Years Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen's Birthday and Labor Day; and

 

19.1.2               One other day gazetted and proclaimed as a local public holiday in the locality concerned, subject to subclause 19.3.

 

19.2      Where an employee is required to work on one of the public holidays as specified above, they shall be paid at the rate prescribed for public holidays in paragraph 15.2.5. The employee will not be entitled to time off in lieu.

 

19.3      Where the employer and employee agree, the employee may take the local public holiday, per paragraph 19.1.2, on another day within three months following that date.  Time worked on the local public holiday will be paid at ordinary time rates.

 

19.4      Payment for a Public Holiday will not be made for employees who would not ordinarily be rostered to work and do not work on such a public holiday.

 

19.5      Shift workers rostered to work on Public Holidays shall be required to work in accordance with the roster. Payment will be made at the rates prescribed for Public Holidays and the employee will not be entitled to time off in lieu.

 

20.  Annual Leave

 

20.1      Annual leave to the extent of four (4) weeks per annum (exclusive of Public Holidays observed on a working day) shall accrue to each employee proportionately from month to month at the rate of one and two-third days for each completed calendar month of service or one-third day for six (6) calendar days for each incomplete month - such leave to be credited without any qualifying period of service.

 

20.2      Subject to paragraphs 20.2.1 and 20.2.2, annual leave entitlements accrued up to 30 June each year shall be taken in the ensuing financial year.

 

20.2.1               In special circumstances the relevant Manager may approve the accumulation of all or part of any annual leave accrued but total leave accumulated at 30 June in any year shall not exceed a maximum of fifty (50) days.

 

20.2.2               If the relevant Manager is of the opinion that it is not practicable to allow an employee to take the whole or any part of the quantum within the financial year that it was due to be taken, the leave may be mutually postponed.

 

20.3      In the event of the resignation or retirement of an employee, the cash equivalent of all accumulated annual leave due to such employee and untaken at the date of resignation or retirement shall be paid to the employee concerned.  The cash value of such leave shall be calculated at the salary the employee was receiving immediately prior to resignation or retirement.

 

20.4      In addition to the leave provided for by subclause 20.1, seven-day shift workers, shall be allowed one week’s leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker, the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker. In this clause reference to one week and one day shall include holidays and non-working days.

 

 

21.  Annual Leave Loading

 

21.1      Annual leave loading is paid at a rate of 17½% of four (4) weeks ordinary pay for every twelve (12) months continuous service. An employee with less than 12-months continuous service shall receive an equivalent pro-rata payment.

 

21.2      The full entitlement to the loading that the employee has accrued over the previous year is to be paid to him/her as a single payment on the first pay period after 1 December each year. The loading will only apply to leave accrued in the leave year ending on the preceding 30 November.

 

21.3      Upon termination, the employee will be entitled to a pro-rata payment from the start of the leave year up to the termination date, except in the case of termination on the grounds of misconduct.

 

21.4      For the purposes of calculating Annual Leave Loading for Shift Workers, additional annual leave per subclause 20.2 will be added to the available balance as defined in subclause 21.1.

 

22.  Long Service Leave

 

Long Service Leave will be in accordance with the Long Service Leave Act 1955.

 

Notation: The Long Service Leave Act 1955 provides:

 

22.1      Every employee shall be entitled to long service leave on ordinary pay in respect of the service with the employer.

 

22.2      The amount of long service leave to which an employee shall be so entitled is:

 

22.2.1               In the case of an employee who has completed 10 years service:

 

(i)         In respect of 10 years service so completed, two (2) months; and

 

(ii)        In respect of each five (5) years service completed since the employee last became entitled to long service leave, one (1) month; and

 

(iii)       On the termination of the employee's services after the completion of 15 years service, in respect of the number of years service completed since the employee last became entitled to an amount of long service leave, a proportionate amount on the basis of two (2) months for 10 years service; and

22.2.2               In the case of an employee who has completed at least 10 years service but less than 15 years and whose services are terminated or cease for any reason, a proportionate amount on the basis of three (3) months for 15 years service; and

 

22.2.3               In the case of an employee who has completed at least five years service as an adult, and whose services are terminated by the employer for any reason other than the worker’s serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, a proportionate amount on the basis of two (2) months for 10 years service (such service to include service with the employer as an adult and otherwise than as an adult).

 

23.  Sick Leave

 

23.1      Where Hunter Water Australia is satisfied that the employee is unable to perform his/her work due to ill health, the employee will be granted ten (10) days per annum sick leave on a pro-rata basis from the date of commencement to 30 June in the following year.

 

23.2      Ten days paid sick leave per annum will be available with the amount updated at the end of each financial year. Untaken leave will be fully cumulative.

 

23.3      Notification

 

The employee shall, where reasonably practicable, before the commencement of absence, inform their manager of their inability to attend for duty, as far as possible, stating the nature of the injury or illness and the estimated duration of the absence.

 

23.4      The payment of any absence on sick leave in accordance with this clause during the first three (3) months of employment may be withheld by the employer until the employee completes such three months of employment, at which time the payment shall be made.

 

23.5      Medical Certificates

 

23.5.1               Medical certificate or other evidence acceptable to the employer must substantiate all claims for any absence in excess of three (3) days.

 

23.5.2               Should the employer become concerned as to the extent or nature of sick leave taken by an employee, the employer shall advise the employee of its concern, and may require the employee provide a medical certificate for the purpose of:

 

(i)         Substantiating that the employee is or was unable, on account of illness or incapacity, to attend for duty on the day(s) for which payment is claimed.

 

(ii)        Satisfying itself that the employer’s duty of care to employees in respect of OH&S is appropriately exercised.

 

23.6      An employee will not be entitled to sick leave for any period during which he/she is entitled to worker's compensation.

 

23.7      Part-time employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave.

 

24.  Bereavement Leave

 

24.1      An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause 24.3 of this clause. Where the death of a person as prescribed by subclause 24.3 occurs outside Australia, the employee shall be entitled to a maximum of three days bereavement leave where such employee travels outside Australia to attend the funeral.

24.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of the employer, proof of death.

 

24.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in paragraph 26.2.3, of clause 26, Personal/Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

24.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

24.5      Bereavement leave may be taken in conjunction with other leave available under this award. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

25.  Parental Leave

 

See the Industrial Relations Act 1996.

 

26.  Personal/Carer's Leave

 

26.1      An employee shall, wherever practicable, give the employer notice, prior to an absence for Personal/Carer's Leave, of the intention to take leave, the name of the person requiring care and their 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.

 

26.2      Use of Sick Leave

 

26.2.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in paragraph 26.2.3, of this clause, who needs the employee's care and support shall be entitled to use, in accordance with this clause, any current or accrued sick leave entitlement provided for in clause 23, 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 day.

 

26.2.2               The employee shall, if required, establish, 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 clause where another person has taken leave to care for the same person.

 

26.2.3               The entitlement to use sick leave in accordance with this clause is subject to the employee being responsible for the care and support of the person concerned; and the person concerned is:

 

(i)         a spouse of the employee; or

 

(ii)        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

 

(iii)       a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(iv)      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(v)       a relative of the employee who is a member of the same household where, for the purposes of this clause:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

26.3      Unpaid Leave for Family Purpose

 

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 paragraph 26.2.3 who is ill.

 

26.4      Annual Leave

 

26.4.1               An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1994, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

26.4.2               Access to annual leave as prescribed in paragraph 26.4.1 of this subclause, shall be exclusive of any shutdown period provided elsewhere under this award.

 

26.5      Time Off in Lieu of Payment for Overtime

 

See subclause 15.8, Time Off in Lieu of Payment for Overtime.

 

26.6      Make-up Time

 

26.6.1               An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

 

26.6.2               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.

 

27.  Jury Service

 

27.1      Full time and part time employees attending for jury service are entitled to have their pay made up to what they would have received for ordinary time. Employees must provide proof of attendance.

 

27.2      A full time employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and the amount of salary he or she would have received in respect of the ordinary time he or she would have worked had they not been on jury service.

 

27.3      Where a part time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with subclause 27.2 of this clause.

 

27.4      An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

Part 7

 

TERMINATION OF EMPLOYMENT AND REDUNDANCY

 

28.  Termination of Employment

 

28.1      Period of Notice

 

28.1.1               Except for casuals, employment shall be terminated by giving the employee or the employer the required period of notice, or by the payment or forfeiture as the case may be, of salary for the period of required notice.

 

28.1.2               For the purposes of paragraph 28.1.1 of this subclause, the required period of notice is:

 

Employees period of continuous service	Period of Notice
Not more than 1 year	At least 1 week
More than 1 year but not more than 3 years	At least 2 weeks
More than 3 years but not more than 5 years	At least 3 weeks
More than 5 years	At least 4 weeks

 

28.1.3               For the purposes of paragraph 28.1.2 of this subclause, the period of notice is increased by one (1) week if the employee has completed at least two (2) years continuous service and is over 45 years of age.

 

28.2      An employee will not be entitled to the notice prescribed in subclause 28.1 in the case of misconduct and in such a case the employee shall only be entitled to payment up until the time of dismissal.

 

29.  Reorganisation/Consultation

 

29.1      Introduction of Change

 

29.1.1               Employer’s duty to notify

 

(i)         Where an employer 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 employer shall notify the employees who may be affected by the proposed changes and the Union.

 

(ii)        "Significant effects" - major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provision for alteration of any of the matters referred to in this clause, an alteration shall be deemed not to have significant effect.

 

29.1.2               Employer’s duty to discuss change

 

(i)         The employer shall discuss with the employees affected and the union to which they belong, among other things, the introduction of the changes referred to in paragraph 29.1.1 the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(ii)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subparagraph 29.1.2 (i).

 

(iii)       For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that the employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

Part 8

 

ANTI-DISCRIMINATION AND GRIEVANCE/DISPUTE RESOLUTION

 

30.  Anti-Discrimination

 

30.1      It is the intention of the parties bound by this award to seek to achieve the object of 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.

 

30.2      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.

 

30.3      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 or unlawful discrimination or harassment.

 

30.4      Nothing in this clause shall be taken to affect:

 

30.4.1               Any conduct or act that is specifically exempted from anti discrimination legislation;

 

30.4.2               Offering or providing junior rates of pay to persons under 21 years of age;

 

30.4.3               Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti Discrimination Act 1977;

 

30.4.4               A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

30.5      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.

 

31.  Dispute/Grievance Procedure

 

31.1      Grievance Procedure - individual employee

 

31.1.1               An employee who has a grievance must notify Hunter Water Australia, in writing if requested, as to the substance of the grievance, request a meeting with Hunter Water Australia for bilateral discussions and state the remedy sought.

 

31.1.2               In the first instance, the employee must raise a grievance with the employee's immediate supervisor and if the matter is not settled at that level the grievance must be further discussed and resolution attempted at increasingly higher levels in Hunter Water Australia.

 

31.1.3               Reasonable time will be allowed for discussion at each level of authority.

 

31.1.4               At the conclusion of the discussion, if the matter has not been resolved, Hunter Water Australia shall provide a response to the employee’s grievance including reasons for not implementing the employee's proposed remedy.

 

31.1.5               While this procedure is being followed, normal work must continue.

 

31.1.6               The employer may be represented by an industrial organisation of employers and the employees may be represented by the Union for the purpose of each procedure.

 

31.2      Dispute Procedures

 

31.2.1               If a question, dispute or difficulty arises between a group of employees and Hunter Water Australia, the matter must first be raised with the immediate supervisor of the employees concerned in the dispute and if the matter is not resolved at that level, the matter shall continue to be discussed between the employees and the next level of management in an endeavour to resolve the matter.

 

31.2.2               Hunter Water Australia may require the issues in dispute be advised in writing before discussion takes place on the matter.

 

31.2.3               A reasonable period of time shall be allowed for discussion to take place in an attempt to resolve the dispute.

 

31.2.4               Whilst this procedure is being followed, normal work must continue.

 

31.2.5               The employer may be represented by an industrial organisation of employers and the employees may be represented by the Union for the purpose of each procedure.

 

31.3      Subject to the Industrial Relations Act 1996, in the event that a dispute cannot be settled by the above procedures, the Commission may be notified of an industrial dispute for the purpose of resolving the dispute.

 

Part 9

 

STREAMS/CLASSIFICATIONS (REFER TO CLAUSE 8)

 

32.  Technical Officers Stream

 

32.1      This stream applies to:

 

(i)         persons employed primarily as draughtsmen or draughtswomen and who are occupied for the substantial part of the time as draughtsmen or draughtswomen;

 

(ii)        persons employed as technical assistants of engineering production; and

 

(iii)       persons employed as laboratory technical officers/assistants or sampling officers, other than professional scientists.

 

(iv)       This classification does not apply to student engineers.

 

32.2      Technical Officer Level 1

 

32.2.1               A Technical Officer Level 1 is an employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.

 

32.2.2               An employee at this level performs routine duties and to the level of his/her skills, competence and training:

 

(i)         performs general labouring and cleaning duties;

 

(ii)        works in accordance with standard operating procedures and established criteria;

 

(iii)       works under direct supervision either individually or in a team environment;

 

(iv)      understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

 

(v)       understands and utilises basic statistical process control procedures;

 

(vi)      follows safe work practices and can report workplace hazards;

 

(vii)     is undertaking structured training so as to enable them to work at Level 2.

 

32.3      Technical Officer Level 2

 

32.3.1               A Technical Officer Level 2 is an employee who has completed a Certificate I qualification or equivalent so as to enable the employee to perform work within the scope of this level.

 

32.3.2               An employee at this level performs work above and beyond skills of an employee at Level 1 and to the level of his/her skills, competence and training:

 

(i)         Is responsible for the quality of his/her own work subject to routine supervision.

 

(ii)        Works under routine supervision either individually or in a team environment.

 

(iii)       Exercises discretion within his/her level of skills and training.

 

(iv)      Assists in the provision of on the job training.

 

32.4      Technical Officer Level 3

 

32.4.1               A Technical Officer Level 3 is an employee who has completed a Certificate II or equivalent so as to enable the employee to perform work within the scope of this level.

 

32.4.2               An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of his/her skills, competence and training:

 

(i)         works from complex instructions and procedures;

 

(ii)        assists in the provision of on the job training;

 

(iii)       co-ordinates work in a team environment or works individually under general supervision;

 

(iv)      is responsible for assuring the quality of his/her own work.

 

32.5      Technical Officer Level 4

 

32.5.1               A Technical Officer Level 4 is an employee who holds a trade certificate/tradespersons rights certificate/Certificate III or equivalent.

 

32.5.2               An employee at this level is able to exercise the skills and knowledge of the trade/qualification so as to enable the employee to perform work within the scope of this level.

 

32.5.3               An employee at this level performs work above and beyond the skills of an employee at Level 3 and to the level of his/her skills, competence and training:

 

(i)         understands and applies quality control techniques;

 

(ii)        exercises good interpersonal and communication skills;

 

(iii)       exercises keyboard skills at a level higher than Level 3;

 

(iv)      exercises discretion within the scope of this classification level;

 

(v)       performs work under limited supervision either individually or in a team environment;

 

(vi)      operates lifting equipment incidental to his/her work;

 

(vii)     performs non trade/qualification tasks incidental to his/her work;

 

(viii)    performs work which while primarily involving the skills of the employee's trade/qualification is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

 

(ix)       able to inspect products and/or materials for conformity with established operational standards.

 

32.6      Technical Officer Level 5

 

32.6.1               A Technical Officer Level 5 is an employee who holds a trade/technical qualification of Level 4 or equivalent and who has completed the following training requirements:

 

(i)         three appropriate modules in addition to the training requirements of level 4; or

 

(ii)        three appropriate modules towards a National Diploma; or

 

(iii)       three appropriate modules towards an Advanced Diploma or equivalent.

 

32.6.2               A Draughtsman/Technical Officer Level 5 works above and beyond a tradesperson/technician at Level 4 and to the level of his/her skills, competence and training, performs work within the scope of this level:

 

(i)         Exercises discretion within the scope of this classification.

 

(ii)        Works under limited supervision either individually or in a team environment.

 

(iii)       Understands and implements quality control techniques.

 

(iv)      Provides trade guidance and assistance as part of a work team.

 

(v)       Operates lifting equipment incidental to his/her work.

 

(vi)      Performs non-trade/qualification tasks incidental to his/her work.

 

 

 

32.7      Technical Officer Level 6

 

32.7.1               A Technical Officer Level 6 is an employee who holds a trade certificate/qualification of Level 5, or equivalent, who has completed the following training requirements:

 

(i)         six appropriate modules in addition to the training requirements of Level 5; or

 

(ii)        six appropriate modules towards a National Diploma; or

 

(iii)       six appropriate modules towards an Advanced Diploma;

 

(iv)      a Higher Engineering Tradesperson apprenticeship, or equivalent.

 

32.7.2               A Technical Officer Level 6 works above and beyond a tradesperson/technician at Level 5 and to the level of his/her skills, competence and training performs work within the scope of this level:

 

(i)         Provides trade guidance and assistance as part of a work team.

 

(ii)        Assists in the provision of training in conjunction with supervisors and trainers.

 

(iii)       Understands and implements quality control techniques.

 

(iv)      Works under limited supervision either individually or in a team environment.

 

(v)       Operates lifting equipment incidental to his/her work.

 

(vi)      Performs non-trade/qualification tasks incidental to his/her work.

 

32.8      Technical Officer Level 7

 

32.8.1               A Technical Officer Level 7 is an employee who holds a trade certificate/qualification of Level 6 or equivalent and who has completed the following training requirements:

 

(i)         three appropriate modules in addition to the requirements of Level 6; or

 

(ii)        nine appropriate modules towards an Advanced Certificate; or

 

(iii)       nine appropriate modules towards an Associate Diploma; or

 

(iv)      an AQTF Level 4 National Certificate, or equivalent.

 

32.8.2               A Technical Officer Level 7 works above and beyond a tradesperson/technician at Level 6 and to the level of his/her skills, competence and training performs work within the scope of this level:

 

(i)         Is able to provide trade/technical guidance and assistance as part of a work team.

 

(ii)        Provides training in conjunction with supervisors and trainers.

 

(iii)       Understands and implements quality control techniques.

 

(iv)      Works under limited supervision either individually or in a team environment.

 

(v)       Prepares reports of a technical nature on specific tasks or assignments.

 

(vi)      Operates lifting equipment incidental to his/her work.

 

(vii)     Performs non-trade/technical tasks incidental to his/her work.

 

NB: the AQF 4 National Certificate referred to in this definition is not directly comparable with existing post-trade qualifications and the possession of such qualifications does not itself justify classification of a tradesperson to this level.

 

32.9      Technical Officer Level 8

 

32.9.1               A Technical Officer Level 8 is an employee who holds a trade certificate/qualification of Level 7 or equivalent and who has completed the following training requirements:

 

(i)         twelve appropriate modules of a National Diploma; or

 

(ii)        twelve appropriate modules of an Advanced Diploma; or equivalent.

 

32.9.2               A Technical Officer Level 8 works above and beyond a tradesperson/technician at Level 7 and to the level of his/her skills, competence and training performs work within the scope of this level:

 

(i)         Undertakes quality control and work organisation at a level higher than level 7.

 

(ii)        Provides trade/technical guidance and assistance as part of a work team.

 

(iii)       Assists in the provision of training for employees in conjunction with supervisors/trainers.

 

(iv)      Works under limited supervision either individually or in a team environment.

 

(v)       Prepares reports of a technical nature on specific tasks or assignments.

 

(vi)      Exercises broad discretion within the scope of this level.

 

(vii)     Operates lifting equipment incidental to his/her work.

 

(viii)    Performs non-trade/technical tasks incidental to his/her work.

 

32.10    Technical Officer Level 9

 

32.10.1             A Technical Officer Level 9 is an employee who holds a trade certificate/qualification of Level 8 or equivalent and who has completed the following training requirements:

 

(i)         a National Diploma; or

 

(ii)        15 modules or 2nd year part time of an Advanced Diploma; or equivalent.

 

32.10.2             A Technical Officer Level 9 works above and beyond a tradesperson/technician at Level 8 and to the level of his/her skills, competence and training, performs work within the scope of this level:

 

(i)         Provides technical guidance or assistance within the scope of this level.

 

(ii)        Prepares reports of a technical nature on tasks or assignments within the employee's skills and competence.

 

(iii)       Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson/technician is required to carry out his/her task.

 

(iv)      Assists in the provision of on-the-job training in conjunction with supervisors and trainers.

 

(v)       Operates lifting equipment incidental to his/her work.

 

(vi)      Performs non-trade/technical tasks incidental to his/her work.

 

32.11    Technical Officer Level 10

 

32.11.1             A Technical Officer Level 10 is an employee who works above and beyond a technician at Level 9 and has successfully completed third year part time (or 22 modules) of an Advanced Diploma or equivalent and is engaged in:

 

(i)         making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance of equipment facilities or products, including computer software, quality processes, Occupational Health and Safety and/or standards and plant and material security processes and similar work; or

 

(ii)        planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work study, industrial engineering and/or materials handling process.

 

32.12    Technical Officer Level 11

 

32.12.1             A Technical Officer Level 11 is an employee who works above and beyond a Technical Officer Level 10 and has successfully completed an advanced diploma or the equivalent level of accredited training.

 

32.12.2             An employee at Level 11 is engaged in performing draughting or planning or technical duties which require the exercise of judgement and skill in excess of that required by a Technical Officer at Level 10.

 

32.13    Technical Officer Level 12

 

32.13.1             A Technical Officer Level 12 works above and beyond an employee at Level 11 and who has successfully completed fifteen modules of accredited training in addition to an advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer:

 

(i)         performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgement;

 

(ii)        looks after and is responsible for projects and coordinating such projects with other areas of the organisation as required by the operation of the organisation;

 

(iii)       is responsible for the coordination of general and specialist employees engaged in projects requiring complex and specialised knowledge;

 

(iv)      plans and implements those programs necessary to achieve the objectives of a particular project;

 

(v)       in the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the company's operation;

 

(vi)      operates within broad statements of objectives without requiring detailed instructions; or

 

Performs work at the above level of skill in a particular technical field.

 

Has as the overriding feature of his/her employment the ability to perform creative, original work of a highly complex and sophisticated nature.

 

Provides specialised technical guidance to other employees performing work within the same technical field.

 

32.14    "Or equivalent"

 

32.14.1             Where it appears in these classification definitions, the phrase "or equivalent" means:

 

(i)         any training by a registered provider (eg. TAFE), or by a State Recognition Authority which has been recognised as equivalent to an accredited course which the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERSITAB) recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or 

 

(ii)        where competencies meet the requirements set out in the MERSITAB competency standards in accordance with the National Metal and Engineering Competency Standards Implementation Guide.

 

32.15    "Work within the scope of this level"

 

32.15.1             Where it appears in these classification definitions, the phrase "work within the scope of this level" means:

 

(i)         for an employee who does not hold a qualification listed as a minimum training requirement, the employee shall apply skills within the enterprise selected in accordance with the Implementation Guide. Competencies selected must be MERSITAB competency standards.

 

33.  Clerical / Administrative Stream

 

33.1      An employee shall be graded in the grade where the principal function of his/her employment, as determined by the employer, is of a clerical nature and is described in the following subclauses.

 

33.2      Clerical/Administrative Level 1

 

33.2.1               A Level 1 position is described as follows:

 

The employee may work under direct supervision with regular checking of progress.

 

An employee at this grade applies knowledge and skills to a limited range of tasks.  The choice of actions required is clear.

 

Usually, work will be performed within established routines, methods and procedures that are predictable and that may require the exercise of limited discretion.

 

33.2.2               Indicative tasks of a Level 1 position are:

 

(i)         Information Handling

 

Receive and distribute incoming mail

 

Receive and dispatch outgoing mail

 

Collate and dispatch documents for bulk mailing

 

File and retrieve documents

(ii)        Communication

 

Receive and relay oral and written messages

 

Complete simple forms

 

(iii)       Enterprise

 

Identify key functions and personnel

 

Apply office procedures

 

(iv)      Technology

 

Operate office equipment appropriate to the tasks to be completed

 

Open computer file, retrieve and copy data

 

Close files

 

(v)       Organisational

 

Plan and organise a personal daily work routine

 

(vi)      Team

 

Complete allocated tasks

 

(vii)     Business Financial

 

Record petty cash transactions

 

Prepare banking documents

 

Prepare business source documents

 

33.3      Clerical/Administrative Level 2

 

33.3.1               A Level 2 position is described as follows:

 

The employee may work under routine supervision with intermittent checking.

 

An employee at this grade applies knowledge and skills to a range of tasks.  The choice of actions required is usually clear, with limited complexity in the choice.

 

Work will be performed within established routines, methods and procedures that involve the exercise of some discretion and minor decision making.

 

33.3.2               Indicative tasks of a Level 2 position are:

 

(i)         Information Handling

 

Update and modify existing organisational records

 

Remove inactive files

 

Copy data onto standard forms

 

(ii)        Communication

 

Respond to incoming telephone calls

 

Make telephone calls

 

Draft simple correspondence

 

(iii)       Enterprise

 

Provide information from own function area

 

Re-direct inquiries and/or take appropriate follow-up action

 

Greet visitors and attend to their needs

 

(iv)      Technology

 

Operate equipment

 

Identify and/or rectify minor faults in equipment

 

Edit and save information

 

Produce document from written text using standard format

 

Shut down equipment

 

(v)       Organisational

 

Organise own work schedule

 

Know roles and functions of other employees

 

(vi)      Team

 

Participate in identifying tasks for team

 

Complete own tasks

 

Assist others to complete tasks

 

(vii)     Business Financial

 

Reconcile invoices for payment to creditors

 

Prepare statements for debtors

 

Enter payment summaries into journals

 

Post journals to ledger

 

33.4      Clerical / Administrative Level 3

 

33.4.1               A Level 3 position is described as follows:

 

The employee may work under limited supervision with checking related to overall progress.

An employee at this grade may be responsible for the work of others and may be required to coordinate such work.

 

An employee at this grade applies knowledge with depth in some areas and a broad range of skills. Work will usually be within routines, methods and procedures where some discretion or judgement is required.

 

33.4.2               Indicative tasks of a Level 3 position are:

 

(i)         Information Handling

 

Prepare new files

 

Identify and process inactive files

 

Record documentation movements

 

(ii)        Communication

 

Respond to telephone, oral and written requests for information

 

Draft routine correspondence

 

Handle sensitive inquiries with tact and discretion

 

(iii)       Enterprise

 

Clarify specific needs of client/other employees

 

Provide information and advice

 

Follow-up on client/employee needs

 

Clarify the nature of a verbal message

 

Identify options for resolution and act accordingly

 

(iv)      Technology

 

Maintain equipment

 

Train others in the use of office equipment

 

Select appropriate media

 

Establish document structure

 

Produce documents

 

(v)       Organisational

 

Coordinate own work routine with others

 

Make and record appointments on behalf of others

 

Make travel and accommodation bookings in line with given itinerary

 

 

(vi)      Team

 

Clarify tasks to achieve group goals

 

Negotiate allocation of tasks

 

Monitor own completion of allocated tasks

 

(vii)     Business Financial

 

Reconcile accounts to balance

 

Prepare bank reconciliations

 

Document and lodge takings at bank

 

Receive and document payment/takings

 

Dispatch statements to debtors

 

Follow up and record outstanding accounts

 

Dispatch payments to creditors

 

Maintain stock control records

 

33.5      Clerical/Administrative Level 4

 

33.5.1               A Level 4 position is described as follows

 

The employee may be required to work without supervision, with general guidance on progress and outcomes sought. Responsibility for the organisation of the work of others may be involved.

 

An employee at this grade applies knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks and the range and choice of actions required will usually be complex.

 

An employee at this grade applies competencies usually applied within routines, methods and procedures where discretion and judgement is required, for both self and others.

 

33.5.2               Indicative tasks of a Level 4 position are:

 

(i)         Information Handling

 

Categorise files

 

Ensure efficient distribution of files and records

 

Maintain security of filing system

 

Train others in the operation of the filing system

 

Compile report

 

Identify information source(s) inside and outside the organisation

 

 

(ii)        Communication

 

Receive and process a request for information

 

Identify information source(s)

 

Compose report/correspondence

 

(iii)       Enterprise

 

Provide information on current service provision and resource allocation within area of responsibility

 

Identify trends in client requirements

 

(iv)      Technology

 

Maintain storage media

 

Devise and maintain filing system

 

Set printer for document requirements when various set-ups are available

 

Design document format

 

Assist and train network users

 

Shut down network equipment

 

(v)       Organisational

 

Manage diary on behalf of others

 

Assist with appointment preparation and follow up for others

 

Organise business itinerary

 

Make meeting arrangements

 

Record minutes of meeting

 

Identify credit facilities

 

Prepare content of documentation for meetings

 

(vi)      Team

 

Plan work for the team

 

Allocate tasks to members of the team

 

Provide training for team members

 

(vii)     Business Financial

 

Prepare financial reports

 

Draft financial forecasts/budgets

Undertake and document costing procedures

 

33.6      Clerical/Administrative Level 5

 

33.6.1               A Level 5 position is described as follows:

 

The employee may be supervised by professional staff and may be responsible for the planning and management of the work of others.

 

An employee at this grade applies knowledge with substantial depth in some areas and a range of skills which may be varied or highly specific. The employee may receive assistance with specific problems.

 

An employee at this grade applies knowledge and skills independently and non-routinely.  Judgement and initiative are required.

 

33.6.2               Indicative tasks of a Level 5 position are:

 

(i)         Information Handling

 

Implement new/improved system

 

Update incoming publications

 

Circulate publications

 

Identify information source(s) inside and outside the organisation

 

(ii)        Communication

 

Obtain data from external sources

 

Produce report

 

Identify need for documents and/or research

 

(iii)       Enterprise

 

Assist with the development of options for future strategies

 

Assist with planning to match future requirements with resource allocation

 

(iv)      Technology

 

Establish and maintain a small network

 

Identify document requirements

 

Determine presentation and format of document and produce it

 

(v)       Organisational

 

Organise meetings

 

Plan and organise conference

 

 

 

(vi)      Team

 

Draft job vacancy advertisement

 

Assist in the selection of staff

 

Plan and allocate work for the team

 

Monitor team performance

 

Organise training for team

 

(vii)     Business Financial

 

Administer PAYE salary records

 

Process payment of wages and salaries

 

Prepare payroll data

 

34.  Water Treatment Plant Operators Stream

 

34.1      This stream applies to persons employed primarily as water treatment plant operators and who are occupied for the substantial part of the time as a plant operator.

 

34.2      Water Treatment Plant Operator Trainee

 

34.2.1               A Water Treatment Plant Operator Trainee is an employee who is undertaking or has undertaken up to 38 hours induction training which may include information on the enterprise, conditions of employment, training and career path opportunities, Occupational Health and Safety, equal employment opportunity and quality control/assurance.

 

34.2.2               An employee at this level performs routine duties of a manual nature and to the level of his/her training:

 

(i)         performs general labouring and cleaning duties;

 

(ii)        exercises minimal judgement;

 

(iii)       works under direct supervision or technical support either individually or in a team environment;

 

(iv)      is undertaking structured training so as to enable them to work at  Level 1.

 

34.3      Water Treatment Plant Operator Level 1

 

34.3.1               A Water Treatment Plant Operator Level 1 is an employee who has completed:

 

(i)         at least 50% of the Certificate II in Water Industry Operations (Water Treatment) through OTEN, or equivalent;

 

(ii)        at least twelve months practical water treatment plant operations experience;

 

so as to enable the employee to perform work within the scope of this level.

 

34.3.2               An employee at this level performs work above and beyond skills of an employee at Trainee level and to the level of his/her skills, competence and training:

 

(i)         is responsible for the quality of his/her own work subject to routine supervision;

 

(ii)        works under routine supervision or technical support, either individually or in a team environment;

 

(iii)       exercises discretion within his/her level of skills and training;

 

(iv)      assists in the provision of on the job training.

 

34.4      Water Treatment Plant Operator Level 2

 

34.4.1               A Water Treatment Plant Operator Level 2 is an employee who has completed:

 

(i)         the Certificate II in Water Industry Operations (Water Treatment) through OTEN, or equivalent;

 

(ii)        at least two years practical water treatment plant operations experience,

 

so as to enable the employee to perform work within the scope of this level.

 

34.4.2               an employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of his/her skills, competence and training:

 

(i)         works from complex instructions and procedures;

 

(ii)        assists in the provision of on the job training;

 

(iii)       co-ordinates work in a team environment or works individually under general supervision;

 

(iv)      is responsible for assuring the quality of his/her own work.

 

34.5      Water Treatment Plant Operator Level 3

 

34.5.1               A Water Treatment Plant Operator Level 3 is an employee who has completed:

 

(i)         the Certificate III in Water Industry Operations (Water Treatment) through OTEN, or equivalent;

 

(ii)        at least three years practical water treatment plant operation experience;

 

so as to enable the employee to perform work within the scope of this level.

 

34.5.2               An employee at this level is able to exercise the skills and knowledge of the trade/qualification so as to enable the employee to perform work within the scope of this level.

 

34.5.3               An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of his/her skills, competence and training:

 

(i)         understands and applies quality control techniques;

 

(ii)        exercises good interpersonal and communication skills;

 

(iii)       exercises computing skills at a level higher than level 2;

 

(iv)      exercises discretion within the scope of this classification level;

 

(v)       performs work under limited supervision or technical support either individually or in a team environment;

 

(vi)      performs non trade/qualification tasks incidental to his/her work;

 

(vii)     performs work which, while primarily involving the skills of the employee's trade/qualification, is incidental or peripheral to the primary task and facilitates the completion of the whole task. such incidental or peripheral work would not require additional formal technical training;

 

(viii)    provides trade/qualification guidance and assistance as part of a work team;

 

(ix)       assists in the provision of training in conjunction with supervisors and trainers.

 

34.6      "Or equivalent"

 

34.6.1               Where it appears in these classification definitions, the phrase "or equivalent" means:

 

(i)         any training by a registered provider (eg. TAFE), or by a State Recognition Authority which has been recognised as equivalent to an accredited course which the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERSITAB) recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or

 

(ii)        where competencies meet the requirements set out in the MERSITAB competency standards in accordance with the National Metal and Engineering Competency Standards Implementation Guide.

 

34.7      "Work within the scope of this level"

 

34.7.1               Where it appears in these classification definitions, the phrase "work within the scope of this level" means:

 

(i)         for an employee who does not hold a qualification listed as a minimum training requirement, the employee shall apply skills within the enterprise selected in accordance with the Implementation Guide. Competencies selected must be MERSITAB competency standards.

 

Part 10

 

SAVINGS CLAUSE

 

35.  Savings Clause

 

35.1      Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing arrangement between the employer and the employee.

 

35.2      Particularly, employees engaged on 2 March 1998 who were engaged as permanent full-time or part-time employees by the Hunter Water Corporation immediately prior to that date, are recognised as having more advantageous benefits and conditions ("Preserved Conditions"), and they shall apply to such employees. Such Preserved Conditions are recorded in Appendix A.  To the extent of any inconsistency between the Preserved Conditions and this award, the Preserved Conditions shall prevail.

 

35.3      Nothing in this clause shall be taken to prevent the employer and the employee from agreeing to vary any benefits and conditions ‘saved’ by virtue of this clause, provided that:

 

35.3.1               any such variation shall not result in the employee receiving a benefit or condition that is less advantageous than a benefit or condition prescribed by this award; and

 

35.3.2               any such variation shall be recorded in writing and shall be signed by the employee and an authorised representative of the employer.

 

35.3.3               any variations to Preserved Conditions agreed between the employee and the employer prior to the coming into force of this award shall continue in force provided such a variation is in accordance with paragraph 35.3.1 of this subclause. Such variation shall remain in force unless and until further variation by agreement in accordance with this subclause.

 

Part 10

 

MISCELLANEOUS CLAUSES

 

36.  Award to be Posted

 

36.1      Section 361 of the Industrial Relations Act 1996 requires that an employer of employees whose conditions of employment are affected by this award must cause a copy of this award to be exhibited in a conspicuous place.

 

37.  Union Representatives

 

37.1      The employer shall recognize any employee who is an elected delegate in accordance with the Australian Services Union of New South Wales Rules and Constitution, representing a group of employees where he/she is employed and shall allow such an employee the necessary time to interview the employer’s representatives during working hours in the case of a claim, issue or dispute affecting the group of employees.

 

38.  Right of Entry

 

38.1      An authorized industrial officer may enter the work premises in accordance with Part 7 of Chapter 5 of the Industrial Relations Act 1996.

 

39.  Health and Safety

 

39.1      Hunter Water Australia shall:

 

39.1.1               Provide a safe place of work and work practices.

 

39.1.2               Make appropriate provision of accommodation and shelter.

 

39.1.3               Supply protective clothing and equipment suitable to the nature of work and work environment.

 

In accordance with the requirements of the Occupational Health and Safety (OH&S) Act and Regulations.

 

39.2      Hunter Water Australia shall comply with the requirements of the OH&S Act in respect to:

 

39.2.1               Establishing OH&S Committees.

 

39.2.2               Training employees on OH&S Committees.

 

39.2.3               Monitoring OH&S Committees.

 

39.3      Employees must take reasonable care of the health and safety of themselves and others. Employees must co-operate with Hunter Water Australia in its efforts to comply with Occupational Health and Safety requirements.

 

39.4      Employees working alone in field locations, where there is no reasonable access to communication with other persons, shall be provided with access to appropriate communication devices.

 

40.  Training and Development

 

40.1      Employees will be provided with assistance in gaining training and development that is jointly beneficial to themselves, allowing for career enhancement and the employer’s objectives of continuous improvement which will result in the development of a more highly skilled and responsive workforce.

 

40.2      The parties agree that all employees should have the opportunity to undertake and complete relevant training as agreed in consultation with their manager and as incorporated in the individual's annual review.

 

40.3      It is recognised that training and development shall not be limited to internal and external training courses and may include exchange programs, secondments, attendance at conferences, seminars or short term study courses which have been approved by the employer and permission granted for the employee to attend.

 

40.4      Where practical, preference will be given to courses with relevant National and/or Industry accreditation.

 

PART B

 

MONETARY RATES

 

Table 1 - Salary Structure  (Refer to Clause 10)

 

 

Table 2 - Allowances  (refer to Part 5)

 

Allowance Description	Clause	Prescribed Rate17 Sep 2002
		$
Private Vehicle Usage
Specified Journey Rate	17.2	22.5 cents per km
Official Business Journey Rate	17.3	58.0 cents per km

 

Water Treatment Plant Operator
WTP Allowance 1	18.1.1	2,507.64 per annum
WTP Allowance 2	18.1.2	508.96 per annum
Dungog/Grahamstown	18.2	23.00 per return journey

 

Table 3 - Meal Allowance for Overtime (refer to clause 11)

 

Nature of Overtime	Clause	Prescribed Rate
		$
Immediately prior to normal starting time
For two (2) or more hours	15.6.1	8.00
Immediately after normal finishing time
For two (2) or more hours	15.6.2	15.00
Each additional four (4) hours	15.6.2	8.00
Recalled to work
For four (4) or more hours	15.6.3	8.00

 

Appendix A

 

Employees with Preserved Conditions

 

A.1      Preamble

 

In accordance with subclause 35.2, of clause 35, Savings Clause, employees are recognised as having Preserved Conditions. Upon engagement, those employees were provided with terms and conditions contained in a Preserved Conditions Statement. For the purposes of this award, the Preserved Conditions that apply to employees in accordance with subclause 35.2 are taken to be those contained in:

 

A.1.1   the employee’s Preserved Condition Statement; and

 

A.1.2   this Appendix.

 

A.2      Specifically the "Preserved Conditions" statement details conditions relating to:

 

A.2.1                Position

 

A.2.2                Salary

 

A.2.3                Allowances

 

A.2.4                Annual Leave

 

A.2.5                Superannuation Fund

 

A.2.6                Superannuation Oncost

 

A.2.7                Years of Service with HWC

 

A.2.8                Long Service Leave Transferred

 

A.2.9                Rate of Long Service Leave Accrual

 

A.2.10              Annual Leave Transferred

 

A.2.11              Sick Leave

 

A.2.12              Hours of Work

 

A.2.13              Work Pattern

 

A.2.14              Increments

 

A.2.15              Special Conditions

 

A.2.16              Redundancy Package

 

A.2.17              Public Holidays

 

A.3      In addition to the conditions contained in the statement of "Preserved Conditions" for each employee, the following conditions will also be recognised as preserved conditions.

 

A.3.1   Family Leave

 

(a)        Employees, other than a casual employee, will have an entitlement to family leave of five (5) days per annum.

 

(b)       Family leave may be used for:

 

Personal Carers’ Leave

 

Special Leave

 

(c)        The annual five (5) days Family Leave entitlement is not cumulative and is capped as follows:

 

(1)        Personal Carers’ Leave - up to five (5) days per annum (with any residual balance from the five (5) days being available for Special Leave).

 

(2)        Special Leave - an employee may be granted special leave by the General Manager in the case of pressing necessity without deduction from ordinary pay for period or periods not exceeding 2.5 days per annum.

 

Leave will be granted only in extraordinary or emergency circumstances where employees are forced to absent themselves from duty because of urgent pressing necessity and such leave as is granted will be limited to the time necessary to cover the immediate emergency.  Any absence occasioned by personal exigencies, which might fairly be regarded as an obligation on the employee, rather than the employer, to make good, will be charged against the ordinary leave credits of the employee.

 

(d)       Personal Carers’ Leave may only be used for illness of a family/ household member where the illness is such as to require care by another person. A family/household member is a person who is:

 

(1)        a spouse of the employee; or

 

(2)        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

 

(3)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(4)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

(e)        In the case of Personal Carers’ Leave, Hunter Water Australia may require an employee to produce a Medical Certificate stating that the illness is such as to require the care by another person.

 

(f)        Only one person can take Carers’ Leave for an ill person (eg only mother or father take time off to care for a sick child, not both parents).

 

A.3.2   Parental Leave

 

(Maternity, Paternity and Adoption Leave)

 

(a)        For the purposes of Maternity Leave, entitlements will include nine (9) weeks paid Maternity Leave which will be available to full time female employees who have completed 40 weeks continuous service. This may be taken as either nine (9) weeks at full pay or 18 weeks at half pay.

 

Part-time employees will have a pro-rate entitlement.

 

(b)       For the purposes of Adoption Leave, Parental Leave entitlements will include paid leave which will be available to full-time employees who have completed forty (40) weeks continuous service:

 

(1)        If the child is aged 1-5:

 

three (3) weeks at their ordinary rate of pay; or

 

six (6) weeks at half their ordinary rate of pay,

 

commencing from the date of placement of the child.

 

For the purposes of this paragraph "ordinary rate of pay" will mean the amount paid for the standard working hours.

 

(2)        Where the employee is the primary care giver and the child is under twelve (12) months old:

 

nine (9) weeks at their ordinary rate of pay; or

 

eighteen (18) weeks at half their ordinary rate of pay,

 

commencing from the date of placement of the child.

 

(3)        For part-time employees, paid leave detailed in subparagraphs (1) and (2) of paragraph (b) above will be at a pro rata rate.

 

A.3.3   Paid Lunch Break for  "Seven-day Shift Workers"

 

Thirty (30) minutes shall be allowed to 38-hour week shift workers each shift for a meal which shall be counted as time worked subject to the employee being immediately available at the work location according to the exigencies of the work.

 

A.4      Technical Officer progression from Special Grade to "A" Grade Criteria:

 

1.          There will be no automatic progression beyond Special Grade.

 

2.          The employee must serve a period of not less than two (2) years on Special Grade.

 

3.          There must be duties and responsibilities meriting elevation to "A" Grade.

 

4.          The employee must have the personal ability and competence to carry out increased duties and responsibilities.

 

 

 

P. J. STAUNTON J.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.