Hunter Water Corporation Employees (State) Award 1999

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1703 of 2008)

 

 

REVIEWED AWARD

 

CORE/GENERAL CONDITIONS

 

1.  Arrangement

 

GENERAL SECTION - APPLICABLE TO BOTH WAGES AND SALARIED EMPLOYEES

 

Clause No. Subject Matter

 

G1. Anti-Discrimination

G2. Definitions

G3. Contract of Employment

G4. Casual & Part-time Employment

G5. Re-Organisation

G6. Hours of Work

G7. Shift Work

G8. Rest Periods after Overtime

G9. Overtime

G10. Sunday and Holiday Rates

G11. Special Rates

Diving Allowance

Travelling, Accommodation and Meal

Sauna, Bathing Allowance

Private Vehicle Usage Allowance

Hot Places

Lodging Allowance

G12. Union Officials and Representatives

G13. Dispute/Grievance Procedures

G14. Leave

Annual

Parental

Bereavement

Sick Leave

Long Service

Family including Personal Carers’ Leave

Aborigines National Day

G15. Annual Leave Loading

G16. Wage/Salary Packaging

G17. Uniforms/Clothing

G18. Health and Safety of Employees

G19. Policy Matters

G20. Savings

G21. Area Incidence and Duration

G22. Leave Reserved

WAGES SECTION - APPLICABLE TO WAGES EMPLOYEES ONLY

 

W1. Wages

W2. Relief

W3. Meal Allowances

W4. Special Rates

Wet Work

Dirty Work

Handling Chemicals

Height Allowance

Confined Space

Towing Allowance

First-Aid

Applying Obnoxious Substances

Scaffolding and Rigging

Wastewater Treatment Allowance

Fire Fighting Allowance

Working in Sewers or Sewer Wells

Disability Allowance Wastewater Operations

Wastewater Operations Allowance

Stand-by

Surveillance Allowance

W5. District  Allowances

W6. Follow-the-Job/Depot Allowances

W7. Service Payments

 

SALARIED SECTION - APPLICABLE TO SALARY EMPLOYEES ONLY

 

S1. Salaries

PART A

(i) Structure A

(ii) New Positions

 

PART B

Structure B

 

PART C

General

 

S2. Relief

S3. Vacant Positions

S4. Meal Allowances

S5. Special Rates

First Aid Allowance

Floor Wardens

Out of Pocket Expenses

Overseers

Travelling Time and Expenses

Availability Allowance

S6. Temporary Employees

S7. Training and Development

 

ANNEXURE A

 

Part (i) Wages Rates

Part (ii) Additional Classifications

Part (iii) Part A - Salary Structure A Rates

Part B - Salary Structure B Rates

Special Provisions for S1 Part B

Part (iv) Definitions

Part (v) Incremental Progression

 

GENERAL SECTION - ALL EMPLOYEES

 

G1.  Anti-Discrimination

 

(1)      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)      Under the Anti‑Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)      Nothing in this clause is to be taken to affect:

 

(a)      any conduct or act which is specifically exempted from anti‑ discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)      a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(5)      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)      Employers and employees may also be subject to Commonwealth anti‑discrimination legislation.

 

(b)      Section 56(d) of the Anti‑Discrimination Act 1977 provides:

 

"Nothing in the Act affects ...... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

G2.  Definitions

 

"Corporation" shall mean the Hunter Water Corporation.

 

"Union" shall mean the Australian Services Union NSW/ACT Services Branch - Hunter Water Division.

 

"Wages employee" shall mean an employee engaged as such and paid on a weekly basis.

 

"Salaried employee" shall mean an employee engaged as such and paid on a fortnightly basis.

 

 

 

"Craft Union" shall mean

 

Construction Forestry Mining and Energy Union

 

Automotive Food, Metals, Engineering Printing & Kindred Industries Union

 

Electrical Trades Union of Australia NSW Branch as appropriate.

 

"Divisional Manager" shall mean an employee who has been appointed as such to manage an identified strand of functions, which have been grouped together by the Corporation for administrative purposes.

 

G3.  Contract of Employment

 

(i)       The following forms of employment are available

 

Full-time Regular Employment

 

For continued ongoing full-time employment with the Corporation.

 

Regular Part-time Employment

 

For continued ongoing employment working less than the full-time hours per week for the position.

 

Temporary Full-time Employment

 

For a "fixed-term" of full-time employment of two (2) weeks or more.

 

Temporary Part-time Employment

 

For a "fixed term" of part-time employment (less than the full-time hours per week for the position) for two (2) weeks or more

 

Casual Employment

 

For short term engagements of less than two (2) weeks duration.  Minimum payment of four (4) hours pay for each start (employment terminated at the end of each shift).

 

(ii)       Period of Notice

 

(a)      Except for casuals, employment shall be terminated by giving the required period of notice on either side or by the payment or forfeiture as the case may be, of wages/salary for the period of required notice.

 

(b)      For the purposes of sub-section (a) above, the required period of notice is:-

 

(1)

 

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

 

(2)      provided that, 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.

 

(iii)           Termination of employment by the Corporation will not be harsh, unjust or unreasonable.

 

(iv)      Employees shall attend and perform such work as the Corporation shall from time to time reasonably require and except as otherwise provided by this Award, an employee shall lose pay for the actual time of any such non-attendance or non-performance.

 

(v)      For the purpose of meeting the needs of the industry the Corporation may require any employee to work reasonable overtime including work on Saturdays, Sundays and Holidays and shift work at the rates prescribed by this Award.

 

(vi)      The absence of an employee from work for a continuous period exceeding ten (10) working days without notification to the Corporation shall be prima facie evidence that the employee has abandoned employment.  Following the expiration of ten (10) working days, the Corporation shall, in writing, inform the employee that employment will be terminated from the date of the first day of absence unless the employee furnishes a reasonable explanation for such absence.  When an employee fails to respond to such notice within a further period of five (5) working days, termination of employment shall be automatic from the first day of absence.

 

(vii)     The Corporation may direct an employee to carry out such duties as are within the employee’s skill, competence and training.

 

(viii)    The Corporation shall have the right to suspend an employee for refusal of duty or misconduct on the part of the employee and to deduct payment for any day or portion of a day during which the employee is so stood down.  Provided that no employee shall be suspended before an adequate investigation of the circumstances of the alleged offence has been made, the immediate salaried supervisor in the section to which the employee is attached shall make any decision as to the suspension of the employee following consultation with the Section Head.

 

(a)      Where an employee has been suspended, he/she is entitled to lodge an appeal with the Employee Services Section and a conference will be convened immediately between the Corporation and relevant Union.

 

(b)      Should the appeal demonstrate that the employee was not guilty of the offence such employee shall receive payment from the time of suspension.

 

(c)      Nothing in this section restricts the rights of the parties to pursue the issue through the Grievance/Dispute Procedures of this Award after the above procedures have been followed.

 

This clause shall not affect the right of the Corporation to dismiss an employee without notice for refusal of duty or misconduct and in such cases the wages/salary shall be payable up to the time of dismissal only, provided that:-

 

An employee who allegedly committed one (1) of the aforementioned offences, shall be stood down without loss of pay by the Corporation and an investigation of the alleged offence carried out immediately by the Corporation before any decision as to the dismissal of an employee without notice is made; provided that where the investigation demonstrates that the employee was guilty of the offence then he/she shall not be entitled to payment for the period he/she has been stood down.

 

Where such allegations are brought against an employee, he/she is entitled to be represented by an accredited representative of the relevant Union.

 

(ix)      The Corporation shall not make any deduction from wages/salary for time lost owing to weather conditions provided that the employee:-

 

(a)      shall continue working until such time as the Supervisor on the job orders work to cease;

 

(b)      shall stand by as directed by the Supervisor on the job;

 

(c)      shall stand by  until work has been officially abandoned for the day.

 

(x)      Where a wages employee relieves in a salaried position, he/she shall come under the general conditions of employment applicable to that position.

 

G4.  Casual and Part-Time Employment

 

(i)       Casual employees (day workers)

 

(1)      A casual employee shall be paid for not less than four (4) hours work for each engagement.

 

(2)      An employee should not be required to work more than five (5) hours without a meal break, such meal break shall be of 1/2 hour duration and unpaid.  Employees shall not be required to take their meal break at their work station.

 

If employed for seven (7) hours or more on any one day, the employee will be entitled to a 10 minute paid morning and afternoon tea break.

 

(3)      The working of overtime by a casual employee will be restricted to circumstances where the employee volunteers to work such overtime and overtime payment will be calculated on the loaded base rate for casuals.

 

(4)      Casual employees shall be paid a loading of 20% in addition to their normal hourly rate.

 

The 20% loaded pay rate shall be inclusive of payment in lieu of entitlements to the provisions of:-

 

Clause G10 - Sundays and Public Holidays

 

Clause G14 - Aborigines National Day, Bereavement Leave, Long Service Leave, Parental Leave, Sick Leave, Family including Personal/Carers Leave

 

Clause G19 - All listed leave entitlements

 

(5)      For Salaried employees the normal hourly rate shall be calculated as follows:-

 

Annual Salary of Classification	X	a
b X c

 

Where:-

 

"a"  is the number of days in a fortnight, i.e. 14

 

"b"  is the number of days in the year, i.e. 365.25, and

 

"c"  is the number of hours in a fortnight

 

(6)      The offer of overtime will be made to regular and temporary employees in preference to a casual employee where it is both appropriate and practicable to do so.

 

(7)      At the completion of each engagement, a casual employee will be paid annual leave entitlements calculated at 1/12 of earnings based on the loaded base rate for casuals.

 

(8)      Casual employees will only be engaged to provide temporary assistance of less than two (2) weeks duration for each engagement and will not be employed to work fixed and regular hours for periods of two (2) weeks or more where temporary employment is available to the Corporation.

 

(9)      The relevant Unions shall be notified in writing on a quarterly basis of the numbers, classifications and sections in which casuals have been employed.

 

(10)      Prior to the engagement of a casual employee, preference will be offered to any existing employee who is available and competent to undertake the work.

 

(11)      Limitations:

 

The total number of hours worked by one or any number of casual employees employed in an identified section/department/ business unit or the like shall not exceed 25% of the total hours for the week worked by regular and/or temporary employees engaged in such work places.  This limitation will not prevent the engagement of a casual employee (being the only casual employee in the section) to work in a particular section for a period of up to two (2) weeks duration.

 

(ii)       Secure Employment

 

(a)      Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(b)      Casual Employment

 

(i)       A casual employee engaged by Hunter Water on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(ii)       Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(iii)      Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(iv)      Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(v)      Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(vi)      If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

(1) whether the employee will convert to full-time or part-time employment; and

 

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part-time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(c)      Occupational Health and Safety

 

(i)       For the purposes of this subclause, the following definitions shall apply:

 

(1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)       Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business)

 

(1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

(iii)      Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(d)      Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(e)      This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

(iii)      Part-time employees

 

(a)      A part‑time employee shall mean an employee who is employed to work set and regular hours which are less than the hours worked by regular full‑time employees employed by the Corporation.

 

(b)      The span of ordinary hours of work shall be the same as those prescribed for full‑time employees of the same classification.

 

(c)      Part‑time employees whose scheduled hours are five (5) or less per day, are not entitled to meal breaks but will be entitled to morning and afternoon teas if their scheduled hours cover the normal time of taking such teas within that section.

 

(d)      Notwithstanding any other provision of this Award, part‑time employees shall be eligible for all leave prescribed by this Award on a pro rata basis relative to the employees scheduled hours and/or days of work.

 

Public Holidays falling on a scheduled working day will be paid at ordinary time rates unless the employee is required to work, in which case the provisions of sub-clause (ii) of Clause G10 (Sundays and Public Holidays) will apply.

 

Where an employee has worked both full and part‑time, the leave entitlement shall be paid on the proportion of part‑time and full‑time service during the relevant period.

 

(e)      Overtime shall not be payable until the standard full‑time hours per day for the classification 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.

 

The working of additional hours (excluding overtime) by a part‑time employee will be restricted to exceptional circumstances and where the employee volunteers to work the additional hours (excluding overtime).

 

G5.  Re-Organisation/Consultation With  Unions

 

(i)       On any major re-structures, the Corporation shall consult with the relevant Unions and consider their representations prior to making a final decision.

 

(ii)       The procedure shall be as follows:

 

(a)      When the proposals are fully developed by the Corporation, the  relevant Unions shall be provided with details of the proposed re-structure at an information session.

(b)      Fourteen (14) calendar days from receipt of the details, the Unions shall respond setting out any matters of concern.  These issues shall be directly related to the restructure.

 

(c)      The Corporation, on receipt of the Unions response, shall arrange a meeting within fourteen (14) calendar days to confer on the issues, after considering the issues raised by the relevant Unions.

 

(d)      During the ensuring fourteen (14) calendar days the parties shall endeavour to resolve all outstanding issues.

 

(e)      After this procedure has been followed the Corporation shall proceed to implement the re-structure, incorporating any variations adopted as a result of the Unions  representations.

 

(f)      Nothing in this Award shall affect the rights of the parties at any time to notify the Industrial Registrar of the existence of a dispute pursuant to the provisions of the Industrial Relations Act 1996.

 

G6.  Hours of Work

 

(i)       35 Hour Week Employees

 

(a)      Subject to sub-clause (ii) of this clause, the ordinary hours of work shall be thirty five (35) hours per week to be worked seven (7) hours per day between the hours of 7.00 am and 5.30 pm, Monday to Friday inclusive.  However, where there is mutual agreement between the employee and the immediate supervisor, the ordinary hours of work may be worked between the hours of 7.00 am and 7.00 pm.

 

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

 

The Corporation may direct an employee to vary his or her starting and finishing times within the span of hours covered by this Agreement subject to the employee being given at least seven (7) days notice of the required change.

 

(b)      Lunch breaks for thirty-five (35) hour week employees shall be taken between the hours of 12 noon and 2.00 pm (at regular rostered periods approved by their section supervisor).  Lunch breaks of thirty (30) minutes, forty-five (45) minutes or one (1) hour must be taken.

 

No employee shall be required to work longer than five (5) hours without a lunch break (see clause G8 (vi)). 

 

(c)      All employees will be allowed a break of ten (10) minutes for morning tea to be taken in or about their places of work.

 

All employees will be allowed afternoon tea without interruption to normal duty at their places of work where possible.

 

(d)

 

(1)      The following schemes are available:  either a twenty (20) or nineteen (19) day four‑week period or a nine (9) day two‑week period.  The nineteen (19) day four‑week period involves working an additional twenty five (25) minutes each day.  This entitles an employee to one (1) day's rostered leave.

 

The nine (9) day two‑week period involves working an additional fifty five (55) minutes each day.  This entitles the employee to one (1) day's rostered leave.

 

Operation:

 

Choice of Working Hours ‑

The twenty (20) day period involves working seven (7) hours per day (four‑week period).

 

The nineteen (19) day period involves working seven (7) hours twenty five (25) minutes per day (four‑week period).

 

The nine (9) day period involves working seven (7) hours fifty five (55) minutes per day (two‑week period).

 

Employee choice between these schemes is subject at all times to the following:

 

that normal working function of the section is not adversely affected;

 

that inconvenience is not experienced by the public;

 

that the employee concerned does not have a poor record for absenteeism or punctuality.

 

The Corporation shall not change an employee's choice of scheme of working hours once elected by an employee unless the employee so agrees, other than by agreement with the Union, or, failing agreement with the Union, subject to the approval of the Industrial Commission or the Conciliation Committee for the industry.

 

(2)      Subject to the provisions of paragraph (a) of this subclause, employees must submit to their section supervisor prior to the commencement of each four (4) week cycle, nominations for rostered days off.  Subject to work requirements, the appropriate Manager will give approval to the nominated rostered days off.

 

(3)      Subject to the provisions of paragraph (a) of this subclause employees may only change the nominated rostered day off if their supervisor considers that it is warranted.  Such approval shall not be unreasonably withheld.

 

(4)      Employees may only change from that scheme already nominated (to the nineteen (19) or nine (9) day scheme), at the beginning of a four (4) week cycle.  A time slot of working hours must be selected.

 

Employees may change to the twenty (20) day scheme at any time, but will have roster day off entitlements reduced unless a four (4) week period is completed.

 

(5)      Each day that an employee fails to work the additional twenty five (25) or fifty five (55) minutes, roster day off entitlements will be affected.  Following the accumulation of nine (9) such days, leave entitlements under a nineteen (19) day month, will be reduced to half day.  In this case, employees must work for 3.5 hours on that day, either in the morning or afternoon, consistent with normal starting or finishing times.  No lunch break will be taken.

 

(6)      Employees working a nine (9) day fortnight who accumulate ten (10) such days will only be entitled to one (1) rostered day during the next four (4) week period.

 

A. Subject to subclause 2 hereof, rostered day off entitlements will not be reduced when an employee is absent on authorised leave for portion of the period covered by his/her roster cycle.  All other absences will lead to a reduction.

 

B. Rostered days off will not accrue for periods of leave without pay in excess of one (1) day.

 

C. Rostered days off will not accrue when an employee is absent on authorised leave (excluding Annual Leave) for the full period covered by his/her roster cycle.

 

(7)      Employees who resign from the Corporation will be paid any roster day entitlement that has accumulated.

 

(8)      The attendance year is divided into thirteen (13) periods of four (4) weeks and absences accumulated at the end of the thirteenth attendance period will not be carried forward into the following attendance year.

 

(ii)       38 Hour Week Employees

 

The ordinary hours of work for all full-time wages employees and the following classes of full-time salaried employees shall be thirty eight (38) hours per week worked in accordance with the following provisions for a four (4) week work cycle.

 

All designated field supervisors including:

 

Contract Co-ordinator Operations

Field Supervisor (Civil) Operations

Field Supervisor (EMM) Operations

Compliance Officer Operations

Telemetry Systems Officer Operations

Field Auditor

Fleet Services Co-ordinator Operations

Inspector

Foreman

 

Day Workers and Shift Workers

 

(a)

 

(1)      Fixed and Regular Standard Roster Day Off

 

The ordinary working hours shall be worked as a nineteen (19) day four (4) week cycle of eight (8) hours each day with .4 of one hour of each day worked accruing as an entitlement to take the standard roster day off (as adopted by the Building Trades Group) in each cycle as a day off paid for as though worked.

 

The span of working hours for day workers shall be Monday to Friday inclusive between the hours of 7.00 am and 5.30 pm as directed by the Corporation.

 

(2)      Fixed and Regular Alternate Roster Days Off

 

Provided that to accommodate the service to be provided to the community, employees will, where necessary, take an agreed alternate day off so that the service is available each day Monday to Friday inclusive (Public Holidays excepted) that would be provided on an ordinary working day.

 

(3)      Employees Recalled to Work on a Scheduled Roster Day Off

 

An employee recalled to work on a roster day off without being notified prior to ceasing work on the last ordinary working day, shall be paid overtime rates for time worked as though the work had been performed on a Saturday.  Payment for the roster day off is made separate and in addition to the payment made for overtime worked.

 

(b)      Where the standard roster day off or agreed rostered day prescribed by sub-paragraph (a) (1) above falls on a Public Holiday, the next working day shall be taken in lieu of the rostered day off, provided that by agreement in special circumstances another day may be substituted in that or the next four (4) week cycle.

 

(c)      Each day of paid leave taken and any Public Holiday occurring during any cycle of four (4) weeks shall be regarded as a day worked for accrual purposes.  No other leave taken will be regarded as time worked for accrual purposes.

 

(d)      An employee who has not worked a complete nineteen (19) day four (4) week cycle shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination. 

 

(e)      Two (2) breaks per day will be allowed off for day workers other than shift workers.  The first break of twenty (20) minutes duration to be counted as time worked to be commenced at or within three (3) hours of commencing work.  The second break of thirty (30) minutes duration to be commenced at or within six (6) hours of commencing work.  These breaks shall be in substitution of morning and afternoon tea and lunch breaks.

 

(f)       No relief payment will be made to an employee whilst relieving a person who is absent on rostered leave.

 

(g)      Provided, however, that notwithstanding anything mentioned elsewhere in this clause:-

 

(1)      The starting and finishing times of employees wherever practicable shall be mutually agreed upon by the relevant Union and the Corporation.

 

(2)      Where it is necessary, the starting and finishing times for day workers may be varied between 6.00 am and 7.00 pm in cases of exigency or in other situations following prior agreement between the field supervisor and employees on the job, without liability on the part of the Corporation to pay overtime.

 

The term "exigency" shall be taken to mean:-

 

(A) where the work is dependent on the flow of tides;

 

(B) where ordinary working hours cannot be worked owing to heavy traffic;

 

(C) where the transport facilities are not convenient for working the ordinary hours.

 

(iii)      All Employees

 

(a)      Flexible Arrangements (Employee Requests)

 

In lieu of the employees scheduled roster day, the employee may take an alternate roster day off (subject at all times to section operational requirements) on any working day, within the same roster cycle.  This alternate RDO must be mutually agreed between the employee and the supervisor on the job or by agreement the employee may have the roster days banked to be taken at some future time.

 

Generally employees are expected to take scheduled roster days when they are due and employees who do not avail themselves of scheduled roster days will not accrue in excess of five (5) days.

 

(b)      Flexible Arrangements (Management Requests)

 

Where work requirements do not allow the taking of a roster day as scheduled, the employee will have the option of taking an alternate day within the same roster period as agreed between the employee and his/her supervisor, (such agreement shall not unreasonably be withheld) or having the roster day banked to be taken at some future time.

 

Management will only request an employee to defer taking a RDO in special or emergency circumstances.  Requests by Management for an employee to defer the taking of a scheduled roster day off must be in writing.

 

The Corporation will take all reasonable steps to ensure that the total roster days banked does not exceed five (5) days, however, where the bank of roster days unavoidably exceeds five (5) days, the employee will not have a limit placed on the number of days which can accrue as a result of such management requests.

 

Any roster days accumulated as a result of management requests will be taken within a time frame mutually agreed between the supervisor and the employee.

 

(c)      Sick when on RDO

 

An employee who is sick on a roster day off, to claim a substitute day off, shall where practicable notify their supervisor within four (4) hours of normal starting time on that day.

 

(d)      Make-up Time

 

Subject to Section/Business Unit convenience and approval by the relevant manager, an employee may take time off during ordinary hours and work these hours at a later time which fall during the spread of ordinary hours provided in the Award at the ordinary rate of pay

 

G7.  Shift Work

 

(i)       For the purpose of this clause -

 

"Afternoon shift" means any shift finishing after  7.00 pm  and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 7.00 am.

 

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.

 

35 hour week employees engaged on shift work shall take unpaid meal breaks of thirty (30) minutes, at regular rostered periods approved by their section supervisor.

 

Tea Breaks:  A tea break of ten (10) minutes during the periods both before and after the meal break shall be allowed to each shift worker, such break to be counted as time worked, subject to the employee being immediately available at the work location according to the exigencies of the work.

 

(ii)       Shift workers whilst on afternoon shifts shall be paid for such shift 17 ½ per cent more than their ordinary rate of pay  and whilst on night shift shall be paid for such shift 22 ½ per cent more than the ordinary rate of pay.

 

(iii)      Saturday rates for Shift Workers (including seven (7) day roster employees)

 

For an ordinary shift performed on Saturdays, Shift Workers shall be paid a minimum of time and one half.

 

Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in sub-clause (ii) of this clause.

 

(iv)      Sunday and Holiday rates for Shift Workers (including seven (7) day roster employees)

 

Ordinary shifts performed on a Sunday or Holiday shall be paid in accordance with Clause G10 - Sunday and Holiday Rates.

 

Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in sub-clause (ii) of this clause.

 

Shift workers rostered off duty on a public holiday shall be paid at single time rates for such holiday.

 

(v)      Shift Workers - Change of Shift or Roster

 

Except as provided hereunder, a Shift Worker who is required to change from one shift to another, shall where practicable, be given twenty four (24) hours’ notice of the proposed change.  Where this notice is not given by the Corporation, overtime rates shall be paid for the ordinary time so worked (plus the addition of shift allowance) until the expiration of such twenty four (24) hours.  Provided that:-

 

(a)      a Shift Worker transferred from one roster to another shall, in respect of the first day upon which he/she is required to work the new roster, which day would have been his/her day off on the old roster, be paid at the rate of double time;

 

(b)      shifts so worked shall be regarded as forming part of the employee’s ordinary week’s work.

 

(vi)      Shift Workers Transferred to Day Work

 

Except as provided hereunder, a shift worker who is transferred to day work shall, where practicable, be given twenty four (24) hours’ notice of the proposed change.  Where this notice is not given by the Corporation, overtime rates shall be paid for the ordinary time so worked until the expiration of such twenty four (24) hours from the time of notification. Provided that:

 

(a)      shifts so worked shall be regarded as forming part of the employee's ordinary week's work;

 

(b)      this provision shall not apply to work performed on Saturdays, Sundays and Holidays.

 

(vii)     Day Workers Transferred to Shift Work

 

When a day worker is called upon to temporarily transfer to shift work or relieve a roster employee, the employee shall be paid for the first one (1) and up to five (5) afternoon and/or night shifts worked at the rate of time and one half for time worked on such shifts.  Should the employee be called upon to work for more than five (5) shifts for which these penalty rates have applied, the foregoing provisions of the regular roster shall apply.  Provided that:

 

(a)      an employee shall be paid at overtime rates for any afternoon or night shift upon which the employee is employed as a shift worker under this subclause in respect of which the employee has not been given at least twenty four (24) hours notice;

 

(b)      shifts so worked shall be regarded as forming part of the employee's ordinary week's work.

 

(viii)    For the purpose of this clause, any shift, the major portion of the ordinary hours of which are worked on a Saturday, Sunday or Public Holiday, shall be deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be paid for as such.

 

(ix)      Where a shift worker fails to report for work, the shift worker from the preceding shift may be required to remain at work and shall be entitled to claim overtime payment in accordance with this Award.

 

G8.  Rest Periods After Overtime

 

An employee required to continue work for seven (7) hours or more after his/her proper ceasing time shall be entitled to a rest period of ten (10) hours before again commencing his/her next ordinary shift, and be paid for any working time lost at ordinary rates.

 

Employees recalled to work after ceasing work, who work for more than a total of four (4) hours in any 12 hour period and finish on the last occasion at a time which does not allow the employee to have a seven (7) hour rest period before their next normal starting time, will be entitled to a rest period of ten (10) consecutive hours.  Employees will be paid for any working time lost.

 

If any employee is directed to resume or continue work without having had the required rest period, the employee shall be paid at overtime rates until released from duty, and shall then be entitled to be absent until the employee has had a rest period of ten (10) consecutive hours without loss of pay for ordinary working time occurring during such absence.

 

The provisions for rest periods shall apply in the case of shift workers as if eight (8) hours were substituted for ten (10) hours when overtime is worked:

 

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

 

(b)      where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker;

 

(c)      where a shift is worked by arrangement between the employees themselves.

 

G9.  Overtime

 

(i)       Subject to Clause (i)(a) Hunter Water may require an employee to work reasonable overtime at either overtime rates or as otherwise provided in this award or registered agreements.

 

(a)      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(b)      For the purposes of clause 1.2 what is unreasonable or otherwise will be determined having regard to:

 

(1)      any risk to employee health and safety;

 

(2)      the employee’s personal circumstances including any family and carer responsibilities;

 

(3)      the needs of the workplace or enterprise;

 

(4)      the notice ( if any ) given by the employer of the overtime and by the employee of his or her intention to refuse; and

 

(5)      any other relevant matter.

 

(ii)       Overtime shall mean all time worked in excess of the ordinary hours prescribed by this Award.

 

Subject to Clause G10 (Sundays and Public Holidays) employees shall be paid all time worked in excess of or outside the ordinary working hours prescribed by this Award at the rate of time and a half for the first two (2) hours and double time thereafter with the exception that all work performed after 12 noon on Saturday shall be paid for at the rate of double time.

 

For the purpose of this clause, ordinary hours shall be taken as being inclusive of time worked for rostered day off accrual purposes.

 

(iii)      Recalled to Work Overtime

 

Employees recalled from their residence after the usual ceasing time and before 6.00 am on the next working day shall be paid for all time worked outside normal working hours at overtime rates with a minium payment of four (4) hours, such payment to cover any subsequent call within that four (4) hours.  The time in each case will be computed from the employees home to work and return.

 

 

 

(iv)      Planned Overtime (notified prior to ceasing work on the last ordinary shift)

 

(a)      Day workers shall be paid a minimum of four (4) hours, at overtime rates for planned overtime worked on a Saturday, Sunday or Public Holiday.

 

(b)      Shift workers shall be paid a minimum of four (4) hours, at overtime rates for planned overtime worked on a roster day off in accordance with the normal shift roster.

 

(v)      Shift Workers

 

Shift workers for all time worked:-

 

(a)      in excess of the ordinary working hours prescribed by this Award; or

 

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

 

(c)      on a rostered shift off;

 

shall, subject to Clause G10 - (Sundays and Public Holidays) be paid at the rate of time and one half for the first two (2) hours and at the rate of double time thereafter.  This sub-clause shall not apply when the time worked is:-

 

(1)      for the purpose of effecting the customary rotation of shifts;  or

 

(2)      by arrangement between the employees themselves.

 

(vi)      Overtime Limitations

 

(a)      Salaried employees whose salary, or salary and allowances exceeds the salary for salary point 27 shall not be entitled to payment for overtime except in exceptional circumstances as approved by the relevant Executive Manager, with such authorised payment of overtime paid at the salary for salary point 27.

 

(b)      Entitlements to overtime payments will lapse if claims are not received within three (3) calendar months of the overtime being worked.

 

(vii)     Working through lunch breaks

 

An employee who is directed to work during the recognised meal break shall be paid overtime rates until the employee is released for a lunch break which shall be taken without loss of pay.

 

(viii)    Time off in lieu of pay for Overtime

 

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

 

(b)      Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

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

 

(d)      Where no election is made in accordance with sub-clause (a) the employee shall be paid overtime rates in accordance with the award.

 

 

 

G10.  Sundays and Public Holidays

 

(i)       Subject to the following provisions, employees shall be entitled to the following Public Holidays without loss of pay:  New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day, Queen’s Birthday, Bank Holiday (first Monday in August), Show Day (local fixture), Christmas Day, Boxing Day or any days in lieu thereof, together with all other gazetted holidays proclaimed to operate throughout the State. 

 

(ii)       All time worked on any Public Holiday shall be paid for at the rate of double time and one half until released from duty. [See Clause G9 iii(a)].

 

(iii)      All time worked on Sunday shall be paid for at the rate of double time until released from duty.

 

(iv)      Picnic Day

 

Picnic Day shall be that day approved by the Corporation to be the Picnic Day.

 

Leave of absence shall be granted to employees subject to the following conditions:-

 

(a)      Relevant Managers determine that the employee can be spared from duty that day, having first considered the requirements of service to the public, and any special or urgent work required.

 

Employees not required to work must take the approved Picnic Day.

 

(b)      Those employees required to work will be paid ordinary time and shall be allowed a day off in lieu at a later date provided that such day taken off in lieu must be taken within four (4) months or entitlement forfeited.

 

(v)      August Bank Holiday and Local Show Day

 

A day's leave of absence in lieu of August Bank Holiday and local Show Days shall be granted to each employee on an individual basis.  They shall be allowed a day off in lieu which must be taken within four (4) calendar months of the respective entitlement date, subject to the following conditions:-

 

(a)      All sections will be adequately staffed on any one day to ensure provision of services. 

 

(b)      Those employees scheduled to work on the gazetted day will be paid ordinary time except as otherwise prescribed in subclause (vii) hereof.

 

(c)      Show Day shall not be granted more than once per annum to an employee.

 

(vi)      Where an employee is absent from his/her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

(vii)     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 Sunday and Holiday Rates and the employee will not be entitled to time off in lieu.

 

(viii)    Public holidays or time in lieu are not available to employees on approved long service leave or parental leave (with or without pay).

 

(ix)      Employees participating in the Inter-City Sport Club activities as well as those desirous of attending the local Show activities shall be afforded every opportunity to take the day appropriate to those activities subject to section work requirements.

 

 

 

 

G11.  Special Rates

 

(i)       Diving Allowance

 

In recognition of the skills associated with diving work following requisite training and associated duties of pre-dive planning and the selection and care of equipment, an allowance of $1,000.00 per annum (to be reviewed annually) shall be paid to employees who:-

 

(a)      are in possession of the appropriate agency, Class 3 Certificate of Competency; and

 

(b)      are nominated on the Corporation's panel of divers to undertake underwater diving activities.

 

An allowance of $465 pa (to be reviewed annually) will apply to trainee Divers nominated on the panel.

 

This allowance shall only be maintained whilst the employee involved indicates preparedness and fitness to continue such duties.

 

The payment of this allowance does not affect the employee's right to decline diving duties provided an acceptable reason is given.  However, such payment would discontinue if and when an employee indicated that he or she no longer wished to participate in such activity.

 

An allowance of $1.46 cents per 0.3 metres of total depth will be paid to the above employees when diving at a depth in excess of fifteen (15) metres.  Such allowance to be paid once only per day as a daily allowance when incurred.

 

(ii)       Travelling, Accommodation and Meals

 

(a)      When an employee is required to travel on Corporation’s business and returns to work or home the same day, (not including journeys to and from the employee’s regular depot), actual and necessary expenses other than meal expenses shall be reimbursed.

 

(b)      When employees are required to proceed on duty from the place of work at which they are deported, on journeys from which they cannot return to that place of work or home on the day of departure, the employee shall be entitled to the following allowances which will be subject to an annual review:-

 

(1)      When required to stay overnight in a Capital City or in Canberra $245.55 per day.

 

(2)      When required to stay overnight other than in a Capital City or Canberra $151.75.

 

(3)      For the purposes of claims at the set rate under subparagraph (1) and (2) above, the allowance only applies for absences of 24 hours‘ duration and which involve an overnight stay.  Nevertheless payment of the appropriate allowance may be made where the employee satisfies the Corporation that, despite the period being of less than 24 hours’ duration, expenditure for accommodation and three meals has been incurred.  Where an employee is unable to so satisfy the Corporation or where some part day travel at the end of the trip is involved, the allowance payable for part days of travel shall be limited to the actual expenses incurred during such part day travel.

 

(4)      When expenses unavoidably exceed the allowance, the actual cost shall be paid by the Corporation subject to the approval of the relevant Manager.  Such approval shall not unreasonably be refused on production of receipts.

 

(c)      The Corporation reserves the right to have regard to the standard of accommodation used and available in the area, and for the approval of upper limits of the cost of such accommodation and meals where receipts are provided and actual expenses are claimed

 

 

(iii)      Sauna Bathing Allowance

 

A sauna bathing allowance will be paid to any employee who comes into contact with sewage to the extent that it attaches to the employee's clothing or person.  The amount of the allowance will be $8.21 per week where contact with sewage is on a regular basis, ie three (3) or more days per week, and where contact is less than three (3) days per week, the allowance will be $4.11 per week.

 

(iv)      Private Vehicle Usage Allowance

 

An employee who, with the prior approval of their relevant Manager or immediate Supervisor uses a privately-owned motor vehicle in the course of or in connection with employment, shall be paid for such casual use in accordance with the following rates which will be reviewed annually:-

 

	<1600 cc	>1600 cc  < 2700 cc	> 2700 cc
Specified Journey Rate v	21.5 c	25.5 c	27.5 c
Official  Business Rate v	51.6 c	72.0 c	77.4 c

 

v       Specified Journey Rate

 

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

 

v       Official Business Rate

 

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

 

no official vehicle is available;

 

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

 

the use of the employee’s private motor vehicle is essential to, or necessary for the economic performance of the employee’s duties.

 

(v)      Hot Places

 

(a)      An employee working for more than one (1) hour in the shade in places where the temperature is raised by artificial means to between 46 - 54o C shall be entitled to 61 cents per hour extra.

 

(b)      An employee working for more than one (1) hour in the shade in places where the temperature is raised by artificial means to more than 54o C shall be entitled to 71 cents per hour extra provided that where work continues for more than two (2) hours in temperatures exceeding 54o C employees shall be entitled to twenty (20) minutes rest after each two (2) hours work without deduction from pay.

 

(c)      Employees working in tanks, reservoirs and pipes where weather conditions raise the temperature shall be treated as though the temperature had been raised by artificial means.

 

(vi)      Lodging Allowance - Chichester Dam

 

Where the Corporation requires an employee to lodge at the Corporation’s quarters provided at Chichester Dam the following payments will apply:-

 

(a)      Where meals and lodging are provided, any necessary out-of-pocket expenses shall be paid.

 

(b)      During any period when meals are not provided, an additional allowance of $133.75 per five (5) day week or $26.75 per day or part thereof, shall be paid.

 

G12.  Union Officials  and Representatives

 

(i)       A Union Official is an employee elected as a Union Official in accordance with Part viii Clause 55 of the Rules and Constitution of the Australian Services Union (NSW/ACT Services Branch) and shall upon notification by the Union to the Corporation in writing, be recognised as an accredited representative of the Union.

 

All employees who are Accredited representatives are first and foremost employees of the Corporation and shall, subject to the clause, conduct themselves accordingly.

 

A Union Official shall be allowed all reasonable time during working hours to attend to Union affairs without loss of pay, provided that:

 

(a)      The Union Official concerned first advised and obtains permission from their immediate supervisor to absent him/herself from duty, and

 

(b)      A Union Official will not be permitted paid absence for the following activities:

 

(1)      attendance to matters involving internal union activities

 

(2)      conferences, tribunal appearances and absences related to disputes or grievances or claims by the union.

 

(3)      conferences, tribunal appearances and absences related to award applications or claims.

 

Provided that where a Union Official attends a conference with management during working hours at management’s request he/she shall be paid.

 

(ii)       Union and Craft Union Delegates

 

The Corporation shall give recognition to any employee who is the delegate representing a group of employees where he/she is employed and shall be allowed the necessary time to interview the Corporation’s representatives during working hours in case of a claim, issue or dispute affecting the group of employees.

 

G13.  Dispute/Grievance Procedures

 

(i)       Grievance Procedure - Individual Employee

 

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

 

(b)      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 the Corporation with final resolution being attempted between the Employee Services Representative, the Manager concerned and the employee.

 

(c)      Reasonable time will be allowed for discussion at each level of authority.

 

(d)      At the conclusion of the discussion, if the matter has not been resolved, the Corporation shall provide a response to the employee’s grievance including reasons for not implementing the employee’s proposed remedy.

 

(e)      While this procedure is being followed normal work must continue.

 

(f)       The employee may be represented by an accredited representative of the Union or Craft Union as appropriate.

(g)      The procedure for resolving a dispute will be impartial, fair and non-discriminatory in accordance with anti-discrimination law.

 

(ii)       Dispute Procedure - Group of Employees

 

(a)      If a question, dispute or difficulty arises between a group of employees and the Corporation 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.

 

(b)      The Corporation may require the issues in dispute be advised in writing before discussion takes place on the matter.

 

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

 

(d)      If the matter is not resolved between representatives of the Corporation and the employees the matter may be notified to the Industrial Relations Commission for resolution in accordance with the Act.

 

(e)      Whilst this procedure is being followed, normal work must continue.

 

(f)       The employee may be represented by an accredited representative of the Union or Craft Union as appropriate.

 

(g)      The procedure for resolving a dispute will be impartial, fair and non-discriminatory in accordance with anti-discrimination law.

 

G14.  Leave

 

(i)       Annual Leave

 

(a)      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.

 

(b)

 

(1)      Subject to paragraphs (2) and (3) hereof, annual leave entitlements accrued up to 30 June each year shall be taken in the ensuing financial year.

 

(2)      In special circumstances the relevant Divisional 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.

 

(3)      If the relevant Divisional 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.

 

(c)

 

(1)      Annual leave for Salaried employees shall be taken at the salary the employee was receiving immediately prior to the taking of the leave except where the employee takes such leave immediately following a period of relief in a higher classification.

 

In these circumstances the employee shall be paid at the salary the employee would have received if the employee were carrying out normal duties.

(2)      A Salaried employee who takes Annual Leave during a period of relief (i.e. where a continuous period of relief is interrupted by the taking of Annual Leave) shall be paid for such leave at the relieving rate.

 

(3)      The rate of pay for a Wages employee entering on annual leave shall be  the employees "ordinary rate of pay" (see subclause (iv) of Clause W1 Wages).

 

(d)      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.

 

(e)      In addition to the benefits of four (4) weeks Annual Leave, an employee who, during the year of employment with the Corporation was a seven (7) day shift worker shall be entitled to the additional leave as below specified:-

 

(1)      If during the year of employment the employee has served the Corporation continuously as such seven (7) day shift worker, the additional leave with respect of that year shall be one (1) week.

 

(2)      If during the year of employment the employee has served for only portion of it as such seven (7) day shift worker, the additional leave shall be one half day for every eighteen (18) ordinary shifts worked as a seven (7) day shift worker.

 

(f)       An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(ii)       Parental Leave (maternity, paternity and adoption leave)

 

In addition to the Parental Leave provisions detailed in Part 4 of the Industrial Relations Act 1996, the following conditions will apply:

 

(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 clause "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 (1) and (2) above will be at  a pro rata rate.

 

(c)      The twelve (12) month Maternity/Adoption Leave entitlement may be taken as follows:-

 

(i)       full-time, for up to a maximum of twelve (12) months, from the child’s date of birth/placement of the child, or

 

(ii)       part-time, up to a maximum of two (2) years, from the child’s date of birth/ placement of the child, or

 

(iii)      a combination of full-time and part-time leave, provided that no more than twelve (12) months’ Maternity/Adoption Leave on a full-time basis is taken and that the balance taken part-time will conclude before the child’s second birthday/second anniversary of the child being placed.

 

(d)      Right to request

 

(a)      An employee entitled to parental leave may request the employer to allow the employee:

 

(1) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(2) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(3) to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)      The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)      Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under d(a)(2) and d(a)(3) must be recorded in writing.

 

(d)      Request to return to work part-time

 

Where an employee wishes to make a request under d(a)(3), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(e)      Communication during parental leave

 

(i) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(1) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(2) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(ii) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(iii) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

 

(f)       An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(i) the employee or employee's spouse is pregnant; or

 

(ii) the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(iii)           Bereavement Leave

 

(a)      An employee, other than a casual employee, shall be entitled to up to three (3) day’s bereavement leave without deduction of pay on each occasion of the death of a person prescribed in (d) below.

 

(b)      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(c)      An employee shall be entitled to a maximum of a further two (2) days’ leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside of Australia of an employee’s relative as referred to in (d), and where such employee travels outside of Australia to attend the funeral.

 

(d)      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carers’ Leave in Clause G14 (vi) (d), as well as son-in-law and daughter-in-law, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(e)      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.

 

(f)      Bereavement leave may be taken in conjunction with other leave which is available in the context of personal/carer’s leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(g)      Bereavement entitlements for casual employees

 

(1)      Subject to the evidentiary and notice requirements in (b) above casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in (d) above.

 

(2)      The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance

 

(3)      An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(iv)      Sick Leave

 

(a)      Upon completion of three (3) months' continuous service with the Corporation,  where an employee is absent from duty owing to personal ill‑health or accident which is not due to the employee's negligence, the employee shall be paid ordinary pay during such absence subject to the following:

 

(1)      An employee absent from duty by reason of such ill health or accident shall, if practicable, within four (4) hours of his/her regular starting time notify the Corporation of the reason for absence.

 

(2)      An employee absent on account of such ill health or accident, for more than three (3) days, shall forward to the Corporation a medical certificate showing the nature of the illness.  In cases of extended absence, the relevant Manager may, if thought fit, require a fresh medical certificate to be furnished each week.

 

(3)      Should the Corporation require an employee to furnish a medical certificate in respect of periods of absence of less than three (3) days, the Corporation shall advise the employee in advance and bear the actual cost to the employee of obtaining such medical certificate required, providing such certificates shall certify that the employee is unable to perform normal duties.

 

(4)      Should the Corporation become concerned as to the extent or nature of sick leave taken by an employee, the Corporation may require that employee to attend a medical practitioner nominated by the Corporation for the purpose of:

 

Satisfying itself that the employee is or was unable on account of such illness or incapacity, to attend for duty on the day or days for which payment under this clause is claimed.

 

Satisfying itself that the Corporations duty of care to employees in respect to Occupational Health and Safety is appropriately exercised.

 

(5)      The Sick Leave entitlement of a part-time employee shall be pro rata.  Any employee varying from full-time to part-time (or vice versa) shall have their entitlement adjusted on a pro-rata basis; and

 

(b)      Such employee shall be entitled to payment for non‑attendance on the grounds of accident or ill‑health up to ten (10) days in each year of service (equal to two (2) ordinary working weeks); provided that should any such employee be entitled to receive compensation for such accident or ill‑health under any Act relating to compensation for workers, sick leave shall not apply,  and

 

(c)      Sick leave shall accumulate from year to year so that such entitlements or any part thereof, if not granted, shall be available to the employee in a subsequent year upon the same conditions without diminution of the entitlements for that year, and

 

(d)      Service prior to the commencement of this Award shall count as service for all purposes of this clause,  and

 

(e)      At the expiration of all sick leave entitlements, an employee may be granted such periods of sick leave without pay as the Corporation may determine, and

 

(f)       At the date of commencement of this Award each Salaried employee will be credited with a bank of sick leave calculated at 10 days per annum for the past five (5) years of service.

 

Provided that any employee who has exhausted all sick leave entitlements under this clause shall be entitled to further paid sick leave to the extent (if any) that the employee would have been entitled to sick leave with pay in accordance with the provisions applicable immediately prior to the date of this Award.  This entitlement ceases to have effect three (3) years from the date of this Award.

 

(g)      If an employee has exhausted all paid sick leave entitlements, the relevant Manager, on being satisfied that further leave is necessary on account of ill health, may at his/her discretion grant additional sick leave on full pay.

 

(v)      Long Service Leave

 

(a)      Long Service Leave shall accrue to each employee in accordance with the following scale:

 

Period of Service	Leave On Full Pay		Or Leave On Half Pay
	5 Day Working Week		5 Day Working Week
	Days		Days
After 10 years of service	43	1/3	86	2/3
After 15 years of service	97	1/2	195
After 20 years of service	151	2/3	303	1/3
After 25 years of service	205	5/6	411	2/3
After 30 years of service	260		520
After 35 years of service	314	1/6	628	1/3
After 40 years of service	368	1/3	736	2/3
After 45 years of service	422	1/2	845
After 50 years of service	476	2/3	953	1/3

 

(b)      The term "days" shall include all days other than Saturdays and Sundays.

 

(c)      An employee is entitled to Long Service Leave after the completion of ten (10) years' service.

 

After completion of the first ten (10) years of an employee's service, Long Service Leave shall accrue from month to month pro rata in accordance with the above scale.

 

Where the services of an employee are terminated or cease for any reason, the Corporation shall pay to the employee, the money value of all Long Service Leave not taken at the time of the termination of the employee's services.

 

(d)      Where the services of an employee who has completed at least five (5) years' continuous service as an adult and less than ten (10) years' overall service are terminated by the Corporation for any reason except for 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, shall be entitled to be paid as Long Service Leave a proportionate amount on the basis of two (2) months' for ten (10) years (such service to include service with the Corporation as an adult and otherwise than as an adult).

 

(e)      For the purpose of this paragraph "service as an adult" shall be the period of service with the Corporation which the employee has from the age of 18 years or over.

 

(f)       An employee who terminates their service on account of illness, incapacity or domestic or other pressing necessity must include in the notification of resignation the reason for leaving the Corporation. 

 

(g)      The cash value of Long Service Leave payable to a Wages employee shall be at the ordinary rate of pay (see Clause W1 (iv)) and for a Salaried employee shall be calculated at the salary the employee was receiving immediately prior to termination.

 

(h)      For the purpose of computing the amount of Long Service Leave accrued to an employee under this clause, subject to the employee's consent, periods of Leave Without Pay for three (3) months or more under this Award shall not be deemed to be included in the period of service.

 

(i)       The length of employment of an employee for the purpose of this clause shall be determined in respect of service as from the date of first employment by the Corporation unless there has been a break in the continuity of service, in which case the length of time not employed shall be deducted.

 

(j)      Cash payment for Long Service Leave on termination under the above provisions shall be in extinction of all such leave.

 

(vi)      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 Managing Director in the case of pressing necessity without deduction from ordinary pay for period or periods not exceeding 2 1/2 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 bonafide 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 bonafide 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, the Corporation 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).

 

(g)      An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(h)      Personal Carers Entitlement for casual employees

 

(1)      Subject to the evidentiary and notice requirements in (e) above casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in (d) above who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(2)      The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(3)      An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

Further facilitative arrangements available for use in association with Personal Carers’ Leave.

 

(i)      Unpaid Leave for Family Purposes - An employee may elect, with the consent of the Corporation to take unpaid leave for the purpose of providing care to a family member, as defined in (d) above, who is ill.

 

(j)      Annual Leave .  See Clause G14 (i) Annual Leave (f).

 

(k)      Time off in Lieu of Payment for Overtime.  See Clause G9 (vii) - Time off in lieu of pay for overtime.

 

(l)      Make-up time.  See Clause G6 Hours of Work (iii) (d) Make-up time.

 

(m)      Rostered Days Off.  See Clause G6 Hours of Work (iii) (a) Flexible Arrangements (Employee Requests).

 

(vii)     Aborigines National Day

 

Aboriginal employees may apply to the Corporation to be granted one (1) day’s Special Leave per annum to participate in National Aboriginal Day celebrations and such leave shall not be unreasonably withheld.

 

 

 

G15.  Annual Leave Loading

 

(i)           Employees, other than seven (7) day continuous shift workers, shall be granted an annual leave loading, equivalent to 17 ½% of four (4) weeks’ ordinary salary/wages (for this purpose ‘ordinary salary/wages’ does not include any regular payment made on an annual or weekly basis as compensation for shift work performed).

 

(ii)       The full entitlement to the loading on annual leave that the employee has accrued over the previous leave year is to be paid to him/her on the first occasion on which he/she takes sufficient annual leave to permit him/her to be absent from duty for at least two (2) consecutive weeks after 1 December in any year.  The loading will apply only to leave accrued in the year ending on the preceding 30 November. 

 

(iii)      In the event of no such absence occurring by 30 November of the following year, the employee (being still employed) is to be paid the monetary value of the annual leave loading payable on leave accrued as at 30 November of the previous leave year, notwithstanding that he/she has not entered on leave.

 

(iv)      Shift Workers.  Unless determined otherwise, shift workers proceeding on annual leave are to be paid in respect of leave taken in any period of 12 months commencing 1 December, shift premiums and penalty rates (or other allowance paid on a regular basis in lieu thereof) they would have received had they been on duty, or the 17 ½% annual leave loading as prescribed, whichever is the more favourable.  Payment of shift premiums and penalty rates shall not be made for public holidays which occur during such period of annual leave, nor to compensatory leave which has been added to a period of annual leave in respect of public holidays worked, or public holidays which fall on a seven (7) day shift worker’s rostered day off during a period of leave. In the case of seven (7) day continuous shift workers, the 17 ½% annual leave loading is to be calculated on the basis of 17 ½% of five (5) weeks’ ordinary wages/salary.

 

(v)      There shall be a leave year ending 30 November in every year.

 

(vi)      Upon retirement, resignation, or termination by the employer for any reason other than misconduct, an employee who has not taken annual leave qualifying him/her for payment of an annual leave loading since the preceding 1 December, shall be paid the loading which would have been payable had such leave been taken.  The annual leave loading is not payable when an employee is granted recreation leave to his/her credit, or the monetary value thereof on resignation or dismissal for misconduct.

 

(vii)     Broken service during a year does not attract the annual leave loading,  eg if an employee resigns and is subsequently re-employed during the same year, only the service from the date of re-employment attracts the annual leave loading, subject to the foregoing conditions.

 

(viii)    Rate of Payment.  The annual leaving loading is to be calculated on the wage/salary rate paid for leave when taken, ie new rates granted by Award, Agreement, National Wage Case Decisions, increments, etc during the period of leave are to be taken into account unless otherwise prescribed by this Award and, if necessary, retrospective adjustment of the loading is to be made.  Where payment is made as at 30 November, because no period of two (2) weeks’ leave has been taken during the year, the payment is to be calculated at the rate which would have been paid had the leave been taken at 30 November.

 

(ix)      Provided adequate notice is given, the annual leave loading will be paid prior to entry on leave, normally at the same time as the advance on wages/salary.

 

G.  16 Wages/Salary Packaging

 

(i)       Where the Corporation agrees, an employee may elect to receive their wage/salary entitlements in a remuneration package for all ordinary time as follows:

 

(a)      The benefit of:

 

a motor vehicle

 

any other benefit mutually agreed, and

(b)      An amount of wages/salary equal to the difference between the employee’s total package and the amount specified by the Corporation from time to time for the benefit received by the employee in respect to (a) above.

 

(ii)       The Corporation will ensure that the structure of any agreed package complies with taxation and other relevant laws.

 

(iii)      The agreement, the terms and conditions of which shall be in writing and signed by both the Corporation and the employee, shall detail the components of the total remuneration package.  A copy of the agreement shall be made available to the employee and where authorised by the employee a copy shall be made available to the relevant union.

 

(iv)      The configuration of the remuneration package shall remain in force for a period agreed between the employee and the Corporation.

 

(v)      Except for the provisions related to private use of motor vehicles prescribed by sub-clause (vi) below, the Corporation will advise the employee in writing of the value of other benefits before the agreement is entered into.

 

(vi)      Where, at the annual reconciliation the full amount allocated to a specific benefit has not been utilised, it will be paid as wages/salary which will be subject to usual taxation requirements.

 

(vii)     Motor Vehicle

 

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 the Corporation or the employee will be determined.

 

(viii)           Superannuation

 

(a)      Notwithstanding the wages/salaries prescribed by this Award an employee may elect, subject to the agreement of the Corporation to sacrifice a portion of the wage/salary payable under this Award to additional employer superannuation contributions.   Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed must not exceed thirty (30) percent of the wage/salary payable under this Award or thirty (30) percent of the currently applicable superannuable wage/salary, whichever is the lesser.  In this clause, "superannuable wage/salary" means the employee’s wage/salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(b)      Where the employee has elected to sacrifice a portion of that payable wage/salary to additional employer superannuation contributions:

 

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

 

(B)      any allowance, penalty rate, payment for unused leave entitlements, weekly workers’  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 Award, Act or statute which is expressed to be determined by reference to an employees wage/salary, shall be calculated by reference to the wage/salary which would have applied to the employee under this Award in the absence of any wage/salary sacrifice to superannuation made under this Award.

 

(c)      The employee may elect to have the portion of payable wage/salary which is sacrificed to additional employer superannuation contributions:

 

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

 

(B)      subject to the Corporation’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(d)      Where an employee elects to wage/salary sacrifice in terms of sub-clause (c) above, the employer will pay the sacrificed amount into the relevant superannuation fund.

 

(e)      Where the employee is a member of a superannuation scheme established under:

 

(A)     the Superannuation Act 1916;

 

(B)      the State Authorities Superannuation Act 1987;

 

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

 

(D)     the First State Superannuation Act 1992,

 

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

 

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

 

G17.  Uniforms/Clothing

 

(i)       Where the Corporation requires an employee to wear clothes of a particular design, the Corporation shall provide an adequate supply of them.

 

(ii)       Damaged Clothing Compensation - An employee on providing satisfactory evidence to their relevant Business Unit Manager will receive compensation to the extent of the damage sustained to any of the private apparel being worn while in the course of carrying out their duties.

 

G18.  Health and Safety of Employees

 

(i)       The Corporation shall,

 

provide a safe place of work and work practices

 

make appropriate provision for accommodation and shelter

 

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.

 

(ii)       The Corporation shall comply with the requirements of the OH&S Act in respect to:

 

establishing OH&S Committees

 

training of employees on OH&S Committees

 

monitoring OH&S Committees

 

(iii)      The Corporation and employees shall co-operate positively in respect to obligations pursuant to the OH&S Act, Regulations and corporation standards of practice as amended from time to time.

 

(iv)      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.

 

(v)      It is a condition of employment that employees must use and wear such safety equipment as is issued by the Corporation.

 

G19.  Policy Matters

 

The following leave and allowance entitlements are included in the Corporation’s Policy Manual:

 

Leave

 

Blood Donor Leave

 

Fire Fighting Leave

 

Jury Service

 

Military leave

 

Naturalisation Ceremony Leave

 

Study Leave

 

TUTA Leave

 

War caused disability leave

 

Leave without pay

 

Allowances

 

Driving Licence Allowances

 

Telephone Allowances

 

The Corporation will not vary the policy in respect to any of the above entitlements, existing immediately prior to the date of this Award, without the consent of the relevant Unions.

 

G20.  Savings

 

Notwithstanding anything to the contrary contained in this Award, the Corporation shall not alter to the detriment, any conditions enjoyed by an employee covered by this Award at the date of this award without the consent of the relevant Union.

 

G.  21 Area, Incidence and Duration

 

This Award shall apply to the Hunter Water Corporation and employees of the said Corporation (excluding those covered by the terms of the Professional Engineers' Federal Awards and Agreements) who are employed within the wages classifications listed in Annexure A and all Salaried employees whose salary does not exceed the salary applicable to salary point 40.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Hunter Water Corporation Employees (State) Award 1999 published 29 April 2005 (350 I.G. 673), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 1 September 2009.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

This Award rescinds and replaces:

 

HDWB  Salaried Employees Award 1987

 

The Hunter Water Corporation Salaried Employees’ Special Conditions Agreement

 

The Hunter Water Corporation Telemetry Systems Officers Salaries and Promotions (State) Award

 

The Hunter Water Corporation (Operations Field Supervisors) Agreement 1995

 

The Hunter Water Corporation Employees Enterprise Agreement 1996

 

and the following Industrial Agreements filed under the provisions of the NSW Industrial Arbitration Act 1940

 

Agreement No 7162 filed on 22 March 1984

 

Agreement No 7311 filed on 23 November 1984

 

Agreement No 7825 filed on 29 September 1987

 

Agreement No 7958 filed on 27 April 1988

 

Agreement No 8020 filed on 6 July 1988

 

Agreement No 8021 filed on 6 July 1988

 

Agreement No 8170 filed on 30 March 1989

 

Agreement No 8258 filed on 6 September 1989

 

Agreement No 8308 filed on 21 February 1990

 

Agreement No 8446 filed on 15 October 1990

 

Agreement No 8643 filed on 5 December 1991

 

22.  Leave Reserved

 

Leave is also reserved in respect to a "job security" clause.

 

WAGES SECTION - WAGES EMPLOYEES

 

W1.  Wages

 

(i)       Full-time employees shall be paid the wages prescribed for their classification in the Scale set out in Schedule A (i) Wage Rates and (ii) Additional Classifications attached, on a weekly basis.

 

Payment will be made direct to a bank account or other financial institution, provided that in isolated areas payment may be by cheque to a given address.

 

(ii)       All employees shall be required to submit and sign their own time sheets which will be the claim for wages.

 

(iii)      All wages shall be paid weekly and the Corporation shall have the right to hold one (1) week’s pay in hand.

 

(iv)      Where it is necessary to determine an employee’s "ordinary rate of pay", it shall be determined on the basis of the majority rate paid (the classification with the most hours paid) to the employee for the previous twelve (12) month period.

 

Provided that where an employee has been appointed to a higher classification or has worked for a period of three (3) months continuously at a higher classification at the time the determination of the employee’s ordinary rate of pay is to be made, such employee’s ordinary rate of pay shall be the higher rate

 

W2.  Relief

 

Any employee being required to perform the work of a higher grade shall be paid, whilst so employed, the wages attaching to such higher grade.  Should, however, such work on a higher grade continue for more than two (2) hours, the higher rate shall be paid for the full day.

 

Provided that no allowance is payable for relief occasioned by an employee being on rostered leave arising from the 38 hour week, 19 day month.

 

W3.  Meal Allowances

 

(i)       An employee who works overtime for more than one (1) hour beyond the proper ceasing time, or two (2) or more hours immediately preceding the normal commencing time, shall were practicable be provided with a suitable meal or paid $8.80 as a meal allowance.  If overtime continues he/she shall be entitled to an additional allowance for each further four (4) hours he/she is required for duty and reasonable meal breaks of twenty minutes allowed without deduction of pay provided however, that the first meal break shall not be taken until two (2) hours’ overtime is worked after normal ceasing time.

 

(ii)       Should however, overtime proceed for more than one (1) hour after the normal ceasing time but does not extend for more than two (2) hours the employee shall not be allowed to take a meal break until ceasing work, when a twenty minutes paid meal break is to be added to his/her finishing time.

 

(iii)      An employee who commences work two (2) or more hours immediately preceding his/her normal commencing time shall be allowed a reasonable meal break of twenty minutes after four (4) hours work provided that if such meal break is due to be commenced at or after normal starting time, the meal break of twenty minutes shall be taken in lieu of the first twenty minute break specified in Clause G6 - (ii)(e).

 

(iv)      Meal Time on Overtime, Saturdays, Sundays and Holidays

 

An employee notified prior to ceasing work on his/her last ordinary shift who works overtime on Saturdays, Sundays or Holidays shall be allowed a meal time of twenty (20) minutes without deduction of pay after each four (4) hours of overtime worked if the employee continued work after such meal time.

 

(v)      Provision of Meal (Recalled Employee)

 

An employee who is recalled from his/her place of residence without being notified prior to the end of his/her last normal working shift shall be entitled to:-

 

(a)      a meal allowance of $8.80 for each completed four (4) hours;

 

(b)      a meal break of twenty (20) minutes without deduction of pay for each completed four (4) hours.

 

(vi)      The allowance specified in this clause for meals will be reviewed annually.

 

W4.  Special Rates

 

(i)       Wet Work

 

(a)      Any employee working under conditions which are exceptionally wet from any cause, shall be paid $2.66 extra for the first hour or part thereof and 65 cents extra per hour or part thereof for each further hour.  Such payment shall be paid from the first occurrence of the penalty until the employee ceases work for the day.

 

(b)      Any employee working in a place where water other than rain is continually dropping from overhead so that the clothing of the employee becomes appreciably wet, or where there is water underfoot so that the feet of the employee become damp shall be paid $1.98 per day extra.

 

(c)      When an employee is working under conditions of an exceptionally wet and dirty nature, he/she shall be paid $7.36 per day extra.

 

(ii)       Dirty Work

 

(a)      Employees cleaning or tarring pipes, handling wet tarred pipes or doing work of a dirty nature in excess of conditions which could be normally expected for the classification that the employee is paid, including work in connection with transformers or hydraulic oil or creosote shall be paid $1.98 per day extra.

 

(b)      Employees will be paid an extra dirty work allowance of $7.36 per day extra when coming into contact with sewage matter.

 

(c)      Employees, when engaged in dirty work in connection with the overhaul of machinery, shall be paid $2.25 per day extra.

 

(d)      Employees working under conditions which are of an exceptionally dirty nature shall be paid $7.36 per day extra.

 

(iii)      Handling Chemicals

 

(a)      Employees loading, unloading, stacking or carrying cement, lime or alum in bags or handling empty cement, lime or alum bags, or working on the maintenance of alum or lime machines, shall be paid 59 cents per hour over ordinary rates up to four (4) hours.  If the time exceeds four (4) hours, the employee shall be entitled to $3.82 per day extra.

 

(b)      Employees handling lime, alum or other powdered chemicals at water treatment works shall be paid $2.57 per shift extra.

 

(c)      Employees spreading bleaching powder shall be paid 65 cents per hour extra.

 

(d)      Employees on maintenance of chlorine or fluoride chemical dosing machines or when handling caustic soda or acids shall be paid $1.23 cents per hour.

 

(iv)      Height Allowance

 

An employee working on any structure at a height of more than 6.0 metres shall be paid $4.29 per day in addition to his/her ordinary rate.

 

Provided that no such payment shall be made where either an adequate fixed support not less than 0.75 metres wide or a fixed scaffold fitted with a handrail is provided.  This sub‑clause shall not apply to riggers.

(v)      Confined Spaces

 

An employee working in a confined space shall be paid 75 cents per hour extra.  For the purpose of this sub‑clause, confined space means a compartment or a place, the dimensions of which necessitate an employee working in a stooped or other cramped position or without proper ventilation.

 

(vi)      Towing Allowance

 

(a)      A towing allowance of $4.57 per day shall be paid to drivers of vehicles when they tow registered plant or caravans.

 

(b)      The above allowances are not payable for towing on a job site unless the towing vehicle is specially sent to the site to carry out the towing.

 

(vii)     First Aid Allowance

 

An employee carrying out first aid duties shall be paid an allowance of $1.25 cents per day in addition to his/her ordinary rate of pay.

 

(viii)    Applying Obnoxious Substances

 

(a)      An employee engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid 75 cents per hour extra.

 

(b)      For the purpose of this sub‑clause all materials which include or require the addition of a catalyst hardener and reactive additives or two (2) pack catalyst system shall be deemed to be materials of a like nature.

 

(ix)           Scaffolding and Rigging Allowance

 

A tradesperson who at the direction of the Corporation obtains a Scaffolding or Rigging Certificate issued by the appropriate authority and is on duties where scaffolding could be required, shall be paid an allowance of $5.50 per week.

 

(x)           Wastewater Treatment Works Allowance

 

Employees other than Classified Wastewater Treatment Works Maintenance personnel working within the confines of an operational Wastewater Treatment Works shall be paid 36 cents per hour extra whilst so engaged.

 

(xi)      Fire Fighting Allowance

 

An employee engaged in fire fighting including routine burning off on behalf of the Corporation shall be paid an allowance of 53 cents per hour whilst so engaged, in addition to his/her ordinary rate.

 

(xii)     Working in Sewers or Sewer Wells

 

Employees working in a sewer pipe not over 1.07 metres in height that is in use, or in a sewer well that is in use or has not been cleared out, or at the bottom of a sewer shaft that is more than 6.10 metres deep shall be paid whilst so employed at the marginal difference between the hourly rate for the work he/she performs and that of a labourer general, the marginal difference to be calculated on a 34 1/5 hour week basis.

 

(xiii)    Disability Allowance ‑ Wastewater Operations /Wastewater Treatment

 

A special disability allowance of $8.21 per day shall be paid to all employees working in Wastewater Operations/Wastewater Treatment.  The payment of this allowance will preclude the payment of penalties for dirty conditions associated with the work or confined space.  The allowance will be paid for all purposes of the agreement except Overtime and Sunday and Holiday Rates in which case it shall be paid as a flat rate of 90 cents (on an hourly basis) and not subject to penalty addition.

 

(xiv)           Wastewater Operations Allowance

 

In addition to the allowance prescribed by sub‑clause (xiii),  an allowance of $5.89 per day shall be paid to all employees working in Wastewater Operations.  This allowance shall cover all excessively dirty conditions associated with the work and require all employees to carry out the duties of appointment as directed.

 

The allowance will be paid for all purposes of the agreement except Overtime,  Sunday and Holiday Rates and stand-by.

 

(xv)     Standing-by in Connection with the Water Supply System or Sewerage System

 

(a)      An employee rostered to stand-by at his/her home shall be paid a daily standing-by allowance equivalent to two (2) hours’ pay at single rates at his/her ordinary classification rate for each week-day night, Monday to Friday (excluding Public Holidays) he/she actually stands by.

 

(b)      An employee rostered to stand-by at his/her home on a Saturday, Sunday or Public Holiday shall be paid a daily standing-by allowance equivalent to eight (8) hours’ pay at single rates at his/her ordinary classification rate for each day, Saturday, Sunday or Public Holiday he/she actually stands-by.

 

(c)      Provided that where an employee is required to stand-by on a Saturday, Sunday or Public Holiday at quarters away from his/her normal place of residence, he/she shall be paid a daily standing-by allowance equivalent to eight (8) hours’ pay at time and one half rates at his/her ordinary classification rate for each day, Saturday, Sunday or Public Holiday he/she actually stands-by.

 

(d)      Any overtime worked during the period covered by the above standing-by allowances shall be paid for in accordance with the provisions of Clause G9 - (Overtime) Clause G10 -  (Sunday and Holiday Rates) and W3 Meal Allowances of this agreement, and shall be I-n addition to any standing-by allowance.

 

(xvi)           Surveillance Allowance

 

(a)      Any employee rostered to be available in connection with the alarm system at Chichester Dam shall be paid a daily surveillance allowance equivalent to two (2) hours' pay at single rates at his/her ordinary classification rate for each night, Monday to Sunday inclusive, he/she is actually available.

 

(b)      Any overtime worked during the period covered by the surveillance allowance shall be paid in accordance with the provisions of Clause G9 ‑ (Overtime), Clause G10 ‑ (Sundays and Holiday Rates) and W3 - (Meal Allowances) and shall be paid in addition to any surveillance allowance.

 

(xvii)   Special Rates not Cumulative

 

When more than one (1) of the disabilities set out in this clause exists on the same job, the Corporation shall be bound to pay only one (1) rate, namely the highest for the disabilities so prevailing, but where the disabilities are separate and distinctive they shall be cumulative.

 

(xviii)  Special Rates not Subject to Penalty Additions

 

The special rates prescribed in this clause shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

 

(a)      Notification shall be given to the employee concerned of any claim for a special rate prescribed in this clause that is disallowed by a supervisor.

(b)      In the case of disagreement between the supervisor and the employee over any special rate prescribed in this clause, the employee or a job delegate on his/her behalf may within twenty four (24) hours, refer the claim through the grievance handling procedures of this Award.

 

In such case, a decision shall be given on the employee’s claim within two (2) normal working days of it being asked for or else the allowance shall be paid.

 

W5.  District Allowances

 

Until agreement is reached with the relevant Unions on alternative arrangements, the district allowances provisions applicable immediately prior to the date of this Award will continue to apply

 

i.e. District Allowance Wastewater  (DAW) $3.30 per hour

District allowance Other Duties (DAO) $2.14 per hour

District Allowance Leave (DAL) $2.70 per hour

 

W6.  Follow-the-Job-/Depot Allowance

 

(i)       Follow- the-job

 

(a)      A follow‑the‑job allowance of $20.61 per day will be paid to all employees required to follow the job and will be paid for each day of attendance at work except employees recalled for emergency call‑outs.

 

(b)      This allowance will not be paid for days absent due to paid leave including Public Holidays, Annual Leave, Sick Leave or Long Service Leave.

 

(c)      An employee:

 

(1)      normally receiving this allowance but who is appointed to a depoted position will cease to receive such allowance immediately on taking up the appointment;

 

(2)      normally receiving this allowance but who elects to take up a depoted position will continue to receive the follow‑the‑job allowance for a period of two (2) months;

 

(3)      normally receiving this allowance and who is directed to transfer to a depoted position will continue to receive the follow‑the‑job allowance.

 

Follow‑the‑job employees who work planned overtime on a Saturday, Sunday or Public Holiday as specified in Clause G10 ‑ Holidays hereof, will be paid $20.61 per day for each day of attendance at work.

 

(d)      Employees other than employees depoted in the Port Stephens area who reside south or west of the Hunter River from Newcastle to Raymond Terrace, or west of the Williams River, who are required to report direct to a work site and travel past the Soldiers Point turn off on the main Nelson Bay road to work sites on the southern side of Port Stephens or to work sites at Karuah and who are eligible for the above Travelling Allowance, shall be paid an additional allowance of $10.30 per day being reimbursement of fares and/or travelling time.

 

(e)      Follow-the-job allowances are not applicable in circumstances where the employee is given access to a Corporation vehicle for transportation to and from the job site.

 

(ii)       Depot Allowance

 

An allowance of $9.45 per day will be paid to each employee required to report for work at a depot away from his/her home except for those employees in receipt of Follow‑the‑Job Allowance.  This allowance will be paid for all Public Holidays, Annual Leave, Long Service Leave and paid Sick Leave, but will not be paid in respect of lump sum payments on resignation, retirement or death of an employee.

Depot employees who work overtime on a Saturday, Sunday or Public Holiday will be paid the Depot Allowance of $7.01 per day for each day of attendance at work.

 

An appointed depoted employee who transfers by application to another depoted appointment will continue to receive the depot allowance from the date of appointment (if applicable).

 

An appointed depot employee who is "directed" to transfer to another depot will receive Follow-the-Job allowance for a maximum period of two (2) months from the date of transfer.

 

W7.  Service Payments

 

(i)       Employees who have completed twelve (12) months or more continuous service with the Corporation shall be entitled to the following service payments:‑

 

After1 years' service            at the rate of $ 2.50 per week

After2 years' service            at the rate of $3.80 per week

After 3 years' service           at the rate of $5.50 per week

After 6 years'           service     at the rate of $7.30 per week

After 10 years' service at the rate of $10.40 per week

 

(ii)       Such payment shall be included in the calculating of Annual, Sick and Long Service Leave, and other absences for which the employee is entitled to be paid his/her ordinary wage provided such payment shall not be subject to any premiums or penalty additions.

 

For the purpose of this clause, Continuous Service shall be deemed not to have been broken by:

 

(a)      any absence from work on leave granted by the Corporation; or

 

(b)      any absence from work by reason of personal illness, injury or other reasonable cause.

 

(iii)      Service increments are not payable to -

 

(a)      Mechanical Trades MT1, MT2 and MT3,  or

 

(b)      Mechanical Trades Assistants ME1 and ME2, or

 

(c)      Electrical Trades Grades 1 to 5.

 

SALARIED SECTION - SALARIED EMPLOYEES

 

S1.  Salaries

 

PART A

 

(i)       SALARY CLASSIFICATION STRUCTURE A

 

(a)      The Salary Classification Structure consists of 40 salary points as shown in Annexure A (iii) Salaries - Part A.

 

(b)      All positions in the salary structure have been assessed and allocated to a salary point on the structure. 

 

(c)      All employees who commence employment with Hunter Water Corporation after the commencement of this award will be employed in accordance with salary classification Structure A.

 

(d)      All employees as at the date of this award, may elect at any time to move onto salary Structure A. This election can be made only once.

 

(e)      When a person reaches 18 years of age they will be paid a minimum of Salary Point 4.

 

(ii)       NEW POSITIONS

 

(a)      The salary for new positions will be assessed either by an established job evaluation methodology, benchmarking and/or market comparison (or a combination of some or all) to determine the appropriate salary point relative to the position.  The assessed salary point will be one of the nominated salary points listed in the table of salaries in Annexure A (iii) Salaries - Part A.

 

(b)      At the conclusion of the assessment, the Corporation will forward to the Union the position profile and salary point assessed for the new position.

 

(c)      The Union will be afforded five working days from written advice by the Corporation to raise in writing reasons for objection or issue, after which the Corporation may proceed.

 

(d)      If the Union advises the Corporation of its disagreement to a Job Evaluation, a Committee will be established to review the job evaluation.  The Committee will comprise equal Corporation and Union representation.

 

(e)      If the process in (d) above does not resolve the disagreement, either party may notify the Industrial Relations Commission of NSW and the matter will be dealt with in accordance with the Industrial Relations Act.

 

PART B

 

(i)       SALARY CLASSIFICATION STRUCTURE B

 

(a)      Those employees not electing to voluntarily move onto salary classification Structure A will remain on their existing salary and/or existing salary structure as shown in Annexure A (iii) Salaries - Part B.

 

(b)      Employees who elect to remain on their existing salary and/or existing salary structure will maintain their existing salary and incremental entitlements, in accordance with that salary structure, as shown in Annexure A (v).

 

(c)      Employees may only move from the existing salary and/or existing salary Structure B to the salary Structure A prescribed in Part A (i) in accordance with the election detailed in Part A (i) (d).

 

PART C

 

(i)       Full-time employees shall be paid the Annual Salaries prescribed for their classification specified in Structure A or Structure B attached, on a fortnightly basis.

 

The fortnightly equivalent of annual salary shall be ascertained by multiplying the annual salary by the number of days in the period (being 14) and dividing that product by 365.25.

 

The weekly equivalent of annual salary shall be determined by dividing the fortnightly equivalent by two (2).

 

For the purpose of computing the daily rate, the following formula should apply:-

 

Weekly Equivalent of Annual Salary	x	Ordinary Daily Hours
		Ordinary Weekly Hours

 

(ii)       Payment of Salaries:-

 

(a)      The pay period shall be fortnightly from Friday to the appropriate following Thursday.

Payment will be made direct to a bank account or other financial institution provided that in isolated areas payment may be by cheque to a given address.

 

(b)      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.

 

(c)      Payments for overtime may be made in the pay period following the period in which the overtime was worked.

 

S2.  Relief

 

(a)      Relief at higher duties will be available to staff on either salary Structure A or B.

 

An employee directed to relieve at a higher grade, shall be paid, provided the relief continues beyond three (3) days.

 

(b)      Relief in a position on Structure A  will be at the salary point rate of the position or at the employees salary, whichever is the higher.

 

Relief in a position on Structure B will be paid at the 1st year of the salary range attaching to the higher grade or at the employees salary, whichever is the higher.  This provision shall apply to positions being relieved up to and including the level of Administrative Supervisor Grade 3.

 

S3.  Vacant Positions

 

The Corporation will advise the Union in writing of a vacant position when the Corporation takes the decision to fill the position.  The Union will be afforded three working days from advice by the Corporation to raise in writing reasons for objection or issue prior to the position being filled.

 

All positions that are advertised externally will be advertised internally.

 

The Union will be provided with copies of advertisements and duty statements prior to publication.

 

S4.  Meal Allowances

 

(i)       38 Hour Per Week Employees

 

(a)      Day Workers

 

(1)      An employee who works overtime for more than one (1) hour beyond the usual ceasing time shall be provided with a suitable meal, where practicable, or paid $20.55 as a meal allowance.

 

If overtime continues, the employee shall be entitled to an additional allowance of $8.95 for each further four (4) hours such employee is required for duty and where practicable a 20 minute meal break to be paid as time worked:

 

(A) after one (1)  hour overtime is worked, and

 

(B) for each completed four (4) hours thereafter

 

where it is not practicable for the 20 minute meal break to be taken it shall be added to the ceasing time and paid for as time worked.

 

(2)      All employees required to work overtime on a Saturday, Sunday or Public Holiday, and such work extends beyond the recognised meal break, shall have a meal break of twenty (20) minutes to be paid for as time worked (see Clause G9 (iii)( a)).

 

 

(b)      Shift Workers

 

A meal allowance of $20.55 will be paid when required to commence work at a time which is in excess of one (1) hour before normal starting time.  When required to work overtime in excess of one and one half hours after normal ceasing time, without having been notified the day prior, a meal allowance of $20.55 will be paid.  If the overtime continues, an additional allowance of $8.95 for each further five (5) hours will be paid.

 

(ii)       35 Hour Per Week Employees

 

An employee required to work or travel on the Corporation's business after the employee's ordinary hours where overtime or travelling time is payable and the time necessarily occupied is not less than three (3) hours on any day from Monday to Friday inclusive, shall be entitled to $20.55 for meal money provided that a meal break of not less than half an hour is taken.

 

(iii)      All Salaried Employees

 

(a)      An employee recalled for overtime without being notified before ceasing ordinary hours of work for the day shall be entitled to a meal allowance of $20.55 for the first completed four (4) hours and $8.95 for each subsequent completed four (4) hours such employee is required for duty.

 

(b)      A meal break of twenty (20) minutes shall be allowed without deduction of pay after each completed four (4) hours overtime worked.

 

(c)      An employee required to work or travel on Corporation's business commencing at least one (1) hour  before the employee's usual starting time, shall be paid an allowance of $20.55.

 

(d)      Indoor employees undertaking field duties outside the radius of seven (7) kilometres from their usual office or depot during their lunch period shall be entitled to an amount of $20.55 for lunch money provided that where the duties extend beyond the Corporation’s water district (excluding Dungog area) such amount shall be increased to $21.90.

 

For the purpose of this sub-clause, "indoor employee" means an employee who is regularly employed on duties which do not contemplate attendance in the field or on duties which only require attendance in the field on infrequent occasions.

 

Field duties does not include reporting to another established Depot or office within the Corporation’s area of operation.

 

(e)      Employees whose normal duties require them to work in the field will not be entitled to a luncheon allowance except when undertaking duties outside the Corporation’s water district (excluding Dungog/Chichester area) when they will be entitled to a luncheon allowance of $21.90.

 

(f)      When an employee travels to Sydney on the Corporation’s business necessitating absence for a whole working day, the employee shall be entitled to an allowance of $61.65 to cover expenses for meals.

 

(g)      The Allowances specified in this clause for meals will be reviewed annually.

 

S5.  Special Rates

 

(i)       First Aid Allowance          

 

Any employee who is the holder of a current St John's Ambulance First Aid Certificate and who is required by the Corporation to act as a first aid attendant shall be paid an allowance of $2.28 per day or shift in addition to the ordinary rate of pay.

 

 

(ii)       Floor Warden Allowance

 

(a)      Building Emergency Control Officer and Assistant Building Emergency Control Officer shall be paid an allowance of $15.37 per week.

 

(b)      District Office Emergency Control Officers shall be paid an allowance of $9.84 per week.

 

(c)      Floor Wardens and Reserve Floor Wardens will be paid an allowance of $6.14 per week.

 

(iii)      Out-of-Pocket Expenses

 

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

 

(iv)      Overseers' Allowance

 

Working Overseers at Wastewater Treatment Works will be paid special disability allowance of $8.17 per day in lieu of all other penalties (except Sauna Allowance).

 

(v)      Travelling Time and Expenses (35 hr week employees)

 

Journeys occupying one (1) day only but not including journeys to and from the employees regular depot:

 

(1)      Employees whose ordinary hours of work prescribed by this Agreement are 35 hours per week, shall be paid for travelling time on the Corporation’s business outside such hours in excess of one (1) hour in any day at ordinary time rates.

 

(2)      Employees other than those who report to a permanent depot or office who are required to travel to their place of employment shall be paid at ordinary time rates for all time in excess of four-fifths of one hour in any day, travelling time to be reckoned from their home to their place of employment and return by the shortest possible route.

 

(3)      Employees transferred against their wishes so that they report to an office or depot a distance of not less than four (4) kilometres from their pre-existing office or depot shall be reimbursed the cost of public transport fares from their home to their new place of work, provided that where convenient public transport is not available the Corporation shall either maintain a vehicle for the employee’s use or in lieu thereof pay the employee an allowance in accordance with Clause G11 - (iv).

 

Employees subject to the provisions of this sub-paragraph in receipt of a salary equal to or less than salary point 27 shall be paid at ordinary time rates for all time spent travelling in excess of one (1) hour in any one (1) day.

 

Travelling time shall be reckoned from the employee’s home to the place of work and return by the shortest practicable route.

 

The provisions of this sub-paragraph shall cease two (2) months after the effective date of any one transfer.

 

Overtime shall be paid to an employee driving a Corporation vehicle outside the Corporation’s area of operations and outside normal working hours.

 

(vi)           Availability Allowance

 

(a)      Notwithstanding the provisions of Clause G9 Overtime, of this Award, an employee directed to stand-by at home shall be paid a daily availability allowance equivalent to two (2) hours’ salary at the employee’s ordinary rate for each weekday night, Monday to Friday (excluding Public Holidays) actually standing-by.

(b)      An employee directed to stand-by at home on a Saturday, Sunday or Public Holiday shall be paid a daily availability allowance equivalent to eight (8) 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 the close of normal work on the previous day and continue until normal starting time on the next working day.

 

(c)      Any overtime worked during the period covered by the above availability allowances shall be paid for in accordance with the provisions of Clause G9 - Overtime, of this Award and shall be in addition to any availability allowance.

 

S6.  Temporary Employees

 

The Corporation shall advise the Union prior to the engagement of any temporary employee, of the preferred period of employment.

 

In the event of a dispute arising as to the proposed engagement of a temporary employee for other than the purpose of providing relief for a particular identified employee, the matter may be referred to the Industrial Commission for determination prior to such engagement.

 

S7.  Training and Development

 

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

 

(b)      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 individuals annual review.

 

(c)      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 Corporation and permission granted for the employee to attend.

 

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

 

(d)      For all base entry level, cadet, and Call/Customer Centre/Support Officer Level 1 positions on salary classification Structure A, which provide developmental opportunity for promotion to a higher level the following will apply:-

 

On appointment to this position the Manager will provide the appointee with an individual program outlining areas requiring development to progress to the next level.

 

Promotion will be made at the time of attaining the skills to perform the duties of the next level.

 

Development on and off the job, where necessary, will be ongoing with regular assessments.

 

It would be envisaged a person would be elevated to the next level within a specified period.

 

 

 

 

 

 

 

 

ANNEXURE A

 

All wage and salary rates contained in Annexure A are inclusive of State Wage Case decisions.

 

(i)       Wage Rates @ 1/6/2008

 

(a)      Classifications

 

		Wage @
		1/6/08
		3.0%
Wastewater Treatment
7	Trainee	737.64
8	Grade 1/1	759.73
9	Grade 1/2	772.20
10	Grade 2/1	784.81
11	Grade 2/2	798.81
12	Ganger 1	812.92
13	Ganger 2	843.42
14	Ganger 3	896.61

 

Mobile Equipment (weekly rate)

 

Plant Operators

 

29	Group A 1	746.80
30	Group A 2	756.42
31	Group B 1	765.45
32	Group B 2	774.90
33	Group C 1	784.37
34	Group C 2	793.84
35	Group D	846.89
36	Dual Qualified Operator	821.79

 

Motor Lorry Drivers

 

37	Up to 2 Tonnes	738.08
38	2 to 5 Tonnes	745.02
39	5 to 7 Tonnes	749.35
40	7 to 10 Tonnes	758.08
41	10 to 12 Tonnes	767.98

 

Stores

 

General Stores and Clerical Employee

 

42	Trainee	737.63
43	Grade 1	777.46
44	Grade 2	783.16

 

 

Trades Groups

 

Building Trades

 

	Bridge Carpenter	874.53
	Carpenter	874.53
	Painter	874.53
	Plasterer	874.53
49	Electrical Trades -
	Grade 1	874.53
	Grade 2	918.25
	Grade 3	961.99
	Grade 4	1,005.72
	Grade 5	1,049.43

 

Mechanical Trades

 

45	MT 1	874.53
46	MT 2	918.25
47	MT 3	961.99

 

Trades Assistants (weekly rates)

 

	Trainee	730.27
	ME 1	766.63
	ME 2	803.28
	Other than Elec/Mech Trades	730.27

 

Miscellaneous (weekly rates)

 

	Cleaner	725.47
	Cleaner Head Office	766.04
	Clerical/Operations	828.70
	Construction Worker Group 1	726.37
	Construction Worker Group 2	735.98
	Construction Worker Group 3	741.99
	Field Services Operator	757.50
	Ganger Contracts	937.94
	Ganger Stormwater Channels	852.89
	Garage Attendant	741.11
	Labourer General	722.15
	Linesperson Electrical	781.22
	Linesperson Electrical Special
	Rate	806.46
	Maintenance Employee Grade 3	793.68
	Maintenance Employee
	Stormwater Drainage	737.64
	Meter Mechanic	765.89
	Meter Mechanic Special Rate	874.38
	Motor Bus Driver	765.28
	Oiler Greaser	734.05
	Supervisor Welder	801.50
	Survey Field Hand	741.42
	Welder - Pipeline	777.92

 

Apprentice Tradesperson

 

1st Year	54%
2nd Year	64%
3rd Year	72%
4th Year	80%

 

For the purposes of this sub-clause, the prescribed rate for a tradesperson shall be the base weekly rate (excluding industry allowance and tool allowances) applicable to a Tradesperson Carpenter in the employ of the Hunter Water Corporation.

 

 

(b)      Industry Allowance

 

Employees engaged on any construction or maintenance work shall receive an allowance at the rate of $25.80 per week or $5.16 per day in addition to the ordinary rate of pay effective from 1 June 2006.  This allowance is in consideration of working in the open and thereby being subject to climatic conditions, ie dust and sand blowing in the wind, extremes of weather, concrete drippings, obnoxious odours, sloppy and muddy conditions, lack of usual amenities in the field compared with depot conditions and any other general disabilities associated with the Corporation’s conditions and any other general disabilities associated with the Corporations work not compensable by the payment of a disability allowance payable in accordance with the Award.  This allowance shall form part of the rate of pay for all purposes and is incorporated in the schedule of rates of pay as listed in this clause.  This allowance will be increased by 4% on 1 June 2007 to $26.80 and 3% on 1 June 2008 to $27.60.

 

(c)      Tool Allowance

 

A tool allowance of $26.90 per week shall be paid to all tradesperson and apprentices effective from 1 June 2006.  This allowance shall form part of the rate of pay for all purposes and in the case of tradespersons, is incorporated in the schedule of rates of pay as listed in this clause.  This allowance will be increased by 4% on 1 June 2007 to $28.00 and by 3% on 1 June 2008 to $28.80.

 

(d)      Electrical Licence Allowance

 

In addition to the rates prescribed in this clause, Licensed Electrical Tradespersons shall be paid an allowance at the rate of $28.75 per week, to be included in the rate of pay for all purposes.  The Electrical Licence Allowance will vary in accordance with movements in the Electrical Electronic and Communication Contractors Industry (State) Award,

 

(e)      Team Leader Allowance

 

Electrical and Mechanical trades personnel who are required to undertake the role of a Team Leader will be paid an all purpose allowance of $47.30 pw whilst so engaged effective from 1 June 2006.   This allowance will be increased by 4% on 1 June 2007 to $49.20 and by 3% on 1 June 2008 to $50.70.

 

(f)      Leading Hand Allowance

 

	Effective 1 June 2008
	3%
(1) Non-trade, 2 to 5 employees	$4.93 per day
(2) Trade, 2 to 5 employees	$8.20 per day

 

(g)      Gangers Major Plant Allowance

 

Where gangs include one or more major plant items as defined, a Ganger shall be paid $3.89 for each day or part thereof effective from 1 June 2008.

 

Major plant items shall mean tractors, front or back end loaders, concrete pavers or power graders, provided that such items are of 30 kW or more and any other items of earth moving, stone crushing or sand getting equipment of 30 kW or more but shall not include motor lorries.

 

(ii)       Additional Classifications

 

Wages - Per Week

 

(1)      Operations Employee Level 5 - $952.65

 

(2)      Operations Employee Level 4 - $914.05

 

(3)      Operations Employee Level 3 - $878.12

 

(4)      Operations Employee Level 2 - $833.91

 

(5)      Operations Employee Level 1 - $805.27

 

(6)      Operations Employee Trainee - $772.39

 

Salaried

 

(7) Operations Support Officers	Grade 1 - $47,048 pa
	Grade 2 - $53,387 pa
(8) Operations Field Supervisors	$95,552 pa

 

ANNEXURE A

 

(iii)      Salaries

 

PART A

 

SALARY STRUCTURE A

 

Salaries @ 1/6/2008

 

SALARY	SALARY	POSITIONS
POINT	@ 1/6/08
	3.00%
1	26,295	Entry Level Clerical Officer <18 years of age
2	28,174
3	30,051
4	31,931	Trainee Finance Officer
		Trainee Human Resources Officer
		Trainee Audit Officer
		Entry Level Clerical Officer >18 years of age
5	33,809	Trainee ICT Officer
		Cadet Engineer Level 1
6	35,687
7	37,566	Records Clerk
8	39,444	Finance Officer Level 1
		Human Resources Officer Level 1
		Audit Officer Level 1
		Contact Centre Officer Level 1
		Customer Services Officer Level 1
		Operations Administrative Officer Data Entry
		Retail Operations Officer Level 1
9	41,320	Revenue Recovery Officer
		ICT Officer Level 1
		Cadet Engineer Level 2
10	43,201	Information Systems Support Officer Level 1
11	45,079	Entry Level Technical Officer
		Cadet Engineer Level 3

 

 

12	46,956	Case Investigation Officer Level 1
		Procurement / Fleet / Accounts Payable Officer
		Property Management Officer
		Retail Operations Officer Level 2
		Contact Centre Officer Level 2
		Customer Centre Officer Level 2
		Operations Contracts Administrative Officer
		Customer Services Officer Level 2
13	48,834	Human Resources Officer Level 2
		Finance Officer Level 2
		Economist Corporate Planning
		Pricing Officer
		Systems Administrator Information Support Lvl 1
		Sewer Surcharge Strategic Operations Officer
		Administrative Assistant Contracts
		Information Resource Assistant
		Accounts Receivable/Purchasing Officer
		Information Systems Support Officer Level 2
		Management Support Officer Level 1
		Ranger
14	50,715	Supply Officer Operations
		ICT Officer Level 2
15	52,592	Control Centre Operator
		Operational Issues Officer
		Recruitment Assistant
		Test Analyst
		Administrative Support Officer (Divisional)
		Technical Officer Strategic Operations Level 1
		Contact Centre Officer Level 3
		Case Investigation Officer Level 2
16	54,470	Management Support Officer Level 2
		Asset Information Officer
		Payroll Officer
		Management Accountant Level 1
17	56,349	Retail Operations Analyst
		Team Leader Retail Operations
		Major Account Co-ordinator
		Fixed Assets Accountant
		Property Support Officer
		Contract Co-ordinator /civil Services
		Payment Assistant Scheme Co-ordinator
		Case Investigation Officer Level 3
		Procurement Analyst
18	58,229	Pollution Control Officer
		Contracts Officer, Plumbing (Operations)
		Systems Administrator Information Support Lvl 2
		Information Administrator
		Technical Officer Strategic Operations Level 2
		Field Supervisor/Ranger
		Compliance Officer Operations
		Learning & Development Co-ordinator
		Procurement Officer
		Property Co-ordinator
		Service Desk Operator
		Sponsorship & Events Communications Officer
		Education & Design Communications Officer
		Business Systems Analyst Level 1
		Management Support Officer Level 3
		Field Inspector (Contracts)
		Working Overseer
19	60,105	Financial Accountant (Corporate Reporting)
		Management Accountant Level 2
		Software Developer
		Human Resources Business Analyst
20	61,986	Contracts Administration Officer
		Supervisor Plan Services
		Maintenance Management Officer
		Technical Officer Electrical Drafting
		Engineering Officer
		Fleet Officer
		Field Auditor
		Information Systems Officer Help Desk
		Environmental Planner
		Trade Waste & Building Services Officer
		Contract Co-ordinator Mechanical Services
21	63,863	Contracts Inspector
		Information Systems Officer - Operations
		Process Improvement Officer
		Contracts/Field Supervisor Operations
		Corporate Communications Co-ordinator
		Business Systems Analyst Level 2
		Website & Communications Project Officer
		Electrical Technician
		Environmental/Trade-Waste Co-ordinator
		Technical Officer Strategic Operations Level 3
		Snr Sewermain Investigation Officer Strategic Operations
22	65,741	Manager Inventory & Operations
		Systems Administrator Accounting
		Personal Assistant to Managing Director
		Policy Development Officer - Community Relations
		Technical Officer Planning
		Human Resources Officer - Training
		Customer Systems Support Coordinator
		Contract/Water Resources Coordinator
		Corporate Planning Analyst Level 1
23	67,620	Systems Engineer/Team Leader Operations
		Manager Customer Centres
		Assistant Systems Administrator Ellipse
		Attraction & Retention Leader
		Pay & Performance Leader
		Manager Contact Centre
		Technical Officer Mechanical
24	69,498	Telemetry Systems Officer Operations
		ICT Workgroup Leader - CIS
		ICT Workgroup Leader - Ellipse
25	71,376	Business Systems Support Analyst - ICT
		Field Supervisor (EMM) Operations
		Electrical Mechanic
		Contracts/Projects Officer Civil Services
		Contracts Officer Level 1
		Senior Audit Supervisor
		Product Development Analyst
		Senior Financial Accountant
		Corporate Planning Analyst Level 2
		Developer Services Process Co-ordinator Level 1
		Senior Management Accountant
		Trade Waste Co-ordinator, Treatment Operations, System Operations
		Technical Officer Strategic Operations Level 4
26	73,255	Development Servicing Plans Co-ordinator
		Developer Services Process Co-ordinator Level 2
		Customer Change Co-ordinator
		Business Process Architect
		ICT Network/Systems Engineer
		Systems Administrator TRIM
27	75,133	Corporate Planning Coordinator
		Corporate Planning Analyst Level 3
		Field Supervisor (Civil) Operations
		Field Supervisor First Response
		Manager Business Performance
		ICT Systems Architect
		Contracts Officer Level 2
		Technical Supervisor - System Operations, Assets & Operations
28	77,011	Occupational Health & Safety Advisor
		Science & Water Quality Officer
		Property Acquisitions Co-ordinator
29	78,887	Information Systems Manager Operations
		Manager Information Resources
		Senior Contracts/Projects Officer
		Information Systems Officer Software Development - SNR
		Manager Billing Services
		Corporate Planning Analyst Level 4
30	80,766	Alliance Manager
		IT Systems Engineer / Software Development
		Contract Manager (Capital Works)
		Account Executive Product Development
31	82,646	Team Leader Sewer Network Operations
		Manager Maintenance Contracts/Minor Works
		Property Manager
		Manager Customer Services
		Supplier Relationships Manager Level 1
32	84,523
33	86,401	Manager Media & Corporate Relations
34	88,281	Senior Accountant Corporate Reporting Level 1
		Senior Accountant Management Services Level 1
		Supplier Relationships Manager Level 2
35
36	92,036
37	93,914	Team Leader Software Development
38	95,793
39	97,671
40	99,550	Technical Consultant Information Systems

 

 

 

 

 

 

 

Schedule B1 - Part 2

 

Salary Structure B

 

Salary Rates @ 1 June 2008

Including 3.0% Increase

 

Description	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10	Year 11	Year 12	Year 13	Year 14	Year 15
	$	$	$	$	$	$	$	$	$	$	$	$	$	$	$
General Scale:
Administrative Officer												45,989	47,770	50,037	51,715
Technical Support		46,479
Officer - Senior Grade
TO's, Architectural,
Survey and/or Engineering
Drafter and Engineering
Surveyor
B Grade						61,745
Special Grade	63,714
A Grade	65,128	66,068
Inspector - Plumbing						63,653
Supervisor - Day Labour
Foreperson
Non Trade Maintenance	52,947	53,632	54,962
Trade Group 1		55,975
Inspector - Grade 2	62,896

 

 

 

 

 

Supervisor or Specialist -
Engineering Support
Technical Officer,
Architectural, Survey
and/or Engineering Drafter
and Engineering Surveyor
Level 1	67,206	68,462
Level 2	71,194
Administrative
Supervisor /Professional
Specialist Manager
Grade 1	53,445	54,403	55,452	56,560
Grade 2	58,508	60,342	62,058	63,896
Grade 3	66,324	68,611	70,747	73,502
Secretary to Director
Computer Officer's Scale
Computer Systems Officer
Grade 2				63,896			70,747
Grade 3	73,502	75,110	77,824	80,184
Grade 4	82,543	84,898

 

 

 

 

 

 

Miscellaneous

Chief Plumbing

67,062

Inspector Senior Trade

Waste