Crown Employees (Department of Finance, Services
and Innovation - Waste Assets Management Corporation) Salaried Staff Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 760 of 2015)
|
Before Commissioner Stanton
|
24 November 2015
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
to the Award
4. Classifications
and Salaries
5. Saving of
Rights
6. Conditions
of Employment
7. Working
Hours
8. Flexible
Hours of Work
9. Payment
of Salaries
10. Flexibility
Arrangements
11. Notification
of Absence from Duty
12. Professional
Development Activities
13. Grievance
and Dispute Handling Procedures
14. Increase or
Reduction in Payment of Travelling Allowances
15. Production of Receipts
16. Travelling Distances
17. Anti-Discrimination
18. Lactation Breaks
19. Casual Employment
20. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Classification and Salary Schedules
1. Title
This award shall be known as the Crown Employees
(Department of Finance, Services and Innovation - Waste Assets Management
Corporation) Salaried Staff Award 2012.
2. Definitions
"Act"
means the Waste Recycling and Processing Corporation (Authorised Transaction)
Bill 2010.
"Approval"
means the appropriate approval given by a staff member of WAMC with the
appropriate and legitimate delegated authority by WAMC to do so.
"At the
convenience of' means the operational requirements permit the staff member's
release from duty or that satisfactory arrangements are able to be made for the
performance of the staff member's duties during the' absence.
"Birth"
includes stillbirth.
"Call
Back (Return to Duty)" means those occasions when a staff member is
directed to return to duty outside the staff member's ordinary hours or outside
the bandwidth in the case of a staff member working under a flexible Hours of
Work scheme.
"Casual
staff member" means a person engaged on a day-to-day basis and paid
accordingly and includes a loading in recognition of the casual nature of the
employment and compensate the staff member for all leave, other than long
service leave, and all incidence of employment, except overtime
"Casual
rate" means the appropriate rate payable in respect of a motor vehicle
maintained by the staff member for private purposes but which the staff member
may elect to use, with the .approval of the CE for occasional travel on official
business, subject to the allowance paid for such travel not exceeding the cost
of travel by public or other available transport.
"CE"
means the Chief Executive of WAMC or their nominee, with delegated authorities
under the Act.
"Contract
hours for the day" for a full time staff member, means one fifth of the
full time' contract hours, as defined in this Award. For a part time staff
member, contract hours for the day means the hours usually worked on the day.
"Daily
span of hours" means, for a staff member required to work standard hours,
the full time standard hours defined in this Award. For a staff member required
to work flexible hours, the "daily span of hours” means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this Award.
"Examination
Leave" means time allowed off from normal duties granted on full pay to
staff members undertaking examinations in an approved part time course.
"Flexible
working hours credit" means the time exceeding the contract hours for a
settlement period and includes any time carried over from a previous settlement
period or periods.
"Flexible
working hours debit" means the contract hours not worked by a staff member
and not covered by approved leave during the settlement period, as well as any
debit carried over from the previous settlement period periods.
"Flexible
working hours scheme" means the scheme outlined in Flexible Working Hours
clause of this Award which enables staff members, subject to operational
requirements, to select their starting and finishing times.
"Flex
leave" means a period of leave available to be taken by a staff member as
specified in subclause 8.15 of the Flexible Working Hours clause in this Award.
"Full
day" means the standard full time contract hours for the day, i.e., seven
or eight hours, depending on the classification of the staff member.
"Full
pay" or "half pay" means the staff member's ordinary rate of pay
or half the ordinary rate of pay respectively.
"Full-time
contract hours" means the standard weekly hours, that is, 35 hours per
week, required to be worked as at the date of this Award.
"Half
day" means half the standard contract hours for the day.
"Joint
Consultative Committee" means a formal committee established between WAMC
and the Trade Unions for the purpose of consulting on Workplace matters.
“Ordinary hours of duty" means:
for a staff member
working standard hours - the fixed hours of duty, with an hour for lunch,
worked in the absence of flexible working hours;
for a staff
member working under a flexible working hours scheme, or flexibility
arrangement negotiated under the flexibility arrangements-clause in this Award
- the hours of duty the CE requires a staff member to work within the bandwidth
specified under the flexible working hours scheme, or flexibility arrangement.
"Normal
work" means, for the purposes of the Grievance and Dispute Settling
Procedures clause of this Award, the work carried out in accordance with the
staff member's position or job description at the location where the staff
member was employed, at the time the grievance or dispute was notified by the
staff member.
"On duty'
means the time required to be worked for WAMC.
For the
purposes of the Trade Union Activities clause of this Award, "on
duty" means the time off with pay given by WAMC to the accredited Trade
Union delegate to enable the delegate to carry out legitimate Trade Union
activities during ordinary work hours without being required to lodge an
application for leave.
"Official
business rate" means the appropriate rate of allowance payable for the use
of a private motor vehicle where no other transport is available and such use
is proposed by the CEO and agreed to by the staff member or where the staff
member is unable to use other transport due to a disability.
"Ordinary
hours” means the ordinary hours worked by staff members in an ordinary working day
or week to a maximum of 35 hours per week.
"Ordinary
rate of pay" means the sum ascertained by dividing the basic annual salary by 260.8929 to give you
a daily-rate, then dividing this figure by the number of ordinary hours
specified for that position.
"Overtime”
means as defined in the overtime clause in this Award.
"Parental
Leave” Parental leave includes maternity, adoption and "other parent”
leave.
"Part-time
Course" shall mean a course undertaken concurrently with employment and
shall include courses involving face to face or oral instruction and those
conducted externally to the institution through correspondence study.
"Part
time Staff member" means a permanent or temporary staff member whose
agreed hours are less than full time hours.
"Staff
Development and Training" shall mean short educational and professional
training courses, conducted by either WAMC, an external institution or body.
"Standard
Hours" shall be as per the office hours specified in this Award unless
otherwise determined by the CE.
"Study
Accumulation" shall mean the aggregation of short periods of study time
granted for private study purposes.
"Study
Time" shall mean time allowed off from normal duties granted on full pay to
staff members who are studying in approved paI1-time courses.
“Tine in lieu” means paid time taken off work during ordinary hours, in lieu of payment
for overtime worked.
"Union" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales
(PSA) or the Association of Professional Engineers, Scientists and Managers,
Australia (NSW Branch) (APESMA) having regard to their respective coverage.
"WAMC" means the areas of the Department
employing staff in classifications under this award.
3. Parties to the
Award
The parties to this award are the Secretary of Treasury
the Department of Finance, Services and Innovation, the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales and the Association of Professional Engineers, Scientists and
Managers, Australia (NSW Branch) known as “Professionals Australia” and all employees
who are employed in the classifications detailed in Table 1 of Part B,
Monetary Rates of this award.
4. Classifications and
Salaries
The classifications and salary rates are set out in
Table 1 of Part B, Monetary Rates of this award.
5. Saving of Rights
At the time of making of this award, no staff member
covered by this award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this Award. This clause is not
intended to give rise to further claim.
6. Conditions of
Employment
The staff members regulated by this award shall be
entitled to the conditions of employment as set out in this award and, except
where specifically varied by this award, existing conditions are provided for
under the Government Sector
Employment Act 2013, the Government
Sector Employment Regulation 2014,
Government Sector Employment Rules 2013
and the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009, as reviewed or any award
replacing this award.
7. Working Hours
7.1 The working hours of staff and the manner
of their recording, shall be as determined from time to time by WAMC. Such
direction will include the definition of full time contract hours.
7.2 The staff member in charge of a division or
branch of WAMC will be responsible to the CE for the proper observance of hours
of work and for the proper recording of such attendance.
7.3 The ordinary hours may be standard or
flexible and may be worked on a full time or part-time basis.
7.4 WAMC shall ensure that all staff members
employed are informed of the hours of duty required to be worked and of their
rights and responsibilities in respect of such hours of duty.
7.5 The ordinary hours of work shall be 35
hours per week unless otherwise determined by the CE in accordance with
subclause 7.1 of this clause.
8. Flexible Hours of
Work
8.1 Statement of Intent
(a) This agreement aims to improve
organisational performance and flexibility for all employees. Achievement of
these objectives will ensure that there is an appropriate balance between work
and personal commitments. The parties
recognise that this will occur if all employees and their supervisors
understand and accept the spirit of the agreement, as well as its operation,
and respect the needs of the organisation and individual employees. The
flexible working arrangement applies to all staff, and operates in conjunction
with the following principles by:
(i) The arrangements described below commit
all employees to ensuring that operational and client service requirements are
met.
(ii) Actual working hours and patterns of
work will be decided by mutual agreement between the employee and their
supervisor.
(b) Decisions regarding working hours and
patterns of work will be made by taking into account:
(i) organisational requirements of WAMC
Environmental Solutions.
(ii) the personal commitments/needs of the
individual.
8.2 Unless different arrangements have been
agreed, as provided in the Flexibility Arrangements clause of this Award, a flexible
working hours scheme in terms of this subclause may operate in WAMC or a
section of WAMC, subject to operational requirements, as determined by the CE.
8.3 Where the operational requirements allow,
the working of flexible hours under a flexible working hours scheme operating
in WAMC shall be extended to a staff member working under a part time work
arrangement. Except for provisions contained in subclauses 8.11 and 8.13 of
this clause, all other provisions under this subclause shall be applied pro rata
to a staff member working under a part time work arrangement.
8.4 Exclusions - Flexible working hours shall
not apply to staff members who work:
(a) permanent standard hours;
(b) according to a shift roster.
8.5 Attendance - A staff member's attendance
outside the hours of a standard day but within the bandwidth shall be subject
to the availability of work.
8.6 Bandwidth - The bandwidth shall be
between the hours of 7.00 am and 6.00 pm Monday to Friday, unless a different
time span has been agreed as provided in the Flexibility Arrangements.
(a) Within the bandwidth, no more than 10.5
hours may be credited in any one day.
8.7 Core-time - The core-time shall be between
the hours of 9.30 am and 3.30
pm Monday to Friday, excluding the lunch break, unless other arrangements have
been agreed as provided in the Flexibility Arrangements Clause.
(a) Core-time may be varied by special
arrangement with Managers to 10:00 am to 3:00 pm.
8.8 Lunch break - The standard lunch period
shall be 1 hour. With the approval of the supervisor, the lunch period may be
extended by the staff member up to 2 and 1/2 hours or reduced to not less .than
30 minutes within the span of hours determined by the CE, unless other
arrangements have been agreed as provided in the Flexibility Arrangements at
Clause 10 of this Award.
8.9 Settlement period - Unless another
arrangement has been reached provided under the Flexibility Arrangements clause
the settlement period shall be 3 calendar months i.e. 1 January to 31 March.
(a) For time recording purposes the
settlement period and flex leave must coincide.
(b) Where exceptional circumstances apply,
e.g., prolonged transport strikes, adverse weather conditions and the like, the
CE may extend the affected settlement period.
8.10 Contract hours - The contract hours for a
settlement period shall be calculated by multiplying the staff member's weekly
contract hours by the number of weeks in a settlement period.
8.11 Flexible working hours credit -A staff
member may carry a maximum of 10 hours credit into the next period. Time
accumulated in excess of 10 hours at the end of a settlement period shall be
forfeited. Unless other arrangements are negotiated or covered in this
Agreement may be negotiated in respect of the carry over of the maximum
flexible hours credit and the banking of any accumulated time.
8.12 WAMC shall ensure that a staff member does
not constantly forfeit excess credit hours at the conclusion of settlement periods
as a result of reasonable requests for flex leave being refused or the staff
member being directed by the supervisor to work long hours within the
bandwidth. With this in mind an employee may roll forward up to 20 hours on
single occasion to deal with a unique circumstance but these hours must be
taken in the subsequent settlement period so only a maximum of 10 hours rolls
forward in the immediate following settlement period. Where the staff member
may have excess credit hours, the Manager and staff member shall develop a
strategy in accordance with clause 8.15 to ensure that the staff member does
not forfeit any credit hours accumulated or
likely to be accumulated.
8.13 Flexible Working Hours Debit - The
following provisions shall apply to the carry over of flexible working hours
debits, unless a flexibility arrangement has been negotiated in terms of the
flexibility arrangement clause of this Award:
(a) A debit of up to 10 hours at the end of
a settlement period may be carried over into the next period;
(b) Where the debit exceeds 10 hours, the
excess will be debited from the staff member’s recreation or extended leave
balance, after consultation with the staff member. If there is insufficient
recreation or extended leave to apply to the debit balance, the remainder will
be applied as leave without pay.
(c) Any debit of hours outstanding on a
staff member's last day of duty is to be deducted from any unpaid salary or the
monetary value of accrued recreation/extended leave.
8.14 Cessation of duty - A staff member may
receive payment for a flex day accrued and remaining untaken on the last day of
service:
(a) where the staff member’s services
terminate without a period of notice for reasons other than misconduct; or
(b) where an application for flex leave
which would have eliminated the accumulated day or days was made during the
period of notice of retirement or resignation and was refused;
8.15 Flex leave - Subject to operational
requirements, four days may be taken each Settlement Period provided:
(a) a maximum of 2 flexidays may be taken
together. In exceptional circumstances and with the agreement with the manager
additional flex days may be approved subject to operational requirements.
(b) a maximum of 13 flexidays per annum
applies. This period is calculated from 1 July to 30 June.
8.16 Flex leave may be taken on consecutive
working days. Half-day absences may be combined with other periods of
authorised -leave. Arrangements in respect of the taking of flex leave may be
negotiated in terms of the Flexibility Arrangements Clause 10 of this Award.
8.17 Absence during coretime - Where a staff
member needs to take a short period of authorised leave within coretime, other
than flex leave, the quantum of leave to be granted shall be determined according
to the provisions contained in Clause 12 Notification of Absence from Duty of
this Award.
8.18 Standard hours - Notwithstanding the
provisions of this clause, the CE may direct the staff member to work standard
hours and not flexible hours:
(a) where the CE decides that the working of
flexible hours by a staff member or members does not suit the operational
requirements of WAMC or section of WAMC,
the relevant Trade Union shall be consulted, where appropriate; or
(b) as remedial action in respect of a staff
member who has been found to have deliberately and persistently breached the
flexible working hours scheme.
8.19 Easter concession - Staff members who work
under a flexible working hours scheme may be granted, subject to the
convenience of WAMC, an additional half day of flex leave on the Thursday
preceding the Good Friday public holiday.
8.20 Any grievances arising from this flexible
working hours agreement shall be resolved using the existing Grievance and
Dispute Handling Procedures of this Award.
9. Payment of Salaries
Salaries shall
be paid to all staff members of WAMC on a fortnightly basis through Electronic
Funds Transfer unless otherwise agreed
10. Flexibility
Arrangements
10.1 Notwithstanding any other provision of this
agreement, WAMC and an individual employee may agree to vary the application of
certain terms of this agreement to meet the genuine needs of WAMC and the
individual employee.
10.2 The agreement between WAMC and the
individual employee must be confined to a variation in the application of one
or more of the terms listed in below or as elsewhere specified in this
agreement.
(a) Salary Packaging
(i) An employee may elect packaging of
salary for, superannuation, and other items· that may be approved in accordance
with WAMC policy, from time to time.
(b) Purchased Leave
(i) An employee may apply to enter into an
agreement with WAMC to purchase either 5 days (one week) or 10 days (two weeks)
additional leave in a 12 month period or some other periods via a flexibility
arrangement.
(ii) The purchased leave will be funded
through the reduction in the employee's ordinary rate of pay. To calculate the
purchased leave rate of pay, the employee's ordinary salary rate will be
reduced by the number of weeks of purchased leave and then annualised at a pro
rata rate over the 12 month period.
(c) Arrangements for when work is performed
(i) An employee may apply to vary his/her working
arrangements in accordance with Clause 7 Working Hours of this Award.
10.3 WAMC may agree to a request, provided the
employee and WAMC genuinely agree to the arrangement without coercion unless,
and the employee is not disadvantaged in relation to their terms and conditions
of employment.
10.4 The agreement will be taken not to
disadvantage the individual employee in relation to their terms and conditions
of employment if:
(a) the agreement does not result, on
balance, in a reduction in the overall terms and conditions of employment of
the individual employee under this agreement; and
(b) the agreement does not result in a
reduction in the terms and conditions of any individual employee under any
relevant laws of NSW.
10.5 WAMC when seeking to enter into an
agreement must provide a written proposal to that employee. Where the
employee's understanding of written English is limited WAMC must take measures,
including translation into an appropriate language, to ensure the employee
understands the proposal.
10.6 WAMC must ensure that the individual
flexibility arrangement:
(a) is in writing; and.
(b) includes the name of WAMC and employee;
and
(c) is signed by WAMC and employee and if
the employee is under 18 years of age, signed by a parent or guardian of the
employee; and
(d) includes details of:
(i) the terms of the Award that will be
varied by the arrangement; and
(ii) how the arrangement will vary the effect
of the terms; and
(iii) how the agreement does not disadvantage
the individual employee in relation to the terms and conditions of his or her
employment as a result of the arrangement; and
(iv) states the day on which the arrangement
commences.
10.7 WAMC must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
10.8 WAMC or employee may terminate the
individual flexibility arrangement:
(a) by giving no more than 28 days written
notice to the other party to the arrangement and the agreement ceasing to
operate at the end of the notice period; or
(b) if WAMC and employee agree in writing -
at any time.
10.9 WAMC is responsible for ensuring that all
of the requirements of this clause are met.
10.10 WAMC will advise staff members accessing flexibility
arrangements under this agreement the following:
(a) Flexibility arrangements can be provided
to the relevant Union unless the employee specifically declines to permit this;
(b) Staff members consenting to these
arrangements being provided to the Union will need to confirm agreement in
writing to WAMC. The staff member will
need to indicate the Union they are eligible to be members of;
(c) WAMC will provide to the state office of
their relevant Union, flexibility arrangements upon receipt of staff members'
confirmation.
10.11 The right to make an agreement pursuant to
this clause is in addition to and
is not intended to otherwise affect, any provision for an agreement between
WAMC and an individual employee contained in any other term of this Award.
11. Notification of
Absence from Duty
11.1 A staff member must not be absent from work
unless reasonable cause is shown.
11.2 If a staff member is to be absent from duty
because of illness or other emergency, the staff member shall notify or arrange
for another person to notify their supervisor as soon as possible of the staff
member's absence and the reason for the absence.
11.3 If a satisfactory explanation for the
absence is not provided, the staff member will be regarded as absent from duty without
authorised leave and the CE shall deduct from the pay of the staff member the
amount equivalent to the period of the absence.
11.4 The minimum period of leave available to be
granted shall be a quarter day, unless negotiated in the workplace allow for a
lesser period to be taken.
11.5 Nothing in this clause affects any
proceedings for a breach of discipline against a staff member who is absent
from duty without authorised leave.
12. Professional
Development Activities
12.1 For the purpose oft his clause, the
following shall be regarded as staff professional development and training
activities:
(a) all developmental courses conducted by
an approved provider and all courses conducted by or in association with WAMC;
(b) Short educational and training courses
conducted by generally recognised public or private educational bodies; and
(c) conferences, conventions, seminars, or
similar activities conducted by professional, learned or other generally
recognised societies, including Federal or State Government bodies or approved
for attendance by WAMC.
12.2 For the purposes of this subclause, the
following shall not be regarded as staff development and training activities:
(a) activities for which study assistance is
appropriate;
(b) activities to which other provisions of
this Award apply (e.g., courses conducted by the relevant Trade Union); and
(c) activities which are of no specific
relevance to WAMC.
12.3 Attendance of a staff member at activities
considered by the CE to be:
(a) essential for the efficient operation of
WAMC; or
(b) developmental and of benefit to WAMC.
(c) in
the best interests of the staff member and WAMC if done by way of a
block release bearing in mind staffing and other requirements of the section; shall
be regarded as on duty for the purpose of payment of salary if a staff member
attends such an activity during normal working hours.
12.4 The following provisions shall apply, as
appropriate to the activities considered to be essential for the efficient
operation of WAMC referred to in ( c) above:
(a) recognition that the staff members are
performing normal duties during the course;
(b) adjustment for the hours so worked under
the working hours arrangements;
(c) payment of course fees;
(d) payment or reimbursement of all actual
necessary expenses or payment of allowances in accordance with this Award,
provided that the expenses involved do not form part of the course and have not
been included in the course fees; and
(e) payment of overtime where the activity
could not be conducted during the staff member's ordinary hours and the CE is
satisfied that the approval to attend constitutes a direction to work overtime under the Overtime clause in
this Award.
13. Grievance and
Dispute Handling Procedures
13.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Department, if required.
13.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
13.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act, 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Secretary or
delegate.
13.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to resolve
the grievance, dispute or difficulty within two (2) working days, or as soon as
practicable, of the matter being brought to attention.
13.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Secretary
or delegate.
13.6 The Secretary or
delegate may refer the matter to the PSIR Branch, NSWIR for consideration.
13.7 If the matter
remains unresolved, the Secretary or delegate shall provide a written response to
the staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
13.8 A staff member,
at any stage, may request to be represented by their Union.
13.9 The staff member
or the Union on their behalf or the Secretary or delegate may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
13.10 The staff member,
Union, Department and IR Branch, NSWIR shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
13.11 Whilst the
procedures outlined in subclauses (1) to (10) of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
14. Increase Or
Reduction in Payment of Travelling Allowances
14.l Where the CE is satisfied that a
travelling allowance is:
(a) Insufficient to adequately reimburse the
staff member for expenses properly and reasonably incurred, a further amount
may be paid to reimburse the staff member for the additional expenses incurred;
or
(b) In excess of the amount which would
adequately reimburse the staff member for expenses properly and reasonably
incurred, the CE may reduce the allowance to an amount, which would reimburse
the staff member for expenses incurred properly and reasonably.
15. Production of Receipts
15.1 Payment of any actual expenses shall be
subject to the production of receipts, unless the CE is prepared to accept
other evidence from the staff member.
16. Travelling Distances
16.1 The need to obtain overnight accommodation shall
be determined by the CE having regard to the safety of the staff member or
members travelling on official business and local conditions applicable in the
area.
16.2 Where staff members are required to attend
conferences or seminars, which involve evening sessions, or staff members are
required to make an early start at work in a location away from their normal
workplace, overnight accommodation shall be appropriately granted by the CE.
17.
Anti-Discrimination
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
(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."
18. Lactation Breaks
18.1 Provisions of this clause apply, except
where safety and environmental factors exist. This can include the inability to
reasonably provide appropriate facilities, where the mother can express milk or
other activities necessary for the breast feeding mother.
18.2 This clause applies to staff members who
are lactating mothers. A lactation break is provided for breastfeeding,
expressing milk or other activity necessary to the act of breastfeeding or
expressing milk and is in addition to any other rest period and meal break as
provided for in this award.
18.3 A full time staff member or a part time
staff member working more than 4 hours per day is entitled to a maximum of two
paid lactation breaks of up to 30 minutes each per day.
18.4 A part time staff member working 4 hours or
less on anyone day is entitled to only one paid lactation break of up to 30 minutes
on any day so worked.
18.5 A flexible approach to lactation breaks can
be taken by mutual agreement between a staff member and their manager provided
the total lactation break time entitlement is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operation requirements of the organisation with the lactating needs of the
staff member.
18.6 WAMC shall provide access to a suitable,
private space with comfortable seating for the purpose of breastfeeding or
expressing milk.
18.7 Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
staff member will take place to attempt.
19. Casual Employment
19.1 Hours of Work
(a) A casual employee is engaged and paid on
an hourly basis.
(b) A casual employee will be engaged and
paid for a minimum of 3 consecutive hours for each day worked.
(c) A casual employee shall not work more
than 9 consecutive hours per day (exclusive of meal breaks) without the payment
of overtime for such time in excess of 9 hours, except where longer periods are
agreed.
19.2 Rate of Pay
(a) Casual employee shall be paid the ordinary
hourly rate of pay calculated by the following formula for the hours worked per
day:
(b) Annual salary divided by 52.17857142
divided by the ordinary weekly hours of the classification. In addition a
casual loading, as specified in sub-clause 26.3 below shall also apply.
19.3 Casual Loading
(a) The casual loading shall be 22%.
(b) The loading specified above is in
recognition of the casual nature of the employment and compensate the employee
for all leave, other than long service leave, and all incidence of employment,
except overtime.
20. Area, Incidence
and Duration
20.1 This award
applies to staff of the Department of Finance, Services and Innovation,
attached to the Waste Asset Management Corporation in the classifications
listed in Table 1 of Part B, Monetary Rates
20.2 This award
replaces the WAMC Salaried Employees Award 2010, (Agreement ID 833000, FWA
Matter No 2010/19702, Print ID PR505185, published 16 December 2010 and all
variations thereof.
20.3 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown
Employees (Department of Finance and Services - Waste Assets Management
Corporation) Salaried Staff Award 2012 published 29 June 2012 and all
variations thereof.
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 IG
359) take effect on and from 24 November 2015.
The award
remains in force until varied or rescinded, the period for which it was made
having already expired
PART B
MONETARY RATES
Table 1 - Classification and Salary Schedules
Salary Rates effective from the beginning of the first
pay period to commence on or after 1 July 2015.
WAMC OFFICER
|
Grade
|
Year
|
Per annum
|
|
|
|
1 July 2015
|
|
WAMC Officer General Scale
|
1
|
34,904
|
|
WAMC Officer General Scale
|
2
|
42,219
|
|
WAMC Officer General Scale
|
3
|
45,500
|
|
WAMC Officer General Scale
|
4
|
46,744
|
|
WAMC Officer General Scale
|
5
|
48,724
|
|
WAMC Officer General Scale
|
6
|
49,607
|
|
WAMC Officer General Scale
|
7
|
50,836
|
|
WAMC Officer General Scale
|
8
|
52,716
|
|
WAMC Officer General Scale
|
9
|
54,625
|
|
WAMC Officer General Scale
|
10
|
56,643
|
|
Grade
|
Year
|
Per annum
|
|
|
|
1 July 2015
|
|
|
|
$
|
|
WAMC Officer Grade 1
|
1
|
59,763
|
|
|
2
|
61,522
|
|
WAMC Officer Grade 2
|
1
|
63,235
|
|
|
2
|
64,971
|
|
WAMC Officer Grade 3
|
1
|
66,813
|
|
|
2
|
68,825
|
|
WAMC Officer Grade 4
|
1
|
70,977
|
|
|
2
|
76,689
|
|
WAMC Officer Grade 5
|
1
|
78,871
|
|
|
2
|
81,357
|
|
WAMC Officer Grade 6
|
1
|
84,545
|
|
|
2
|
87,026
|
|
WAMC Officer Grade 7
|
1
|
89,632
|
|
|
2
|
92,310
|
|
WAMC Officer Grade 8
|
1
|
96,157
|
|
|
2
|
99,214
|
|
WAMC Officer Grade 9
|
1
|
102,174
|
|
|
2
|
105,042
|
|
WAMC Officer Grade 10
|
1
|
109,335
|
|
|
2
|
112,591
|
|
WAMC Officer Grade 11
|
1
|
118,172
|
|
|
2
|
123,182
|
|
WAMC Officer Grade 12
|
1
|
130,897
|
|
|
2
|
136,662
|
WAMC SENIOR
OFFICER
|
Grade
|
Year
|
Per annum
|
|
|
|
1 July 2015
|
|
|
|
$
|
|
WAMC Senior Officer Grade 1
|
1
|
152,920
|
|
|
2
|
164,773
|
|
WAMC Senior Officer Grade 2
|
1
|
167,560
|
|
|
2
|
179,374
|
|
WAMC Senior Officer Grade 3
|
1
|
185,378
|
|
|
2
|
203,492
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.