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New South Wales Industrial Relations Commission
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Roads and Maritime Services Consolidated Salaried Award 2019
  
Date09/10/2021
Volume390
Part3
Page No.386
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C9294
CategoryAward
Award Code 1920  
Date Posted09/10/2021

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(1920)

SERIAL C9294

 

Roads and Maritime Services Consolidated Salaried Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 219959 of 2021)

 

Before Commissioner Sloan

10 August 2021

 

VARIATION

 

1.        Delete the definition of Chief Executive of Clause 1, Definitions, of the award published 22 May 2020 (388 I.G. 441) and insert in lieu thereof the following:

 

Chief Executive of Roads and Maritime Services.  (Note a reference to any action of the Chief Executive or the employer under the Award is, where appropriate, taken to mean a reference to the action taken by a delegate of the Chief Executive.

 

2.        Delete subclause (d) of clause 1, Definitions, and insert in lieu thereof the following:

 

(d)       a relative of the Employee who is a member of the same household, where for the purposes of this definition:

 

(i)       "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

(ii)      "affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

3.        Delete the definition of Official Business Rate in clause 1, Definitions, and insert in lieu thereof the following:

 

Official Business Rate means the rate Employees are paid for using a private vehicle on official business when:

 

(a)       no Employer owned vehicle is available; or

 

(b)       no hire car is available; or

 

(c)       no public or other transport is available; or

 

(d)       Employees are unable to use public or other transport because of a disability; or

 

(e)       Employees are requested to use the vehicle and agree to do so; or

 

(f)       Employees are required to do so as specified by subclause 21.5.10 (Transfer of Dependants), or when the Employer approves use of a private vehicle when other forms of transport are available for travel to a temporary work location.

 

4.        Delete the sentence "This Award comes into effect on 1 July 2019 and will remain in force until 30 June 2021" of subclause 3.3 of clause 3, Area, Incidence and Duration, and insert in lieu thereof the following:

 

This Award comes into effect on 1 July 2019 and will remain in force until 30 June 2022.

 

5.        Delete subclause 6.3 of clause 6, Grievance Procedure and insert in lieu thereof the following:

 

6.3      The RMS Group’s Grievance Resolution Procedure, as amended by the Employer from time to time, is to be followed when a grievance arises. The Procedure as at 26 February 2020 is at Appendix B of this Award.

 

6.        Delete subclause 18.6 of clause 18, Classifications and Rates of Pay, and insert in lieu thereof the following:

 

18.6    Salary and allowance adjustments provided for in this Award are as follows:

 

(a)       salaries will increase by 2.5% from the first pay period commencing on or after 1 July 2019;

 

(b)      salaries will increase by 2.5% from the first pay period commencing on or after 1 July 2020;

 

(c)       salaries will increase by 2.04% from the first pay period to commence on or after 1 July 2021

 

(d)      allowance items 13, 19(a), 26 and 27 will be increased in accordance with (a), rounded to the nearest dollar; 19(b) will be increased in accordance with (a), rounded to the nearest cent.

 

(e)       allowance items 1-6, 11-12, 15-18, 20, 24 and 25 will be increased in accordance with variations made via Department of Premier and Cabinet Circular and Schedule B amended as required.

 

(f)       allowance items 7-10 and 14 will be increased in accordance with the Crown Employees (Transferred Employees Compensation) Award.

 

(g)      allowance items 21 and 22 will be adjusted annually on 1 July, in accordance with the CPI (all groups Sydney Index) for the preceding 1 April to 31 March period.

 

(h)      allowance item 23 will be adjusted annually on 1 July, as determined by the Employer.

 

7.        Delete paragraph 21.5.5 of subclause 21.5 of clause 21, Allowances, and insert in lieu thereof the following:

 

21.5.5 Telephone Connection

 

(a)       Employees will be reimbursed the cost of installing a telephone at their new location provided that:

 

(i)       they were a telephone subscriber at their previous residence at the time of transfer; and

 

(ii)      the amount reimbursed is limited to the full amount of the transfer or installation fee only. Fees for extra telephone equipment and services etc. are not reimbursed.

 

(iii)     Employees must provide receipts when claiming reimbursement.

 

8.        Delete paragraph (e) of subclause 21.6 of clause 21, Allowances, and insert in lieu thereof the following:

 

(e)       Grade C Allowances will be paid to Employees whose headquarters and residence are at Fort Grey, Mutawinjtji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yethong.

 

9.        Delete subparagraphs (xiv) to (xvii) of paragraph (e) of subclause 23.2 of clause 23, Hours of Work, and insert in lieu thereof the following:

 

(xiv)   Flexible working hours debit - The following provisions shall apply to the carry over of flexible working hours debits:

 

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 a following pay as leave without pay, unless the Employee elects to be granted available annual or extended leave to offset the excess.

 

C.        Any debit of hours outstanding on an Employee’s last day of duty is to be deducted from any unpaid salary or the monetary value of accrued annual/ extended leave.

 

(xv)     Flex leave - Subject to operational requirements:

 

A.        An Employee may use credit hours to take off the equivalent of one full day or two half days in a settlement period of 4 weeks.

 

B.        Flex leave can be taken for a minimum period of 1 hour and thereafter in 15 minute increments.

 

C.        Flex leave may be taken on consecutive working days.

 

D.        Absences on flex leave may be combined with other periods of authorised leave.

 

(xvi)   Banked days - If an Employee is unable to take flex leave in accordance with clause 23.2(e)(xiv) due to operational requirements, an Employee can bank flex leave and is entitled to have banked up to four untaken flex days at any one time. Subject to approval, the Employee can take up to four banked days plus the current settlement periods flex day, to take a maximum of five consecutive working days off at an appropriate time.

 

(xvii)  Professional Engineers who work on projects shall be entitled to bank flex days over the maximum in subclause 23.2(e)(xiv), during the project to be taken at the conclusion of the project or at set times during the project, in order to manage sustained high workloads.  Such leave arrangements shall be approved by the Employer. Where it is agreed between the Professional Engineer and the Employer, the Professional Engineer may work a standard hours arrangement.

 

(xvii)  Flexitime Arrangements will not be used to replace shift work or temporary shift arrangements, or where work would be more appropriately arranged under the shift work provisions of this Award.

 

10.      Delete subparagraph (b)(viii) of subclause 24.1 of clause 24, Shiftwork, and insert in lieu thereof the following

 

(viii)   Sydney Harbour Bridge Control Room Employees (in which case the provisions of clause 49 shall apply).

 

11.      Delete paragraph (f) and subparagraph (i) of subclause 28.2 of clause 28, Sick Leave, and insert in lieu thereof the following:

 

(f)       Extended Special Sick Leave may be granted at the discretion of the Employer in the following circumstances:

 

(i)       Where an Employee has exhausted the grant of all forms of sick leave that are available to the Employee, application may be made to the Employer for Extended Special Sick Leave.

 

12.      Delete subclause 37.8 of clause 37, Purchased Leave, and insert in lieu thereof the following:

 

37.8    Specific conditions governing purchased leave may be amended from time to time by the Employer in consultation with the Union parties.

 

13.      Delete subclause 48.3 of clause 48, Hours of Work and Additional Conditions for Operations Managers and Operations Coordinators in the Regional Traffic Operations Centre, and insert in lieu thereof the following:

 

48.3    Overtime Worked

 

(a)       Payment of overtime shall be made at the following rates:

 

(i)       All time worked in excess of 11 hours 40 minutes per shift between midnight Sunday and midnight Saturday, shall be paid at the rate of time and one half for the first two hours and double time thereafter. Each period of overtime shall stand alone.

 

(ii)      Any overtime work carried out on Sundays shall be paid for at the rate of double time.

 

(iii)     Any overtime work carried out on a public holiday shall be paid for at the rate of double time and a half.

 

(iv)     An Employee who works overtime on a rostered day off, Saturday or Sunday or on a public holiday shall be paid a minimum payment for three hours work at the appropriate overtime rates.

 

(v)       An Employee required to work a shift on a day on which they are not rostered and given less than 24 hours’ notice in advance will be paid one meal allowance in accordance with Schedule B, Item 2 of the Roads and Maritime Services Consolidated Salaried Award 2019.

 

14.      Delete subclause 49.3 of clause 49, Hours of Work and Additional Conditions for Sydney Harbour Bridge Control Room Employees, and insert in lieu thereof the following:

 

49.3    Overtime Worked

 

(a)       Payment of overtime shall be made at the following rates:

 

(i)       All time worked in excess of 12 hours per shift between midnight Sunday and midnight Saturday, shall be paid at the rate of time and one half for the first two hours and double time thereafter. Each period of overtime shall stand alone.

 

(ii)      Any overtime work carried out on Sundays shall be paid for at the rate of double time.

 

(iii)     Any overtime work carried out on a public holiday shall be paid for at the rate of double time and a half.

 

(iv)     An Employee who works overtime on a rostered day off, Saturday or Sunday or on a public holiday shall be paid a minimum payment for three hours work at the appropriate overtime rates.

 

(v)       An Employee required to work a shift on a day on which they are not rostered and given less than 24 hours’ notice in advance will be paid one meal allowance in accordance with Schedule B, Item 2 of the Roads and Maritime Services Consolidated Salaried Award 2019.

 

15.      Delete paragraph 61.1(f) of clause 61, Minimum Rest Period When Working Overtime, and insert in lieu thereof the following:

 

(f)       if an Employee’s usual ordinary hours occur during the minimum rest period of eight hours in (a)-(e) above, the Employee will be paid at their normal salary for the time they are absent.

 

16.      Delete subclause 72.10 of clause 72, Conditions Applicable to Team Leaders Environmental Services (TLES) and Environmental Services Officers (ESOs), and insert in lieu thereof following:

 

72.10  Where a public holiday falls on a Saturday or Sunday but the public holiday is gazetted to fall on a following weekday the actual weekend public holiday shall be considered one of the 5 public holidays which ESO’s are required to work under cl 72.1(h).

 

17.      Delete the tables in Parts 1, 2 of Schedule A - Classification Structure and Rates of Pay, and insert in lieu thereof the following:

 

PART 1 - Salaried Employee Classifications (including Compliance Operations Inspectors)

 

a.         Salaried Employee Classifications (including Compliance Operations Inspectors)

 

Unified Salary Scale

Grades

2.5% increase from the first full pay period on or after

1 July 2019

Per annum

$

2.5% increase from the first full pay period on or after

1 July 2020

Per annum

$

2.04% increase from the first full pay period on or after

1 July 2021

Per annum

$

Grade 1

40,429

41,440

42,285

 

44,343

45,452

46,379

 

50,693

51,960

53,020

Grade 2

53,464

54,801

55,919

 

55,890

57,287

58,456

 

57,970

59,419

60,631

Grade 3

61,554

63,093

64,380

 

64,437

66,048

67,395

 

67,439

69,125

70,535

Grade 4

69,496

71,233

72,686

 

72,222

74,028

75,538

 

75,064

76,941

78,511

Grade 5

77,643

79,584

81,208

 

80,153

82,157

83,833

 

81,597

83,637

85,343

Grade 6

83,389

85,474

87,218

 

85,920

88,068

89,865

 

88,731

90,949

92,804

Grade 7

90,661

92,928

94,824

 

93,861

96,208

98,171

 

95,682

98,074

100,075

Grade 8

99,608

102,098

104,181

 

103,652

106,243

108,410

 

106,889

109,561

111,796

Grade 9

111,806

114,601

116,939

 

115,017

117,892

120,297

 

120,194

123,199

125,712

Grade 10

123,229

126,310

128,887

 

128,088

131,290

133,968

 

134,668

138,035

140,851

Grade 11

138,829

142,300

145,203

 

144,871

148,493

151,522

 

148,134

151,837

154,934

Grade 12

156,802

160,722

164,001

 

161,380

165,415

168,789

 

167,018

171,193

174,685

Grade 13

172,002

176,302

179,899

 

176,459

180,870

184,560

 

184,916

189,539

193,406

 

PART 2

 

b.        Professional Engineers

 

Engineering Scale

Year

2.5% increase from the first full pay period on or after

1 July 2019

Per annum

$

2.5% increase from the first full pay period on or after

1 July 2020

Per annum

$

2.04% increase from the first full pay period on or after

1 July 2021

Per annum

$

Cadet Engineer Level 1

-

42,871

43,943

44,839

Cadet Engineer Level 2

-

45,347

46,481

47,429

Cadet Engineer Level 3

-

48,111

49,314

50,320

Cadet Engineer Level 4

-

51,150

52,429

53,499

Cadet Engineer Level 5

-

55,102

56,480

57,632

Cadet Engineer Level 6

-

55,669

57,061

58,225

GRAD Program Engineer

1

78,689

80,656

82,301

 

2

81,233

83,264

84,963

 

3

82,698

84,765

86,494

Engineer Level 1

1

91,887

94,184

96,105

 

2

95,131

97,509

99,498

 

3

96,975

99,399

101,427

 

4

100,956

103,480

105,591

 

5

105,048

107,674

109,871

 

6

108,332

111,040

113,305

Engineer Level 2

1

113,314

116,147

118,516

 

2

116,571

119,485

121,922

 

3

121,817

124,862

127,409

Engineer Level 3

1

124,890

128,012

130,623

 

2

129,816

133,061

135,775

 

3

136,484

139,896

142,750

Engineer Level 4

1

140,704

144,222

147,164

 

2

146,825

150,496

153,566

 

3

150,130

153,883

157,022

Engineer Level 5

1

158,914

162,887

166,210

 

2

163,557

167,646

171,066

 

3

169,274

173,506

177,046

Engineer Level 6

1

174,326

178,684

182,329

 

2

178,842

183,313

187,053

 

3

187,412

192,097

196,016

 

18.      Delete the table, Maritime Employee Classifications of Part 3, Schedule B and insert in lieu thereof the following:

 

PART 3

 

c.         Maritime Employee Classifications

 

Level

2.5% increase from the first full pay period on or after

1 July 2019

Per annum

$

2.5% increase from the first full pay period on or after

1 July 2020

Per annum

$

2.04% increase from the first full pay period on or after

1 July 2021

Per annum

$

1

51,143

52,422

53,491

2

55,965

57,364

58,534

3

64,978

66,602

67,961

4

68,041

69,742

71,165

5

73,159

74,988

76,518

6

76,612

78,527

80,129

7

82,362

84,421

86,143

8

86,244

88,400

90,203

9

92,716

95,034

96,973

10

97,090

99,517

101,547

11

104,376

106,985

109,167

12

109,294

112,026

114,311

13

117,491

120,428

122,885

14

123,017

126,092

128,664

15

132,240

135,546

138,311

16

138,465

141,927

144,822

17

148,833

152,554

155,666

Annual Salaries*

5A

94,829

97,200

99,183

7A

104,035

106,636

108,811

7AA

101,005

103,530

105,642

9A

111,164

113,943

116,267

10A

118,763

121,732

124,215

10AA

119,066

122,043

124,533

11A

126,048

129,199

131,835

12A

130,965

134,239

136,977

13A

130,660

133,927

136,659

13B

137,630

141,071

143,949

14A

144,691

148,308

151,333

15A

153,910

157,758

160,976

15AA

154,710

158,578

161,813

16A

160,936

164,959

168,324

16AA

160,936

164,959

168,324

17A

165,174

169,303

172,757

17AA

171,302

175,585

179,167

 

19.      Delete table of allowances of Schedule B - Allowances and Expenses, and insert in lieu thereof the following:

 

SCHEDULE B - ALLOWANCES AND EXPENSES

 

Item No.

Clause No.

Description

From the first full pay period on or after

1 July 2019

Amount

$

From the first full pay period on or after

1 July 2020

Amount

$

From the first full pay period on or after

1 July 2021

Amount

$

1

21.2.1(b)

Meal Allowance while

Per meal

Per meal

Per meal

 

 

Travelling

 

 

 

 

 

Capital Cities & High Cost

 

 

 

 

 

Country Centres (refer to (5)

 

 

 

 

 

below)

 

 

 

 

 

Breakfast

28.15

28.70

*

 

 

Lunch

31.65

32.30

*

 

 

Evening Meal

53.90

55.05

*

 

 

‘Tier 2’ Country Centres &

 

 

 

 

 

‘Elsewhere’ (refer to (5) below)

 

 

 

 

 

Breakfast

25.20

25.75

*

 

 

Lunch

28.75

29.35

*

 

 

Evening Meal

49.60

50.65

*

2

25.4

Meal Allowance on Overtime

Per meal

Per meal

Per meal

 

 

Breakfast

31.25

31.95

*

 

 

Lunch

31.25

31.95

*

 

 

Evening Meal

31.25

31.95

*

3

21.3

Lodgings Location

Per Day

Per Hour

Per Day

Per Hour

Per Day

Per Hour

 

 

Capital Cities

$

$

$

$

$

$

 

 

 

 

 

 

 

 

 

 

 

Sydney

321.75

13.41

324.45

13.52

*

*

 

 

 

 

 

 

 

 

 

 

 

Adelaide

290.75

12.11

293.45

12.23

*

*

 

 

 

 

 

 

 

 

 

 

 

Brisbane

308.75

12.86

311.45

12.98

*

*

 

 

 

 

 

 

 

 

 

 

 

Canberra

301.75

12.57

304.45

12.69

*

*

 

 

 

 

 

 

 

 

 

 

 

Darwin

353.75

14.74

356.45

14.85

*

*

 

 

 

 

 

 

 

 

 

 

 

Hobart

280.75

11.70

283.45

11.81

*

*

 

 

 

 

 

 

 

 

 

 

 

Melbourne

306.75

12.78

309.45

12.89

*

*

 

 

 

 

 

 

 

 

 

 

 

Perth

313.75

13.07

316.45

13.19

*

*

 

 

High Cost Country Centres (NSW)

 

 

 

 

 

 

 

 

Bathurst

268.75

11.20

271.45

11.31

*

*

 

 

 

 

 

 

 

 

 

 

 

Broken Hill

272.75

11.36

280.45

11.69

*

*

 

 

 

 

 

 

 

 

 

 

 

Gold Coast (QLD)

342.75

14.28

345.45

14.39

*

*

 

 

 

 

 

 

 

 

 

 

 

Gosford

273.75

11.41

276.45

11.52

*

*

 

 

 

 

 

 

 

 

 

 

 

Maitland

285.75

11.91

288.45

12.02

*

*

 

 

 

 

 

 

 

 

 

 

 

Muswellbrook

276.75

11.53

284.45

11.85

*

*

 

 

 

 

 

 

 

 

 

 

 

Newcastle

302.75

12.61

310.45

12.94

*

*

 

 

 

 

 

 

 

 

 

 

 

Orange

288.75

12.03

291.45

12.14

*

*

 

 

 

 

 

 

 

 

 

 

 

Queanbeyan

272.75

11.36

275.45

11.48

*

*

 

 

 

 

 

 

 

 

 

 

 

Wagga Wagga

277.75

11.57

280.45

11.69

*

*

 

 

 

 

 

 

 

 

 

 

 

Wollongong

288.75

12.03

291.45

12.14

*

*

 

 

 

 

 

 

 

 

 

 

 

Port Macquarie

291.75

12.16

297.45

12.39

*

*

 

 

 

 

 

 

 

 

 

 

 

‘Tier 2’ Country Centres (NSW)

 

 

 

 

 

 

5

 

Dubbo

257.60

10.73

260.15

10.84

*

*

 

 

 

 

 

 

 

 

 

 

 

Goulburn

257.60

10.73

260.15

10.84

*

*

 

 

All other Country Centres (NSW)

 

 

 

 

 

 

 

 

‘Elsewhere’

237.60

9.90

240.15

10.01

*

*

4

21.3

Incidentals allowance

20.05

20.40

*

 

 

(all locations)

per day

per day

per day

5

21.5.2(b)

Amount for incidentals deducted

20.05

20.40

*

 

 

from actual/reasonable expenses

per week

per week

per week

6

21.5.2(b)

Maximum allowance for

254

254

*

 

 

employee separated from

per week

per week

per week

 

 

dependents

 

 

 

7(a)

21.5.9(a)

(i) Allowance for removal of

 

 

 

 

 

furniture - value of furniture:

7037.00

7037.00

~

 

 

 

 

 

 

7(b)

 

(ii) If value above amount in

 

 

 

 

 

(i) Employees receive -

1126.00

1126.00

~

7(c)

 

(iii) If value below amount in

 

 

 

 

 

(i) Employees receive -

563.00

563.00

~

 

 

 

 

 

 

7(d)

 

(iv) If not eligible, employees

 

 

 

 

 

shall receive -

281.00

281.00

~

8

21.5.4(c)

Max purchase price of home on which reimbursement of expenses is based

520000.00

520000.00

~

9

21.5.7(b)

Rental Subsidy - Max amount of allowance to offset increased accommodation

 

 

 

 

 

costs

51

51

~

10(a)

21.5.8(a)

Parents to pay first

27 per week

27 per week

~ per week

10(b)

 

The employer pays up to a maximum of

56 per week

56 per week

~ per week

11

21.6

Remote areas allowance (with dependants)

 

 

 

 

 

Grade A

2,114

2,156

*

 

 

Grade B

2,804

2,860

*

 

 

Grade C

3,744

3,819

*

 

 

Remote areas allowance (without dependants)

 

 

 

 

 

Grade A

1,475

1,505

*

 

 

Grade B

1,966

2,005

*

 

 

Grade C

2,623

2,675

*

12(a)

21.7

Fares subsidy for climatic area - actual cost less or

52.10

53.15

*

12(b)

 

Maximum amount for employee with spouse/dependents; or

349.05

356.05

*

12(c)

 

Maximum amount for employee without spouse/dependents

172.40

175.85

*

13

21.9

Sydney Harbour Bridge Allowance for Works Supervisors (100%)

9172 per annum

9401 per annum

9593 per annum

14

21.5.9(g)

Maximum value of furniture and effects on which risk insurance is paid

38000

38000

~

15

21.8

First Aid - Holders of St John’s Ambulance Certificate or equivalent qualifications

$933 per annum

$936 per annum

* per annum

16

21.8

First Aid - Holders of current occupational first aid certification issued within the

 

 

 

 

 

previous three years and in charge of a First Aid room in a workplace of 200 or

$1401 per annum

$1405 per annum

* per annum

 

 

more

 

 

 

17

21.4.2(b)

Use of Private Motor Vehicles on Official Business - Official Business Rate:

0.68 per km

0.72 per km

*

 

21.5.10(c)

 

 

 

 

18

21.3.3(b)

Use of Private Motor Vehicles on Official Business -

 

 

 

 

21.4.2(b)

Specified Journey Rate:

0.272 per km

0.288 per km

*

 

21.5.6(c)

 

 

 

 

 

21.7(e)

 

 

 

 

19(a)

21.11

On call allowance (payable to RMS Salaried Employees other than Maritime

82 per day

84 per day

86 per day

 

 

Employees)

(Mon - Fri)

(Mon - Fri)

(Mon - Fri)

 

 

 

122 per day

125 per day

128 per day

 

 

 

(Sat, Sun & P. Hol)

(Sat, Sun & P. Hol)

(Sat, Sun & P. Hol)

19(b)

69.1

On call allowance (payable to Maritime Employees)

0.99 per hour

1.04 per hour

1.06 per hour

20

21.5.2(b)

Temporary accommodation beyond first 8 weeks:

 

 

 

 

 

Actual and reasonable out of

*

*

*

 

 

pocket expenses for board and

 

 

 

 

 

lodging less the amount for

 

 

 

 

 

incidentals

 

 

 

21

69.2

Assistance with Child Care fees per child (for Maritime Employees)

325.18 per annum

331.68 per annum

334.67 per annum

22

69.3

Assistance with gym fees based on proof of attendance (for Maritime Employees)

325.18 per annum

331.68 per annum

334.67 per annum

23

69.4

Superable skill allowance based

 

 

 

 

 

on holding Master 5

9203 per annum

9433 per annum

9625 per annum

 

 

Qualification to carry out duties

 

 

 

 

 

on specific Environmental

 

 

 

 

 

Services vessels

 

 

 

24

21.3.1(a)

Applies to RMS Employees

 

 

 

 

 

required to camp out or make

 

 

 

 

 

use of caravans or boats for

44.15 per day

45.05 per day

* per day

 

 

overnight accommodation in the

 

 

 

 

 

course of their duties, when

 

 

 

 

 

motel/hotel accommodation is

 

 

 

 

 

neither available nor appropriate.

 

 

 

25

21.10(a)

Uniform maintenance allowance

 

 

 

 

 

- applies to designated RMS

8 per week

8 per week

* per week

 

 

Salaried Employees other than

 

 

 

 

 

Maritime Employees.

 

 

 

26

47.2

Incident co-ordination allowance

40

42

43

 

 

 - applies to Manager

(Mon - Fri)

(Mon - Fri)

(Mon - Fri)

 

 

- Field Operations & Services and Field Traffic Managers.

60 per day

62 per day

63

 

 

 

Sat, Sun & P. Hol)

(Sat, Sun & P. Hol)

(Sat, Sun & P. Hol)

27

47.7

Incident management allowance - applies to Traffic Commanders

1002 per fortnight to

1027 per fortnight to

1048 per fortnight to

 

 

(based on grade and level of Employee)

1086 per fortnight

1114 per fortnight

1136 per fortnight

 

20.      Delete Appendix B and insert in lieu thereof the following:

 

APPENDIX B

 

Grievance Management Procedure

 

Procedure Number:     CPr20045.1

Effective Date:            31 March 2021

Review Date:               31 March 2023

1     Who is this document for?

 

All TfNSW Group Award employees

YES

All RMS Group award employees

YES

Transport Service Senior Managers and Executives

YES

TfNSW Labour Hire, Consultants and Professional Service Contractors

Refer to 3.5.6 only

All Sydney Metro Group Award employees

YES

TfNSW Labour Hire, Consultants and Professional Service Contractors

Refer to 3.5.6 only

2     Purpose and Scope

TfNSW and Sydney Metro is committed to being a safe, harmonious and productive workplace where employees can raise and discuss work-related concerns and grievances.

The Transport Grievance Management Policy sets out the responsibilities of the agency, managers and employees to manage grievances quickly and effectively.

This Procedure explains the process TfNSW and Sydney Metro managers and employees can use to manage work-related concerns.

3     Requirements

3.1   Identify a work-related concern

You may identify a work-related concern about:

Ÿ  a general work-related matter, or

Ÿ  the application of a policy or procedure.

 

All concerns you raise are managed confidentially (see 3.5.2).

Your work-related concern might be about:

Ÿ  a manager’s decision, including for example, how they’ve allocated work

Ÿ  a disagreement with another employee or manager about the way in which work is to be carried out or how a policy or procedure is interpreted

Ÿ  an interpersonal disagreement between employees, or

Ÿ  work-related concerns managed by other procedures (see 3.1.2).

3.1.1    Addressing a work-related concern

A work-related concern can often be resolved quickly and informally.

3.1.1.1   General work-related concern

If you have a work-related concern and you feel capable and safe to do so, you should discuss the matter with the other person or people involved.

The best way to do this is to:

Ÿ  find a time and place where you can talk about the matter without being interrupted

Ÿ  politely and professionally explain the issue and your concerns

Ÿ  explain how the issue is affecting you or impacting on your work, and

Ÿ  ask everyone involved if you can work together to find a solution.

3.1.1.2   Concern about application of policy or procedure

You can raise concerns about the application of a policy or procedure, including performance development outcomes, with the decision maker (who may also be your manager).

 

To do this:

Ÿ  explain your concern to the decision maker

Ÿ  identify what section of the policy or procedure you believe wasn’t applied or was applied incorrectly, and

Ÿ  ask the decision maker to explain how their decision meets the policy or procedure requirements.

 

Even when your concern is raised informally, the decision maker has an obligation to provide an explanation.

 

If you’re not satisfied with the outcome or the explanation you receive, you can consider lodging a grievance (see 3.2).

 

A grievance will not proceed if your work-related concern relates to reasonable action by your manager to direct and control how work is done or allocated or to give you feedback about your work performance. Examples of reasonable action include:

 

Action

for more information see…

setting realistic and achievable performance goals, standards and deadlines

Performance Development and Review Policy – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees, and Sydney Metro Group Award employees

Performance Development and Review Procedure – for RMS Group award employees

appropriate and fair rostering and setting of working hours

Flexible, Standard and Other Work Hours Procedure

transferring a person to another work area or role for operational reasons

Transfer and Secondment Procedure for details on approvals and consultation requirements

deciding not to promote a person where a fair and transparent process has been followed

Recruitment Selection and Appointment Procedure for TfNSW Group Award employees, Transport Service Senior Manager and Executive and Sydney Metro Group Award employees

Recruitment and Vacancy Filling Procedure – for RMS Group award employees

telling a person about their underperformance or unsatisfactory performance in an honest, fair and constructive way

Underperformance and Unsatisfactory Performance Procedure

counselling a person about their unreasonable behaviour in an objective and confidential way

your People Partner

implementing organisational changes or restructures

your People Partner

taking disciplinary action, including suspension or terminating employment where appropriate or justified in the circumstances, and

Conduct and Discipline Handling Procedure

other reasonable management action

 

3.1.2    Concerns managed by other procedures

Other procedures and processes can be used for other particular work-related concerns.

 

If the concern is about…

Use the…

Misconduct or discipline issues

Conduct and Discipline Handling Procedure

Discrimination, harassment or bullying

Bullying, Harassment and Discrimination Management Procedure

Unsatisfactory performance

Underperformance and Unsatisfactory Performance Procedure

An employee on probation

Onboarding and Probation Procedure

Drug or alcohol issues

TfNSW Drug and Alcohol Policy – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees and Sydney Metro Group Award employees

WHS Drug and Alcohol Procedure – for RMS Group award employees

Fraud, corruption, maladministration or serious or substantial waste of resources

Corrupt Conduct and Maladministration Prevention Policy – for RMS Group award employees

Fraud and Corruption Control Framework – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees and Sydney Metro Group Award employees

WHS or compensation

TfNSW Safety Management System – for TfNSW Group Award employees and Transport Service Senior Manager and Executive employees

RMS Group Safety Management System – for RMS Group award employees

Sydney Metro Health, Wellbeing and Safety Management System – for Sydney Metro Group Award employees

3.2   Lodge a grievance

 

If informal resolution isn’t possible or wasn’t successful, you can lodge a formal grievance verbally or in writing with your manager, or a more senior manager if your manager is the subject of the grievance.

When you provide information to a manager receiving or managing a grievance, they may contact Professional Standards if they believe misconduct may have occurred. Any identified misconduct is managed under the Conduct and Discipline Handling Procedure.

 

Include the following information when you lodge a grievance to help the process:

Ÿ  a clear statement that you are lodging a formal grievance

Ÿ  details of what the grievance is about, what happened and who else is involved

Ÿ  your preferred outcome for a solution.

 

The manager addressing the grievance can talk to Professional Standards or their People Partner for help and advice.

 

See 3.5.2 for information on confidentiality.

 

Everyone involved in a grievance is encouraged to access the Employee Assistance Program at any time for professional and confidential counselling services. Managers can also contact the Managers Assistance Program for advice on strategies to manage difficult issues.

 

You can access these programs either online (at https://benestar.com using Organisation ID: TfNSW and Organisation Token: TFNSW01) or by phone on 1300 360 364.

3.3   Discuss the grievance

Any meetings to discuss a grievance must be held privately and, where possible, away from the immediate work area.

Managers and employees can have a support person (see 5) at meetings.

 

3.3.1    Meet the person lodging the grievance

Once you lodge a grievance, the manager will meet with you within 24 hours or as soon as practical.

 

This meeting is used to discuss the details of the matter so that you and the manager have a clear understanding of the issues and the preferred outcome.

 

If after the discussion, the manager decides the grievance should be dealt with under this procedure, they’ll confirm with you that they will meet and discuss necessary details of the grievance with:

 

Ÿ  the ‘respondent’ (if any), that is the person who is the subject of the grievance, for example in an interpersonal disagreement, and

Ÿ  any witnesses.

At any time during the process and after discussing the grievance with Professional Standards, the manager can decide:

Ÿ  the issue should be dealt with under a different procedure and process (see 3.1.2), or

Ÿ  the grievance is vexatious or trivial (see 3.5.5).

In both cases the manager completes a Manager Grievance Report and emails it to Professional Standards at professionalstandards@rms.nsw.gov.au as well as taking other necessary action. Professional Standards liaises with the responsible People Partner in the business area on receipt of the report.

3.3.2    Meet the respondent (if any)

If the grievance is about another employee, they are the respondent to the grievance.

 

The manager meets with the respondent as soon as practical to provide information on the details of the grievance, the issues involved and the name of the person who lodged the grievance, so the respondent can respond fully to the manager and provide any relevant information.

 

The manager confirms with the respondent that the manager will discuss details of the grievance as part of meetings with any witnesses.

3.3.3    Meet with witnesses (if any)

As soon as practical, the manager meets and discusses the grievance with any witnesses that may help to confirm information or provide more details about the grievance.

 

The manager only provides necessary information about the grievance to witnesses for them to provide responses.

3.4   Finalise the grievance process

Once the manager has gathered all the necessary information they set up a meeting with those people directly involved with the grievance.

 

While a joint meeting is preferred because the strongest solutions are generated collaboratively, the manager may decide to hold separate meetings.

 

Outcomes can include:

 

Ÿ  a solution is agreed, which may include:

Ÿ  a commitment that the concern that caused the grievance will not be repeated

Ÿ  giving or receiving an apology

Ÿ  adjusting work arrangements or implementing other strategies to address systemic issues

Ÿ  coaching, mediation and/ or training for those people directly involved with a grievance

Ÿ  confirming or amending an original management decision, and/ or

Ÿ  taking other suitable action

Ÿ  the circumstances that led to the grievance have improved and no further action is needed, or

Ÿ  some issues remain or the problem can’t be solved but everyone agrees to continue to work in a professional manner and move past it.

If a solution can’t be found, the manager can ask a more senior manager to help or access additional support from Professional Standards or their People Partner.

 

Otherwise the manager confirms the outcome with the people directly involved in the grievance and ends the grievance management process.

 

Regardless of the outcome, the manager completes a Manager Grievance Report and emails it to Professional Standards at professionalstandards@rms.nsw.gov.au. Professional Standards liaises with the responsible People Partner in the business area on receipt of the report.

3.5   Other information you should know

3.5.1    Appeals

The person who lodges the grievance or the respondent can email or send an appeal to Director People and Culture Business Partnering in TfNSW or Director People and Culture in Sydney Metro no later than 21 days after an outcome has been confirmed by the manager if they believe that all or part of the process did not comply with this procedure.

3.5.2    Confidentiality

Managers are to treat work-related concerns raised with them by employees confidentially.

Everyone involved in a grievance management process must maintain confidentiality and only discuss the matter with the manager, other employees involved in the management of the issue, support persons, Employee Assistance Program personnel, or immediate family members. Any breach of confidentiality may result in disciplinary action.

3.5.3    Documentation

The person managing the grievance process must take brief and factual diary or file notes of all agreed actions and timelines and must keep all relevant documentation securely for seven years.

 

In addition the manager must complete a Manager Grievance Report and forward it by email to Professional Standards at professionalstandards@rms.nsw.gov.au (see 3.3.1 and 3.4).

3.5.4    Victimisation

Victimisation is any unfavourable treatment of a person because they raised a work-related concern or lodged a grievance, or they were a respondent to or involved in a grievance.

 

Any employee who victimises or retaliates against any person involved in a grievance may be subject to disciplinary proceedings.

3.5.5    Vexatious and trivial grievances

An employee who lodges a grievance that they know is false, or is considered trivial, or who continues to raise complaints that have been investigated and finalised, may be subject to disciplinary processes up to and including termination.

3.5.6 Work-related concerns from labour hire personnel, consultants and Professional Services Contractors

Labour hire workers or professional service contractors must raise any work-related concern with their employer, who may contact Transport for NSW about the matter. Any reports will be taken seriously and managed in accordance with the commercial agreement with the service provider and the responsibilities of Transport for NSW.

4     Related Policy and other relevant/supporting     documents

1.        Transport Grievance Management Policy

5     Definitions

 

Term

Definition

Grievance

A formal verbal or written request by an employee for a work-related concern to be addressed.

Respondent

The employee who is the subject of a grievance.

Support Person

An individual (including a Union representative) who can provide advice, guidance and support.

The support person cannot act as an advocate, or argue for the employee, but they may give advice to the employee. They may also request a break if needed.

The support person must not present a conflict of interest with the matter.

6     Tools

6.1   Process flowchart – key steps

Title: Process flowchart - key steps - Description: Flowchart illustrating the process involved in  identifying a work-related concern.

7     Document control

7.1   Superseded documents

This Procedure replaces the following documents:

 

·       TfNSW Grievance Management Procedure CPr16001.3

·       RMS Grievance Management Procedure PN 247P07

7.2   Document history

 

Date & Procedure No

Document

owner

Approved by

Amendment

notes

11 September 2020

CPr20045

Director, Industrial & Workforce Relations

Director, Industrial & Workforce Relations

New Procedure

31 March 2021

CPr20045.1

Director, Industrial and Workforce Relations

Chief People Officer

Update to confirm coverage to Sydney Metro

 

7.3   Feedback and help

 

Intranet:     MyTransport

Equip:   MyTransport’ tile on your Transport Equip home page

Phone: Solutions Centre on 133 877

Email:   tfnswhr@transport.nsw.gov.au

Do you have feedback to help improve the quality of this document, e.g. readability, accessibility, broken links, etc?

Please email Corporatepolicy@transport.nsw.gov.au.

 

21.      This variation will operate from the beginning of the first pay period to commence on or after 1 July 2021.

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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