Roads and Maritime Services (Wages Staff) Award
2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Secretary, Department of Transport.
(Case No. 201269 of 2021)
Before Commissioner Sloan
|
30 July 2021
|
VARIATION
1. Insert after
definition of "Inclement Weather" of clause 3, Definitions, of the
award published 20 March 2020 (387 I.G. 318), the following new definition:
"Materials" (see subclause 28.7) refers to the
following items that form part of, or provide substantial input to the scope of
works of the relevant maintenance or construction project and require specific
transport to the worksite on a particular workday or shift. i.e. the employee
has been given a direction by RMS to transport, including towing, the following
construction and maintenance inputs:
·
cement, sand, bitumen or aggregate;
·
·
structural steel, timber, dedicated road signage,
bulk safety signage and road barriers, bulk quantities of fasteners, precast
concrete and the like; and
·
·
road rollers, graders, bulk tanker fuel, bulk
emulsion and portable lighting towers.
(Note: The definition of materials does not extend to
the following items which are tools of trade required by employees to undertake
their daily work tasks. They are ancillary to the principal work tasks of
maintenance and construction:
- power and battery operated
tools
-
- quantities of spare
personal protective equipment
-
- packs of spray paint
·
·
odd bags of cement, sand or aggregate and
fastener consumables such as nails screws and bolts that are generally
"kitted" in an RMS vehicle.)
2. Delete
subclause 4.2 of clause 4, Area, Incidence and Duration, and insert in lieu
thereof the following:
4.2 This Award shall
commence from 1 July 2019 and shall have a nominal expiry date of 30 June 2022.
This Award rescinds and replaces the Roads and Maritime Services (Wages Staff)
Award 2017 published 9 February 2018 (382 I.G. 538).
3. Delete
subclause 5.1 of clause 5, No Extra Claims, and insert in lieu thereof the
following:
5.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall be no further claims/demands or
proceedings instituted before the NSW Industrial Relations Commission for extra
or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2022 by a party to this Award.
4. Delete
subclause 15.2 of clause 15, Hours of Work, and insert in lieu thereof the
following:
15.2 A normal working cycle
consists of 76 hours during a 10 day fortnight and:
(a) is 9 working
days within a 10 day, two week period,
(b) is 8 hours 27
minutes worked each day between 6.00am and 6.00pm. However, an Employee(s)’s
normal commencement time may be altered by agreement between the local manager
and the majority of staff to allow the Employee(s) to commence their ordinary
hours of work at 5.00am. The reason for such change may include, wanting to
leave work early on a day before a gazetted public or local public holiday or
if it is anticipated the day in question may be an extremely hot day.
(c) during this
cycle 0.88 of one hour (53 minutes) of each day worked is accrued. This
entitles an Employee to one day off in each two week cycle, known as an
"Accrued Day Off (ADO)". Wages for accrued time are paid in the
period during which it was accrued.
5. Delete
subclause title 15.5 of clause 15, Hours of Work, and insert in lieu thereof
the following:
15.5 Alternative
Arrangements
6. Delete
paragraph 15.5(a)(i) of clause 15, Hours of Work, and
insert in lieu thereof the following:
(i) 19
working days within a 20 day, four week period,
7. Delete
subclauses 16.1, 16.2 and 16.3 of clause 16, Accrued Day Off, and insert in
lieu thereof the following:
16.1 If an Employee
works a 19 day cycle under an alternative arrangement pursuant to subclause
15.5, they will receive one day off in each 20 day, four week cycle.
16.2 If an Employee
works a 4 day week they will receive two additional days off (making a total of
four) in each 20 day, four week cycle.
16.3 For accrual
purposes:
(a) each day of
paid leave an Employee takes pursuant to subclause 15.2 (normal working cycle)
or subclause 15.5 (Alternative Arrangements), is counted as a working day.
(b) any public
holidays occurring pursuant to subclause 15.2 (normal working cycle) or
subclause 15.5 (flexible arrangements), is counted as 8 hours 27 minutes.
8. Delete paragraph
20.7 (a) of clause 20, Overtime, and insert in lieu thereof the following:
(a) Subject to
subclauses 20.7(c), (e) and (f), an Employee who has worked overtime and has
not had 10 consecutive hours off duty after finishing the Employee’s last shift,
must have 10 consecutive hours off duty prior to recommencing work after the
end of the first sentence insert a new sentence as follows. Prior to
commencement of ordinary hours following the overtime worked, managers must
refer to the Fatigue Management Policy.
9. Substitute the
words 'confidential docket' with the words 'pay advice' of subclause 22.2 of
clause 22, Payment of Wages.
10. Delete subclause
23.1 of clause 23, Rates of Pay, and insert in lieu thereof the following:
23.1 The rates of pay
in this Award are set out in Table 1, Part B, of this Award. The pay rates
outlined in Table, Part B, incorporate the following wage increases:
(a) 2.04% % from
the first full pay period to commence on or after 1 July 2021,
11. Delete paragraph
24.1 (a) of clause 24, Allowances, and insert in lieu thereof the following
(a) Relevant work
related allowances e.g. Sydney Harbour Bridge Allowances, have increased by
2.04% per cent effective from the first full pay period on or after 1 July
2021.
12. Delete subclause
28.1 of clause 28, Transport Provided by RMS, and insert in lieu thereof the
following:
28.1 This clause does
not apply to Broken Hill Workshop Employees or Routine Maintenance workers.
13. Delete subclause
45.3 of clause 45, Public Holidays, and insert in lieu thereof the following:
45.3 A Local Public
Holiday may be taken as three gazetted half-days.
14. Delete Part B,
Pay Rates and Allowances, and insert in lieu thereof the following:
PART B
PAY RATES AND ALLOWANCES
MONETARY RATES
Table 1 - Rates of Pay, Non Trades (not applicable to
Broken Hill Workshop Employees)
Pay Point
|
Positions
|
Current Weekly Rates
|
Weekly
Rates
|
|
|
|
effective
from the first full pay
|
|
|
|
period
on or after 1-Jul-21 and
|
|
|
|
inclusive
of 2.04% increase
|
|
|
$
|
$
|
1
|
Roadworker Grade 1
|
1132.20
|
1155.30
|
|
Sydney Harbour Bridge Worker Grade 1
|
|
|
2
|
Roadworker Grade 2
|
1162.59
|
1186.30
|
|
Sydney Harbour Bridge Worker Grade 2
|
|
|
3
|
Roadworker Grade 3
|
1193.09
|
1217.40
|
|
Linemarker Grade 1
|
|
|
|
Building Attendant
|
|
|
|
Sydney Harbour Bridge Worker Grade 3
|
|
|
4
|
Bridge Worker Grade 4
|
1223.59
|
1248.60
|
|
Technician’s Assistant Grade 1
|
|
|
|
Works Assistant Grade 1
|
|
|
|
Road Worker Grade 4
|
|
|
|
Plant Operator Grade 1
|
|
|
|
Roller Operator
|
|
|
|
Tow Truck Attendant
|
|
|
|
Linemarker Grade 2
|
|
|
|
Storeperson Grade 1
|
|
|
|
Sydney Harbour Bridge Worker Grade 4
|
|
|
5
|
Bridge Worker Grade 5
|
1254.44
|
1280.00
|
|
Technician’s Assistant Grade 2
|
|
|
|
Road Worker Grade 5
|
|
|
|
Plant Operator Grade 2
|
|
|
|
Truck Driver (MR General)
|
|
|
|
Truck Driver (Stores)
|
|
|
|
Linemarker Grade 3
|
|
|
|
Storeperson Grade 2
|
|
|
|
Rigger Grade 1
|
|
|
|
Traffic Emergency Patroller
|
|
|
6
|
Technician’s Assistant Grade 3
|
1284.80
|
1311.00
|
|
Works Assistant Grade 2
|
|
|
|
Bituminous Spray Operator
|
|
|
|
Plant Operator Grade 3
|
|
|
|
Truck Driver (MR Gang Truck)
|
|
|
|
Truck Driver (HR Truck - General)
|
|
|
|
Water Cart Operator
|
|
|
|
Snowplough Operator
|
|
|
|
Rigger Grade 2
|
|
|
|
Truck Mounted Attenuator (TMA) Operator
|
|
|
7
|
Works Assistant Grade 3
|
1315.79
|
1342.60
|
|
Truck Driver (HR Gang Truck)
|
|
|
|
Truck Driver (Semi Trailer)
|
|
|
|
Rigger Grade 3
|
|
|
8
|
Rigger Grade 4
|
1346.17
|
1373.60
|
|
Bitumen Spray Driver
|
|
|
|
Finishing Grader Operator
|
|
|
|
Truck Driver (Tow Truck)
|
|
|
|
Barrier Transfer Operator
|
|
|
9
|
Truck Driver (Road Train)
|
1376.90
|
1405.00
|
|
Team Leader (Rigger)
|
|
|
|
Team Leader Grade 1
|
|
|
|
Team Leader (Stores)
|
|
|
|
Traffic Emergency Patroller (Team Leader)
|
|
|
10
|
|
1407.29
|
1436.00
|
11
|
|
1437.79
|
1467.10
|
12
|
Team Leader Grade 2
|
1468.52
|
1498.50
|
|
Team Leader (Tow Trucks)
|
|
|
|
Team Leader Barrier Transfer Operator
|
|
|
Table 2 - Rates of Pay, Trades (not applicable to Broken
Hill Workshop Employees)
Pay Point
|
Positions
|
Current Weekly Rates
|
Weekly
Rates
|
|
|
|
effective
from the first full pay
|
|
|
|
period
on or after 1-Jul-21 and
|
|
|
|
inclusive
of 2.04% increase
|
|
|
$
|
$
|
1
|
Painter Grade 1
|
1232.63
|
1257.80
|
|
Traffic Facilities Painter Grade 1
|
|
|
2
|
Plasterer Grade 1
|
1253.17
|
1278.70
|
3
|
Mechanical Trades Grade 1
|
1259.54
|
1285.20
|
|
Fitter Grade 1
|
|
|
4
|
Painter Grade 2
|
1263.14
|
1288.90
|
5
|
Signwriter Grade 1
|
1269.28
|
1295.20
|
6
|
Metal Fabricator Grade 1
|
1272.29
|
1298.20
|
|
Plumber Grade 1
|
|
|
7
|
Shipwright Grade 1
|
1283.32
|
1309.50
|
8
|
Painter Grade 3
|
1294.23
|
1320.60
|
|
Traffic Facilities Painter Grade 2
|
|
|
9
|
Bridge Maintenance Welder Grade 1
|
1295.61
|
1322.00
|
|
Construction Carpenter Grade 1
|
|
|
10
|
Electrician Grade 1
|
1322.98
|
1350.00
|
11
|
Painter Grade 4
|
1324.84
|
1351.90
|
|
Traffic facilities Painter Grade 3
|
|
|
12
|
Mechanical Trades Grade 2
|
1327.26
|
1354.30
|
|
Fitter Grade 2
|
|
|
13
|
Signwriter Grade 2
|
1332.6
|
1359.80
|
14
|
Metal Fabricator Grade 2
|
1335.96
|
1363.20
|
|
Plumber Grade 2
|
|
|
15
|
Bridge Maintenance Welder Grade 2
|
1360.43
|
1388.20
|
|
Construction Carpenter Grade 2
|
|
|
16
|
Signwriter Grade 3
|
1364.39
|
1392.20
|
17
|
Electrician Grade 2
|
1389.2
|
1417.50
|
18
|
Construction Carpenter Grade 3
|
1392.68
|
1421.10
|
19
|
Mechanical Trades Grade 3
|
1393.95
|
1422.40
|
|
Fitter Grade 3
|
|
|
20
|
Plumber Grade 3
|
1399.63
|
1428.20
|
21
|
|
1437.79
|
1467.10
|
22
|
Electrician Grade 3
|
1454.95
|
1484.60
|
23
|
|
1460.17
|
1490.00
|
24
|
Plumber (Team Leader)
|
1468.52
|
1498.50
|
|
Mechanical Trades Team Leader
|
|
|
|
Fitter (Team Leader)
|
|
|
|
Painter (Team Leader)
|
|
|
|
Bridge Maintenance Welder (Team Leader)
|
|
|
|
Metal Fabricator (Team Leader)
|
|
|
|
Construction Carpenter (Team Leader)
|
|
|
|
Shipwright (Team Leader)
|
|
|
|
Signwriter (Team Leader)
|
|
|
|
Traffic Facilities Painter (Team Leader)
|
|
|
25
|
Electrician (Team Leader)
|
1521.05
|
1552.10
|
Table 3 - Rates of Pay, Broken Hill Workshop Employees
Only
Positions
|
Current Weekly Rates
|
Weekly
Rates
|
|
|
effective
from the first full pay
|
|
|
period
on or after 1-Jul-21 and
|
|
|
inclusive
of 2.04% increase
|
|
$
|
$
|
Tradesperson
|
|
|
Plant Mechanic
|
1359.74
|
1387.50
|
Boilermaker
|
1359.74
|
1387.50
|
Carpenter
|
1359.74
|
1387.50
|
Painter
|
1359.74
|
1387.50
|
Electrical Fitter
|
1384.1
|
1412.30
|
Plant Operator
|
|
|
Mobile Crane Operator
|
1223.25
|
1248.20
|
General
|
|
|
Storeman
|
1201.67
|
1226.20
|
Cleaner
|
1207.12
|
1231.70
|
Labour (Fitter/Plant Mechanic)
|
1179.29
|
1203.30
|
General Labour
|
1170.02
|
1193.90
|
Labourer (Testing Laboratory)
|
1170.02
|
1193.90
|
Labourer Junior Male (19/21 years)
|
1050.56
|
1072.00
|
Labourer Hammer & Drill
|
1193.66
|
1218.00
|
Labourer (Proline Borer or Benkleman
Beam)
|
1214.32
|
1239.10
|
Apprentice - School Certificate
|
|
|
Year 1
|
721.56
|
736.30
|
Year 2
|
871.05
|
888.80
|
Year 3
|
1020.41
|
1041.20
|
Year 4
|
1170.02
|
1193.90
|
Apprentice -Higher School Certificate
|
|
|
Level
|
|
|
Year 1
|
871.05
|
888.80
|
Year 2
|
1020.41
|
1041.20
|
Year 3
|
1170.02
|
1193.90
|
Year 4
|
1319.15
|
1346.10
|
Table 4 - Rates of Pay, Apprentices (not applicable to
Broken Hill Workshop Employees)
Pay Point
|
Positions
|
Current Weekly Rates
|
Weekly
Rates
|
|
|
|
effective
from the first full pay
|
|
|
|
period
on or after 1-Jul-21 and
|
|
|
|
inclusive
of 2.04% increase
|
|
|
$
|
$
|
1
|
Apprentice 1st Year
|
551.89
|
563.10
|
|
Painter/Decorator
|
|
|
|
Signwriter
|
|
|
2
|
Apprentice 1st Year
|
561.41
|
572.90
|
|
Radio Fitter/Mechanic
|
|
|
|
Electrical Fitter/Mechanic
|
|
|
3
|
Apprentice 1st Year
|
568.71
|
580.30
|
|
Bricklayer
|
|
|
|
Civil Construction
|
|
|
4
|
Apprentice 1st Year
|
579.03
|
590.80
|
|
Plant Mechanic
|
|
|
|
Motor Mechanic
|
|
|
|
Fitter/Turner
|
|
|
|
Boilermaker
|
|
|
|
Sheetmetal Worker
|
|
|
|
Blacksmith
|
|
|
|
Trimmer
|
|
|
|
Welder
|
|
|
|
Plumber
|
|
|
5
|
Apprentice 1st Year
|
602.93
|
615.20
|
|
Carpenter/Joiner
|
|
|
|
Shipwright
|
|
|
6
|
Apprentice 1st Year
|
615.33
|
627.90
|
|
Bridge & Wharf Carpenter
|
|
|
7
|
Apprentice 2nd Year
|
715.18
|
729.80
|
|
Painter/Decorator
|
|
|
|
Signwriter
|
|
|
8
|
Apprentice 2nd Year
|
724.69
|
739.50
|
|
Radio Fitter/Mechanic
|
|
|
|
Electrical Fitter/Mechanic
|
|
|
9
|
Apprentice 2nd Year
|
731.77
|
746.70
|
|
Bricklayer
|
|
|
|
Civil Construction
|
|
|
10
|
Apprentice 2nd Year
|
742.09
|
757.20
|
|
Plant Mechanic
|
|
|
|
Motor Mechanic
|
|
|
|
Fitter/Turner
|
|
|
|
Boilermaker
|
|
|
|
Sheetmetal Worker
|
|
|
|
Blacksmith
|
|
|
|
Trimmer
|
|
|
|
Welder
|
|
|
|
Plumber
|
|
|
11
|
Apprentice 2nd Year
|
766.44
|
782.10
|
|
Carpenter/Joiner
|
|
|
|
Shipwright
|
|
|
12
|
Apprentice 2nd Year
|
778.73
|
794.60
|
|
Bridge & Wharf Carpenter
|
|
|
13
|
Apprentice 3rd Year
|
907.8
|
926.30
|
|
Painter/Decorator
|
|
|
|
Signwriter
|
|
|
14
|
Apprentice 3rd Year
|
917.44
|
936.20
|
|
Radio Fitter/Mechanic
|
|
|
|
Electrical Fitter/Mechanic
|
|
|
15
|
Apprentice 3rd Year
|
924.16
|
943.00
|
|
Bricklayer
|
|
|
|
Civil Construction
|
|
|
16
|
Apprentice 3rd Year
|
934.82
|
953.90
|
|
Plant Mechanic
|
|
|
|
Motor Mechanic
|
|
|
|
Fitter/Turner
|
|
|
|
Boilermaker
|
|
|
|
Sheetmetal Worker
|
|
|
|
Blacksmith
|
|
|
|
Trimmer
|
|
|
|
Welder
|
|
|
|
Plumber
|
|
|
17
|
Apprentice 3rd Year
|
958.36
|
977.90
|
|
Carpenter/Joiner
|
|
|
|
Shipwright
|
|
|
18
|
Apprentice 3rd Year
|
970.66
|
990.50
|
|
Bridge & Wharf Carpenter
|
|
|
19
|
Apprentice 4th Year
|
1041.17
|
1062.40
|
|
Painter/Decorator
|
|
|
|
Signwriter
|
|
|
20
|
Apprentice 4th Year
|
1050.92
|
1072.40
|
|
Radio Fitter/Mechanic
|
|
|
|
Electrical Fitter/Mechanic
|
|
|
21
|
Apprentice 4th Year
|
1057.87
|
1079.50
|
|
Bricklayer
|
|
|
|
Civil Construction
|
|
|
22
|
Apprentice 4th Year
|
1068.77
|
1090.60
|
|
Plant Mechanic
|
|
|
|
Motor Mechanic
|
|
|
|
Fitter/Turner
|
|
|
|
Boilermaker
|
|
|
|
Sheetmetal Worker
|
|
|
|
Blacksmith
|
|
|
|
Trimmer
|
|
|
|
Welder
|
|
|
|
Plumber
|
|
|
23
|
Apprentice 4th Year
|
1092.55
|
1114.80
|
|
Carpenter/Joiner
|
|
|
|
Shipwright
|
|
|
24
|
Apprentice 4th Year
|
1104.14
|
1126.70
|
|
Bridge & Wharf Carpenter
|
|
|
Table 5 - Other Rates and Allowances (not applicable for
Broken Hill Workshop Employees)
^
|
To be updated in accordance with the CE Wages Staff (Rates
of Pay) Award
|
*
|
To be updated in accordance with the NSW Treasury
Circulars
|
~
|
To be updated in accordance with clause 23.2 of the CE
(Skilled Trades) Award
|
Clause
|
Description
|
Current Rates
|
Rates
effective from the first full
|
|
|
|
pay
period on or after 1 July 2021
|
|
|
|
and
inclusive of 2.04% increase
|
|
|
$
|
$
|
Other Rates
|
|
|
24.1
|
Sydney
Harbour Bridge Allowance
|
225.10
|
229.70
|
|
Sydney
Harbour Bridge Maintenance Staff
|
|
|
Allowances
|
|
|
24.5
|
Lead
Paint Removal Allowance (per hour)
|
2.6674
|
2.7218
|
24.6
|
Asbestos
Materials Tradespersons
|
1.0968
|
1.1192
|
24.7
|
Asbestos Eradication
Tradespersons
|
2.9520
|
3.0122
|
24.3
|
Asphalt
Plant Repairs Tradespersons
|
1.0968
|
1.1192
|
24.3
|
Asphalt Plant Repairs Tradespersons
|
1.10
|
1.12
|
24.8
|
Long/Wide Loads Allowance Transport Workers
|
|
|
|
2.90m wide or 18.29m long or 4.30m high
|
2.7889
|
2.85
|
|
minimum payment
|
11.16
|
11.40
|
|
3.36m wide or 21.34m long or 4.58m high
|
5.2187
|
5.31
|
|
minimum payment
|
20.88
|
21.30
|
20.13 & 20.14
|
Meal Allowance
|
|
|
(a)
|
First meal
|
16.20
|
16.55^
|
(b)
|
Subsequent meal
|
13.90
|
14.20^
|
27.2(b)
|
Fares
|
|
|
|
per week
|
12.00
|
12.00
|
|
per day
|
2.40
|
2.4o
|
27.3
|
Travelling Allowance
|
|
|
|
3 but not more than 10 km
|
4.20
|
4.20
|
|
More than 10 but not more than 20km
|
8.30
|
8.30
|
|
More than 20 km but not more than 30km
|
12.40
|
12.40
|
|
More than 30km but not more than 40km
|
16.50
|
16.50
|
|
More than 40km but not more than 50km
|
20.70
|
20.70
|
|
More than 50km but not more than 60km
|
24.80
|
24.80
|
|
More than 60km but not more than 70km
|
29.00
|
29.00
|
|
More than 70km but not more than 80km
|
33.00
|
33.00
|
|
More than 80kms but more than 90km
|
37.20
|
37.20
|
|
More than 90km but not more than 100km
|
41.30
|
41.30
|
29
|
Distant Work
|
|
|
|
Board & Lodging
|
840.55
|
*
|
|
Broken parts of week where camp not provided
|
120.08
|
*
|
|
Breakfast
|
25.75
|
*
|
|
Lunch
|
29.35
|
*
|
|
Dinner
|
50.65
|
*
|
|
Incidentals
|
8.00
|
*
|
|
Private Vehicle over 2700cc
|
0.288
|
*
|
|
Private Vehicle 1600cc - 2700cc
|
0.288
|
*
|
|
Private Vehicle under 1600cc
|
0.288
|
*
|
Other Conditions
|
|
|
24.4
|
First Aid Allowance
|
3.93
|
4.00
|
31.1(c)
|
Insuring Tools Reimbursement for Loss
|
1945.15
|
1984.85 ~
|
15. This variation
will take effect on and from 1 July 2021.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.