Local Government (Electricians) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 121041 of 2021)
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Before Commissioner Sloan
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8 February 2022
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REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Skill
Descriptors
5. Rates of
Pay
6. Appointments
and Promotions
7. Special
Allowances
8. Tool
Allowances
9. Terms of
Employment
10. Calculation
of Service
11. Hours
12. Part-time
and Casual Employees
13. Overtime
14. On Call
15. Meal Breaks
and Allowances for Overtime Work
16. Holidays
17. Annual
Leave
18. Sick Leave
19. Carer’s
Leave
20. Bereavement
Leave
20A. Parental
Leave
21. Leave
Without Pay
22. Long
Service Leave
23. Training
24. Travelling
Allowance
25. Higher Paid
Work
26. Clothing
27. Driving of
Motor Vehicles
28. Industry
Allowance
29. Termination
of Employment
30. Redundancy
and Technological Change
31. Miscellaneous
32. Disciplinary,
Grievance and Dispute Procedures
33. Council
Agreement
34. Performance
Evaluation and Reward
35. Consultative
Mechanisms
36. Jury
Service
37. Salary
Sacrifice
38. Superannuation
Fund Contributions
39. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
SCHEDULE A
Clothing Regulations
2. Anti-Discrimination
(i) 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.
(ii) 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 an application
to vary any provision of the award which, by its terms or operation, has a
direct or indirect discriminatory effect.
(iii) 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.
(iv) 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.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
3. Definitions
(i) Discharge
means termination of an employee's service by the council as
a consequence of retrenchment, re-organisation or shortage of work or
other reasons for which the employee may not be entirely responsible.
(ii) Dismissal means
termination of an employee's service by the council for misconduct,
inefficiency, unsuitability or repeated absences from
work.
(iii) Resignation
means voluntarily leaving the service of the council.
(iv) Service means
service calculated in accordance with the provisions of Clause 10, Calculation
of Service, of this award.
(v) Council means a
Municipal, City, Shire or County Council within New South Wales.
4. Skill Descriptors
(i) Band
1 - Apprenticeship
This level will cover all apprentices and trainees
engaged in the electrical trade and associated training which may lead to
trade, technical or professional qualifications and is characterised by the
following:
Authority and accountability: Completion of tasks with
work closely monitored by the tradesperson, team leader or supervisor.
Depending on the level of skill and the degree of
training the employee may complete either work or sections of the work which
will then be checked by the tradesperson etc or may work under close
supervision. The level of authority and accountability will also be indicated
by the employee’s position on the Trainee scale. Employees' will be responsible
for the quality of their own work up to their level of skill and competence and
subject to supervision and instructions/guidance.
Judgement and problem solving: Judgement is dependent
on the level of skill and competence and the degree of training and will be
subject to co-ordination by other workers.
Specialist knowledge and skills: Specialist knowledge
and skills are obtained through on the job training and council
based induction training. This training complements that received off
the job which will lead to trade, technical or professional qualifications. The
application of the specialist knowledge and skills will depend on the stage
that the employee has reached in his/her training. Employees will be required
to follow and apply rules, regulations, guidelines, instructions
and procedures pertinent to their work.
Management skills: No skills in supervising others will
be required. Employees should be able to apply self
management skills.
Interpersonal skills: Communication with other staff in
receiving instructions and in advising of work carried out. Communication with
the public may also occur.
Qualifications and experience: Completion of School
Certificate or the Higher School Certificate may be sought but at least a
standard of education sufficient to allow entry into the appropriate course
that leads to a trade, technical or professional qualification. Completion of
an appropriate labour market program or similar short term
work/skills experience is desirable.
(ii) Technical/Trades
Band:
A key element of entry into this Band is the
requirement for a trade certificate or equivalent qualification gained through
a TAFE College or other accredited training institution.
Band 2, Level 1 Skill Descriptors
Authority and accountability: Responsible for the
completion of work requiring the application of trades or technical skills.
Assist in the provision of training as an adjunct to formal apprentice/trainee
training. Understand and implement quality control measures. Employees usually
work under general direction within established priorities, either individually
or in a team.
Judgement and problem solving: Skills in assessing
situations, determine processes, tools or approaches
to problems and provide trade guidance and assistance as part of a work team.
Specialist knowledge and skills: Position will have
demonstrated competence in a number of key skill areas
related to major elements of the job.
Management skills: Positions may require skills in the
supervision or co-ordination of small groups.
Interpersonal skills: Communication skills to explain
situations or advise others in either technical or non technical language.
Qualifications and experience: Appropriate work related trade certificate or modules of an advanced
certificate or associate diploma or specialist skills training.
Band 2, Level 2
Positions at this level require the application of
knowledge usually gained through the completion of a post trades certificate
and/or advanced certificate in an appropriate discipline.
Skill Descriptors
Authority and accountability: Responsibility as a
trainer/coordinator for the operation of a small section which uses staff and
other resources, or the employee in the position completes tasks requiring
specialised technical skills.
Judgement and problem solving: Skills to solve problems
which require assessment of options with freedom within procedural limits in
changing the way work is done or in the delegation of work. Assistance may be
available from others in solving problems. Exercise independent judgement and
initiative in assessing tasks or jobs and work practices to accomplish results
in accordance with established goals.
Specialist knowledge and skills: Positions will have
specialised knowledge in a number of advanced skill
areas relating to the more complex elements of the job.
Management skills: May require skills in supervising a
team of staff, to motivate and monitor performance against work outcomes.
Interpersonal skills: In addition to interpersonal
skills in managing others the position may have a role to explain issues/policy
to the public or others and reconcile different points of view.
Qualifications and experience: Thorough working
knowledge and experience of all work procedures for the application of
technical/trades skills which is likely to be, based upon suitable post
certificate or advanced certificate level qualifications but may be obtained
through experience and training.
Band 2, Level 3
These positions require the application of the highest
level of training within technical / trade positions. Positions at this level
are characterised by the possession and application of skills obtained through
an Associate Diploma or Electrical Engineering Certificate and experience
within a specialist area.
Positions at this level may have a supervisory role
over other technical / trades staff. This will involve the application of job
specific skills as well as the management / supervision of staff.
Work at this level requires a sound knowledge of
program, activity, policy or service aspects of the
work performed in a number of work areas.
Employees working at this level would be expected to
demonstrate their sound multi-skill or specialised skill base in positions
demanding the exercise of independence and/or authority. Employees here maybe required to co-ordinate a range of activities,
identify potential or desired outcomes; contribute critical knowledge and
skills.
Employees use judgement and initiative in studying, analysing and interpreting information with the aim of
reaching conclusions and decisions.
At this level there would be staff with accountability
for the oversight of particular operational areas or
projects where there is a requirement to establish work priorities, supervise
subordinate training and development, allocate and schedule work, liaise with
equipment suppliers, write technical reports, provide advice on improved
methods/systems of work performance and implement agreed operational programs.
Where positions at this level have supervisory responsibilities these would include the development of
appropriate training programs related to group development in the functional
area. Sound liaison and communication skills and the capacity to negotiate may
be required.
Work at this level requires a good general knowledge of
the council's operations, combined with a specialist knowledge of major
activities within the work area.
Skill Descriptors
Authority and accountability: May be responsible to provide
a specialised/technical service and to allocate, schedule and complete work
which has elements of complexity. Make recommendations within council and
represent council to the public or other organisations.
Judgement and problem solving: Problem solving and judgements are made where there is a lack of
definition requiring analysis of a number of options. Typical judgements may vary work priorities
and approaches.
Specialist knowledge and skills: Positions have
advanced knowledge and skills in a number of areas
where analysis of complex options is involved.
Management skills: May supervise groups of
trades/technical employees. Employees supervised may be in a
number of different work areas, requiring motivation, monitoring and
co-ordination to achieve specific outputs.
Interpersonal skills: Skills to communicate with
subordinate staff and the public and/or negotiation/persuasive skills to
resolve disputes with staff or the public.
Qualifications and experience: An Associate Diploma,
combined with extensive experience in the application of skills in the most
complex areas of the job but may be obtained through experience and training.
(iii) Professional/Specialist
Band
Professional/Specialist staff are employees who provide
specialist services to council and require a degree qualification. They have
specialist training which, above the band entry level is supplemented by
experience either within or outside Local Government.
Positions will require professional/specialist
expertise in the planning, development and
implementation of council services/policies. Key elements of such positions
relate to the ability to solve complex problems, integrate information in the
development of policies, take accountability for decisions and exercise
delegated authority.
The Professional/Specialist band will include both
positions which have a staff role in the provision of advice or services, and
those which manage units or functions within the council requiring management
skills in directing and controlling projects/groups.
Band 3, Level 1
This level is the entry level to the Professional /
Specialist Band and requires tertiary qualifications.
Skill Descriptors
Authority and accountability: Provides
specialised/technical services to complete assignments or projects in
consultation with other professional staff. May work with a team of technical
employees requiring the review and approval of more complex elements of the
work performed by others.
Judgement and problem solving: Problems require
assessment of a range of options having elements of complexity in reaching
decisions and making recommendations and requires the exercise of independent
judgement and initiative.
Specialised knowledge and skills: Positions require
considerable knowledge in a specific area with a sufficient level of skills and
knowledge to resolve issues having elements of complexity that may not be
clearly defined.
Management skills: Positions may manage projects
involving monitoring, motivating and co-ordination of resources.
Interpersonal skills: Persuasive skills are required to
participate in technical discussions to resolve problems, explain policy and
reconcile viewpoints.
Qualifications and experience: Professional/specialist
positions require professional qualifications to apply theoretical knowledge to
practical situations.
Band 3, Level 2
Professional/specialist positions classified within
this level cover both advisory and project management responsibilities.
At this level there would be staff with accountability
for the oversight of particular operational areas or
projects where there is a requirement to establish work priorities, supervise
subordinate training and development, allocate and schedule work, subcontract
work, negotiate with equipment suppliers, write technical reports, provide
advice on improved methods/systems of work performance and implement agreed
operational programs.
Discussions taken or delegations exercised at this
level may have major impact on the day-to-day operations. The impact, however,
is likely to be confined to the work area or function. Delegations may be
exercised and may, depending on the role and function of the position, involve
making decisions, instigating alternate courses of action, or reviewing
previous decisions.
Supervisory responsibilities may be an important
function of a position at this level, but this can vary widely depending on
factors such as work area, location, priorities, workload, operational deadlines and the availability of staff resources to assist.
At this level complex work is undertaken with limited
direction as to work priorities and the detailed conduct of the task. Positions
may have independence of action including the use and allocation of resources
within the constraints laid down by senior management. Where budgets are an
accountability of the position independence in acting within budget is
permitted.
Skill Descriptors
Authority and accountability: Provides
a specialised/technical service in the completion of work and/or projects which
have elements of complexity (composed of many parts that may be more conceptual
than definite).
Judgement and problem solving: Positions require the
interpretation of information and development of suitable procedures to achieve
agreed outcomes. Problem solving and decision making require analysis of data
to reach decisions and/or determine progress.
Specialist’s knowledge and skills: Experience in the application
of technical concepts and practices requiring additional training is required
at this level.
Management skills: May manage a
number of projects involving people and other resources requiring
project control and monitoring as well as motivation and co-ordination skills.
Interpersonal skills: Interpersonal skills in leading
and motivating staff in different teams/locations may be required, as well as
persuasive skills to resolve problems or provide specialised advice.
Qualifications and experience: Positions at this level
would have supplemented base level professional qualifications with additional
skills training. Considerable practical experience or skills training would be
required to effectively control key elements of the job.
Band 3, Level 3
Positions at this level undertake a management function
or senior specialist role or provide professional direction for a particular
program, activity or service to achieve results in
line with the corporate goals of the council. Positions at this level may be
required to undertake the allocation and monitoring of resources and to
contribute to the development of policy initiatives or corporate strategies.
Skill Descriptors
Authority and accountability: Provides
a professional advisory role to people within or outside council. Such advice
may commit the council and have significant impact upon external parties
dealing with council. The position may manage several major projects or
sections within a Department of the council.
Judgement and problem solving: Positions have a high
level of independence in solving problems and using judgement. Problems can be
multi-faceted requiring detailed analysis of available options to solve
operational, technical or service problems.
Specialist knowledge and skills: The skills and
knowledge to resolve problems where numbers of complex alternatives need to be
addressed.
Management skills: May be required to manage staff,
resolve operational problems and participate in a
management team to resolve key problems.
Interpersonal skills: Interpersonal skills in leading
and motivating staff may be required. Persuasive skills are used in seeking
agreement and discussing issues to resolve problems with people at all levels.
Communication skills are required to enable provision of key advice both within
and outside council and to liaise with external bodies.
Qualifications and experience: Tertiary qualifications
combined with a high level of practical experience and an in-depth knowledge of
work.
Band 3, Level 4
Positions at this level are the most knowledgeable and
skilled across the range of responsibilities in the professional/specialist
level Band.
Positions at this level have a high degree of autonomy
and decisions taken have significant impact on the operation of the
organisation. Delegations exercised may, depending on the role and function of
the position, involve being the final authority in the purposes of approving
expenditure of funds, undertaking specific action in line with council policy,
reviewing any previous action or decision in the work area.
Management responsibilities may form a significant
focus of positions whilst the development of guidelines, rules, regulations, procedures or instructions for either staff or other
interested parties may be co-ordinated at this level.
Skill Descriptors
Authority and accountability: Accountable for the
effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided
to executive level and to council on major areas of policy or on key issues of
significance to the organisation. The position's influence would have an
important role in the overall performance of the function.
Judgement and problem solving: Positions would
determine the framework for problem solving or set strategic plans with minimal
review by senior management.
At this level the position may represent senior
management or council in the resolution of problems. The oversight of problem
solving and assessment of the quality of judgements made by less qualified
staff will apply at this level.
Specialist knowledge and skills: Positions require
knowledge and skills for the direction and control of a key function of council
or major functions within a Department. Positions
require expert knowledge and skills involving elements of creativity and
innovation in addressing and resolving major issues.
Management skills: Positions may direct professional or
other staff in the planning, implementation and review
of major programs, as well as participating as a key member of a functional
team.
Interpersonal skills: Interpersonal skills in leading
and motivating staff will be required at this level. Positions require the
ability to negotiate on important matters with a high degree of independence.
Positions are required to liaise with the public and external groups and
organisations.
Qualifications and experience: Specialist tertiary
qualifications in an appropriate field of study combined with extensive
practical experience in all relevant areas in order to
plan, develop and control major elements of work.
5. Rates of Pay
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Apprenticeship
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1st year
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See Part B, Table 1
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2nd year
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See Part B, Table 1
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3rd year
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See Part B, Table 1
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4th year
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See Part B, Table 1
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Technical/Trades
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Level 1
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See Part B, Table 1
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Level 2
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See Part B, Table 1
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Level 3
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See Part B, Table 1
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Professional
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Level 1
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See Part B, Table 1
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Level 2
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See Part B, Table 1
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Level 3
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See Part B, Table 1
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Level 4
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See Part B, Table 1
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The rates of pay as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates, are inclusive of the adult basic wage from time to time
effective.
All rates are entry level rates of pay only, with the exception of the rates paid to apprentices which
will be actual rates of pay. An adult apprentice (i.e.
a person employed as an apprentice who is 21 years of age or over at the time
of entering into the indenture) will be paid a rate of pay no lower than that
prescribed for a third year apprentice.
Councils will introduce a salary system to complement the skills based structure and rates of pay of the award.
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation legislation will be the rate paid to the
employee under the salary system.
6. Appointments and
Promotions
(i) Where
it is proposed to make an appointment to a position within the organisational
structure of the council, the position must be advertised in a manner
sufficient to enable suitably qualified persons to apply for the position. This
may be satisfied by internal advertisement, if there are sufficient suitably
qualified employees engaged by council.
(ii) When the
decision is being made to appoint a person to a position:
(a) only a person
who has applied for appointment to the position may be selected; and
(b) from among the
applicants eligible for appointment, the applicant who has the greatest merit
is to be selected.
(iii) The merit of
the persons eligible for appointment to a position is to be determined
according to:
(a) the nature of
the duties of the position; and
(b) the abilities,
qualifications, experience and standard of work
performance of those persons relevant to those duties.
(iv) Subclauses (i), (ii) and (iii) of this clause do not apply to any
appointment by way of demotion or lateral transfer unless the general manager
decides that those subclauses are to apply to the appointment.
(v) If a position
within the organisation structure of the council is vacant or the holder of such
a position is sick or absent the general manager may appoint a person to the
position temporarily. A person appointed
to a position temporarily may not continue in that position for a period of
more than 12 months.
7. Special Allowances
(i) Allowances
Applicable - except as otherwise provided for in this award, the following
allowances will be paid to those employees who are required to hold a trade
qualification and are not in a supervisory or technical position in addition to
the rates of pay prescribed herein:
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(a)
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Whilst engaged on unusually
dirty work and/or work of a particularly offensive nature
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See Part B, Table 2
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(b)
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Whilst working in wet places or
outdoors in wet weather where clothing and/or boots became saturated, whether
by water, oil or other liquids
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See Part B, Table 2
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(c)
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Whilst working in confined
spaces, being a compartment, space or place, the dimensions of which
necessitate working in a stooped or otherwise cramped position or without
proper ventilation.
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See Part B, Table 2
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(d)
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Whilst working underground or
in trenches being 4 feet or more in depth
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See Part B, Table 2
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(e)
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Whilst working with raw sewerage
to the extent that the employee comes into physical contact sufficient that
it attaches to the employees clothes
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See Part B, Table 2
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(ii) Multiple Allowances
- allowances prescribed by this clause will be applied concurrently, one with
the other as the circumstances of the work will determine, provided that not
more than one of the allowances prescribed in subclause (i)
of this clause, is to be applied at the same time in which case the highest of
such allowance will apply.
(iii) Paid on
Overtime - allowances prescribed by this clause will apply during periods of
overtime performed outside the ordinary hours of duty, as the circumstances and
nature of the work require.
(iv) Non-Extended
Payment - allowances prescribed by this clause will apply only as the
circumstances determine and will not be applicable in the calculation of any
other benefit or entitlement except in respect of overtime, as prescribed by
subclause (v) of this clause.
(v) Allowances
Indivisible - allowances prescribed by this clause are indivisible and will be
paid at the rate prescribed for each hour or part of an hour.
8. Tool Allowances
(i) Payments
Applicable - except as otherwise provided for in this award, in addition to the
rates of pay prescribed for employees required to supply their own tools of
trade, a tool allowance as set out in item 8 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates should be paid.
(ii) Complete Tool
Kits - allowances paid to employees in accordance with this clause will be
deemed to apply in respect of a full range of tools ordinarily used in carrying
out the trade, occupation, duties and functions of the employee's appointed
classification and the employee will if requested to do so, furnish a list of
such tools which are provided for use on the job.
(iii) Ownership of
Tools - tools for which allowances are paid will remain the property of the
employee but will be kept in proper working condition and will be available for use by the employee at all times in the
exercise of the employee’s duties.
(iv)
(a) Compensation
for Loss of Tools - tools, in respect of which an allowance is paid, will be replaced or paid for by the council in the event of their
loss or damage by fire or other cause beyond the employee's control, or in the
event of their theft during any act of breaking and entering of premises or
council property outside the ordinary working hours provided such tools were kept
in accordance with any established provisions for their security.
(b) Provided that
this sub-clause will not apply if the council has requested the employee to
supply a list of tools required to be kept on the job and the employee has not
supplied such a list. The council has the right to inspect the employee's tools
at regular intervals to ensure that they match the list supplied by the
employee and that they match the requirements of the job. The employee will be
liable to pay the amount as set out in item 8 of the said Table 2 of each claim
for compensation.
(v) Special Purpose
Tools - allowances prescribed by this clause will not cover tools required for special
uses or purposes outside of the ordinary trade functions of the employee's
classification.
(vi) Proper Use of
Tools - tools, and other such equipment, implements or articles, issued to an
employee will be used only in the course of employment duties, and for the
purpose for which they are supplied.
(vii) Care of Tools -
employees will be responsible for the proper upkeep of all tools, and other
such equipment, implements and articles, issued for their use, and will replace
or pay for any such items lost or damaged through misuse or negligence as
deemed to be just and reasonable in the circumstances.
(viii) Payment for
Other Purposes - allowances prescribed by this clause will apply during periods
of absence on annual leave, sick leave, long service leave
and award holidays, but will not be accountable in the calculation of any
entitlement and/or payment for accrued leave made to the employee upon
termination of service.
(ix) Allowances
Indivisible - allowances prescribed by this clause are indivisible, except
where the allowance has commenced, or ceases to be paid, on a date which does
not coincide with the usual pay period. In this event, the allowance may be
divided by one-fifth for each award-paid day, or part of a day.
9. Terms of Employment
(i) Employees
may by mutual agreement be paid by either the week, fortnight
or other period.
(ii) Council may pay
by cash, cheque or direct credit to the employee's
nominated account. Where council pays by cheque or direct credit, all charges
ancillary to such payments will be met by council.
(iii) Each council
will fix a regular payday for the payment of wages where mutually agreed upon
between the council and the employee. Council may alter the payday if there is
prior agreement with employees.
(iv) If the council
and employees cannot agree to alter the method of payment of wages, the dispute
procedure is to be followed.
10. Calculation of
Service
(i) Except
where herein provided an employee’s service with the council will for all
purposes of the award be taken to be that continuous period from the date of
commencement to the date of termination of employment.
(ii) The following
periods will be included in the calculation of the employees' service with the
council: -
(a) Any service
with a city, municipality, shire or county council in
NSW from which the employee has been directly transferred including transfer
resulting from a merger, amalgamation or transfer of functions to any newly
created public or private authority.
(iii) The following
periods will be deducted from the calculation of the employee’s service with
the council:
(a) all absences
taken without payment unless specifically approved and accepted by the council
as service and excepting periods of unpaid sick leave.
(b) any period of
employment as a casual employee in accordance with this award.
11. Hours
A. Spread of Hours
(i) The
ordinary hours for all employees will be worked between Monday and Friday and
will not exceed 12 hours in any one day exclusive of unpaid meal breaks.
(ii) Commencing and
finishing times within or outside the spread of hours Monday to Friday as
specified in paragraph (i) of this subclause may be
altered by Agreement between management and the employees concerned. At any stage of discussions either the
employee(s) or the council may seek assistance from the union or association.
(iii) Existing
commencing and finishing times of employees covered by this award will only
change by agreement between those employees and management.
(iv) An unpaid meal
break of a minimum of 30 minutes will be given and taken within the first 5
hours continuous work. Thereafter, a paid meal break
not exceeding 20 minutes will be given and taken after a further 5 hours
continuous work.
(v) An employee will
not at any time be compelled to work more than 5 hours without a break for a
meal. If an employee is required to work during the normal meal break then the employee will be paid time and one half rates
until the meal break is given.
B. Arrangement of
Hours
Subject to subclause A, Spread of Hours of this clause,
the arrangement of hours will be:
(i)
(a) The ordinary
hours of work for employees in the professional/specialist band and other
employees who worked 35 hours per week prior to the making of this award, will
be 35 hours per week.
(b) The ordinary
hours of work for such employees will be arranged on one of the following
bases:
35 hours within one week provided
that at least two days off will be granted; or
70 hours within two weeks
provided that at least four days off will be granted;
or
105 hours within three weeks
provided that at least six days off will be granted;
or
140 hours within four weeks
provided that at least eight days off will be granted.
(ii) The ordinary
hours of work for all other employees will be 38 hours per week arranged on one
of the following bases:
38 hours within one week provided that at least two
days off will be granted; or
76 hours within two weeks provided that at least four
days off will be granted; or
114 hours within three weeks provided that at least six
days off will be granted; or
152 hours within four weeks provided that at least
eight days off will be granted.
(iii) A different
arrangement of hours to that provided for in paragraphs (i)
and (ii) of this subclause may be agreed upon between management and the
employees concerned. At any stage of discussions either the employee(s) or
council may seek assistance from the union or association.
C. General
(i) Any
agreement to alter the spread or arrangement of hours as existed prior to the
introduction of this award must be genuine with no compulsion to agree.
(ii) If no agreement
can be reached between the employees and council concerning the spread or
arrangement of hours then the matter will be referred to the appropriate
industrial tribunal.
12. Part-Time and
Casual Employees
(i)
(a) A part-time employee
will mean an employee who is engaged to work a regular number of hours which
are less than the full-time ordinary hours prescribed by the award.
(b) Such employee
will receive all the conditions prescribed by the award on a pro-rata basis of
the regular hours worked.
(c) Where a public
holiday falls on a day which a part-time employee would have regularly worked,
the employee will be paid for the hours normally worked on that day.
(d) Nothing in this
clause will restrict council's ability to enter into
job sharing arrangements with its employees.
(ii)
(a) A casual
employee will mean an employee engaged on a day to day
basis.
(b) A casual
employee will be paid a twenty per cent loading on the appropriate hourly rate
for every hour worked. This loading will
be paid in lieu of all leave prescribed by the award.
(c) A casual
employee will not replace an employee of council on a permanent basis.
13. Overtime
(i) Except
where otherwise provided, all time worked by direction before the agreed commencement
of ordinary hours or later than the agreed completion of ordinary hours will be
paid for at the rate of time and a half for the first two hours and double time
thereafter.
(ii) Overtime worked
on Saturday will be paid for at the rate of time and a half for the first two
hours and double time thereafter, provided any
overtime worked after 12 noon Saturday will be paid at double time.
(iii) Overtime worked
on Sunday will be paid for at the rate of double time.
(iv) Overtime worked on
any day, whether in broken periods or not, will be regarded for the purposes of
the payment of overtime as continuous.
(v) An employee
recalled to work overtime without receiving prior
notice before ceasing work will be entitled to a minimum of four hours pay at
the appropriate overtime rate for each time the employee is so recalled or
performs such work. Provided that any subsequent call backs occurring within a
four-hour period of a call back will not attract any additional payment. Except
in the case of unforeseen circumstances arising, the employee will not be
required to work the full four hours if the job the employee was recalled to or
which the employee was required to perform is completed within a shorter
period. This subclause will not apply in cases where the overtime is
continuous, subject to a reasonable meal break, with the completion or
commencement of ordinary working time or where it is customary for an employee
to return to the place of work to perform a specific job(s) outside the employee's
normal hours.
(vi) An employee
required to work overtime will be entitled to have at least 10 consecutive
hours off duty between the completion of overtime on one day and the
commencement of ordinary hours on the next working day without loss of pay. If
an employee is instructed to resume work without having had 10 consecutive
hours off duty, the employee will be paid at double ordinary rates until
released from duty and then will be entitled to a 10-hour break without loss of
pay for hours normally worked. This
subclause will not apply to employees on a call back unless required to work
for four hours or more.
(vii) Overtime will be
claimed within 30 days of it being worked.
(viii) Where there is
prior agreement between the council and the employee, an employee directed to
work in excess of ordinary hours may elect either to
be paid the appropriate overtime rate or be granted equivalent time off in lieu
of the hours worked.
(ix) Where an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport, including the employee’s own vehicle, are not available the
council will provide the employee with a conveyance to the employee’s home or
pay the employee at the ordinary time rate of pay for the time reasonably occupied
in reaching such home. The employee will be required to advise council at the
time that the overtime is being arranged that the employee will be unable to
conveniently travel home after working overtime.
14. On Call
(i) For
the purposes of this award, an employee will be deemed to be on call if
required by the council to be available for duty outside of
ordinary hours at all times in order to attend emergency and / or
breakdown work.
(ii) Employees who
are required to be on call are not required to remain at their usual place of
residence or other place appointed by council. However, an on
call employee must be able to be contacted and be fit for duty and is
required to proceed directly to and from the job without any unnecessary delay.
(iii) Employees
required to be on call for any period outside their ordinary hours will be paid
an on call allowance as set out in item 14 of Table 2
- Other Rates and Allowances of Part B, Monetary Rates, whilst the employee is
required to be on call.
(iv)
(a) Any employee
engaged prior to 1 July 1995 who is placed on call and is required to work
outside his/her ordinary hours will be entitled to be paid double time for the
time worked.
(b) For an employee
engaged prior to 1 July 1995 the minimum time payable for each call out will be
based on at least one hour at double time.
(c) For an employee
engaged on or after 1 July 1995 who is placed on call and is required to work
outside his/her ordinary hours will be entitled to be paid overtime at the
appropriate rate for time worked.
(v)
(a) Any employee
engaged prior to 1 July 1995 who is required to be on call on a public holiday
will have one day added to the employee's annual leave.
(b) Any employee engaged
on or after 1 July 1995 who is required to be on call on a public holiday will
have one half day added to the employee’s annual leave.
(vi) Employees on
call and standing by will not be required to be constantly available for on
call duties beyond a period of four weeks, where there are other employees
available for such duty. Where there are no other employees available for
inclusion on a roster then the employee concerned will have at least one
weekend (comprising two consecutive days) off duty in each period of four weeks
without reduction of the allowance paid.
(vii) The allowance
paid under this clause will continue to be paid to the employee during periods
of annual leave, long service leave, sick leave and
workers compensation, on the basis of his/her usual payment, provided that the
employee has been on call and standing by constantly for a period of at least
one month prior to such leave occurring.
(viii) For the purpose
of this clause a call out will commence from the time the employee receives
notification of a call out and ceases when the employee has returned home from
such call out.
15. Meal Breaks and
Allowances for Overtime Work
(i) An
employee who, having been so instructed, works overtime for two hours or more
prior to the agreed commencing time will be paid a meal allowance as set out in
item 15 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.
(ii)
(a) An employee
who, having been so instructed, works overtime for 1 1/2 hours or more
immediately after the agreed finishing time will be allowed a meal break of 20
minutes which will be paid for at the appropriate overtime rate. The employee
will also be entitled to a meal allowance as set out in the said item 15.
(b) Where overtime
worked continues immediately after the agreed finishing time for 4 hours or
more the employee will be allowed a further meal break of 20 minutes which will
be paid for at the appropriate overtime rate. The employee will also be
entitled to a meal allowance as set out in item 15 of the said Table 2.
16. Holidays
(i) The
days on which holidays will be observed are as follows: New Year's Day,
Australia Day, employees picnic day (to be held on such day as is mutually
agreed between the council and the majority of all of
its employees) Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queens
Birthday, Labour Day, Christmas Day, Boxing Day and/or proclaimed public
holidays.
(ii) Where any of
the holidays prescribed by this award fall on a day ordinarily worked by the
employee, the employee will not have a reduction in ordinary pay.
(iii) An employee who
absents himself/herself from duty without the approval of the council on the working
day prior to and the working day following any holiday will not be entitled to
payment for such holiday.
(iv)
(a) For an employee
engaged prior to 1 July 1995, time worked on a holiday by that employee within
the employees normal working hours will be paid for at double ordinary rates
for the time so worked in addition to the ordinary days
pay.
(b) For any employee
engaged prior to 1 July 1995, time worked on a holiday by that employee outside
the employees normal working hours will be paid for at double
and one half ordinary rates.
(c) For any
employee engaged on or after 1 July 1995, who is required to work on a holiday
as prescribed by this clause, the employee will be paid at double time and a
half inclusive of payment for the day with a minimum payment of 4 hours worked.
(d) Where an
employee is required to work ordinary hours on a holiday as prescribed by this
award, the council and the employee may agree that the employee be paid time
and a half for the hours worked on the holiday and in addition be granted a day
off at ordinary time for the holiday. Such leave will be taken at a mutually
convenient time.
17. Annual Leave
(i) Annual
leave of absence, consisting of four weeks at the ordinary rate of pay
exclusive of award holidays observed on a working day, will be granted to an
employee who has given twelve months' service and will be taken on its due date
or as rostered within the ensuing twelve months, excepting under special
circumstances as approved by the council whose decision will be final.
(ii)
(a) Where a
rotating annual leave roster, as agreed upon by the council and the Union
concerned, is put into operation, for the purpose only of working of such
roster system, the council may allow annual leave to be taken before its due date.
(b) Where an
employee has been allowed annual leave before its due date and the employee’s
service is terminated any amounts paid in advance of the entitlement will be
deducted from the termination pay.
(iii) On resignation
or termination of employment, the council will pay to the employee any accrued
annual leave. In addition, the employee will be paid annual leave on a
proportionate basis being equal to one twelfth of the employee's ordinary
weekly rate of pay for each completed week of service. The amount payable will be calculated
according to the ordinary rate of pay applicable at the date of termination of
service.
Provided that the employee will not receive payment for
more than four weeks annual leave for any period of twelve months.
(iv) Annual Leave
Loading - Employees entitled to annual leave under this award will receive, in
addition to such entitlements, a monetary loading of seventeen and one half per
cent, calculated and payable as follows:
(a) Such loading will
apply only to annual leave entitlements and not to any additional days (or
other time) added to an employee's annual leave to compensate for working on an
award holiday or for any other reason or purpose provided for by this award.
(b) Payment of the
loading will be calculated upon the employee's ordinary time rate of pay
pertaining at the time such leave is taken or otherwise discharged.
(c) When the
employment of an employee is terminated by council for any reason other than
misconduct and such employee has not taken the whole of the annual leave
entitlement accrued, other than any pro-rata annual leave entitlement, the
employee will be entitled to loading on such accrued annual leave.
(d) Where, by
arrangement with the council, annual leave is taken in advance of it falling
due, such loading may at the council’s discretion also be applied in advance
with the leave taken.
(e) Such loading
will be paid at the commencement of each period of annual leave as taken (i.e.,
not later than the employee's usual ceasing time on the last working day prior
to the employee going on leave).
18. Sick Leave
(i) An
employee who is unable to attend for duty due to illness or injury will be
entitled to sick leave of absence without deduction of pay on the following
conditions:
(a) the employee
may be required to produce or forward evidence satisfactory to the council that
the illness or injury is such that it justifies the time off and does not arise
from serious misconduct and;
(b) that the illness
or injury does not arise from engaging in other employment concurrent with
employment with the council; and;
(c) that the
illness or injury does not arise out of or in the course of employment such
that it is compensable under the relevant Workers Compensation legislation and;
(d) that proof of
incapacity such as to justify payment must be given after more than two days
absence or after three separate periods of absence in each service year and;
(e) that employees
engaged prior to 1 July 1995 will be entitled to accumulate sick leave upon
completion of the following continuous service with council:
|
After first 3 months an initial
|
3 days
|
|
After first 6 months a further
|
4 days
|
|
After first 12 months a further
|
8 days
|
|
After first 18 months a further
|
6 days
|
|
After first 24 months a further
|
9 days
|
|
After first 36 months a further
|
15 days
|
|
After first 48 months a further
|
15 days
|
|
After first 60 months a further
|
18 days
|
|
After each additional 12 months a further
|
18 days
|
or
(f) That employees
engaged on or after 1 July 1995 will be entitled to accumulate sick leave on the basis of 5 days after 3 months service with the
council provided that after each 12 months service the employee will be
entitled to 15 days sick leave.
(ii) Sick leave not
taken will accrue and accumulate and will be taken with the last entitlement
being taken first.
(iii) Where an
employee has had 10 years service with the current
council and has exhausted all sick leave available, the council may grant such
additional sick leave as, in its opinion, the circumstances warrant.
(iv) In the event of
the retirement of an employee who was engaged by council prior to 1 July 1994
the employee will be paid all untaken sick leave accrued at the current council
standing to the employee’s credit at the date of retirement subject to the
provisions of Section 14 of Schedule 4 of the Industrial Relations Act
1996.
Retirement age means termination of an employee's service
with the council at any time after the employee attains the age of 55 years.
(v) If the employee
becomes sick or is injured whilst on annual leave and produces within a
reasonable time, satisfactory medical evidence that the employee is unable to derive
benefit from annual leave, the employee will be granted, at a time convenient
to council, additional leave equivalent to the period of sickness or injury
occurring within the scheduled period of annual leave;
provided that the period of sickness or injury is at least seven consecutive
days.
(vi) If the employee
becomes sick or injured whilst on long service leave and produces within a
reasonable time satisfactory medical evidence that the employee is unable to
derive benefit from the taking of such long service leave, the employee will be
granted, at a time convenient to the council, additional leave equivalent to
the period of sickness or injury occurring within the scheduled period of long
service leave, provided that the continuous period of sickness or injury is
equivalent to at least one quarter of the period of long service leave taken,
or two weeks, whichever is the shorter period and provided further, that such
leave will be debited against the employee's sick leave entitlement.
(vii) Accumulated sick
leave will be transferable on change of employment from one council to another
council within New South Wales to the extent of not more than 13 weeks.
(viii) The council may
request employees to attend council’s doctor at council’s cost.
19. Carer’s Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 19(1)(c) who needs the employee’s care and support, will be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 18, Sick Leave, of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
(b) The employee
will, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) The
employee being responsible for the care of the person concerned; and
(ii) The person
concerned being:
(a) A spouse of the
employee; or
(b) A de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) A child or an
adult child (including an adopted child, a step child,
a foster child or an ex nuptial child), parent (including a foster parent and
legal guardian), grandparent, grandchild or sibling of the employee or spouse
or de facto spouse of the employee; or
(d) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) A relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
will, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee will notify the employer by
telephone of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
will discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 32, Disciplinary, Grievance and Dispute
Procedures, should be followed.
(2) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 19(1)(c) above who is ill or who requires care due
to an unexpected emergency.
(3) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part of a day, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, will be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee and
council may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the purpose
only of providing care and support for a person in accordance with subclause (1)
of this clause, and despite the provisions of 13, Overtime, the following
provisions will apply.
(b) An employee may
elect, with the consent of the council, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within 12 months of the
said election.
(c) Overtime taken
as time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates will be made at the expiry of the 12 month
period or on termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee will
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may
elect, with the consent of the council, to work "make-up time", under
which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours
provided in the award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the council, to work "make-up
time" (under which the employee takes time off ordinary hours and works those
hours at a later time), at the shift work rate which
would have been applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may elect,
with the consent of the council, to take rostered days off in part day amounts.
(c) An employee may
elect, with the consent of the council, to accrue some or all rostered days off
for the purpose of creating a bank to be drawn upon at a time mutually agreed
between the council and employee, or subject to reasonable notice by the
employee or the council.
(d) This subclause
is subject to the council informing each union which is both party to the award
and which has members employed at the particular enterprise
of its intention to introduce an enterprise system of RDO flexibility and
providing a reasonable opportunity for the union(s) to participate in
negotiations.
(7) Personal Carers
Entitlement for casual employees
(1) Subject to the
evidentiary and notice requirements in 19(1)(b) and 19(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 19(1)(c) of this clause who are
sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
(2) The employer and
the employee will agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per
occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
20. Bereavement Leave
(i) An
employee other than a casual employee will be entitled to up to two days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
(iii) Bereavement
leave will be available to the employee in respect to the death of a person
prescribed for the purposes of clause 19(1)(c)(ii) of this award provided that
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An employee will
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclause
19(2), (3), (4), (5) and (6) of this award. In determining such a request, the
employer will give consideration to the circumstances
of the employee and the reasonable operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 20(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 19(1)(c) of clause 19, Carer's Leave.
(b) The employer and
the employee will agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per
occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
20A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions will also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
will consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 20A(3)(a)(ii) and 20A(3)(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
20A(3)(a)(iii), such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer will take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
will take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
will also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
21. Leave Without Pay
(i) Periods
of leave without pay other than approved sick leave without pay taken at a time
mutually convenient to Council and the employee will not be regarded as service
for the purpose of computing long service leave, sick leave, annual leave or annual leave loading. Such periods of leave without pay will not
however, constitute a break in the employee's continuity of service.
(ii) Where an
employee is absent from work on approved leave without pay, he/she will not be
entitled to payment for any holiday which occurs during the period of absence.
22. Long Service Leave
(i) Except
as hereinafter provided, an employee upon completion of 10 years continuous
service with the presently employing Council will be entitled to long service
leave on full pay as follows:
(a) For employees
engaged by the Council prior to 1 July 1995
|
Length
of Service
|
Quantum
of Leave
|
|
After 10 years
|
13
weeks
|
|
After 15 years
|
a
further 8.5 weeks
|
|
After 20 years
|
a
further 13.5 weeks
|
|
After every completed period of
5 years
|
a
further 13 weeks
|
(b) For employees
engaged by the Council on or after 1 July 1995
|
Length of Service
|
Quantum
of Leave
|
|
After 10 years service
|
13
weeks
|
|
After 15 years service
|
a
further 6.5 weeks
|
|
After 20 years service
|
a
further 11 weeks
|
|
For every completed period of 5 years
service thereafter
|
11
weeks
|
(ii) Where an
employee has completed at least five years service
but less than ten years service with the Council, and
his/her employment is terminated by the Council for any cause or by the
employee on account of illness or incapacity or domestic or other pressing
necessity or death, the Council will pay to such employee the monetary
equivalent of a proportionate amount on the basis of 1.3 weeks
pay for each year of service computed in monthly
periods.
(iii) Long service
leave will be taken at a time mutually convenient to the Council and employee
in minimum periods of 4 weeks provided that all long service leave accruing on
or after 23 June 1988 will be taken within 5 years of it falling due at a
mutually convenient time.
(iv) For the purpose
of this clause continuity of service will be deemed not to have been broken by
transfer or change of employment from one Council to another provided the
period between cessation of service with one Council and appointment to the
service of another Council does not exceed three months and such period is
covered by accrued annual and long service leave standing to the credit of the
employee at the time of transfer; provided further that the employee concerned
does not accept employment of any kind during the period of paid leave between
the cessation of service with one Council and appointment to the service of
another council.
(v) For the purpose
of this clause service will include the following periods;
(a) In the case of
an employee transferred to the service of a Council of a new or altered area -
any period of service with the Council from which such employee was
transferred.
(b) Service will
mean all services with a Council irrespective of the classification under which
the employee was employed.
(c) There will be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by Council as
service at the time leave was taken but excepting periods of unpaid sick leave.
(vi)
(a) For the purpose
of calculating long service leave entitlement in accordance with subclause (i) of this clause, all prior continuous service with any
other Council or Councils will be deemed to be service with the Council by
which the employee is currently employed.
For the purpose of this
subclause continuous service will be in accordance with subclause (iv) of this
Clause.
(b) Where an
employee transfers from one Council to another, the former Council will pay to the
newly employing Council the monetary equivalent of long service leave for the
period of service computed in completed months with the former Council and in
respect of which long service leave has not already been taken or paid for in
lieu and calculated on the basis prescribed in subclause (i)
of this clause at the rate of salary payable on the date of transfer of the
employee.
Where an employee has completed at least 10 years
continuous service with the Council and previously employing Council(s) as prescribed
in this Clause, the employee may elect to be paid the monetary equivalent of
the entitlement to such leave in lieu of having the monetary equivalent of long
service leave standing to the employee's credit transferred to the newly
employing Council.
A statement showing all prior continuous service with
the Council or Councils of the employee concerned will be furnished together
with details of the assessment of the amount forwarded. Upon receipt of such
amount the money will be paid into a long service leave reserve account and
suitable notations made in the Council's Long Service Leave Record.
(vii) All long service
leave already taken with the Council and with other
Councils or bodies established under Local Government Legislation, and/or the
equivalent of any such leave represented by a cash payment in lieu of such
leave paid to the employee upon termination of service with any such bodies,
will be deducted from the accrued leave at credit to the employee, as
calculated in accordance with this Clause.
(viii) A Council which
has received under paragraph (b) of subclause (vi) of this clause a monetary
equivalent for Long Service leave entitlement to cover an employee's period of
service with a previously employing Council or Councils will if the employee
subsequently leaves the service of that employing Council to seek employment
outside Local Government before a long service leave entitlement has become
due, refund to such previously employing Council(s) any amount(s) which were
received as monetary equivalent from such Council(s).
(ix) Payment to an
employee proceeding on long service leave will be made by Council before the
employee enters upon the leave.
(x) When the
service of an employee with more than 10 years service
is terminated for any cause, long service leave will be deemed to have accrued
for the employee’s total length of service and an amount equivalent to such
accrued long service leave, less such leave already taken, computed in monthly
periods will constitute the employee’s entitlement.
(xi) Where an
employee has become entitled to a period of leave, and the employee’s
employment is terminated whether by resignation, death or dismissal for any
cause, the employee will be deemed to have entered upon leave at the date of
termination of such employment and will be entitled to payment accordingly.
(xii)
(a) For employees
engaged by Council prior to 1 July 1995 long service leave will be exclusive of
all award holidays which occur during the period of such leave.
(b) For employees engaged
by Council on or after 1 July 1995. Long service leave provided by this Clause
will be exclusive of annual leave but inclusive of any other holidays occurring
during the taking of any period of long service leave.
(xiii) When the service
of an employee is terminated by death the Council will pay to the employee's
spouse or dependent children or legal representative the monetary equivalent of
any untaken long service leave standing to the employee's credit at the time of
death as determined by the Council
(xiv) Full pay shall
mean the salary prescribed in this award and in the case of an employee who
enters upon a period of leave such salary as is applicable to the said period
of leave. In the case of an employee who dies after having become entitled to
but not having entered upon a period of leave such salary as is applicable at
the date of such death.
23. Training
A. Trade Union
Training Leave
(i) An
employee may make application to the council for paid leave to attend a trade
union training course. The granting of such leave is subject to the council's
approval both in respect of the aggregate leave provided and the number of
employees attending.
(ii) A council’s
approval of any application for leave provided by this clause is subject to:
(a) The taking of
the leave will be dependent upon the council being able to make adequate
staffing arrangements.
(b) Courses should
be legitimate training courses run by or approved by the Trade Union Training
Authority (TUTA) when relevant approved education content of an industrial
relations nature, and not courses run by trade unions or T.U.T.A. for the
conduct of union business or any furtherance of their own affairs.
(c) Training
courses should be for union delegates or workplace representatives for whom the
approved course is of relevance.
(d) Written
application and at least six weeks notice for release
of employees should be made to the council by the official union body. (Council
may accept a period of notice which is less than six weeks). A copy of the
course syllabus should accompany every application.
(e) Paid leave will
be at the ordinary rate of pay for ordinary working hours only, with no
reimbursement for overtime, travel time, expenses of other award benefits.
(f) An employee
must have one year's service with council before leave can be granted.
(g) Leave granted
will not incur additional payment to the extent that the course attended
coincides with an employee’s rostered day off or other concessional leave.
(h) No council will
be called upon to pay more than 10 days leave per calendar year irrespective of
the number of council's employees who attend the above
mentioned courses. Such leave
will not accumulate from year to year.
B. Council
Training
(i)
(a) The parties to
this award recognise that in order to increase the
efficiency and productivity of the industry a greater commitment to training
and skills development enhancement and maintenance is required.
Accordingly, the parties commit themselves to:
1. developing a
more highly skilled and flexible workforce;
2. providing employees
with career opportunities through appropriate training to acquire additional
skills; and
3. removing
barriers to the utilisation of skills acquired in accordance with the training
plan.
(b) Council will
develop a training plan consistent with:
1. the current and
future skill needs of the Council;
2. the size,
structure, and nature of the operations of the council;
3. the need to
develop vocational skills relevant to the council employees and the Local
Government industry through courses conducted by both public and private
providers.
(c) If an employee
is required to undertake a course which will develop skills relevant to the
current and future needs of the council and the industry, and is consistent
with the council's training plan:
1. The council
will grant the employee paid leave to attend course requirements where the
training is undertaken during ordinary working hours;
2. Where the
course requirements contain more than a 15% off-the-job component calculated
over any 12-month period the extent to which council will grant paid leave to
attend such course requirements must be specified in the training plan.
3. Council will
pay course fees at the commencement of each stage but will not pay if the
employee is repeating; and
4. Council will
either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements.
(d) Council may
grant an employee undertaking a course consistent with council's training plan,
although not at council's requirement, leave with pay or leave without pay to
attend course requirements provided that the employee gives reasonable notice
of such requirements. Where the employee is not granted such leave council will
give preference in granting annual leave or other accrued leave to attend
course requirements provided that the employee gives reasonable notice of such
requirements. Council may pay course fees at its discretion.
(ii) Entry Level
Training
Entry level training includes:
(a) Induction level
training which adjusts and enhances skills learned outside of the Local
Government industry to the service criteria of a tier of Government;
(b) Career
Foundation training that allows new employees to earn skills within a
particular vocation appropriate to Local Government, such as Australian
Traineeship Scheme (ATS) students; apprenticeship students; or technical and
professional students.
(iii) Career Path
Development
(a) This award
provides councils and employees with the opportunity to develop career
structures within the award. The emphasis of the career path is to provide and
develop new skills through a structured training program to allow mobility
through skill bands. The establishment of skill-related career paths will
provide an incentive for workers to continue to participate in skills
formation.
(b) To provide for
genuine and equitable career path opportunities, employees covered by this
award will be given reasonable opportunity to progress by participating in the
training plan.
(iv) Multi-Skilling
(a) This award aims
to develop a workforce with a wide range of skills and abilities by providing
employees with an opportunity to build long term career paths. It also aims to
eliminate impediments to multi-skilling and broadening the range of tasks which
a worker may be required to perform. In this way, the award ensures that work
patterns and arrangements enhance flexibility and the efficiency of the
industry.
(v) Training Modules
(a) A training
module is a stand-alone course which supplies part of the required training for
each step within the skill band.
(b) Training
modules are designed to allow each council to choose the modules relevant to
its skills requirements, and employee to choose the modules that further their
careers.
(vi) Training Plan
(a) This award
allows for each council to construct a training plan that sets out the modular
courses that are relevant to its skills maintenance, development
and enhancement in accordance with the skills bands and levels of this award.
(b) A training plan
will be designed in consultation with the consultative committee from an
analysis of training needs identified within each council.
(c) Selection of
participants to receive council required training in accordance with council's
training plan is to be based on merit.
(vii) Skills Applied
(a) In order that
both employees and employers have confidence in the ability of employees to
apply skills acquired through the training provisions of this award, skill
standards are expressed in terms of competencies and application of skills is
expressed in terms of performance criteria.
(b) Competencies -
A competency is the ability to perform the activities within an occupation or
function to the standard expected in employment. Key features of competencies
are:
1. related to
realistic workplace practices;
2. expressed as an
outcome;
3. capable of
demonstration and assessment;
4. complementary
to their performance criteria
5. comprehensible
to trainees, supervisors and employers; and
6. for complex and
non-routine work, expressed in terms that allow for critical thinking, problem
solving and the possibility of no one correct solution.
(c) Performance
Criteria - Performance criteria are statements by which an assessor evaluates
the evidence that an individual can perform the activity specified in a
statement of competence to a level acceptable in employment including measures
of quality as well as quantity where appropriate.
Performance criteria should consist of outcomes and
evaluative statements.
(viii) Skills Acquired
Acquired skills are to be assessed both on and off the
job to supply objective evidence to council that employees have acquired the
necessary skills through training.
24. Travelling
Allowance
(i) The
provisions of this clause will not be applicable to employees who are required
to start and/or finish in the council depot, workshop
or other agreed starting point. Nor will it be applicable to employees who are
provided, or the council has offered to provide, transport from the employee’s
residence or normal starting point to the work site and return, free of charge
to the employee.
(ii) An employee who
is required to commence and/or finish work at a location away from the
employees normal starting point at the normal starting and/or finishing times
or is required to start overtime work at a location away from the normal
starting place will be paid a travelling allowance as set out in item 24 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates:
Where the employee works at a distance from the depot
greater than:
|
0 but not more than 10 km
|
See Table 2 - Other Rates and Allowances
|
|
More than 10km but not more than 20km
|
See Table 2 - Other Rates and Allowances
|
|
More than 20km but not more than 30km
|
See Table 2 - Other Rates and Allowances
|
|
More than 30km but not more than 40km
|
See Table 2 - Other Rates and Allowances
|
|
More than 40km but not more than 50km
|
See Table 2 - Other Rates and Allowances
|
|
Each additional km in excess of
50kms
|
See Table 2 - Other Rates and Allowances
|
This clause does not apply to travelling involved in
after hours on-call work.
25. Higher Paid Work
(i) A
Council may direct an employee to carry out such duties that are within the
limits of the employee's skills, competence and
training.
(ii) An employee
required to relieve in a higher paid position will be paid according to the
skills and knowledge possessed to undertake the higher duties but at a rate at
least equal to the entry salary of the level and band in which the employee is
relieving.
(iii) Subject to the
right of the employee to elect to take a position in a lower grade or to have
the employee’s services terminated by the council any employee may be
reclassified to a lower grade provided no less than two weeks’ notice in
writing of the council's intention so to do is given; provided that where an
employee is so reclassified there will be no reduction in pay if the employment
in the lower grade is for less than four weeks.
26. Clothing
(i) Clothing
will be provided for employees in accordance with Schedule A, Clothing
Regulations to this award.
27. Driving of Motor
Vehicles
(i) Driver's
Licences - an employee appointed to a position, the duties of which, require
the employee to hold a motor vehicle driver's licence or motor
cycle rider's licence, will be reimbursed the annual cost of such
licence by the Council provided that:
(a) Where an
employee is eligible for and elects to renew a licence for a period of more
than one year, the Council may reimburse the employee each year an amount equal
to the pro-rata annual cost.
(b) The Council may
elect to reimburse the full cost of an employees' multiple year licence. Where
the Council elects to reimburse in full the cost of a multiple year licence,
and subsequently;
(i) the
employee's service is terminated for any reason;
(ii) the employee's
licence is revoked, suspended or cancelled; or
(iii) the employee
ceases to carry out duties requiring the employee to drive a vehicle; then the
Council will be entitled to deduct from the wages or salary due to the employee
the balance of the yearly proportionate value of the licence.
(c) The Council will
not be liable to reimburse any cost of a probationary licence
or any penalty imposed on an employee because of traffic infringements by the
employee.
(ii)
(a) Use of Private
Vehicles: Where, by mutual arrangement between the Council and the employee concerned,
the employee supplies a privately owned motor vehicle and/or other equipment
associated therewith, on a regular basis for use in the Council's official
business, the parties will agree upon a mutually acceptable allowance for the
use and depreciation of the vehicle; provided that, in the case of a motor
vehicle, which is available continuously for use when the employee is on duty,
the allowance payable will be calculated at not less than:
|
|
Kilometres
Travelled Each Year on Official Business
|
|
|
Cents Per Kilometre
|
|
Under 2.5 litres (nominal engine capacity)
|
See Table 2 - Other Rates and Allowances
|
|
2.5 litres (nominal engine capacity) and over
|
See Table 2 - Other Rates and Allowances
|
(b) a minimum
payment at the rate of (See Table 2 - Other Rates and Allowances) per annum,
paid quarterly to the extent only of any deficiency between the total minimum
travelling rate provided under this subclause and the quarterly payment
relating to the same period; and similarly, to the extent only of any such
deficiency when related and reconciled at the end of each four quarterly
periods; with
(c) such quarterly
periods to be extended by any time in which the vehicle is not available to the
Council, including absence by the employee whilst on long service leave and/or
annual leave in excess of four weeks in any service
year and/or sick leave in excess of three weeks.
(iii) Casual use of
Motor Vehicles - an employee who by arrangement, uses a privately owned motor
vehicle in the course of, or in connection with, the employees
employment, on an intermittent, irregular or casual basis will be paid for such
casual use at the rate set out in paragraph (a) of subclause (ii) of this
clause.
(iv) Termination of
Agreement - an agreement for the supply and use of a privately owned motor
vehicle under this clause may be terminated by the Council giving the employee
or by the employee giving the Council six months' notice of such intention to
terminate the agreement.
28. Industry Allowance
An industry allowance as set out in item 28 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, will be paid to all
employees aged twenty years and over who are paid in accordance with the
provisions of this award. The allowance will be paid for all purposes of the
award with the exception of travelling time, overtime
and other penalty rates.
29. Termination of
Employment
(i) An
employee will give to council 2 weeks notice of their
intention to terminate their employment. If no such notice is provided, council
will be entitled to deduct pay equivalent to the required notice from any
entitlements payable under this award.
(ii) A council and
an employee may agree to a shorter period of notice for the purpose of this
subclause, in special circumstances.
(iii) The council
will give to an employee a period of notice of termination in accordance with
the scales set out in subclauses (iv) and (v) of this clause or by payment in
lieu of notice. Provided, where the employee’s services are terminated by
reason of misconduct no such notice will be required.
(iv) If the employee
is 45 years of age or less -
|
Employee's Period
of Continuous Service
|
Period of Notice
|
|
Less than 3 years
|
At least 2 weeks notice
|
|
3 years and less than 5 years
|
At least 3 weeks notice
|
|
5 years and beyond
|
At least 4 weeks notice
|
(v) If the employee
is over 45 years of age
|
Employee's Period
of Continuous Service
|
Period of Notice
|
|
Less than 2 years
|
At least 2 weeks
|
|
2 years and less than 3 years
|
At least 3 weeks
|
|
3 years and less than 5 years
|
At least 4 weeks
|
|
5 years and beyond
|
At least 5 weeks
|
(vi) The provision of
this clause will be read subject to the provisions of Clause 30 Redundancy and
Technological Change.
30. Redundancy and
Technological Change
(i) Council's
Duty to Notify
(a) Where a council
has made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the council will notify the employees who may be affected
by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the council's
workforce or in the skills required, the elimination or diminution of job
opportunities, promotion opportunities or job tenure, the alteration of hours
of work, the need for retraining or transfer of employees to other work or
locations and the restructuring of jobs.
Provided that where the award makes provision for the
alteration of any of the matters referred to herein an alteration will be
deemed not to have significant effect.
(ii) Council's Duty
to discuss Change
(a) Council will
discuss with the employee(s) affected and the union to which they belong, among
other changes, the introduction of the changes referred to in sub-clause (i) of this clause, what affects the changes are likely to
have on the employee(s) and measures to avert of mitigate the adverse changes
on the employee(s) and will give prompt consideration to matters raised by the
employee(s) and/or their union in relation to the changes.
(b) The discussion
will commence as early as practicable after a definite decision has been made
by the council to make the changes referred to in subclause (i).
(c) For the
purposes of the discussion, the council will provide to the employee(s) concerned
and the union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes of the employee(s) and any other matters likely to affect the
employee(s).
(iii) Discussion
Before Termination
(a) Where a council
has made a definite decision that it no longer wishes the job the employee has
been doing done by anyone pursuant to subclause (i)
and that decision may lead to the termination of employment, the council will
hold discussions with the employee directly affected and with the union to
which they belong.
(b) The discussion
will take place as soon as it is practicable after the council has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and will cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
(c) For the
purposes of the discussion, the council will, as soon as practicable, provide
to the employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for effects
and the number of employee(s) normally employed and the period over which the
terminations are likely to be carried out. Provided that the council will not
be required to disclose confidential information the disclosure of which would
adversely affect the council.
(iv) Notice to Centrelink
Where a decision has been made to terminate employees,
the council will notify Centrelink as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(v) Notice of
Termination
(a) Four weeks notice to terminate or pay in lieu of notice will be
given except in cases where the employee is 45 years of age or over with 5 years service, where 5 weeks notice
will be given.
(b) Where an
employee is to be terminated because of the introduction of technology the
employee will be entitled to the following:
(i) Three
(3) months notice of termination or
(ii) Payment in lieu
of the notice in subparagraph (i) of this paragraph.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu of notice.
(iii) Notice or
payment in lieu of notice under this paragraph will be deemed to be service
with the council for the purposes of calculating leave entitlements under this
award.
(vi) Severance Pay
(a) This subclause
will apply where an employee is terminated due to redundancy. A council will be
exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure, being a position
which has remuneration no less than the position previously held by the
employee.
(b) In addition to any
required period of notice, and subject to subclause (v) of this Clause, the
employee will be entitled to the following:
If the employee is less than 45 years of age:
|
Completed
Years of Service with Council
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks pay
|
|
2 years and less than 3 years
|
7 weeks pay
|
|
3 years and less than 4 years
|
10 weeks pay
|
|
4 years and less than 5 years
|
12 weeks pay
|
|
5 years and less than 6 years
|
14 weeks pay
|
|
6 years and less than 7 years
|
16 weeks pay
|
|
7 years and beyond
|
An additional 2 weeks pay for each year in excess of
7 years service up to 10 weeks
pay
|
Employees aged less than 45 years will receive an
entitlement of up to 26 weeks pay in accordance with the
above table.
If the employee is 45 years of age and over
|
Completed Years of
Service with Council
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks pay
|
|
2 years and less than 3 years
|
8.75 weeks pay
|
|
3 years and less than 4 years
|
12.5 weeks pay
|
|
4 years and less than 5 years
|
15 weeks pay
|
|
5 years and less than 6 years
|
17.5 weeks pay
|
|
6 years and less than 7 years
|
20 weeks pay
|
|
7 years and beyond
|
An additional 2 weeks pay for each year in excess of
7years service up to 6 weeks pay
|
Employees aged 45 years of age and over will receive an
entitlement of up to 26 weeks pay in accordance with
the above table.
(vii) An employee who
resigns during the period of notice is entitled to the same redundancy payments
provided in this clause as if they had remained in the council's employment
until the expiry of the notice period.
(viii) During a period
of notice of termination given by the council, an employee will be allowed up
to one day off without loss of pay during each week of notice for the purpose
of seeking other employment. Where required by the council the employee will
provide proof of attendance at an interview.
(ix) If the employee
agrees to be redeployed by council into a lower paid position, the employee's
existing salary and conditions will be maintained for a period equivalent to
the amount of notice and redundancy pay that the employee would be entitled to
under this Award. Provided that should the employee resign during the period of
salary maintenance, as provided for by this subclause, the balance of any
notice and redundancy pay that the employee would have
been entitled to for the remainder of the period of salary maintenance will be
paid on termination.
(x) The council
will, upon receipt of a request from an employee to show employment has been
terminated, provide to the employee a written statement specifying the period
the employee's employment and the classification or the type of work performed
by the employee
(xi) The council
will, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation
Certificate" in the form required by the Department of Social Security.
(xii) In the event
that council determines that a position is redundant, council where
practicable, will firstly offer such redundancy on a voluntary basis.
(xiii) Nothing in this
award will be construed so as to require the reduction
or alteration of more advantageous benefits or conditions which an employee may
be entitled to under any existing redundancy arrangement, taken as a whole,
between the unions and the councils bound by this award.
(xiv) Subject to an
application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount of severance
pay than that contained in subclause (vi) of this clause if the council obtains
acceptable alternative employment for an employee.
(xv) Nothing in this
clause will restrict an employee with ten years service
or more and council from agreeing to further severance payments.
31. Miscellaneous
(i) Where
an employee and Council agree that a telephone installed at the employee's
place of residence can be used as a means of communication to such employee the
Council will reimburse the employee the annual rental of such telephone and for
the actual charge made for all outward calls made on Council's behalf on such
telephone.
(ii)
(a) Employees
working with an employer in places situated upon or to the west of line drawn
as herein specified will be paid an allowance (as set out in item 31 of Table 2
- Other Rates and Allowances of Part B, Monetary Rates) per day or part of a
day in addition to the salary to which they are otherwise entitled. The line
will be drawn as follows: commencing at a point on the right of the bank of the
Murray River opposite Echuca (Victoria) and thence to the following towns in
the order stated, namely, Deniliquin, Griffith, Condobolin, Narromine,
Coonamble, Moree and Goondiwindi.
(b) The above rates
will not form part of the ordinary rates of payment for the purpose of
calculation of overtime.
(c) For the purpose
of this subclause a week will be five days in each 7 day
period.
(iii) Any employee
who is the holder of a current St John's Ambulance First-Aid Certificate or
equivalent and is required to act as a first-aid attendant will be paid an
allowance, as set out in item 31 of the said Table 2, in addition to the
employee’s ordinary rate of pay.
32. Disciplinary,
Grievance and Dispute Procedures
A. Disciplinary
Procedure
(i) Where
an employee's work performance or conduct is considered to be
unsatisfactory, the employee will be informed in the first instance of the
nature of the unsatisfactory performance or conduct and of the required
standard to be achieved, by the employee's immediate supervisor or other
appropriate officer or nominee of Council.
Unsatisfactory work performance or conduct will include
neglect of duties, breach of discipline, absenteeism
and non-compliance with safety standards.
A written record of such initial warning will be kept on the employee’s
personal file and a copy of the warning will be shown to the employee.
The employee may either make notes on the record or
reply in writing and have that reply placed on file.
If, however, a complaint of an employee’s performance
or conduct is made and investigation shows the complaint to be unfounded, the
employee’s personal file must have a suitable notation added to it.
(ii) Where there is
a re-occurrence of unsatisfactory performance or conduct, the employee will be
warned formally in writing by the appropriate officer of Council and
counselled. Counselling should reinforce:
the standard of work or conduct expected;
where the employee is failing to meet these required
standards
a suitable review period for monitoring the employee's performance;
the severity of the situation;
whether disciplinary action will follow should the
employee's work performance or conduct not improve.
A written record of such formal warning and counselling
will be kept on the employee’s personal file and a copy of the warning will be
shown to the employee.
The employee may either make notes on the record or
reply in writing and have that reply placed on the file.
(iii) If the
employee's unsatisfactory performance or conduct continues or resumes following
the formal warning and counselling, the employee will be given a "final
warning" in writing, giving notice of disciplinary action should the
unsatisfactory work performance or conduct not cease immediately.
(iv) If the
employee's performance or conduct does not improve after the "final
warning" further disciplinary action will be taken.
(v) This will not
affect the rights of the Council to take other disciplinary action before
and/or during the above procedure in cases of misconduct or where the
employee's performance warrants such action.
(vi) Either Council
or the employee may request the presence of a Union representative at any stage
of this procedure.
(vii) This procedure
will not affect either party's right to institute the dispute procedure of the
award or to notify the Industrial Registrar as to the existence of an
industrial dispute.
(viii) Employees will
have access to their personal file and may take notes and/or obtain copies of
the contents of the file.
B. Grievance and
Dispute Procedures
(i) At
any stage of the procedure, the employee(s) may be represented by the union or its local representative and the council
represented by the Association.
(ii) A grievance or dispute
will be dealt with as follows:
(a) The employee(s)
will notify the supervisor of any grievance or dispute and the remedy sought,
in writing.
(b) A meeting will
be held between the employee(s) and the supervisor to discuss the grievance or
dispute and the remedy sought within two working days of notification.
(c) If the matter
remains unresolved, the employee(s) may request the matter be referred to the
head of the department or other authorised officer for discussion. A further
meeting between all parties will be held as soon as practicable.
(d) If the matter
remains unresolved the general manager will provide the employee(s) with a
written response. The response will include the reasons for not implementing
any proposed remedy.
(e) Where the matter
remains unresolved, it may be referred to the employee's union or
representative and by the general manager or other authorised officer to the
Association for further discussion between the parties.
(iii) Nothing in this
clause will affect the right of the parties to enter into
direct negotiation or to seek the assistance of an industrial tribunal at any
stage of this procedure.
(iv) During this
procedure and while the matter is in the course of
negotiation and/or arbitration, work is to proceed as normal.
33. Council Agreement
(i) The
parties agree to review operations at the council level on an ongoing basis
with a view to providing enhanced flexibility and efficiency and to meet the particular working needs of the council and its employees.
(ii) The terms of
any agreement reached between the parties will substitute for the provisions of
the award provided that:
(a) the extent of
the agreement will be limited to the award's Clause 5 Rates of Pay, Clause 24
Travelling Allowances, Clause 11 Hours, Clause 13 Overtime, Clause 16 Holidays,
Clause 12 Part time and Casual Employees and Clause 34 Performance Evaluation
and Reward.
(b) the agreement
does not provide less than the entry level rates of pay.
(c) the agreement
is consistent with the Industrial Relations Act NSW 1996 and current
wage fixing principles.
(d) the agreement
will be processed in accordance with subclause (iii) of this Clause.
Provided further that, where the agreement proposes to
vary award provisions other than those nominated in paragraph (a) above, the
agreement will be processed in accordance with the Enterprise Arrangement
Principle.
(iii) A Council
Agreement will be processed as follows:
(a) the unions will
be notified prior to the commencement of negotiations.
(b) the agreement
has been genuinely arrived at by negotiation without compulsion.
(c) the agreement
will be committed to writing and will include a date of operation and a date of
expiration.
(d) the Council and
the appropriate union(s) will sign the agreement and a copy sent to the LGSA.
(e) Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
34. Performance
Evaluation and Reward
(i) The
objective of performance development is to enhance the performance of councils.
All employees need to know and have confirmed the role, accountabilities and
performance standards that are expected of them. Role clarity, acceptance of
goals and regular feedback are essential to effective performance.
A key aim should be to provide a means of recognising
and rewarding high performance and to provide an early assessment and response
to substandard performance.
A review system also provides a basis for identifying
development needs for individuals and can be used as an important input to
promotion decisions.
(ii) This award
recognises that all employees should have on-going feedback about performance.
The success of a council ultimately depends upon the collective sum of
individual job performance.
The performance development process can be simplified
to three stages:
1. joint development
on objectives and performance standards;
2. progress
reviews; and
3. a formal
performance review which is followed by decisions and outcomes.
35. Consultative
Mechanisms
Each Council will establish a consultative mechanism and
procedure appropriate to its size, structure and needs for consultation and
negotiation on matters affecting its efficiency and productivity.
36. Jury Service
An employee required to attend for jury service will be
entitled to attend without loss of pay less any amount paid by the court for
such jury service.
37. Salary Sacrifice
(i) Council
and an employee may agree to enter into a salary sacrifice arrangement, which
allows an employee to receive a part of their pre tax salary as a benefit rather than salary. Such agreement will not unreasonably be
withheld.
(ii) Benefits that
may be salary sacrificed include childcare facilities operated by council on
its premises; and additional superannuation and motor vehicles supplied by
council under leaseback arrangements where the amount to be salary sacrificed
for leaseback of a council motor vehicle is that part of the leaseback fee that
exceeds council’s fringe benefit tax liability.
(iii) The value of
the benefits will be agreed between the council and employee and will include
fringe benefits tax where applicable.
(iv)
(a) The salary
sacrifice arrangement, including the benefits to be salary sacrificed and their
value including fringe benefit(s) tax, will be in writing and signed by both
council and the employee.
(b) The employee may
request in writing to change the benefits to be salary sacrificed once each
year and the council will not unreasonably refuse the request.
(v) The employee’s gross
pay is their pre-tax ordinary pay less the value of the salary sacrifice
benefit including fringe benefit(s) tax.
(vi) The value of a
salary sacrifice benefit and applicable fringe benefit tax will be treated as
an approved benefit for superannuation purposes and will not reduce the
employee’s salary for employer contributions.
(vii) The value of
salary sacrifice benefits and applicable fringe benefits tax will be ordinary
pay for calculating overtime and termination payments.
(viii) The employee is
responsible for seeking appropriate financial advice when entering
into any arrangement under this clause.
(ix)
(a) The council
will ensure that the salary sacrifice arrangement complies with taxation and
other relevant laws.
(b) The council has
the right to vary and/or withdraw from offering salary sacrifice to employees
with appropriate notice if there is any alteration to relevant legislation that
is detrimental to salary sacrifice arrangements.
(x) A salary
sacrifice arrangement will cease on the day of termination of employment.
(xi) A salary
sacrifice arrangement will be suspended during periods of leave without pay.
(xii) Council may
maintain and/or enter into other salary sacrifice
arrangements with employees.
38. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations Act
1996, a council will make superannuation contributions to the Local
Government Superannuation Scheme and not to any other superannuation fund.
39. Area, Incidence
and Duration
This award will take effect from the first pay period to
commence on or after 8 February 2022 and will remain in force for a period of
twelve months.
Changes made to this award pursuant to section 19 of the Industrial
Relations Act 1996 and in accordance with the Principles of Review of
Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (359 I.G. 310) take effect from 8 February 2022.
This award was reviewed under section 19 of the Industrial
Relations Act 1996 on 8 February 2022 and replaces the Local Government
(Electricians) (State) Award published on 24 January 2020 (386 I.G. 184) and
all variations of that Award. Changes made in this review take effect from 8
February 2022.
This award remains in force until varied or rescinded.
This award will apply to all councils (as defined in Clause
3) in Local Government within New South Wales (other than the Council of
Sydney, the Council of the City of South Sydney and
the Council of the city of Newcastle and also excluding the County of Yancowinna).
This award will only apply to persons engaged in the
industries and callings of makers, fitters, repairers and installers of
electrical apparatus and installations, and persons assisting therein, or in
running electrical plant.
Provided further that this award will apply only to
employees who are members of, or are eligible to be members of, the Electrical
Trades Union of Australia, New South Wales.
PART B
MONETARY RATES
The rates of pay
and allowances in Part B, Monetary Rates take effect from the first pay period
on or after 8 October 2021.
Note: The rates of
pay and allowances in this award include the adjustments payable under the
State Wage Case 2021. These adjustments may offset any or both of:
i. Any
equivalent over award payments, and/or
ii. Award wage increases other than State
Wage Case adjustments.
Table 1 - Wage
Rates - Clause 5
|
|
Rate of Pay Per Week
|
|
|
$
|
|
Technical/Trades
Band Level 1
|
977.24
|
|
Technical/Trades
Band Level 2
|
1074.85
|
|
Technical/Trades
Band Level 3
|
1229.62
|
|
Professional
Band Level 1
|
1074.85
|
|
Professional
Band Level 2
|
1229.62
|
|
Professional
Band Level 3
|
1378.55
|
|
Professional
Band Level 4
|
1611.03
|
|
Apprentice
1st Year
|
540.87
|
|
Apprentice
2nd Year
|
638.69
|
|
Apprentice
3rd Year
|
733.92
|
|
Apprentice
4th Year
|
826.42
|
Table 2 - Other
Rates and Allowances
|
Clause
7 - Special Allowances
|
|
(i) Wages
|
|
|
(a) Dirty
work, etc.
|
$0.41
per hour
|
|
(b) Wet
places
|
$0.46
per hour
|
|
(c)
Confined spaces
|
$0.46
per hour
|
|
(d)
Working underground
|
$0.41
per hour
|
|
(e)
Working with raw sewerage
|
$9.12
per day
|
|
Clause
8 - Tool Allowances
|
|
|
Per
Week
|
|
|
$
|
|
(i) Electrical Tradesperson
|
37.65
|
|
(iv)(b) Amount payable by employee for each claim
for compensation of loss of tools
|
95.63
|
|
Clause 14 - On Call
|
|
|
$
|
|
(iii) On call allowance
|
124.42
|
|
Clause 15 - Meal Breaks and
Allowances for Overtime Work
|
|
|
$
|
|
(i) Meal allowance
|
16.58
|
|
(ii)(a) Meal allowance
|
16.58
|
|
(ii)(b)
Meal allowance working 4 hours overtime
|
12.72
|
|
Clause 24 - Travelling
Allowance
|
|
Where
the employee works at a distance from the depot greater than:
|
Amount
$
|
|
(ii)
|
3-10
km
|
5.84 per day
|
|
|
10-20
km
|
10.53 per day
|
|
|
20-30
km
|
15.02 per day
|
|
|
30-40
km
|
19.40 per day
|
|
|
40-50
km
|
24.09 per day
|
|
For
each additional kilometre
|
0.45
|
|
|
|
Clause 27 - Driving of Motor
Vehicles
|
|
|
Amount
|
|
|
$
|
|
(ii)
|
(a)
|
Use
of private vehicle (cents) per kilometre
|
|
|
|
|
Under
2.5 litres
|
0.71
|
|
|
|
2.5
litres and over
|
0.81
|
|
|
(b)
|
Minimum
yearly allowance
|
7881.06
|
|
|
|
Clause 28 - Industry Allowance
|
|
Industry
Allowance
|
$62.16 per week
|
|
|
|
Clause 31 - Miscellaneous
|
|
(ii)
|
(a)
|
West
of the line allowance
|
$1.07 per day
|
|
(iii)
|
First-aid
allowance
|
$3.62 per day
|
Schedule A
Clothing Regulations
|
Classifications and
Work Situations
|
Clothing
and Accessories
|
|
|
(For
day and wet weather)
|
|
|
Number
Per Issue
|
|
1. Apprentices
(Electrical Trades)
|
Dry
- 2 pair overalls;
|
|
|
1
pair electrical safety boots or shoes
|
|
|
|
|
|
Wet
- 1 set waterproof coat, hat and trousers; 1 pair
electrical safety (rubber) boots
|
|
2. Electrical Officers
(Electrical Trades) Including Engineering Officers and Electrical Engineers
|
Dry
- 2 pair overalls, or 2 sets dry weather coat and trousers; 1 dry weather
hat;
|
|
|
1
pair electrical safety boots
|
|
|
|
|
|
Wet
- 1 set waterproof coat, hat and trousers; 1 pair electrical safety boots or
shoes or 1 pair galoshes
|
|
3. Clothing will be issued as stipulated above when
required
|
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.