Crown Employees (Parliament House Conditions of
Employment) Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 171469 of 2021)
|
Before Commissioner Sloan
|
17 September 2021
|
REVIEWED
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Area
Incidence and Duration
4. Terms of
Employment
5. Local
Arrangements
6. Hours of Duty
and Attendance
7. Casual
Employment
8. Part Time
Employment
9. Morning
and Afternoon Tea Breaks
10. Meal Breaks
10A. Lactation
Breaks
11. Variation
of Hours
12. Natural
Emergencies and Major Transport Disruptions
13. Notification
of Absence from Duty
14. Public
Holidays
15. Standard
Hours
16. Flexible
Working Hours Scheme
17. Non-Compliance
with Hours of Duty and Attendance
18. Existing
Determinations and Agreements - Hours of Duty
19. Travel
Allowances
20. Excess
Travelling Time
21. Meal Expenses
on One Day Journeys
22. Restriction
on Payment of Travel Allowances
23. Increase or
Reduction in Payment of Travelling Allowance
24. Allowance
Payable for the Use of Private Motor Vehicles
25. Overseas
Travel Allowance
26. Staff
Exchanges
27. Community
Language Allowance Scheme (CLAS)
28. Flying
Allowance
29. First Aid
Allowance
30. Semi-Official
Telephone Reimbursement
31. On-Call
Allowance
32. Service
Increments Allowance
33. Uniforms,
Protective Clothing and their Maintenance
34. Compensation
for Damage to or Loss of Staff Members’ Personal Property
35. Adjustment
of Allowances
36. Leave -
General
37. Leave for
Casual Employees
38. Recreation
Leave
39. Annual
Leave Loading
40. Sick Leave
41. Sick Leave
- Requirements for Medical Certificate
42. Sick Leave
to Care for a Family Member
43. Sick Leave
- Workers Compensation
44. Sick Leave
- Other than Workers Compensation
45. Parental
Leave
46. Family and
Community Service Leave
47. Observance
of Essential Religious or Cultural Obligations
48. Extended
Leave
49. Leave
Without Pay
50. Military
Leave
51. Special
Leave
51A. Leave for
Matters Arising from Domestic Violence
52. Purchased
Leave
53. Study
Assistance
54. Staff Development
and Training Activities
55. Trade Union
Activities
56. Shift Work
57. Overtime
58. Grievance
and Dispute Settling Procedures
59. Anti-Discrimination
60. Existing
Entitlements
61. Deduction
of Union Membership Fees
62. Secure
Employment
PART B
MONETARY RATES
Table 1 - Allowances.
2. Definitions
"Accumulation" means the accrual of leave or
time. In respect of weekly study time "accumulation" means the
aggregation of short periods of weekly study time that is granted for private
study purposes.
"Agreement" means an agreement as defined in
the Industrial Relations Act 1996.
"Approved Course" means a course which is
relevant to the employment of the staff member in the department or the public
service and one which has been approved by the Department Head.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory
arrangements are able to be made for the performance of the staff member's
duties during the absence.
"Award" means an award as defined in the Industrial Relations Act 1996.
"Birth" means the birth of a child and
includes stillbirth.
"Capital City rate" means the travelling
allowance rate applicable within the Sydney Telephone District Directory Coded
N00 in the Sydney White Pages or within a corresponding area in the Capital
City of another State and Territory.
"Casual Employee" means any employee engaged
on a casual basis in terms of Clause 7 "Casual Employment" of this
Award.
"Contract hours for the day" for a full time
staff member, means one fifth of the weekly full time contract hours, as
defined in this award. For a part time
employee, contract hours for the day means the hours usually worked on the day.
"Daily rate" or "Rate per day"
means the rate payable for 24 hours, unless otherwise specified.
"Daily span of hours", means, for a staff
member required to work standard hours, the full time standard hours defined in
this award. For a staff member required
to work flexible hours the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract the payment of overtime, unless otherwise prescribed
in this award.
"Day worker" means a staff member, other than
a shift worker, who works the ordinary hours from Monday to Friday inclusive between
the hours of 7.30 am and 6.00 pm or as negotiated under a local arrangement.
"Department" refers to the Department of the
Legislative Assembly, the Department of the Legislative Council or the
Department of Parliamentary Services.
"Department Head" means the Clerk of the
Legislative Assembly or the Clerk of the Legislative Council or the Chief
Executive, Parliamentary Services, or a person authorised by the Department
Head.
"Domestic Violence" means domestic violence
as defined in the Crimes (Domestic and Personal Violence) Act 2007.
"Expected date of birth", in relation to a
staff member who is pregnant, means a date specified by her medical
practitioner to be the date on which the medical practitioner expects the staff
member to give birth as a result of the pregnancy.
"Extended leave" means extended (long
service) leave to which a staff member is entitled, equivalent to Schedule 1 of
the Government Sector Employment Regulation 2013, as amended from time to time.
"Flexible working hours credit" means the
time exceeding the contract hours for a settlement period and is able to be
banked under a local arrangement negotiated pursuant to clause 5, Local
Arrangements of this award or carried over into the next settlement period.
"Flexible working hours debit" means the
contract hours not worked by a staff member and not covered by approved leave
during the settlement period, as well as any debit carried over from the
previous settlement period or periods.
"Flexible working hours scheme" means the
scheme outlined in clause 16, Flexible Working Hours Scheme of this award which
enables staff members, subject to operational requirements, to select their
starting and finishing times.
"Flexible Work Practices, Policy and
Guidelines" means the document negotiated between the Industrial Relations
Secretary, Unions New South Wales and affiliated unions which enables staff
members to rearrange their work pattern.
"Flex leave" means a period of leave
available to be taken by a staff member as specified in subclause (xv) of
clause 16, Flexible Working Hours Scheme, of this award.
"Full day" means the standard full time
contract hours for the day, i.e., 7 or 8 hours depending on the classification
of the staff member.
"Full pay" or "half pay" means the
staff member's ordinary rate of pay or half the ordinary rate of pay
respectively.
"Full-time contract hours" means the standard
weekly hours, i.e., 35 or 38 hours per week, depending on the classification,
required to be worked as at the date of this award.
"Full-time position" means a position, which
is occupied, or if not for being vacant, would be occupied, by a full-time
staff member.
"Full-time staff member" means a staff member
whose ordinary hours of duty are specified as such in a formal industrial
instrument or whose contract hours are equivalent to the full-time contract
hours for the job classification.
"Half day" means half the standard contract
hours for the day.
"Headquarters" means the centre(s) to which a
staff member is attached or from which a staff member is required to operate on
a long term basis.
"Industrial action" means industrial action
as defined in the Industrial Relations
Act 1996.
“Industrial Relations Secretary” means the Secretary of
the Department of Premier and Cabinet who has functions under the Government Sector Employment Act 2013,
Government Sector Employment Regulation 2013 Government Sector Employment
Rules.
"Local Arrangement" means an agreement
reached at the organisational level between the Department Head(s) and the
relevant trade union in terms of clause 5, Local Arrangements, of this award.
"Local holiday" means a holiday which applies
to a particular township or district of the State and which is not a public
holiday throughout the State.
"Members’ staff" means staff employed
pursuant to the Members of Parliament
Staff Act 2013, and any associated determinations.
"Normal hours of duty" means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement hours of duty the Department Head requires a
staff member to work within the bandwidth specified under the flexible working
hours scheme or local arrangement.
"Normal work", for the purposes of clause 58,
Grievance and Dispute Settling Procedures, of this award, means the work carried
out in accordance with the staff member's position or job description at the
location where the staff member was employed, at the time the grievance or
dispute was notified by the staff member.
"Official overseas travel" means authorised
travel out of Australia by a staff member where the staff member proceeds
overseas on official business.
"On duty" means the time required to be
worked for the department. In terms of clause 55, Trade Union Activities of
this award, trade union activities regarded as "on duty" means the
time off with pay given by the department to the accredited union delegate to
enable the union delegate to carry out legitimate trade union activities during
ordinary work hours without being required to lodge an application for leave.
"On loan" means an arrangement between the
department and the trade union where a staff member is given leave of absence
from the workplace to take up employment with the staff member's trade union
for a specified period of time during which the trade union is required to
reimburse the department for the staff member's salary and associated
on-costs.
"On special leave" means the staff member is
required to apply for special leave in order to engage in an activity which
attracts the grant of special leave in the terms of this award.
"Ordinary hourly rate of pay" means the
hourly equivalent of the annual rate of pay of the classification as set out in
the Crown Employees (Public Sector- Salaries 2021) Award calculated using the
formula set out in Clause 7, Casual Employment, of this Award.
"Overtime" means all time worked, whether
before or after the ordinary daily hours of duty, at the direction of the
Department Head, which, due to its character or special circumstances, cannot
be performed during the staff member's ordinary hours of duty. Where a flexible
working hours scheme is in operation, overtime will be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 5,
Local Arrangements, of this award provided that, on the day when overtime is
required to be performed, the staff member will not be required by the
Department Head to work more than 7 hours after finishing overtime or before
commencing overtime.
"Parliamentary Catering Staff" means all
staff members employed within the catering services area, and includes kitchen,
wait and office staff.
"Parliamentary Reporting Staff" are employees
classified as Reporters, Subeditors, Senior Subeditor and Deputy Editor of the
Parliamentary Reporting Services Department.
"Part time entitlement", unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part time
position or under a part time arrangement.
"Part time hours" means the hours which are
less than the hours that constitute full-time work under the relevant
industrial instrument.
"Part time position" means a designated part
time position and, unless otherwise specified, includes any position which is
filled on a part time basis.
"Part time staff member" means a staff member
whose ordinary hours of duty are specified as part time in a formal industrial
instrument or whose contract hours are less than the full-time hours.
"Prescribed ceasing time" means, for a staff
member working standard hours, the conclusion of daily standard hours for that
staff member. For a staff member working under a flexible working hours scheme,
"prescribed ceasing time" means the conclusion of bandwidth of the
scheme applying to that staff member.
"Prescribed starting time" means, for a staff
member not working under a flexible working hours scheme, the commencement of
standard daily hours of that staff member. For a staff member working under a
flexible working hours scheme, "prescribed starting time" means the
commencement of bandwidth of the scheme applying to that staff member.
"Presiding Officers" means the Speaker of the
Legislative Assembly or the President of the Legislative Council or both.
"Public holiday" means a day proclaimed under
the Banks and Bank Holidays Act 1912 as a bank or public holiday. This
definition does not include a Saturday which is such a holiday by virtue of
section 15A of that Act, and 1 August or such other day that is a bank holiday
instead of 1 August.
"Recall to duty" means those occasions when a
staff member is directed to return to duty outside the staff member's ordinary
hours or outside the bandwidth in the case of a staff member working under a
flexible working hours scheme.
"Relief staff" means staff employed on a
temporary basis to provide relief in a position until the return from
authorised leave of the substantive occupant or in a vacant position until it
is filled substantively.
"Remote area" means for the purpose of clause
38, Recreation Leave, the Western and Central Division of the State described
as such in the Second Schedule to the Crown Lands Consolidation Act 1913
before the Acts repeal.
"Residence", in relation to a staff member,
means the ordinary and permanent place of abode of the staff member.
"Seasonal staff" means staff employed on a
temporary basis for less than three months to meet seasonal demands which
cannot be met by staff already employed in the department and which, because of
their seasonal nature, do not justify employment of staff on a long-term basis.
"Secondment" means an arrangement agreed to
by the Department Head, the staff member and a public service department, a
public sector organisation or a private sector organisation, which enables the
staff member to work in such other organisation for an agreed period of time
and under conditions agreed to prior to the commencement of the period of
secondment.
"Section" means a small unit or branch under
the administrative control of the relevant Department Head.
"Sessional Staff" means an officer as defined
from time to time by the Clerk of the Parliaments in respect of the Legislative
Council and the Clerk of the Legislative Assembly in respect of the Legislative
Assembly, or the Chief Executive in respect of the Department of Parliamentary
Services. Staff members will be designated as Sessional Staff by 1 December
each leave year and will as part of the duties of their position be regularly
required to work at least two sitting nights in every sitting period.
"Shift worker - Continuous Shifts" means a
staff member engaged in work carried out in continuous shifts throughout the 24
hours of each of at least six consecutive days without interruption except
during breakdown or meal breaks or due to unavoidable causes beyond the control
of the Department Head.
"Shift worker - Non-continuous Shifts" means a
staff member who is not a "day worker" or a "shift worker continuous
shifts", as defined above.
"Sitting Day" is a period of time
representing any day, being a 24-hour period, or days where:
(a) in respect of
Officers of the Legislative Council, the Legislative Council sits or is
scheduled to sit;
(b) in respect of
officers of the Legislative Assembly, the Legislative Assembly sits or is
scheduled to sit;
(c) in respect of
officers of the Department of Parliamentary Services who are required to work
to support either or both Houses that
are sitting or are scheduled to sit.
"Sitting Period" is a period of time
representing a full working week, Monday to Friday, inclusive:
(a) for officers of
the Legislative Council during which that House is scheduled to sit;
(b) for officers of
the Legislative Assembly during which that House is scheduled to sit;
(c) for officers of
the Department of Parliamentary Services during which either or both Houses are
scheduled to sit.
"Staff member" means an officer or a
temporary employee and, unless otherwise specified in this award, includes both
full-time and part time staff. For the purposes of maternity leave, as set out
in clause 45, Parental Leave of this award, "staff member" means a
female staff member.
"Standard hours" are set and regular hours of
operation as determined by the Presiding Officer(s), or by the Department Head
in accordance with any direction of the Presiding Officer(s). Standard hours
are generally the hours that were in operation prior to the introduction of
flexible working hours or have been determined as standard hours for the
organisation since the introduction of flexible working hours.
"Standby" means an instruction given by the
Department Head to a staff member to be available for immediate contact in case
of an authorised call-out requiring the performance of duties.
"Study leave" means leave without pay granted
for courses at any level or for study tours during which financial assistance
may be approved by the Department Head, if the activities to be undertaken are
considered to be of relevance or value to the Parliament and/or the Public
Service.
"Study Time" means the time allowed off from
normal duties on full pay to a staff member who is studying in a part time
course which is of relevance to the department.
"Supervisor" means the immediate supervisor
or manager of the area in which a staff member is employed or any other staff
member authorised by the Department Head to fulfil the role of a supervisor or
manager, other than a person employed as a consultant or contractor.
"Temporary work location" means the place at
or from which a staff member temporarily performs official duty if required to
work away from headquarters.
"Trade Union" or "Union" means a
registered trade union, as defined in the Industrial Relations Act 1996.
"Trade Union Delegate" means an accredited
union delegate responsible for his/her workplace; and/or a person who is
elected by the trade union as its representative, an executive member or a
member of the union's Council.
"Trade Union Official" means a person who is
employed by the union to carry out duties of an official in a permanent or
temporary capacity, including elected full-time officials and/or staff members
placed on loan to the union for an agreed period of time.
"Workplace" means the whole of the
organisation or, as the case may be, a branch or section of the organisation in
which the staff member is employed.
"Workplace Management" means the Department
Head or any other person authorised by the Department Head to assume
responsibility for the conduct and effective, efficient and economical
management of the functions and activities of the organisation or part of the
organisation.
3. Area, Incidence and
Duration
(i) This Award
applies to permanent, temporary and casual employees of the Parliament of New
South Wales with the exception of those employees whose conditions of
employment are prescribed under another industrial instrument - such as
Members’ Staff and Parliamentary Reporting Staff.
(ii) This award
applies to staff employed under the Parliament House, Administrative and
Clerical Officers, Determinations of the Presiding Officers; Parliament House,
Other Clerical Officers, Determinations of the Presiding Officers;
Parliamentary Attendant Staff, Determinations of the Presiding Officers; and
Parliamentary Staff (Security Officers, Attendants/Gatekeepers, Joint Services
Staff, Food and Beverages Staff) Agreement No. 2379 of 1981, Agreement No. 2381
of 1981, Agreement No. 2382 of 1981. The above Determinations and Agreements
are listed in Schedule A of the Crown Employees (Public Sector – Salaries 2021)
Award and salaries payable to employees will be in accordance with that award
or any award replacing it.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 17 September 2021.
(iv) Changes made to
this award subsequent to it first being published on 10 August 2012 (373 I.G.
1592) have been incorporated into this award as part of the review.
(v) This award
remains in force until varied or replaced, its term having already expired.
4. Terms of Employment
(i) Staff members
are paid fortnightly.
(ii) Notwithstanding
anything contained in this award employment may be terminated by two weeks’
notice given at any time by the Presiding Officer(s) in writing or such longer
period as the Presiding Officer(s) may have contracted with any individual
staff member. A staff member desiring to terminate their employment with the
Presiding Officer(s) must provide two weeks’ notice, in writing, to the
Presiding Officer(s) or such longer period as the Presiding Officer(s) may have
contracted with any individual staff member.
(iii) Provided that
nothing contained in this clause will prevent a staff member’s employment being
terminated without notice on the grounds of the staff member’s serious wilful
misconduct.
5. Local Arrangements
(i) Local
arrangements, as specified in this award, may be negotiated between the
Department Head and the relevant trade union in respect of the whole department
or section.
(ii) All local
arrangements negotiated between the Department Head and the Association must
be:
(a) approved in
writing by the General Secretary of the Association; and
(b) contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an enterprise agreement or other industrial instrument.
(c) inclusive of a
clause allowing either party to terminate the arrangement by giving 12 months'
notice.
(iii) Subject to the
provisions of subclause (ii) of this clause, nothing in this clause will
prevent the negotiation of local arrangements between the Department Head and
the Association in respect of the provisions contained in clause 16, Flexible
Working Hours Scheme, of this award, where the conditions of employment of any
group are such that the application of the standard flex time provisions would
not be practicable.
(iv) Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
(v) Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorized by
their manager, flex leave can only be taken where recreation leave has been
applied for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, flex leave is still available.
6. Hours of Duty and
Attendance
(i) Hours of
attendance on duty
(a) The hours of attendance
on duty by members of staff and the manner of recording the attendance, will be
as determined from time to time by the Department Head.
(b) The staff member
in charge of a department or section will be responsible to the Department Head
for the proper observance of the hours of work and the proper recording of such
attendance.
(c) The Department
Head may require a staff member to perform duty beyond the hours determined
under paragraph (a) of subclause (i) of this clause but only if it is reasonable
for the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is
unreasonable, the following factors will be taken into account:
the staff member's prior commitments outside the
workplace, particularly the staff member's family and carer responsibilities,
community obligations or study arrangements,
any risk to the staff member’s health and safety,
the urgency of the work required to be performed during
additional hours the impact on the operational commitments of the organisation
and the effect on client services,
the notice (if any) given by the Department Head
regarding the working of the additional hours, and by the staff member of their
intention to refuse the working of additional hours, or
any other relevant matter.
(d) The application
of hours of work is subject to the provisions of this clause.
(ii) Working Hours
(a) The ordinary
hours may be standard or flexible and may be worked on a full time or part time
basis.
(b) The Department
Head will ensure that all staff members employed in the department are informed
of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
7. Casual Employment
(i) This clause
will only apply to the employees whose conditions of employment are not
otherwise included in another industrial instrument.
(ii) An employee
defined as casual must be
(a) paid on an
hourly basis.
(b) Engaged for a
minimum of 3 hours consecutive hours for each day worked.
(c) Engaged for a maximum
period of 9 consecutive hours per day (exclusive of meal breaks), with the
payment of overtime required for such time in excess of 9 hours, except where
longer periods are permitted under another award or local agreement under
Clause 5 of this Award.
(iii) Rate of pay -
casual employees will be paid the ordinary hourly rate of pay calculated by the
following formula for the hours worked per day:
Annual Salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
(a) Casual
employees will be paid a loading on the appropriate ordinary hourly rate of pay
of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
(b) All casual
employees will receive 1/12 loading in lieu of annual leave.
(c) The loadings
specified in sub clause (iii)(a) of this clause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
(iv) Overtime -
(a) casual
employees will be paid overtime for work performed:
(1) In excess of 9 consecutive
hours (excluding meal breaks) except where longer periods are permitted under
another award or local agreement under Clause 5 of this Award, cover the
particular class of work or are required by the usual work pattern of the
position; or
(2) Outside the
bandwidth application to the particular class of work; or
(3) In excess of
the daily roster pattern applicable for the particular class of work; or
(4) In excess of
the standard weekly roster of hours for the particular class of work; or
(5) In accordance
with a local arrangement negotiated under Clause 5 of this Award
(b) Overtime rates
will be paid in accordance with the rates set out in Clause 57, Overtime, of
this Award.
(c) Overtime
payments for casual employees are based on the ordinary hourly rate plus the
15% loading set out in paragraph (iii)(a) of this Clause.
(d) The loading in
lieu of annual leave as set out in paragraph (iii)(b) of this Clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
(v) Application of
other clauses of this Award to Casual employees:
(a) The following
clauses of this Award do not apply to casual employees:
6. Hours of Duty
and Attendance
11. Variation of Hours
12. Natural Emergencies and Major Transport Disruptions
14. Public Holidays
15. Standard Hours
16. Flexible Working Hours Scheme
20. Excess Travelling Time
30. Semi-Official Telephone Reimbursement
36(i). Leave - General
36(iii) Leave -Application for Leave
38-52 Leave types and conditions
55. Trade Union Activities subclauses (i)-(vii)
56. Shiftwork
57. Overtime (with the exception of the conditions
specified in paragraph 57(ii)(b) Rates, 57(vi) Rest periods, 57(ix) Meal Breaks
on Overtime, 57(x) Meal Allowances for Overtime
60. Existing Entitlements
8. Part-time
Employment
(i) This clause
only applies to part time staff members whose conditions of employment are not
otherwise provided for in another industrial instrument.
(ii) Part time work
may be undertaken with the agreement of the relevant Department Head. Part time work may be undertaken in a part
time position or under a part time arrangement.
(iii) A part time
staff member is to work contract hours less than full-time hours.
(iv) Unless otherwise
specified in this Award, part time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part time position or under a part time arrangement. Entitlements to paid leave will accrue on the
equivalent hourly basis.
(v) Before
commencing part time work, the Department Head and the staff member must agree
upon:
a. The hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
b. Whether
flexible working hours provisions or standard hours provisions will apply to
the part time staff member; and
c. The
classification applying to work to be performed.
(vi) The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
(vii) Incremental
progression for part time staff members is the same as for permanent staff
members, that is, part time staff members who are eligible are given an increment
on an annual basis.
(viii) The employer may
request, but not require, a part time staff member to work additional hours.
For the time worked in excess of the staff member’s usual hour and up to the
normal full-time hours for the classification, part time staff members may
elect to:
a. be paid for
additional hours at their hourly rate plus a loading of 1/12ths in lieu of
recreation leave
b. if working
under a flexible working hours scheme under Clause 16, of the Award, or a local
agreement made in accordance with clause 5 of the Award, have the time worked
credited as flex time.
(ix) For time worked
in excess of the full-time hours of the classification, or outside the bandwidth
payment will be paid at the appropriate overtime rate in accordance with Clause
57, Overtime.
9. Morning and
Afternoon Breaks
(i) Staff members
may take a 10 minute morning break, provided that the discharge of public
business is not affected and, where practicable, they do so out of the view of
the public contact areas. Staff members may also take a 10 minute afternoon
break, subject to the same conditions as apply to the morning break.
10. Meal Breaks
(i) Meal breaks
must be given to and taken by staff members. No staff member will be required
to work continuously for more than 5 hours without a meal break, provided that:
(a) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(b) where the nature
of the work of a staff member or a group of staff members is such that it is
not possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Department Head and the Association
to provide for payment of a penalty.
10A. Lactation Breaks
(i) This clause
applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
(ii) A full-time
staff member or a part time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
(iii) A part time
staff member working 4 hours or less on any one day is entitled to only one
paid lactation break of up to 30 minutes on any day so worked.
(iv) A flexible
approach to lactation breaks can be taken by mutual agreement between a staff member
and their manager provided the total lactation break time entitlement is not
exceeded. When giving consideration to any such requests for flexibility, a
manager needs to balance the operational requirements of the organisation with
the lactating needs of the staff member.
(v) The Department
Head will provide access to a suitable, private space with comfortable seating
for the purpose of breastfeeding or expressing milk.
(vi) Other suitable
facilities, such as refrigeration and a sink, will be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and staff member
will take place to attempt to identify reasonable alternative arrangements for
the staff member's lactation needs.
(vii) Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
(viii) Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 40, Sick Leave of
this award, or access to the flexible working hours scheme provided in clause
16, Flexible Working Hours, of this award, where applicable.
11. Variation of Hours
(i) If the
Department Head is satisfied that a staff member is unable to comply with the
general hours operating in the department because of limited transport
facilities, urgent personal reasons, community or family reasons, the
Department Head may vary the staff member's hours of attendance on a one off,
short or long term basis, subject to the following:
(a) the variation
does not adversely affect the operational requirements;
(b) there is no
reduction in the total number of daily hours to be worked;
(c) variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(d) a lunch break of
one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(e) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(f) ongoing
arrangements are documented; and
(g) the relevant
trade union is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
12. Natural
Emergencies and Major Transport Disruptions
(i) A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
(a) apply to vary
the working hours as provided in Clause 11, of this Award and/or
(b) negotiate an
alternative work location with the Department and/or
(c) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay according to the provisions of this award to cover
the period concerned.
13. Notification of
Absence from Duty
(i) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(ii) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Department
Head, the amount representing the period of absence will be deducted from the
staff member's pay.
14. Public Holidays
(i) Unless directed
to attend for duty by the Department Head, a staff member is entitled to be
absent from duty on any day which is:
(a) a public
holiday throughout the State; or
(b) a local holiday
in that part of the State at or from which the staff member performs duty; or
(c) day between Boxing
Day and New Year's Day determined by the appropriate Department Head as a
public service holiday.
(ii) A staff member,
who is required by the Department Head to work on a local holiday may be
granted time off in lieu on an hour for hour basis for the time worked on a
local holiday.
(iii) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
15. Standard Hours
(i) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part time.
(ii) Urgent Personal
Business - Where a staff member is required to undertake urgent personal
business, appropriate leave or time off may be granted by the Department Head.
Where time off has been granted, such time will be made up as set out in
subclause (iv) of this clause.
(iii) Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the Department Head approves, make the time up in
accordance with subclause (iv) of this clause.
(iv) Making up of
Time - The time off taken in circumstances outlined in subclause (ii) and (iii)
of this clause must be made up at the earliest opportunity. The time may be made up on the same day or on
a day or days agreed to between the staff member and the Department Head.
16. Flexible Working
Hours Scheme
(i) Unless local
arrangements have been negotiated as provided in clause 5, Local Arrangements,
of this award, a flexible working hours scheme in terms of this clause may
operate in a department or a section of a department, subject to operational
requirements, as determined by the Department Head.
(ii) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in a department will be extended to a staff
member working under a part time work arrangement. Except for provisions contained in subclauses
(xiii), (xvii) and (xviii) of this clause, all other provisions under this
clause will be applied pro rata to a staff member working under a part time
work arrangement.
(iii) Exclusions -
Flexible working hours do not apply to
staff members who:
(a) work permanent
standard hours; or
(b) work according
to a shift roster; or
(c) have coverage
under another award, Enterprise Agreement or other agreement that prescribes
the hours of attendance.
(d) are Members’
staff as defined in clause 2, Definitions, of this award.
(e) are sessional staff
(sessional staff will not work under the flexible hours scheme on any sitting
day and will revert to standard hours for sitting days)
(f) are
Parliamentary Reporting Staff as defined in clause 2, Definitions, of this
award.
(iv) Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth, and the accrual of time towards flexible working hours credit, will
be subject to the availability of work.
(v) Bandwidth - The
bandwidth is the period during the day when staff may record time worked. Time
will not be credited to an officer for attendance outside the bandwidth. The
bandwidth for staff (excluding those specified in sub-clause (vi)) is between
the hours of 7.30 am. and 6.00 pm, unless a different time span has been
negotiated under a local arrangement in terms of clause 5, Local Arrangements,
of this award.
(vi) The bandwidth
for staff defined in Clause 2, Definitions, of this Award as Parliamentary
Catering Staff is between the hours of 6.30 am and 5:00pm, unless a different
time span has been negotiated under a local arrangement covering Parliamentary
Catering Staff in terms of clause 5, Local Arrangements, of this Award.
(vii) Coretime -
Coretime is the period during the day when staff are required to be on duty,
unless on authorised leave. The coretime for staff, excluding those specified
in sub-clause viii, is between the hours of 10.00a.m. and 4.00p.m, unless other
arrangements have been negotiated under a local arrangement in terms of clause
5, Local Arrangements of this award.
Coretime does not include the lunch break.
(viii) Coretime for
staff defined in Clause 2, Definitions, of this Award as Parliamentary Catering
Staff is between the hours of:
9.00 am - 10.30 am, and
12.00 noon - 3.00pm
unless a different time span has been negotiated under
a local arrangement covering Parliamentary Catering Staff in terms of clause 5,
Local Arrangements, of this Award.
(ix) Lunch break -
The standard lunch period is1 hour. With the approval of the supervisor, the
lunch period may be extended by staff members (excluding those specified in sub
clause x) for up to 2 hours or reduced to not less than 30 minutes within the
span of hours 12.00 noon and 2.30 pm or as other span of hours determined by
the Department Head. Where a local arrangement has been negotiated in terms of
clause 5, Local Arrangements, of this award, the lunch break will be taken in
accordance with such local arrangement.
(x) The maximum
permissible lunch break for staff defined in Clause 2, Definitions, of this
Award as Parliamentary Catering Staff is 1 hour and 30 minutes, taken between
the period 10.30 am to 12.00 noon, unless a different time span has been
negotiated under a local arrangement in terms of clause 5, Local Arrangements
of this Award to cover Parliamentary Catering Staff.
(xi) Settlement
period -Unless a local arrangement has been negotiated in terms of clause 5,
Local Arrangements, of this award, the settlement period is four weeks.
(a) For time
recording purposes the settlement period and flex leave must coincide.
(b) Where
exceptional circumstances apply, e.g. prolonged transport strikes, adverse
weather conditions and the like, the Department Head may extend the affected
settlement period by a further 4 weeks.
(xii) Contract hours -
The contract hours for a settlement period will be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
(xiii) Flexible working
hours credit - a staff member may carry a maximum of 10 hours credit into the
next settlement period. Local arrangements in terms of clause 5, Local
Arrangements of this award may be negotiated in respect of the carry-over of
additional flexible hours credit than permitted in this clause, the length of
the settlement period and the banking of any accumulated credit hours for time
worked.
(xiv) Weekly hours
worked during the settlement period are to be monitored by the staff member and
their supervisor. If it appears that the staff member may exceed an accumulated
work time of 150 hours in a settlement period; or if the total hours of work in
a settlement period with the credit hour carry over from the previous
settlement period may exceed 150 hours, the supervisor and staff member will
develop a strategy to ensure that the staff member does not forfeit any of the
credit hours accumulated, or likely to be accumulated.
(xv) Cessation of
duty - Except as provided in subclause (xiii) of this clause, a staff member
may receive payment for a flex day accrued and remaining untaken or not
forfeited on the last day of service:
(a) where the staff
member's services terminate without a period of notice for reasons other than
misconduct; or
(b) where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused; or
(c) in such other
circumstances as have been negotiated between the Department Head and the
relevant trade union(s) under a local arrangement in terms of clause 5, Local
Arrangements, of this award.
(xvi) Subject to any
local arrangements, where a staff member ceases duty in the department in order
to take up employment in another public service or public sector organisation,
the same provisions as apply to recreation leave under the Public Sector Staff
Mobility policy will apply to the accrued but untaken or not forfeited flex
leave.
(xvii) Flexible Working
Hours Debit - The following provisions will apply to the carry-over of flexible
working hours debits, unless a local arrangement has been negotiated in terms
of clause 5, Local Arrangements, of this award:
(a) A debit of up
to 10 hours at the end of a settlement period may be carried over into the next
period.
(b) Where the debit
exceeds 10 hours, the excess will be debited as leave without pay, unless the
staff member elects to be granted available recreation or extended leave to
offset the excess.
(c) Any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended
leave. If applicable, the debit of hours
may be transferred to the next NSW public sector organisation under the Public
Sector Staff Mobility policy.
(xviii) Flex leave - Subject
to operational requirements, a staff member may take off one full day or two
half days in a settlement period of 4 weeks. Flex leave may be taken on
consecutive working days. Half day absences may be combined with other periods
of authorised leave. As specified in
subclause 5(v) Local Arrangements, Flex leave may not be approved where an
employee has accrued more than 8 weeks recreation leave.
(xix) Local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 5, Local Arrangements, of this award.
(xx) Absence during
coretime - Where a staff member needs to take a short period of authorised
leave within coretime, including late attendances, other than flex leave, the
quantum of leave to be granted will be determined according to the provisions
contained in paragraph (d) subclause (ii) of clause 36, Leave General, of this
award.
(xxi) Standard hours -
Notwithstanding the provisions of this clause, the Department Head may direct
the staff member to work standard hours and not flexible hours:
(a) where the
Department Head decides that the working of flexible hours by a staff member or
members does not suit the operational requirements of the department or section
of the department, the relevant union will be consulted, where appropriate; or
(b) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(xxii) Easter concession
- Staff members who work under a flexible working hours scheme may be granted,
subject to the convenience of the department, an additional half day's flex
leave on the Thursday preceding the Good Friday public holiday drawn from staff
members accrued flex balance.
(xxiii) Flexible Work
Practices
(a) Nothing in this
award will affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under Flexible Work Practices,
Policy and Guidelines.
(b) Flexible working
hours agreements negotiated in terms of the Flexible Work Practices, Policy and
Guidelines after the effective date of this award will be subject to the
conditions specified in this award and in consultation with the relevant trade
union.
17. Non-Compliance
with Hours of Duty and Attendance
In the event of any persistent failure by a staff member to
comply with the hours of duty required to be worked, the Department Head, will
investigate such non-compliance as soon as it comes to notice and will take
appropriate remedial action according to management of unsatisfactory
performance guidelines.
18. Existing
Determinations and Agreements - Hours of Duty
Any existing Determinations and Agreements on local
arrangements in respect of the hours of duty, which operated in a department or
part of a department as at the effective date of this award, will continue to
apply until renegotiated.
19. Travel Allowances
(i) Travel
Allowance General
(a) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters will be met by the department.
(b) The Department
Head will require staff members to obtain an authorisation for all official
travel prior to incurring any travel expense.
(c) Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business will be the middle of the
range standard, referred to generally as three star or three diamond standard
of accommodation.
(d) Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable will be the appropriate proportion of the daily rate. Any
fraction of an hour will be rounded off to the nearest half-hour.
(e) The Department
will elect whether to pay the accommodation directly, or whether a staff member
should pay the accommodation and be compensated in accordance with this
clause. Where practicable, staff members
will obtain prior approval when making their own arrangements for overnight
accommodation.
(f) Production of
Receipts - As and when required by the Department Head, payment of travelling
expenses will be subject to the production of receipts or other acceptable
evidence of expenditure.
(g) The need to
obtain overnight accommodation will be determined by the Department Head having
regard to the safety of the staff member or members travelling on official
business and local conditions applicable in the area. Where staff members are
required to attend conferences or seminars which involve evening sessions or
staff members are required to make an early start at work in a location away
from their normal workplace, overnight accommodation will be appropriately
granted by the Department Head.
(ii) Accommodation
and allowances
(a) Subject to
paragraph (h), a staff member who is required by the Department Head to work
from a temporary work location will be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the staff member’s residences in order to perform the work.
(b) If meals are
provided by the Government at the temporary work location the staff member will
not be entitled to claim the meal allowance.
(c) For the first
35 days, the payment will be either
(1) where the
Department elects to pay the accommodation provider the staff member will
receive
A. the appropriate
meal allowance in accordance with Item 1 of Table 1, and
B. incidentals as
set out in Item 3 of Table 1, and
C. actual meal expenses
properly and reasonably incurred (excluding morning and afternoon tea) for any
residual part day travel
(2) Where the
Department elects not to pay the accommodation provider the staff member will
elect to receive either:
A. the appropriate
rate of allowance specified in Item 2 of Table 1 - Allowances of Part B,
Monetary Rates, for every 24 hours absence by the staff member from their
residence, and actual meal expenses properly and reasonable incurred (excluding
morning and afternoon tea) for any residual part day travel; OR
B. In lieu of
sub-paragraph A of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 3 of Table 1 - Allowances of Part B, Monetary Rates.
(d) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Department Head that, despite the period
being of less than 24 hours duration, expenditure for accommodation and three
meals has been incurred. Where a staff member is unable to so satisfy the
Department Head or where part day travel at the end of the trip is involved,
the allowance payable for part days of travel will be limited to the actual
expenses incurred during such part day travel.
(e) A claim under
this subclause will not be made at the set rate for part of the absence (see
paragraph (b) of this subclause) and then on the basis of actual expenses for
the other part of the absence, except as provided for in paragraph (c) of this
subclause.
(f) After the first
35 days -If a staff member is required by the Department Head to work in the
same temporary work location for more than 35 days, such staff member will be
paid the appropriate rate of allowance as specified in item 4 of Table 1
allowances of Part B, Monetary Rates.
(g) Long term
arrangements - as an alternative to the provisions after the first 35 days set
out in paragraph (f) above the Department Head could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(h) The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location will not
constitute a break in temporary work arrangements.
(i) This clause
does not apply to staff members who are on an employee initiated secondment.
20. Excess Travelling
Time
(i) A staff member
directed by the Department Head to travel on official business outside the
usual hours of duty to perform duty at a location other than normal
headquarters will, at the Department Head’s discretion, be compensated for such
time either by:
(a) payment
calculated in accordance with the provisions contained in this subclause; or
(b) if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorized by the staff member’s manager.
(ii) Compensation under
subparagraphs (a) or (b) of this clause, will be subject to the following
conditions:
(a) on a
non-working day, subject to the provisions of paragraphs (v)(d), (e), and (f) -
all time spent travelling on official business;
(b) on a working day
- subject to the provisions of subclause (v), all additional time spent
travelling before or after the staff member's normal hours of duty.
(c) the period for
which compensation is being sought is more than a half an hour on any one day.
(iii) No compensation
for travelling time will be given in respect of travel between 11.00p.m. on any
one day and 7.30a.m. on the following day where the staff member has travelled
overnight and sleeping facilities have been provided for the staff member.
(iv) Compensation for
travelling time will be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(v) Compensation
for excess travelling time will exclude the following:
(a) time normally
taken for the periodic journey from home to headquarters and return;
(b) any periods of
excess travel of less than 30 minutes on anyone day;
(c) travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to undertaken;
(d) time from
11.00p.m. on one day to 7.30a.m. on the following day if sleeping facilities
have been provided.
(e) travel not
undertaken by the most practical available route;
(f) any travel
undertaken by a member of staff whose salary includes an "all incidents of
employment" component;
(g) travel overseas
(h) Time within the
flex time bandwidth
(vi) Waiting Time -When
a staff member is required to wait for transport in order to commence a journey
to another location or to return to headquarters and such time is outside the
normal hours of duty, such waiting time will be treated and compensated in the
same manner as travelling time.
(vii) Payment -
Payment for travelling time calculated in terms of this subclause will be at
the staff member's ordinary rate of pay on an hourly basis calculated as
follows:
|
Annual
Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal Hours of Work
|
(viii) The rate of
payment for travel or waiting time on a non-working day will be the same as
that applying to a working day.
(ix) Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 will be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
(x) Time off in
lieu or payment for excess travelling time or waiting time will not be granted
or made for more than eight hours in any period of 24 consecutive hours.
21. Meal Expenses on
One-Day Journeys
(i) A staff member
who is authorised by the Department Head to undertake a one day journey on
official business which does not require the staff member to obtain overnight
accommodation, will be paid the following allowances as set out in Item 1 of
Table 1 of Part B Rates for: -
(a) breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(b) an evening meal
when required to travel until or beyond 6.30p.m.; and
(c) lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member's normal headquarters at the time of taking the normal lunch break.
22. Restrictions on
Payment of Travelling Allowances
(i) An allowance
under Clause 19, Travel Allowance is not payable in respect of:
(a) any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(b) any period of
leave, except with the approval of the Department Head or as otherwise provided
by this subclause; or
(c) any other
period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
(ii) A staff member
who is in receipt of an allowance under Clause 19, Travel allowance, will be
entitled to the allowance in the following circumstances:
(a) When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member’s residence; and for the return journey from the staff member’s
residence to the temporary work location;
(b) When leaving a
temporary work location on ceasing to perform duty at or from a temporary work location,
for the necessary period of travel to return to the staff member’s residence or
to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
23. Increase or
Reduction in Payment of Travelling Allowances
(i) Where the
Department Head is satisfied that an allowance under Clause 19, Travel
Allowances is:
(a) Insufficient to
adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(b) In excess of the
amount that would adequately reimburse the staff member for expenses properly
and reasonably incurred, the Department Head may reduce the allowance to an amount
that would reimburse the staff member for expenses incurred properly and
reasonably.
24. Allowance Payable
for the Use of Private Motor Vehicles
(i) The Department
Head may authorise a staff member to use a private motor vehicle for work
where:
(a) such use will
result in greater efficiency or involve the department in less expense than if
travel were undertaken by other means; or
(b) where the staff
member is unable to use other means of transport due to a disability.
(ii) Different
levels of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
(a) the casual rate
is payable if a staff member elects, with the approval of the Department Head,
to use their vehicle for occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
(b) the official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a
component to compensate a staff member for owning and maintaining the vehicle.
(iii) A staff member
who, with the approval of the Department Head, uses a private motor vehicle for
work will be paid an appropriate rate of allowance specified in Item 6 of Table
1 of Part B Rates for the use of such private motor vehicle. A deduction from the allowance payable is to
be made for travel as described in subclause (x) of this clause.
(iv) The staff member
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive
motor vehicle insurance policy to an amount and in a form approved by the
Department Head.
(v) Where a private
vehicle is damaged while being used for work any normal excess insurance
charges prescribed by the insurer will be reimbursed by the department,
provided:
(a) the damage is
not due to negligence by the staff member; and
(b) the charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(vi) Provided the
damage is not the fault of the staff member, the department will reimburse to a
staff member the costs of repairs to a broken windscreen, if the staff member
can demonstrate that:
(a) the damage was
sustained on approved work activities; and
(b) the costs cannot
be met under the insurance policy due to excess clauses.
(vii) Expenses such as
tolls etc. will be refunded to staff members where the charge was incurred
during approved work related travel.
(viii) Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member will be entitled to
an additional allowance as prescribed in Item 6 of Table 1 of Part B, Monetary
Rates.
(ix) Except as
otherwise specified in this award, a staff member will bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters. Headquarters
means the administrative headquarters to which the staff member is attached or
from which the employee is required to operate on a long-term basis or the
designated headquarters per (a) below:
(a) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member in which the staff
member is required to use the private vehicle on official business, the distance
to and from a point designated within the typical work area is to be adopted as
the distance to and from the headquarters for the purpose of calculating the
daily deduction.
(b) A staff member’s
residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
(x) On days when a
staff member uses a private vehicle for official business and travels to and
from home, whether or not the staff member during that day visits headquarters,
a deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the staff member’s residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
(xi) Where
headquarters has been designated per (ix)(a) above and the staff member is
required to attend the administrative headquarters, the distance for
calculating the daily deduction is to be the actual distance to and from the
administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
(xii) Deductions are not
to be applied in respect of days characterised as follows:
(a) When staying
away from home overnight, including the day of return from any itinerary
(b) When the
employee uses the vehicle on official business and returns it home prior to
travelling to the headquarters by other means of transport at their own expense
(c) When the
employee uses the vehicle for official business after normal working hours
(d) When the monthly
claim voucher shows official use of the vehicle has occurred on one day only in
any week. Exemption from the deduction
under this sub-paragraph is exclusive of, and not in addition to, days referred
to in (a), (b) and (c) above.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Department Head is satisfied that:
at the time of purchasing the periodical ticket the
employee did not envisage the use of their private motor vehicle on approved
official business;
the periodical ticket was in fact purchased; and
in regard to train travellers, no allowance is to be
paid in respect of the distance between the staff member’s home and the railway
station or other immediate transport stopping place.
25. Overseas Travel
Allowance
Unless the Department Head determines that a staff member
will be paid travelling rates especially determined for the occasion, a staff
member who is required by the department to travel overseas on official
business, will be paid the appropriate travelling rates as specified in the
relevant Treasury Circular as issued from time to time.
26. Staff Exchanges
(i) The Department
Head may arrange two way or one way exchanges with other organisations both
public and private, if the department or the staff member will benefit from
additional training and development which is intended to be used in the
carrying out of the department's business.
(ii) The conditions
applicable to those staff members who participate in exchanges will be
determined by the Department Head according to the individual circumstances in
each case.
(iii) The provisions
of this subclause do not apply to the loan of services of staff members to
trade unions. The provisions of subclause (iv) of clause 55, Trade Union
Activities, of this award apply to staff members who are loaned to their trade
union.
27. Community Language
Allowance Scheme (CLAS)
(i) Staff members
who possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such staff members are not:
(a) employed as
interpreters and translators; and
(b) employed in
those positions where particular language skills are an integral part of
essential requirements of the position,
will be paid an allowance as specified in Item 7 of
Table 1 of Part B, Monetary Rates.
(ii) The base level
of the CLAS is paid to staff members who:
(a) are required to
meet occasional demands for language assistance (there is no regular pattern of
demand for their skill); and
(b) have passed an
examination administered by the Community Relations Commission, or who have
passed a National Accreditation Authority for Translators and Interpreters
(NAATI) language recognition award.
(iii) The higher
level of CLAS is paid to staff members who meet the requirements for the base
level of payment and:
(a) are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the staff member’s language skills, as determined by the Department
Head; or
(b) have achieved
qualifications of NAATI interpreter level or above. This recognizes that staff with higher levels
of language skill will communicate with an enhanced degree of efficiency and
effectiveness.
28. Flying Allowance
(i) Staff members,
other than those employed to fly aircraft, will be paid an allowance as
specified in Item 13 of Table 1 Allowances of Part B, Monetary Rates when
required to work from an in flight situation.
The flying allowance payable under this clause will be paid in addition
to any other entitlement for the time actually spent working in the aircraft.
29. First Aid
Allowance
(i) A staff member
appointed as a First Aid Officer will be paid a first aid allowance at the rate
appropriate to the qualifications held by such staff member as specified in
Item 10 of Table 1 of Part B, Monetary Rates.
(ii) The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid officer who holds a current qualification in HLTAID003 - Provide
first aid.
(iii) The Holders of
current Occupational First Aid Certificate Allowance Rate will apply to a staff
member appointed as a First Aid Officer who:
(a) is appointed to
be in charge of a First-Aid room in a workplace of 200 or more staff members
(100 for construction sites), and
(b) holds a current
HLTSS00027 - Occupational First Aid Skill Set qualification.
(iv) The First Aid
Allowance will not be paid during leave of one week or more.
(v) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member will be paid a pro rata first aid allowance for assuming the duties of a
First Aid Officer.
(vi) First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of
training staff members who do not already possess qualifications and need to be
trained to meet Departmental needs, and the cost of retraining First Aid
Officers, are to be met by the Department.
30. Semi-Official
Telephone Reimbursement
(i) Reimbursement
of expenses associated with a private telephone service installed at the
residence of a staff member will be made as specified in this subclause if the
staff member is required to be contacted or is required to contact others in
connection with the duties of his/her position in the department, as and when
required.
(ii) The service
must be located in the staff member's principal place of residence and its
telephone number communicated to all persons entitled to have out of hours
contact with the staff member.
(iii) The
semi-official telephone allowance applies to staff who are required, as part of
their duties to:
(a) give decisions,
supply information or provide emergency services; and/or
(b) be available for
reasons of safety or security for contact by the public outside of normal
office hours.
(iv) Unless better provisions
already apply to a staff member or a staff member has been provided with an
official telephone, reimbursement of expenses under this clause will be limited
to the following:
(a) the connection
fee for a telephone service, if the service is not already available at the
staff member's principal place of residence;
(b) the full annual
base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
(c) the full cost
of official local, STD and ISD calls.
(v) To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
(a) date, time,
length of call and estimated cost;
(b) name and phone
number of the person to whom call was made; and
(c) reason for the
call.
31. On-Call Allowance
Unless already eligible for an on-call allowance under
another industrial instrument, a staff member will be:
(i) entitled to be
paid the on call allowance set out in Item 9 of Table 1 of Part B, Monetary
Rates, when directed by the department to be on call outside the staff member's
working hours;
(ii) if a staff
member who is on call, is called out by the department, the overtime provisions
as set out in Clause 57, Overtime, of this award will apply to the time worked;
(iii) where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed will be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
32. Service Increments
Allowance
(i) Staff members
previously employed as Security Officers who received a long Service Increment
Allowance will continue to receive this allowance on a personal basis during
their employment with the NSW Parliament.
The allowance will be paid at the rate specified in the Crown Employees
(Public Sector – Salaries 2021) Award or any replacement instrument. A copy of
the rate is included at Item 14 of Table 1 of Part B, Monetary Rates, in this
Award.
(ii) Service
increments allowances are not payable to any other staff members other than
those under subclause (i) above.
33. Uniforms, Protective
Clothing and their Maintenance
(i) Uniform and
protective clothing provided by the department - A staff member who is required
or authorised by the appropriate Department Head to wear a uniform, protective
clothing or other specialised clothing in connection with the performance of
official duties will be provided by the department with such clothing and,
except as specified in subclause (iii) of this clause, will be paid an
allowance at the rate specified in Item 8 of Table 1 of Part B, Monetary Rates,
for laundering the uniform or protective clothing.
(ii) Uniform and
protective clothing provided by the staff member - Where the uniform,
protective clothing or other specialised clothing is provided by the staff
member, such staff member will be reimbursed the cost of the uniform,
protective clothing or other specialised clothing.
(iii) Payment of
laundry allowance - Unless the staff member is entitled to receive a laundry
allowance under another industrial instrument, or the Parliament provides the
cleaning and laundry service, the staff member to whom subclause (i) or (ii) of
this clause apply, will be paid an allowance at the rate specified in Item 10
of Table 1 of Part B, Monetary Rates for laundering the uniform or protective
clothing.
(iv) Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing will be met by the
department.
(v) Uniforms and
protective clothing provided by the Department will be replaced upon
certification by the Manager that they are no longer serviceable.
34. Compensation for
Damage to Or Loss of Staff Members’ Personal Property
(i) Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers
Compensation Act 1987 and/or under any insurance policy of the department
covering the damage to or loss of the personal property of the staff member.
(ii) If a claim
under subclause (i) of this clause is rejected by the insurer, the Department
Head may compensate a staff member for the damage to or loss of personal
property, if such damage or loss:
(a) is due to the
negligence of the department, another staff member, or both, in the performance
of their duties; or
(b) is caused by a
defect in a staff member's material or equipment; or
(c) results from a
staff member's protection of or attempt to protect departmental property from
loss or damage.
(iii) Compensation in
terms of subclause (ii) of this clause will be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Department Head may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
(iv) For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the staff member's duties.
(v) Compensation
for the damage sustained will be made by the department where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
35. Adjustment of
Allowances
(i) The allowance
specified in paragraph (x)(xi)(b) of clause 57, Overtime, will be adjusted in
line with the Crown Employees (Public Sector - Salaries 2021) Award or any
variation or replacement award.
(ii) Allowances
listed in this paragraph will be determined at a level consistent with the
reasonable allowance amounts for the appropriate income year as published by
the Australian Taxation Office (ATO):
(a) Clause 19,
Travel Allowances
(b) Clause 21, Meal
expenses on one day journeys;
(c) Subclause 57(x)
Overtime meal allowances
(iii) Allowances
listed in this paragraph will be determined and become effective from 1 July
each year at a level consistent with the reasonable allowances amounts as
published at or before that time by the ATO:
(a) Clause 24,
Allowance payable for the use of private motor vehicle
(iv) Allowances
payable in terms of clauses listed in this paragraph will be adjusted on 1 July
each year in line with the increases in the Consumer Price Index for Sydney
during the preceding year (March Quarter figures)
(a) Clause 33,
Uniforms, protective clothing and their maintenance
(v) Allowances
payable in terms of clauses listed in this paragraph will be adjusted in line
with any increases to the same allowances payable under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009, or any
replacement award and will be adjusted on and from the date or pay period the
percentage increase takes effect:
(a) Clause 27,
Community Language Allowance Scheme
(b) Clause 28,
Flying Allowance
(c) Clause 29,
First Aid Allowance
(d) Clause 31,
On-call allowance
36. Leave - General
(i) General
(a) The leave
provisions contained in this award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Department Head and the relevant trade union
in terms of clause 5, Local Arrangements of this award.
(b) Unless otherwise
specified, part time staff members will receive the conditions of this clause
on a pro rata basis, calculated according to the number of hours worked per
week.
(c) The leave
provisions of this award do not apply to an apprentice, except in respect of
recreation leave if the entitlement to recreation leave under the
apprenticeship award is less favourable than the recreation leave provisions
under this clause.
(d) A temporary
employee is eligible to take a period of approved leave during the current
period of employment and may continue such leave during a subsequent period or
periods of employment in the Parliament, if such period or periods of
employment commence immediately on termination of a previous period or periods
of employment.
(e) Where paid and
unpaid leave available to be granted under this clause are combined, paid leave
will be taken before unpaid leave.
(ii) Absence from
Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff
member is absent from duty because of illness or other emergency, the staff
member will notify or arrange for another person to notify the supervisor as
soon as possible of the staff member's absence and the reason for the absence.
(c) If a
satisfactory explanation for the absence is not provided, the staff member will
be regarded as absent from duty without authorised leave and the Department
Head will deduct from the pay of the staff member the amount equivalent to the
period of the absence.
(d) The minimum
period of leave available to be granted will be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
(iii) Application for
Leave
(a) An application
by a staff member for leave under this award will be made to and dealt with by
the Department Head.
(b) the Department
Head will deal with the application for leave according to the wishes of the
staff member, if the operational requirements of the department permit this to
be done.
37. Leave for Casual
Employees
(i) Other than as
described under subclauses (iii), (iv), (v) and (vii) of this clause, casual
employees are not entitled to any other paid or unpaid leave.
(ii) Casual
employees will be paid a loading of 1/12th in lieu of annual leave.
(iii) Casual
employees will be entitled to long service leave in accordance with the
provisions of the Long Service Leave Act 1955.
(iv) Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental leave, in accordance with the Industrial
Relations Act 1996. The following
provisions will also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual employee because:
1. the employee or
employee’s spouse is pregnant; or
2. 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.
(v) Personal Carers
Entitlement for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in subclause (vi) of this clause who is
sick and requires care and support, or who requires care due to an unexpected
emergency, or the birth of a child. This
entitlement is subject to the evidentiary requirements set out below in
paragraph (d), and the notice requirements set out in paragraph (e).
(b) The Department
Head and the casual 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) The Department
Head 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.
(d) The casual
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, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
(vi) A family member
for the purposes of paragraph (v)(a) of this clause is the same as defined
under paragraph 42(iv)(b) Sick Leave to care for a family member.
(vii) Bereavement
entitlements for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(b) The Department
Head and the casual 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) The Department
Head 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.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours of
the first day or shift of such absence, inform the employer of their inability
to attend for duty. If it is not
reasonably practicable to inform the employer during the ordinary hours of the
first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
38. Recreation Leave
(i) Accrual
(a) Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year.
(b) Staff members
working part time will accrue paid recreation leave on a pro rata basis, which
will be determined on the average weekly hours worked per leave year.
(c) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
who is stationed indefinitely in a remote area of the State, as defined in
clause 2, Definitions, of this award.
(d) Additional
recreation leave, at the rate of 10 days per year, accrues to a staff member,
who is Sessional Staff as defined in clause 2, Definitions.
(e) A staff member
who is not defined as Sessional Staff who at 12 March 1992 was in receipt of 6
weeks leave each year will continue to receive six (6) weeks leave each year
maintained on a personal basis.
(f) Recreation
leave accrues from day to day.
(ii) Limits on
Accumulation of recreation leave and direction to take leave
(a) At least two
(2) consecutive weeks of recreation leave will be taken by a staff member every
12 months for recreation purposes, except by agreement with the Department Head
in special circumstances.
(b) Where the
operational requirements permit, the application for leave will be dealt with
by the Department Head according to the wishes of the staff member.
(c) The Department
Head will notify the staff member in writing when accrued recreation leave
reaches 6 weeks or its hourly equivalent, and at the same time may direct a
staff member to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to the Department or Section.
(d) The Department
Head will notify the staff member in writing when accrued recreation leave
reaches 8 weeks or its hourly equivalent and may direct the staff member to
take at least 2 weeks recreation leave within 6 weeks of the notification. Such
leave is to be taken at a time convenient to the department or section.
(e) A staff member must
take their recreation leave to reduce all balances below 8 weeks or its hourly
equivalent, and the Department must cooperate in this process. The Department may direct a staff member with
more than 8 weeks to take their recreation leave so that it is reduced to below
9 weeks by 30 June 2011.
(f) Staff defined
as Sessional Staff, in paragraph (c) 8 weeks substitutes for 6 weeks and in
paragraph (d) and (e) 10 weeks substitutes for 8 weeks.
(iii) Conservation of
recreation leave - If the Department Head is satisfied that a staff member is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of less than 8
weeks, or its hourly equivalent the Department Head will:
(a) specify in
writing the period of time during which the excess will be conserved; and
(b) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 week level
specified.
(c) The Department
Head will inform a staff member in writing on a regular basis of the staff
member's recreation leave accrual.
(iv) Recreation Leave
- Other provisions
(a) Unless a local
arrangement has been negotiated between the Department Head and the relevant
trade union, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
(b) Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fraction less than a quarter being rounded up).
(c) Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in paragraph (d) of
this subclause.
(d) Recreation leave
does not accrue during leave without pay other than:
(1) Military leave
taken without pay when paid military leave entitlements are exhausted;
(2) Absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
(3) Any continuous
period of sick leave taken without pay when paid sick leave is exhausted
(4) Incapacity for which
compensation has been authorised under the Workplace
Injury Management and Workers’ Compensation Act 1988; or
(5) Periods of sick
leave without pay or any other approved leave without pay which when aggregated
do not exceed 5 working days in any period of 12 months.
(e) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph (d) of this
subclause above will be calculated to an exact quarter day (fractions less than
a quarter being rounded down).
(f) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay.
(g) Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave - see Clause 45, Parental
Leave.
(h) On cessation of
employment, a staff member is entitled to be paid the money value of accrued
recreation leave, which remains untaken.
(i) A staff member
to whom paragraph (h) of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(j) Death -Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death will be paid to the staff member's nominated
beneficiary.
(k) Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:-
(1) to the widow,
widower or de facto partner of the staff member; or
(2) if there is no
widow, widower or de facto partner, to the children of the staff member or, if
there is a guardian of any children entitled under this subclause, to that
guardian for the children's maintenance, education and advancement; or
(3) if there is no
such widow, widower or de facto partner or children, to the person who, in the
opinion of the Department Head was, at the time of the staff member's death, a
dependent relative of the staff member; or
(4) if there is no
person entitled under subparagraphs (1) or (2) or (3) of this paragraph to
receive the money value of any leave not taken or not completed by a staff
member or which would have accrued to the staff member, the payment will be
made to the personal representative of the staff member.
(l) A staff member
entitled to additional recreation leave under 38(i)(c) and (d) can elect at any
time to cash out the additional recreation leave.
39. Annual Leave
Loading
(i) General -
Unless more favourable conditions apply to a staff member under another
industrial instrument, a staff member, other than a trainee who is paid by
allowance, is entitled to be paid an annual leave loading as set out in this
subparagraph. Subject to the provisions
set out in subclauses (ii) to (vi) of this clause the annual leave loading will
be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a
leave year.
(ii) Loading on
additional leave accrued - Where additional leave is accrued by a staff member:
(a) as compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading will be calculated on the actual leave accrued or on five weeks,
whichever is the higher.
(b) if stationed in
an area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading will continue to be paid on a maximum
of 4 weeks leave.
(iii) Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
(a) the shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on recreation
leave; or
(b) 17½% annual
leave loading.
(iv) Maximum Loading
-Unless otherwise provided in an Award or Agreement under which the staff
member is paid, the annual leave loading payable will not exceed the amount
which would have been payable to a staff member in receipt of salary equivalent
to the maximum salary for a Grade 12 Clerk.
(v) Leave year -For
the calculation of the annual leave loading, the leave year will commence on 1
December each year and will end on 30 November of the following year.
(vi) Payment of
annual leave loading - Payment of the annual leave loading will be made on the
recreation leave accrued during the previous leave year and will be subject to
the following conditions:
(a) annual leave
loading will be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two consecutive weeks leave for recreation
purposes. Such leave may be a
combination of recreation leave and any of the following: public holidays, flex
leave, extended leave, leave without pay, time off in lieu, rostered day off.
(b) if at least two
weeks leave as set out in paragraph (a) of this subclause is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year will be made to the staff member as at 30 November of the
current year.
(c) while annual
leave loading will not be paid in the first leave year of employment, it will
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in subparagraph (a) of this subclause is
taken.
(d) a staff member
who has not been paid the annual leave loading for the previous leave year,
will be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(e) Except in cases
of Voluntary Redundancy, proportionate leave loading is not payable on
cessation of employment.
40. Sick Leave
(i) Illness in this
clause and in clauses 41 and 42 means physical and psychological illness or
injury, medical treatment and the period of recovery or rehabilitation from an
illness or injury.
(ii) Payment for
sick leave is subject to the staff member:
(a) Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done as
close to the staff member’s starting time as possible, and
(b) Providing
evidence of illness as soon as practicable if required by clause 41.
(iii) If the
Department Head is satisfied that a staff member is unable to perform duty
because of the staff member's illness or the illness of his/her family member,
the Department Head:
(a) will grant to
the staff member sick leave on full pay; and
(b) may grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this Award to sick leave on full pay.
(iv) The Department
Head may direct a staff member to take sick leave if they are satisfied that,
due to the staff member’s illness, the staff member:
(a) is unable to
carry out their duties without distress; or
(b) risks further
impairment of their health by reporting for duty; or
(c) is a risk to
the health, wellbeing or safety of other staff members, Departmental clients or
members of the public.
(v) The Department
Head may direct a staff member to participate in a return to work program if
the staff member has been absent on a long period of sick leave.
(vi) Entitlements
(a) At the
commencement of employment with the Parliament, a full time staff member is
granted an accrual of 5 days sick leave.
(b) After the first
four months of employment, the staff member will accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(c) After the first
year of service, the staff member will accrue sick leave day to day at the rate
of 15 working days per year of service.
(d) All continuous
service as a staff member with the NSW public service will be taken into
account for the purpose of calculating sick leave due. Where the service in the NSW public service
is not continuous, previous periods of public service will be taken into
account for the purpose of calculating sick leave due if the previous sick
leave records are available.
(e) Sick leave
without pay will count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay will be treated in the same manner as leave without pay.
(f) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay, will be converted to its full pay equivalent.
(g) Paid sick leave
will not be granted during a period of unpaid leave.
(vii) Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service will be limited to 5 days paid sick leave, unless the
Department Head approves otherwise. Paid
sick leave in excess of 5 days granted in the first 3 months of service will be
supported by a satisfactory medical certificate.
(viii) Seasonal or
relief staff - No paid sick leave will be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
41. Sick Leave -
Requirements for Medical Certificate
(i) A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Department Head in respect of the
absence.
(ii) In addition to
the requirements under subclause 40(ii), Sick Leave, of this award, a staff
member may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the Department Head. Staff members who absent themselves in excess
of 5 working days in a calendar year may be required to furnish evidence of
illness to the Department Head for each occasion absent for the balance of the
calendar year.
(iii) As a general
practice backdated medical certificates will not be accepted. However, if a staff member provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Department Head is satisfied that the
reason for the absence is genuine.
(iv) If a staff
member is required to provide evidence of illness for an absence of 2
consecutive working days or less, the Department Head will advise them in
advance.
(v) If the
Department Head is concerned about the diagnosis described in the evidence of
illness produced by the staff member, after discussion with the staff member,
the evidence provided and the staff member’s application for leave can be
referred to the Government’s nominated medical assessment provider for advice.
(a) The type of
leave granted to the staff member will be determined by the Department Head
based on the Government’s nominated medical assessment provider’s advice.
(b) If sick leave is
not granted, the Department Head will, as far as practicable, take into account
the wishes of the staff member when determining the type of leave granted.
(vi) The granting of
paid sick leave will be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentiality by an alternate
manager or the human resources section of the Department.
(vii) The reference in
this clause to evidence of illness will apply as appropriate:
(a) up to one week
may be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillofacial surgeon or, at the Department Head’s
discretion, another registered health services provider, or
(b) where the
absence exceeds one week, and unless the health provider listed in paragraph
41(vii)(a) of this subclause is also a registered medical practitioner,
applications for any further sick leave must be supported by evidence of
illness from a registered medical practitioner, or
(c) at the
Department Head’s discretion, other forms of evidence that satisfy that a staff
member had a genuine illness.
(viii) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Department Head a satisfactory medical certificate in respect of an illness
which occurred during the leave, the Department Head may, subject to the
provisions of this clause, grant sick leave to the staff member as follows:
(a) In respect of
recreation leave, the period set out in the medical certificate;
(b) In respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more
(c) The Department
Head has the discretion to accept the other forms of evidence to satisfy that a
staff member had a genuine illness.
(ix) Sub-clause
(viii) applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
42. Sick Leave to Care
for a Family Member
(i) Where family
and community service leave provided for in clause 46, Family and Community
Service Leave, of this award is exhausted or unavailable, a staff member with
responsibilities in relation to a category of person set out in subclause (iv)
of this clause who needs the staff member's care and support, may elect to use
available paid sick leave, subject to the conditions specified in this
subclause, to provide such care and support when a family member is ill.
(ii) The sick leave
will initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the Department Head may grant additional sick
leave from the sick leave accumulated during the staff member's eligible service.
(iii) If required by
the Department Head, the staff member must establish by production of a medical
certificate or statutory declaration, the illness of the person concerned,
consistent with subclause 41(vi).
(iv) The entitlement
to use sick leave in accordance with this subclause is subject to:
(a) the staff
member being responsible for the care and support of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
staff member; or
(2) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(3) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(4) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition: -
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
43. Sick Leave - Workers
Compensation
(i) The Department
Head will advise each staff member of the rights under the Workers
Compensation Act 1987, as amended from time to time, and will give such
assistance and advice, as necessary, in the lodging of any claim.
(ii) A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987 will be required to lodge a
claim for any such compensation.
(iii) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Department Head will assist the staff member or the representative
of the staff member, as required, to lodge a claim for any such compensation.
(iv) The Department
Head will ensure that, once received by the department, a staff member's
worker's compensation claim is lodged by the department with the workers
compensation insurer within the statutory period prescribed in the Workers
Compensation Act 1987.
(v) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Department Head will grant sick leave on full pay for which
the staff member is eligible followed, if necessary, by sick leave without pay
or, at the staff member's election by accrued recreation leave or extended
leave.
(vi) If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim will be
restored to the credit of the staff member.
(vii) A staff member
who receives compensation pursuant to the Workers
Compensation Act 1987 may use any accrued and untaken sick leave to make up
the difference between the amount of compensation payable under that Act and
the staff member's ordinary rate of pay. Sick leave utilised in this way will
be debited against the staff member.
(viii) If a staff
member notifies the Department Head that he or she does not intend to make a
claim for any such compensation, the Department Head will consider the reasons
for the staff member's decision and will determine whether, in the
circumstances, it is appropriate to grant sick leave in respect of any such
absence.
(ix) A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member will not be granted available sick leave on
full pay until the examination has occurred and a medical certificate is issued
indicating that the staff member is not fit to resume employment.
(x) If the
Department Head provides the staff member with employment which meets the terms
and conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails to
resume or perform such duties, the staff member will be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
(xi) No further sick
leave will be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers
Compensation Act 1987.
(xii) Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:
(a) the staff
member's claim for workers' compensation;
(b) the conduct of a
medical examination by a Government or other Medical Officer;
(c) a medical certificate
issued by the examining Government or other Medical Officer; or
(d) action taken by
the Department Head either under the Workers Compensation Act 1987 or
any other relevant legislation in relation to a claim for workers compensation,
medical examination or medical certificate.
44. Sick Leave - Other
Than Workers Compensation
(i) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:
(a) any such claim,
if made, will include a claim for the value of any period of paid sick leave
granted by the department to the staff member; and
(b) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the department the monetary value of any such
period of sick leave.
(ii) Sick leave on
full pay will not be granted to a staff member who refuses or fails to complete
an undertaking, except in cases where the Department Head is satisfied that the
refusal or failure is unavoidable.
(iii) On repayment to
the department of the monetary value of sick leave granted to the staff member,
sick leave equivalent to that repayment and calculated at the staff member's
ordinary rate of pay, will be restored to the credit of the staff member.
45. Parental Leave
(i) Parental leave
includes maternity, adoption leave and "other parent" leave.
(ii) Maternity leave
will apply to a staff member who is pregnant and, subject to this clause the
staff member will be entitled to be granted maternity leave as follows:
(a) For a period up
to 9 weeks prior to the expected date of birth; and
(b) For a further
period of up to 12 months after the actual date of birth.
(c) A staff member who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
(iii) Adoption leave
will apply to a staff member adopting a child and who will be the primary care
giver, the staff member will be granted adoption leave as follows:
(a) For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
(b) For such period,
not exceeding 12 months on a full-time basis, as the Department Head may
determine, if the child has commenced school at the date of the taking of
custody.
(c) Special
Adoption Leave - A staff member will be entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flex leave or family and community service
leave.
(iv) Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(a) Short other
parent leave - an unbroken period of up to 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption, from the date of taking custody of the child or children;
(b) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
(a) of this subclause. Extended other parental leave may commence at any time
up to 2 years from the date of birth of the child or the taking of custody of
the child.
(v) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
(a) Applied for
parental leave within the time and in the manner determined set out in
subclause (ix) of this clause; and
(b) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(c) Payment for the
maternity, adoption or short other parent leave may be made as follows:
(1) in advance as a
lump sum; or
(2) fortnightly as
normal; or
(3) fortnightly at
half pay; or
(4) a combination
of full-pay and half pay.
(vi) Payment for parental
leave is at the rate applicable when the leave is taken. A member of staff
holding a full time position who is on part time leave without pay when they
start parental leave is paid:
(a) at the full
time rate if they began part time leave 40 weeks or less before starting
parental leave;
(b) at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40
weeks;
(c) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
(vii) A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
(a) at the rate
they were paid (full-time or part-time) before commencing the initial leave if
they have not returned to work:
(b) at a rate based
on the hours worked before the initial leave was taken, where the staff member
has returned to work and reduced their hours during the 24 month period; or
(c) at a rate based
on the hours worked prior to the subsequent period of leave where the staff
member has not reduced their hours.
(viii) Except as
provided in subclauses (v), (vi) and (vii) of this clause parental leave will
be granted without pay.
(ix) Right to request
(a) A staff member
who has been granted parental leave in accordance with subclause (ii), (iii) or
(iv) may make a request to the Department Head to:
(1) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(2) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
(b) The Department
Head will consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or the Department Head’
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(x) Notification
Requirements
(a) When the
Department Head is made aware that a staff member or their spouse is pregnant,
or a staff member’s spouse is pregnant or is adopting a child, the Department
Head must inform the staff member of their entitlements and their obligations
under the award.
(b) A staff member
who wishes to take parental leave must notify the Department Head in writing at
least 8 weeks (or as soon as practicable) before the expected commencement of
parental leave:
(1) that she/he
intends to take parental leave, and
(2) the expected
date of birth or the expected date of placement, and
(3) if she/he is
likely to make a request under subclause (ix).
(c) At least 4
weeks before a staff member's expected date of commencing parental leave they
must advise:
(1) the date on
which the maternity, adoption or other parent leave is intended to start, and
(2) the period of
leave to be taken.
(d) Staff member’s
request and the Department Head’ decision to be in writing. The staff member’s request under paragraph
(ix)(a) and the Department Head’ decision made under paragraph (ix)(b) must be
recorded in writing.
(e) A staff member
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Department
Head in writing as soon as practicable and preferably before beginning parental
leave. If the notification is not given before commencing such leave, it may be
given at any time up to 4 weeks before the proposed return on a part time
basis, or later if the Department Head agrees.
(f) A staff member
on maternity leave is to notify the Department Head of the date on which she
gave birth as soon as she can conveniently do so.
(g) A staff member must
notify the Department Head as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
(h) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the Department Head and any number of times with
the consent of the Department Head. In each case she/he must give the
Department Head at least 14 days’ notice of the change unless the Department
Head decides otherwise.
(xi) A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause (ix), and she/he resumes duty
immediately after the approved leave or work on a part time basis.
(xii) If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member will be
appointed to a position of the same grade and classification as the staff
member’s former position.
(xiii) A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Department Head approves a return to work on
a part time basis then the position occupied is to be at the same
classification and grade as the former position.
(xiv) A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the Department Head) must be given.
(xv) A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
(xvi) A staff member
may elect to take available recreation leave or extended leave within the period
of parental leave provided this does not extend the total period of such leave.
(xvii) A staff member
may elect to take available recreation leave at half pay in conjunction with
parental leave subject to:
(a) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave
(b) the total period
of parental leave, is not extended by the taking of recreation leave at half
pay
(c) When
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay will be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
(xviii) If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Department Head, should, in consultation with the member of staff, take all
reasonable measures to arrange for safer alternative duties. This may include,
but is not limited to greater flexibility in when and where duties are carried
out, a temporary change in duties, retraining, multi-skilling, teleworking and
job redesign.
(xix) If such
adjustments cannot reasonably be made, the Department Head must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
(xx) Communication
during parental leave
(a) Where a staff
member is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Department Head will take reasonable
steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(2) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(b) The staff member
will take reasonable steps to inform the Department Head about any significant
matter that will affect the staff member’s decision regarding the duration of
parental leave to be taken, whether the staff member intends to return to work
and whether the staff member intends to request to return to work on a part
time basis.
(c) The staff
member will also notify the Department Head of changes of address or other
contact details which might affect the Department Head’ capacity to comply with
paragraph (a).
46. Family and
Community Service Leave
(i) The Department
Head will grant to a staff member some, or all, of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies in subclause (ii). The Department Head may also grant leave for
the purposes in sub-clause (iii).
Non-emergency appointments or duties will be scheduled or performed
outside of normal working hours or though approved use of flexible working
arrangements or other appropriate leave.
(ii) Such unplanned
and emergency situations may include but not be limited to the following:
(a) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(b) emergency
accommodation matters up to one day - such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(c) emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent a staff member from reporting for duty;
(d) Attending to
emergency or unplanned or unforeseen family responsibilities, such as attending
a child’s school for an emergency reason or emergency cancellations by child
care providers;
(e) attendance at court
by a staff member to answer a charge for a criminal offence, if the Department
Head considers the granting of family and community service leave to be
appropriate in a particular case.
(iii) Family and
community service leave may also be granted for:
(a) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding offices in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided that
the staff member does not hold a position of mayor of a municipal council,
president of a shire council, or chairperson of a county council; and
(b) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
(iv) The definition
of ‘family’ or ‘relative’ in this clause is the same as that provided in
paragraph 42(iv)(b).
(v) Family and
community service leave will accrue as follows:
(a) 2.5 days in the
staff member’s first year of service;
(b) 2.5 days in the
staff member’s second year of service; and
(c) One day per
year thereafter.
(vi) If available
family and community is exhausted as a result of natural disasters, the
Department Head will consider applications for additional family and community
service leave, if some other emergency arises.
(vii) If available
family and community service leave is exhausted on the death of a family member
or relative, additional paid Family and Community Service leave of up to 2 days
may be granted on a discrete, per occasion basis to a staff member.
(viii) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 42, Sick Leave to Care
for a Family Member, will be granted when paid family and community service
leave has been exhausted or is unavailable.
(ix) A Department
Head may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
47. Observance of
Essential Religious or Cultural Obligations
(i) A staff member
of:
(a) any religious faith
who seeks leave for the purpose of observing essential religious obligations of
that faith; or
(b) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations,
may be granted recreation/extended leave to credit,
flex leave, RDO or leave without pay to do so.
(ii) Provided
adequate notice as to the need for leave is given by the staff member to the
department and it is operationally convenient to release the staff member from
duty, the Department Head must grant the leave applied for by the staff member
in terms of this subclause.
(iii) A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, will be granted such time off
by the Department Head, subject to:
(a) adequate notice
being given by the staff member;
(b) prior approval
being obtained by the staff member; and
(c) the time off
being made up in the manner approved by the Department Head.
(iv) Notwithstanding
the provisions of subclauses (i), (ii) and (iii) of this clause, arrangements
may be negotiated between the department and the relevant trade union(s) in
terms of clause 5, Local Arrangements, of this award to provide greater
flexibility for staff members for the observance of essential religious or
cultural obligations.
48. Extended Leave
Extended leave will accrue and will be granted to staff
members in accordance with the provisions of Schedule 1 of the Government Sector Employment Regulation
2014.
49. Leave Without Pay
(i) The Department
Head may grant leave without pay to a staff member if good and sufficient
reason is shown.
(ii) Leave without pay
may be granted on a full-time or a part time basis.
(iii) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member will be paid for any proclaimed public holidays
falling during such leave without pay.
(iv) Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave will count as
service for incremental progression and accrual of recreation leave.
(v) A staff member
who has been granted leave without pay, will not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Department Head.
(vi) A staff member
will not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave will be taken before leave
without pay.
(vii) No paid leave will
be granted during a period of leave without pay.
(viii) A permanent
appointment may be made to the staff member’s position if:
(a) The leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(b) The staff member
is advised of the Department’s proposal to permanently backfill their position;
and
(c) the staff
member is given a reasonable opportunity to end the leave without pay and
return to their position; and
(d) the Department
advised the staff member at the time of the subsequent approval that the
position will be filled on a permanent basis during the period of leave without
pay.
(ix) The position
cannot be filled permanently unless the above criteria are satisfied.
(x) The staff
member does not cease to be employed by the Department if their position is
permanently backfilled.
(xi) Subclause (viii)
above does not apply to full-time unpaid parental leave granted in accordance
with paragraph 45(ix)(a) or to military leave.
50. Military Leave
(i) During the
period of 12 months commencing on 1 July each year, the Department Head may grant
to a staff member who is a volunteer part time member of the Defence Forces,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction or compulsory parades
conducted by the staff member's unit.
(ii) In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to prevent a staff member from
rendering or volunteering to render, ordinary Defence Reserve Service.
(iii) Up to 24
working days military leave per financial year may be granted by the Department
Head to members of the Naval and Military Reserves and up to 28 working days
per financial year to members of the Air Force Reserve for the activities
specified in subclause (i) of this clause.
(iv) A Department
Head may grant a staff member special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
(v) A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the entitlement specified in
subclause (iii) may be granted Military Leave Top Up Pay by the Department
Head.
(vi) Military Leave
Top Up Pay is calculated as the difference between a staff member’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
(vii) During a period
of Military Leave Top Up Pay, a staff member will continue to accrue sick leave,
recreation and extended leave entitlements, and Departments are to continue to
make superannuation contributions at the normal rate.
(viii) At the
expiration of military leave granted in accordance with this Clause, the staff
member will furnish to the Department Head a certificate of attendance and
details of the staff member’s reservist pay signed by the commanding officer or
other responsible officer.
51. Special Leave
(i) Special Leave -
Jury Service
(a) A staff member
will, as soon as possible, notify the Department Head of the details of any
jury summons served on the staff member.
(b) A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons will, upon return to duty after discharge from jury service,
furnish to the Department Head a certificate of attendance issued by the
Sheriff or by the Registrar of the court giving particulars of attendances by
the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.
(c) When a
certificate of attendance on jury service is received in respect of any period
during which a staff member was required to be on duty, the Department Head
will grant, in respect of any such period for which the staff member has been
paid out-of-pocket expenses only, special leave on full pay. In any other case,
the Department Head will grant, at the sole election of the staff member,
available recreation leave on full pay, flex leave or leave without pay.
(ii) Witness at
Court - Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member will be regarded as being on duty.
(a) Salary and any
expenses properly and reasonably incurred by the staff member in connection
with the staff member's appearance at Court as a witness in an official capacity
will be paid by the department.
(iii) Witness at
Court - Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) will:
(a) be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
(b) pay into the
Parliament of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
(c) Union Witness -
a staff member called by their union to give evidence before an Industrial
Tribunal or in another jurisdiction, will be granted special leave by the
department for the required period.
(iv) Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity will, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
flex leave or recreation/extended leave on full pay or leave without pay.
(v) Special Leave -
Examinations - Special leave on full pay up to a maximum of 5 days in any one
year will be granted to staff members for the purpose of attending at any
examination approved by the Department Head.
(a) Special leave
granted to attend examinations will include leave for any necessary travel to
or from the place at which the examination is held.
(b) If an
examination for a course of study is held during term or semester within the
normal class timetable and study time has been granted to the staff member, no
further leave is granted for any examination.
(vi) Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited trade union delegates to undertake trade union activities as
provided for in Clause 55, Trade Union Activities, of this award.
(vii) A staff member
who identifies as an Indigenous Australian may be granted up to one day's
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations (NAIDOC).
Leave can be taken at any time during NAIDOC week, or in the weeks leading up
to and after NAIDOC week as negotiated between the supervisor and the staff
member.(vii) Special Leave - Other Purposes - Special leave on full pay may be
granted to staff members by the Department Head for such other purposes, during
such periods and subject to the conditions specified in the New South Wales
Public Service Industrial Relations Guide at the time the leave is taken.
51A. Leave for Matters Arising from Domestic Violence
(i) The definition
of domestic violence is found in clause 2, Definitions, of this award.
(ii) Staff experiencing
domestic violence are entitled to 10 days paid domestic and family violence
leave per calendar year (non-cumulative and able to be taken in part-days,
single days, or consecutive days). The leave is to be available for employees
experiencing domestic and family violence, for purposes including; seeking safe
accommodation; attending medical, legal, police or counselling appointments
relating to their experience of domestic and family violence; attending court
and other legal proceedings relating to their experience of domestic and family
violence; organising alternative care or education arrangements for their
children; or other related purposes approved by the agency head.
(iii) When approving
leave, the agency head needs to be satisfied, on reasonable grounds, that
domestic and family violence has occurred, and may require proof such as; an
agreed document issued by the Police Force, a court, a domestic violence
support service or a member of the legal profession; a provisional, interim or
final Apprehended Violence Order (AVO), certificate of conviction or family law
injunction; or a medical certificate.
(iv) The leave
entitlement can be accessed without the need to exhaust other existing leave
entitlements first.
(v) The leave
entitlement does not extend to casual employees. Temporary and part-time
employees will be entitled to the leave on a pro-rata basis.
(vi) Leave
entitlements provided for in clause 46, Family and Community Service Leave,
clause 42, Sick leave to care for Family Member and clause 40, Sick Leave, may
be used by staff members experiencing domestic violence where the entitlements
in 51A (ii) have been exhausted.
(vii) Personal
information concerning domestic violence will be kept confidential by the
agency.
(viii) The Department
Head(s), where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
52. Purchased Leave
(i) A staff member
may apply to enter in an agreement with the Department Head to purchase either
10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
(ii) Each
application will be considered subject to operational requirements and personal
needs and will take into account departmental business needs and work demands.
(iii) The leave must
be taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading
(iv) The leave will
count as service for all purposes.
(v) The purchased
leave will be funded through the reduction in the staff member’s ordinary rate
of pay.
(vi) Purchased leave
rate of pay means the rate of pay a staff member receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
(vii) To calculate the
purchase leave rate of pay, the staff member’s ordinary salary rate will be
reduced by the number of weeks or purchased leave and then annualised at a pro
rata rate over the 12 month period.
(viii) Purchased leave
is subject to the following provisions:
(a) The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
(b) Other leave
taken during the 12 month purchased leave agreement period i.e. sick leave,
recreation leave, extended leave or leave in lieu will be paid at the purchased
leave rate of pay.
(c) Sick leave
cannot be taken during a period of purchased leave
(d) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings
(e) Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the staff member’s hourly rate based on the ordinary rate of
pay
(f) Higher duties
allowance will not be paid when a period of purchased leave is taken.
(ix) Specific
conditions governing purchased leave may be amended from time to time in
consultation with the Association.
53. Study Assistance
(i) Study Time -
The Department Head will have the power to grant or refuse study time.
(ii) Where the
Department Head approves the grant of study time, the grant will be subject to:
(a) the course
being a course relevant to the department and/or the Parliament; and
(b) the time being
taken at the convenience of the department or section.
(c) Study time not
exceeding a maximum of 4 hours per week, to accrue on the basis of half an hour
for each hour of class attendance.
(iii) Study time may
be granted to both full and part time staff. Part time staff however will be
entitled to a pro-rata allocation of study time to that of a full-time staff.
(iv) Study time may
be used for:
(a) attending compulsory
lectures, tutorials, residential schools, field days etc., where these are held
during working hours; and/or
(b) necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
(c) private study;
and/or
(d) Accumulation,
subject to the conditions specified in subclauses (vi) to (x) of this clause.
(v) Staff requiring
study time must nominate the type(s) of study time preferred at the time of
application and prior to the proposed commencement of the academic period. The
types of study time are as follows:
(a) Face-to-Face -
Staff may elect to take weekly and/or accrued study time, subject to the
provisions for its grant.
(b) Correspondence -
Staff may elect to take weekly and/or accrued study time, or time off to attend
compulsory residential schools.
(c) Accumulation -
Staff may choose to accumulate part or all of their study time as provided in
paragraphs (vi) to (x) of this clause.
(vi) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the department.
(vii) Staff on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff and the
department.
(viii) Where at the
commencement of an academic year/semester staff elects to accrue study time and
that staff member has consequently foregone the opportunity of taking weekly
study time, the accrued period of time off must be granted even if changed work
circumstances mean absence from duty would be inconvenient.
(ix) Staff attempting
courses which provide for annual examinations, may vary the election as to
accrual, made at the commencement of an academic year, effective from 1st July
in that year.
(x) Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
(xi) Staff studying
in semester based courses may vary their election as to accrual or otherwise
from semester to semester.
(xii) Correspondence Courses
- Study time for staff studying by correspondence accrues on the basis of half
an hour for each hour of lecture/tutorial attendance involved in the
corresponding face-to- face course, up to a maximum grant of 4 hours per week.
Where there is no corresponding face-to-face course, the training institution
should be asked to indicate what the attendance requirements would be if such a
course existed.
(xiii) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
(xiv) Repeated subjects
- Study time will not be granted for repeated subjects.
(xv) Expendable grant
- Study time if not taken at the nominated time will be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
(xvi) Examination Leave
- Examination leave will be granted as special leave for all courses of study
approved in accordance with this clause.
(xvii) The period
granted as examination leave will include:
(a) time actually
involved in the examination;
(b) necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the staff member.
(xviii) The examination
leave will be granted for deferred examinations and in respect of repeat
studies.
(xix) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
(xx) All staff
members are eligible to apply and no prior service requirements are necessary.
(xxi) Study leave will
be granted without pay, except where the Department Head approves financial
assistance. The extent of financial
assistance to be provided will be determined by the Department Head according
to the relevance of the study to the workplace and may be granted up to the amount
equal to full salary.
(xxii) Where financial
assistance is approved by the Department Head for all or part of the study
leave period, the period will count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
staff member.
(xxiii) Scholarships for
Part time Study - In addition to the study time/study leave provisions under
this subclause, the department may choose to identify courses or educational
programmes of particular relevance or value and establish a departmental
scholarship to encourage participation in these courses or programmes. The conditions under which such scholarships
are provided should be consistent with the provisions of this clause.
54. Staff Development
and Training Activities
(i) For the purpose
of this subclause, the following will be regarded as staff development and
training activities:
(a) all staff
development courses conducted by a NSW Public Sector organisation;
(b) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(c) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
(ii) For the
purposes of this subclause, the following will not be regarded as staff
development and training activities:
(a) activities for
which study assistance under clause 53 is appropriate, including university or
TAFE courses;
(b) activities to
which other provisions of this award apply (e.g. courses conducted by trade
unions); and
(c) activities
which are of no specific relevance to the NSW Parliament.
(iii) Attendance of a
staff member at activities considered by the Department Head to be:
(a) essential for
the efficient operation of the department; or
(b) developmental
and of benefit to the NSW Parliament
will be regarded as on duty for the purpose of payment of
salary if a staff member attends such an activity during normal working hours.
(iv) The following
provisions will apply, as appropriate, to the activities considered to be
essential for the efficient operation of the department:
(a) recognition
that the staff members are performing normal duties during the course;
(b) adjustment for
the hours so worked under flexible working hours;
(c) payment of
course fees;
(d) payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
(e) payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Department Head is satisfied that the approval to attend
constitutes a direction to work overtime under clause 57, Overtime, of this
award.
(v) The following
provisions will apply, as appropriate, to the activities considered to be staff
developmental and of benefit to the department or section
(a) recognition of
the staff member as being on duty during normal working hours whilst attending
the activity;
(b) payment of
course fees;
(c) reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(d) such other
conditions as may be considered appropriate by the Department Head given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
(vi) Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the department or section, special leave of up
to 10 days per year will be granted to a staff member. If additional leave is
required and the Department Head is able to release the staff member, such
leave will be granted as a charge against available flex leave,
recreation/extended leave or as leave without pay.
(vii) Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this subclause.
55. Trade Union
Activities
(i) A trade union
delegate will be released from the performance of normal departmental duty in
respect of activities specified below. While undertaking such activities the
trade union delegate will be regarded as being on duty and will not be required
to apply for leave:
(a) Attendance at
meetings of the workplace's Work Health and Safety Committee and participation
in all official activities relating to the functions and responsibilities of
elected Work Health and Safety Committee members at a place of work as provided
for in the Work Health and Safety Act 2011 and the Work Health and
Safety Regulation 2011;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before
(1) meetings with
management
(2) disciplinary or
grievance meetings when a trade union member requires the presence of a trade
union delegate; and
(3) any other
meeting with management, by agreement with management, where operational
requirements allow the taking of such time;
(d) Giving evidence
in court on behalf of the employer;
(e) Appearing as a
witness before the Industrial Relations Commission in respect of proceedings
under Part 7, Public sector disciplinary appeals;
(f) Representing
their trade union at the Industrial Relations Commission in respect of
proceedings under Part 7, Public sector disciplinary appeals as an advocate or
as a Tribunal Member;
(g) Presenting
information on the trade union and trade union activities at induction sessions
for new staff of the department; and
(h) Distributing
official trade union publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
(ii) Trade Union
Activities regarded as Special Leave.
The granting of special leave with pay will apply to
the following activities undertaken by a trade union delegate, as specified
below:
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of the
union's Executive, Committee of Management or Councils;
(c) annual conference
of Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
(d) attendance at
meetings called by Unions NSW involving a public sector trade union which
requires attendance of a delegate;
(e) attendance at
meetings called by the Presiding Officer(s), as the employer for industrial
purposes, as and when required;
(f) giving evidence
before an Industrial Tribunal as a witness for the trade union;
(g) reasonable
travelling time to and from conferences or meetings to which the provisions of
subclauses (i), (ii) and (iii) of this clause apply.
(iii) Trade Union
Training Courses - The following training courses will attract the grant of
special leave as specified below:
(a) accredited Work
Health and Safety (WHS) courses and any other accredited WHS training for WHS
Committee members.
The provider(s) of accredited WHS training courses and
the conditions on which special leave for such courses will be granted, will be
negotiated between the Department Head and the relevant trade union under a
local arrangement pursuant to clause 5, Local Arrangements, of this award.
(b) courses
organised and conducted by the Trade Union Education Foundation or by the
member's trade union or a training provider nominated by the member's trade
union. A maximum of 12 working days in any period of 2 years applies to this
training and is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all travelling
and associated expenses being met by the staff member or his/her union;
(4) attendance being
confirmed in writing by the member's trade union or a nominated training
provider.
(iv) Trade Union on
Loan Arrangements - Subject to the operational requirements of the workplace,
on loan arrangements will apply to the following activities:
(a) meetings
interstate or in NSW of a Federal nature to which a representative or member
has been nominated or elected by the union: -
(1) as an Executive
Member; or
(2) a member of a
Federal Council; or
(3) vocational or
industry committee.
(b) briefing counsel
on behalf of the union;
(c) assisting union
officials with preparation of cases or any other activity outside their normal
workplace at which the delegate is required to represent the interests of their
trade union;
(d) country tours
undertaken by a member of the Executive or Council of the trade union;
(e) taking up of
full time duties with the trade union if elected to the office of President,
General Secretary or to another full time position with the trade union.
(f) Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to his/her trade union:-
(1) the department
will continue to pay the delegate or an authorised union representative whose
services are on loan to their trade union;
(2) the department
will seek reimbursement from the trade union at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(3) Agreement with
the trade union on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Department Head and the trade union.
(g) Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
(h) Limitation - On
loan arrangements may apply to full-time or part time staff and are to be kept
to the minimum time required. Where the trade union needs to extend an on loan
arrangement, the trade union will approach the Department Head in writing for
an extension of time well in advance of the expiration of the current period of
on loan arrangement.
(i) Where the
Department Head and the relevant trade union cannot agree on the on loan
arrangement, the matter is to be referred to the Presiding Officer(s) for
consultation with the Department Head and the trade union.
(v) Period of
Notice for Trade Union Activities - The Department Head must be notified in
writing by the trade union or, where appropriate, by the accredited delegate as
soon as the date and/or time of the meeting, conference or other accredited
activity is known.
(vi) Access to
Facilities by Trade Union Delegates - The workplace will provide accredited
delegates with reasonable access to the following facilities for authorised
union activities:
(a) telephone,
facsimile and, where available, e-mail facilities;
(b) a notice board
for material authorised by the union or access to staff notice boards for
material authorised by the union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the relevant trade union.
(vii) Responsibilities
of the Trade Union Delegate - Responsibilities of the union delegate are to:
(a) establish
accreditation as a delegate with the union and provide proof of accreditation
to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace;
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised union business;
(e) account for all
time spent on authorised union business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute union
literature/membership forms, under local arrangements negotiated between the
Department Head and the relevant trade union; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
(viii) Responsibilities
of the Trade Union - Responsibilities of the Trade Union are to:
(a) provide written
advice to the Department Head about a Trade Union activity to be undertaken by
an accredited delegate and, if requested, to provide written confirmation to the
workplace management of the delegate's attendance/participation in the
activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph (b) of subclause (ix) of this clause;
(c) pay promptly
any monies owing to the workplace under a negotiated on loan arrangement;
(d) provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
(e) apply to the
Department Head well in advance of any proposed extension to the "on
loan" arrangement; and
(f) assist the
workplace management in ensuring that time taken by the union delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly;
(g) advise the
employer of any leave taken by the trade union delegate during the on loan
arrangement.
(ix) Responsibilities
of Workplace Management - Where time is required for union activities in
accordance with this clause the responsibilities of the workplace management
are to:
(a) release the
accredited delegate from duty for the duration of the union activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
(c) where possible,
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking union responsibilities to assist with the business
of workplace management;
(d) re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(e) where a union activity
provided under this clause needs to be undertaken on the trade union delegate's
rostered day off or during an approved period of flex leave, apply the
provisions of paragraph (d) of this subclause;
(f) continue to pay
salary during an "on loan" arrangement negotiated with the relevant
union and to obtain reimbursement of salary and on-costs from the union at
regular intervals, or as otherwise agreed between the parties if long term
arrangements apply;
(g) verify with the
union the time spent by a union delegate or delegates on union business, if
required; and
(h) if the time
and/or the facilities allowed for union activities are thought to be used
unreasonably and/or improperly, consult with the trade union before taking any
remedial action.
(i) Advise the
accredited delegate of the date of the next induction session for new staff
members in sufficient time to enable the trade union to arrange representation
at the session
(x) Right of Entry
- The right of entry provisions will be as prescribed under the Work Health
and Safety Act 2011 and the Work Health and Safety Regulation 2011 and the Industrial
Relations Act 1996.
(xi) Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in paragraph (c) of subclause (ix) of this clause, all travel and
other costs incurred by accredited union delegates in the course of trade union
activities will be paid by their union.
(b) In respect of
meetings called by the workplace management in terms of paragraph (b) of
subclause (ix) of this clause, the payment of travel and/or accommodation
costs, properly and reasonably incurred, is to be paid, as appropriate, on the
same conditions as apply under clause 19, Travel Allowances and clause 24,
Allowance Payable for Use of Private Motor Vehicle, of this award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the department, in respect of union activities covered
by special leave or on duty activities provided for in this clause.
(d) The on loan
arrangements will apply strictly as negotiated and no extra claims in respect
of the period of on loan will be made on the department by the union or the
staff member.
(xii) Industrial
Action
(a) Provisions of
the Industrial Relations Act 1996 will
apply to the right of union members to take lawful industrial action.
(b) There will be no
victimisation of staff members prior to, during or following such industrial
action.
(xiii) Consultation and
Technological Change
(a) There will be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and the trade unions represented in the
department or section.
(b) Management will
consult with the relevant trade union prior to the introduction of
technological change.
56. Shift Work
(i) Shift Loadings
- A shift worker employed on a shift will be paid, for work performed during
the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am Nil
Afternoon - at or after 10am and before 1pm 10%
Afternoon - at or after 1pm and before 4pm 12½%
Night - at or after 4pm and before 4am 15%
Night - at or after 4am and before 6am 10%
(ii) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday will be deemed to
have been worked on a Saturday, Sunday or Public Holiday and will be paid as
such.
(iii) Saturday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Friday and midnight on Saturday which is not a public holiday, will be paid for
such shifts at ordinary time and one half.
(iv) Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, will be paid for
such shifts at two times the rate for time worked.
(v) Public Holidays
-
(a) where a shift worker
is required to and does work on a Public Holiday, the shift worker will be paid
at two and a half times the rate for time worked. Such payment will be in lieu
of weekend or shift allowances which would have been payable if the day had not
been a Public Holiday;
(b) a shift worker
rostered off duty on a Public Holiday will be paid one day's pay for that
Public Holiday or have one day added to his/her annual holidays for each such
day;
(vi) Rosters -
Rosters covering a minimum period of 28 days, where practicable, will be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster will indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker's
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements will be made by the Department Head.
(vii) Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift will, where practicable, be given forty-eight (48) hours’ notice of the
proposed change.
(viii) Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts will be given.
(ix) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker will be paid overtime until released from duty
for eight (8) consecutive hours. The shift worker will then be entitled to be
off duty for at least eight (8) consecutive hours without loss of pay for
ordinary working time which falls during such absence.
(x) Time spent off
duty may be calculated by determining the amount of time elapsed after:
(a) the completion
of an ordinary rostered shift; or
(b) the completion
of authorised overtime; or
(c) the completion
of additional travelling time, if travelling on duty, but will not include time
spent travelling to and from the workplace.
(xi) Eight
Consecutive Hours Break on Overtime -
(a) When overtime
is necessary, wherever reasonably practicable, it will be arranged so that
shift workers have at least eight (8) consecutive hours off duty.
(xii) The rest period
off duty will be not less than eight (8) consecutive hours when the overtime is
worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
(xiii) Daylight Saving
- In all cases where a shift worker works during the period of changeover to
and from daylight saving time, the shift worker will be paid the normal rate
for the shift.
57. Overtime
(i) General
(a) A staff member may
be directed by the Department Head or their delegate to work overtime, provided
it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in
circumstances where the working of such overtime would result in the staff
member working unreasonable hours. In
determining what is unreasonable, the following factors will be taken into
account:
(1) the staff
member's prior commitments outside the workplace, particularly their family and
carer responsibilities, community obligations or study arrangements,
(2) any risk to the
staff member’s health and safety,
(3) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Department Head or their delegate regarding the working of
the overtime, and by the staff member of their intention to refuse overtime, or
(5) any other
relevant matter.
(b) Payment for
overtime will be made only where the staff member works directed overtime.
(c) Where a
flexible working hours scheme is in operation, overtime will be deemed as the
hours directed to be worked before or after bandwidth or before or after the
time specified in a local arrangement made pursuant to Clause 5, Local
Arrangement, of this Award provided that, on the day when overtime is required
to be performed, the staff member will not be required by the Department Head
to work more than 7 hours after finishing overtime or before commencing
overtime.
(d) Payment for
overtime worked and/or on-call (standby) allowance will not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) a rate of
salary which has been determined as inclusive of overtime and/or on-call
(standby) allowance,
(e) Payment of
overtime will not be made to staff defined as Members’ staff in clause 2,
Definitions, who receive an all incidence of employment allowance.
(ii) Overtime
(a) The provisions
of this clause will not apply to:
(1) shift workers as
defined in clause 2, Definitions, of this award and to whom provisions of
subclauses (iii) of this clause apply;
(2) staff members
covered by formal local arrangements in respect of overtime negotiated between
the Department Head and the relevant trade union;
(3) staff members
to whom overtime provisions apply under another industrial instrument;
(4) staff members
whose salary includes compensation for overtime; and
(5) staff members
who receive an allowance in lieu of overtime.
(b) Rates - Overtime
will be paid at the following rates:
(1) Weekdays
(Monday to Friday inclusive) - at the rate of time and one half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member's ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme, unless local arrangements negotiated in terms of clause 5, Local
Arrangements, of this award apply;
(2) Saturday - All
overtime worked on a Saturday at the rate of time and one half for the first
two hours and at the rate of double time thereafter;
(3) Sundays - All
overtime worked on a Sunday at the rate of double time;
(4) Public Holidays
- All overtime worked on a public holiday at the rate of double time and one
half.
(iii) Overtime Worked
by Shift Workers
(a) The following
rates are payable for any overtime worked by shift workers and will be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
(1) Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, will be paid for
at the rate of time and one half for the first two hours and double time
thereafter.
(2) Saturday - All
overtime worked by shift workers on Saturday, will be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(3) Sunday - All
overtime worked by shift workers on a Sunday will be paid for at the rate of
double time.
(4) Public Holidays
- All overtime worked on a public holiday will be paid for at the rate of
double time and one half.
(iv) If a staff member
is absent from duty on any working day during any week in which overtime has
been worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the staff member has been granted leave of
absence or the absence has been caused by circumstances beyond the staff
member's control.
(v) A staff member
who works overtime on a Saturday, Sunday or public holiday, will be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(vi) Rest Periods
(a) A staff member
who works overtime will be entitled to be absent until eight (8) consecutive
hours have elapsed.
(b) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member will be
paid at the appropriate overtime rate until released from duty. The staff
member will then be entitled to eight (8) consecutive hours off duty and will
be paid for the ordinary working time occurring during the absence.
(c) The provision
of this clause, Rest periods, will not apply to sessional staff where the
overtime and attendance at work and rest period of less than 8 hours is the
result of a sitting of the Legislative Assembly or the Legislative Council.
(vii) Recall to Duty
(a) A staff member
recalled to work overtime after leaving the employer's premises will be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
(b) The staff member
will not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(c) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next callout
period, payment will be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time will be calculated as one
continuous period.
(d) When a staff member
returns to the place of work on a second or subsequent occasion and a period of
three (3) hours has elapsed since the staff member was last recalled, overtime
will only be paid for the actual time worked in the first and subsequent
periods with the minimum payment provision only being applied to the last
recall on the day.
(e) A recall to
duty commences when the staff member starts work and terminates when the work
is completed. A recall to duty does not
include time spent travelling to and from the place at which work is to be
undertaken.
(f) A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty will be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(g) This subclause
will not apply in cases where it is customary for a staff member to return to
the department's premises to perform a specific job outside the staff member's
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty.
Overtime worked in these circumstances will not attract the minimum
payment of three (3) hours unless the actual time worked is three (3) or more
hours.
(viii) On call
(Standby)
(a) When a staff
member is directed to be on call or on standby for a possible recall to duty,
payment of an on call allowance will be made. Where a rate of on call allowance
has not already been determined for the staff member as at the date of the
making of this award, the rate shown in item 11 of Table 1 - Allowances, of
Part B, Monetary Rates, will be made for the duration of on call (standby).
(b) If a staff
member who is on call and is called out by the Department, the applicable
overtime provisions as set out in this Clause will apply to the time worked.
(c) Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed will be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
(ix) Meal Breaks on
Overtime
(a) Staff members
not working flexible hours -A staff member required to work overtime on
weekdays for an hour and a half or more after the staff member's ordinary hours
of duty on weekdays, will be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
(b) Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, will be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, will be allowed 30 minutes for a meal after every five hours of
overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours will be given a meal break at the earliest opportunity.
(x) Meal Allowances
for Overtime
(a) If an adequate
meal is not provided by the department, a meal allowance will be paid by the
department for meal breaks taken pursuant to subclause (ix) Meal Breaks on
Overtime of this clause, provided the Department Head is satisfied that:
(1) the time worked
is directed overtime;
(2) the staff
member properly and reasonably incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(3) where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
(4) overtime is not
being paid in respect of the time taken for a meal break.
(b) The amount of
the allowance for the meal will be at the rate specified in Item 11 of Table 1
- Allowances of Part B, Monetary Rates, as appropriate.
(c) Notwithstanding
the above provisions, nothing in this clause will prevent the Department Head
and the relevant trade union(s) from negotiating different meal provisions
under a local arrangement.
(xi) Senior Staff
payments:
(a) A staff member
whose salary, or salary and allowance in the nature of salary, exceeds the
maximum rate for Clerk Grade 8, as varied from time to time, will be paid for
working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00,
unless the Department Head approves payment for directed overtime at the staff
member's salary or, where applicable, salary and allowance in the nature of
salary.
(b) Sessional Staff
as defined in clause 2, Definitions, whose salary, or salary and allowance in
the nature of salary, exceeds an amount equivalent to the rate prescribed as
the maximum for a clerk grade 8, as varied from time to time, will be entitled
to payment of an allowance as set in item 12 Part B, Table 1 Allowances in lieu
of overtime on each occasion they are required to work beyond 8.00 pm in
sitting periods.
(xii) The Department
Head will grant compensation for directed overtime worked either by payment at
the appropriate rate or, if the staff member so elects, by the grant of leave
in lieu in accordance with subclause (xiii) of this clause.
(xiii) Leave In Lieu of
Payment for overtime
(a) A staff member
who, at the direction of the Department Head works overtime, may elect to take
leave in lieu of payment for all or part of the entitlement in respect of time
worked.
(b) The following
provisions will apply to the leave in lieu: -
(1) the staff
member will advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) the leave will be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause;
(3) the leave must
be taken at the convenience of the department, except when leave in lieu is
being taken to look after a sick family member. In such cases the conditions
set out in clause 42, Sick Leave to Care for a Family Member, of this award
apply;
(4) the leave will
be taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the staff member's department or
section;
(5) leave in lieu
accrued in respect of overtime will be given by the Department and taken by the
staff member within three months of accrual unless alternate local arrangements
have been negotiated between the Department Head and the Association.
(6) a staff member
will be paid for the balance of any overtime entitlement not taken as leave in
lieu.
(xiv) Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause (v) of this clause applies, overtime will
not be paid if the total period of overtime worked is less than a quarter of an
hour.
(b) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis will be:
|
Annual
salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal
hours of work
|
(c) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis will be:
|
Annual
salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
Normal
hours of work
|
(d) To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time will be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to
the nearest cent.
(e) Overtime is not
payable for time spent travelling.
(xv) Adjustment of Meal
Allowances
(a) The rates of
overtime meal allowances will be adjusted in accordance with the provisions
contained in clause 35, Adjustment of Allowances, of this award.
(b) Where an
allowance under paragraph (a) of this subclause is insufficient to reimburse
the staff member the cost of a meal, properly and reasonably incurred, the
Department Head will approve payment of actual expenses.
(c) Where the meal
was not purchased, payment of a meal allowance will not be made.
(d) Receipts will be
provided to the Department Head or his/her delegate in support of any claims
for additional expenses or when the staff member is required to substantiate
the claim.
(xvi) Provision of
Transport
(a) For the purpose
of this subclause, departure or arrival after 8.00 p.m. will determine whether
the provisions of this subclause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster does not in itself warrant
the provision of transport. It needs to be demonstrated that the normal means
of transport, public or otherwise, is not reasonably available and/or that
travel by such means of transport places the safety of the staff member at
risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of departments where knowledge of each
particular situation will enable appropriate judgements to be made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member, other than a staff working
rostered shifts, ceases overtime duty after 8.00 p.m. and public transport or
other normal means of transport is not reasonably available, arrangements may
be made for transport home or to be provided by way of taxi.
58. Grievance and
Dispute Settling Procedures
(i) All grievances
and disputes relating to the provisions of this award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
(ii) A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(iii) The immediate
manager will convene a meeting in order to resolve the grievance, dispute or
difficulty within three (3) working days, or as soon as practicable, of the
matter being brought to attention.
(iv) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or appointed deputy.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager will respond within three (3) working days, or as soon
as practicable. This sequence of reference to successive levels of management
may be pursued by the staff member until the matter is referred to the
Department Head.
(vi) The Department
Head may refer the matter to the Presiding Officer(s) for consideration.
(vii) If the matter
remains unresolved, the Department Head will provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(viii) A staff member,
at any stage, may request to be represented by their union.
(ix) The staff member
or the union on their behalf, or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The staff
member, union, department and Presiding Officer(s) will agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (ix) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty will
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work will proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
59.
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 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.
(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".
60. Existing
Entitlements
The provisions of this award will not affect any
entitlements existing in a department or section at the time this award is
made, if such provisions are better than the provisions contained in this
award. Such entitlements are hereby expressly preserved until renegotiated with
the relevant trade union.
61. Deduction of Union
Membership Fees
(i) The union will
provide the Presiding Officers with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union will
advise the Presiding Officers of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable will be provided to the union at least one month in advance of the
variation taking effect.
(iii) Subject to (i)
and (ii) above, the Presiding Officers will deduct union fortnightly membership
fees from the salary of any staff member who is a member of the union in
accordance with the union’s rules, provided that the staff member has
authorized the Presiding Officers to make such deductions.
(iv) Monies so
deducted from staff members’ salary will be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to staff members’ union membership accounts.
(v) Unless other
arrangements are agreed to by the Presiding Officers and the union, all union
membership fees will be deducted on a fortnightly basis.
(vi) Where a staff
member has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause will be
read as requiring the staff member to make a fresh authorisation in order for
such deductions to continue.
62. Secure Employment
(i) Objective of
this Clause
The objective of this clause is for the employer to take
all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part time employees.
(ii) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months will thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee will give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part time employment, and within four weeks of receiving such
notice from the employee, the employer will consent to or refuse the election,
but will not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so will be fully stated and discussed with the
employee concerned, and a genuine attempt will be made to reach agreement. Any dispute about a refusal of an election to
convert an ongoing contract of employment will be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part time employment in accordance with paragraph (ii)(c), the
employer and employee will, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part time employment; and
(2) if it is agreed
that the employee will become a part time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee will convert to
full-time or part time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part time employment, it will be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(iii) Work Health and
Safety
(a) For the purposes
of this subclause, the following definitions will apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises will do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in this
subclause (iii) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace
Injury Management and Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter will be dealt with pursuant to the
disputes settlement procedure of this award.
(v) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
PART B
MONETARY RATES
Table 1 – Allowances
The allowances
specified below are consistent with the reasonable allowance amounts for the appropriate
income year as published by the Australian Taxation Office (ATO) and Consumer
Price Index for Sydney as at 1 July 2020;
|
Item
No
|
Clause
No
|
Description
|
Amount
|
|
1
|
Clause 21
|
Meal expenses on one day
journeys:
|
Per day
|
|
|
|
Capital cities and high cost
country centres (see list in item 2)
|
|
|
|
(a)
|
Breakfast
|
$28.70
|
|
|
(b)
|
Dinner
|
$55.05
|
|
|
(c)
|
Lunch
|
$32.30
|
|
|
|
Tier 2 and other country
centres (see list in item 2)
|
|
|
|
(a)
|
Breakfast
|
$25.75
|
|
|
(b)
|
Dinner
|
$50.65
|
|
|
(c)
|
Lunch
|
$29.35
|
|
2
|
Clause 19(ii)(c)(2)
|
Travelling allowances when
staying in Non-Government
|
|
|
|
|
Accommodation
|
|
|
|
|
Capital cities:
|
Per day
|
|
|
|
Adelaide
|
$293.45
|
|
|
|
Brisbane
|
$311.45
|
|
|
|
Canberra
|
$304.45
|
|
|
|
Darwin
|
$356.45
|
|
|
|
Hobart
|
$283.45
|
|
|
|
Melbourne
|
$309.45
|
|
|
|
Perth
|
$316.45
|
|
|
|
Sydney
|
$324.45
|
|
|
|
High cost country centres
|
Per
day
|
|
|
|
Albany (WA)
|
$315.45
|
|
|
|
Alice Springs (NT)
|
$286.45
|
|
|
|
Ballarat (VIC)
|
$287.45
|
|
|
|
Bathurst (NSW)
|
$271.45
|
|
|
|
Bega (NSW)
|
$281.45
|
|
|
|
Benalla (VIC)
|
$276.45
|
|
|
|
Bendigo (VIC)
|
$274.45
|
|
|
|
Bordertown (SA)
|
$285.45
|
|
|
|
Bourke (NSW)
|
$301.45
|
|
|
|
Bright (VIC)
|
$301.45
|
|
|
|
Broken Hill (NSW)
|
$280.45
|
|
|
|
Broome (WA)
|
$356.45
|
|
|
|
Bunbury (WA)
|
$291.45
|
|
|
|
Burnie (TAS)
|
$300.45
|
|
|
|
Cairns (QLD)
|
$289.45
|
|
|
|
Carnarvon (WA)
|
$292.45
|
|
|
|
Castlemaine (VIC)
|
$282.45
|
|
|
|
Chinchilla (QLD)
|
$279.45
|
|
|
|
Christmas Island (WA)
|
$326.45
|
|
|
|
Cocos (Keeling) Islands (WA)
|
$455.45
|
|
|
|
Coffs Harbour (NSW)
|
$276.45
|
|
|
|
Colac (VIC)
|
$274.45
|
|
|
|
Dalby (QLD)
|
$300.45
|
|
|
|
Dampier (WA)
|
$311.45
|
|
|
|
Derby (WA)
|
$306.45
|
|
|
|
Devonport (TAS)
|
$294.45
|
|
|
|
Emerald (QLD)
|
$292.45
|
|
|
|
Esperance (WA)
|
$296.45
|
|
|
|
Exmouth (WA)
|
$326.45
|
|
|
|
Geraldton (WA)
|
$301.45
|
|
|
|
Gladstone (QLD)
|
$291.45
|
|
|
|
Gold Coast (QLD)
|
$345.45
|
|
|
|
Gosford (NSW)
|
$276.45
|
|
|
|
Halls Creek (WA)
|
$306.45
|
|
|
|
Hervey Bay (QLD)
|
$293.45
|
|
|
|
Horn Island (QLD)
|
$336.45
|
|
|
|
Horsham (VIC)
|
$288.45
|
|
|
|
Jabiru (NT)
|
$352.45
|
|
|
|
Kalgoorlie (WA)
|
$308.45
|
|
|
|
Karratha (WA)
|
$351.45
|
|
|
|
Katherine (NT)
|
$294.45
|
|
|
|
Kununurra (WA)
|
$340.45
|
|
|
|
Launceston (TAS)
|
$277.45
|
|
|
|
Mackay (QLD)
|
$297.45
|
|
|
|
Maitland (NSW)
|
$288.45
|
|
|
|
Mount Gambier (SA)
|
$276.45
|
|
|
|
Mount Isa (QLD)
|
$296.45
|
|
|
|
Mudgee (NSW)
|
$286.45
|
|
|
|
Muswellbrook (NSW)
|
$284.45
|
|
|
|
Newcastle (NSW)
|
$310.45
|
|
|
|
Newman (WA)
|
$306.45
|
|
|
|
Nhulunbuy (NT)
|
$358.45
|
|
|
|
Norfolk Island (NSW)
|
$326.45
|
|
|
|
Northam (WA)
|
$279.45
|
|
|
|
Orange (NSW)
|
$291.45
|
|
|
|
Port Hedland (WA)
|
$311.45
|
|
|
|
Port Lincoln (SA)
|
$306.45
|
|
|
|
Port Macquarie (NSW)
|
$297.45
|
|
|
|
Port Pirie (SA)
|
$286.45
|
|
|
|
Queanbeyan (NSW)
|
$275.45
|
|
|
|
Queenstown (TAS)
|
$272.45
|
|
|
|
Roma (QLD)
|
$275.45
|
|
|
|
Shepparton (VIC)
|
$284.45
|
|
|
|
Swan Hill (VIC)
|
$272.45
|
|
|
|
Tennant Creek (NT)
|
$282.45
|
|
|
|
Toowoomba (QLD)
|
$280.45
|
|
|
|
Thursday Island (QLD)
|
$336.45
|
|
|
|
Townsville (QLD)
|
$279.45
|
|
|
|
Wagga Wagga (NSW)
|
$280.45
|
|
|
|
Wangaratta (VIC)
|
$278.45
|
|
|
|
Weipa (QLD)
|
$274.45
|
|
|
|
Whyalla (SA)
|
$281.45
|
|
|
|
Wilpena-Pound (SA)
|
$329.45
|
|
|
|
Wollongong (NSW)
|
$291.45
|
|
|
|
Wonthaggi (VIC)
|
$286.45
|
|
|
|
Yulara (NT)
|
$556.45
|
|
|
|
Tier 2 Country Centres
|
Per
Day
|
|
|
|
Albury (NSW)
|
$260.15
|
|
|
|
Ararat (VIC)
|
$260.15
|
|
|
|
Armidale (NSW)
|
$260.15
|
|
|
|
Ayr (QLD)
|
$260.15
|
|
|
|
Bairnsdale (VIC)
|
$260.15
|
|
|
|
Bundaberg (QLD)
|
$260.15
|
|
|
|
Ceduna (SA)
|
$260.15
|
|
|
|
Charters Towers (QLD)
|
$260.15
|
|
|
|
Cobar (NSW)
|
$260.15
|
|
|
|
Cooma (NSW)
|
$260.15
|
|
|
|
Cowra (NSW)
|
$260.15
|
|
|
|
Dubbo (NSW)
|
$260.15
|
|
|
|
Echuca (VIC)
|
$260.15
|
|
|
|
Geelong (VIC)
|
$260.15
|
|
|
|
Goulburn (NSW)
|
$260.15
|
|
|
|
Grafton (NSW)
|
$260.15
|
|
|
|
Griffith (NSW)
|
$260.15
|
|
|
|
Gunnedah (NSW)
|
$260.15
|
|
|
|
Hamilton (VIC)
|
$260.15
|
|
|
|
Innisfail (QLD)
|
$260.15
|
|
|
|
Kadina (SA)
|
$260.15
|
|
|
|
Kingaroy (QLD)
|
$260.15
|
|
|
|
Lismore (NSW)
|
$260.15
|
|
|
|
Mildura (VIC)
|
$260.15
|
|
|
|
Naracoorte (SA)
|
$260.15
|
|
|
|
Nowra (NSW)
|
$260.15
|
|
|
|
Port Augusta (SA)
|
$260.15
|
|
|
|
Portland (VIC)
|
$260.15
|
|
|
|
Renmark (SA)
|
$260.15
|
|
|
|
Rockhampton (QLD)
|
$260.15
|
|
|
|
Sale (VIC)
|
$260.15
|
|
|
|
Seymour (VIC)
|
$260.15
|
|
|
|
Tamworth (NSW)
|
$260.15
|
|
|
|
Tumut (NSW)
|
$260.15
|
|
|
|
Warrnambool (VIC)
|
$260.15
|
|
|
|
Wodonga (VIC)
|
$260.15
|
|
|
|
Other country centres
|
$240.15
|
|
3
|
Clause 19(ii)
|
Incidental expenses when
claiming actual expenses - all locations
|
$20.40
|
|
4
|
Clause 19(ii)(f)
|
Daily allowance payable after
35 days and up to 6 months in the same location - all locations
|
50%
of the appropriate location rate
|
|
5
|
Clause 19
|
Government accommodation -
Incidental expenses (per day)
|
$20.40
|
|
6
|
Clause 24
|
Use of private motor vehicle:
|
Cents
per kilometre
|
|
|
|
Official business
|
72.0
|
|
|
|
Casual rate (40% of official
business rate)
|
28.8
|
|
|
|
Motor cycle allowance (50% of
official business rate)
|
36.0
|
|
|
|
Towing trailer or horse float
(13% of the official business rate)
|
9.36
|
|
7
|
Clause 57 (x)
|
Overtime meal allowances
Breakfast
Lunch
Dinner
|
$31.95
$31.95
$31.95
|
|
8
|
Clause 33
|
Laundry allowance
|
$5.10
per week
|
The allowances
specified below are in accordance with the Crown Employees (Public Sector –
Salaries 2021) Award as at 1 July 2021, or any variation or replacement award;
|
9
|
Clause 27
|
Community language allowance
scheme -
|
Per
annum
|
|
|
|
- Base Level Rate
|
$1482
pa
|
|
|
|
- Higher Level Rate
|
$2229
pa
|
|
10
|
Clause 29
|
First aid allowance
|
Per
annum
|
|
|
|
- Holders of basic
qualifications
|
$955
pa
|
|
|
|
- Holders of current
occupational first aid certificate
|
$1434
pa
|
|
11
|
Clause 31
|
On-call allowance (per hour)
|
$1.02
per hour
|
|
12
|
Clause 57(xi)(b)
|
Allowance in lieu of overtime
Sessional Staff above Clerk Grade 8 (per occasion)
|
$421.90
per occasion
|
|
13
|
Clause 28
|
Flying Allowance
|
$22.32
per hour
|
|
14
|
Clause 32
|
Service Increments Allowance
|
$34.11
per annum
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.