Landcom Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Landcom.
(Case No. 195781 of 2022)
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Before Chief Commissioner Constant
Commissioner Sloan
Commissioner Webster
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1 August 2022
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AWARD
1. Arrangement
Clause
No. Subject Matter
1. Arrangement
2. Title
3. Area,
Incidence and Duration
4. Parties
and Coverage
5. Definitions
6. Local
Arrangements
7. Dispute
Resolution
8. Consultation
9. Salaries
10. Classifications
11. No
Extra Claims
12. Hours
of Work
13. Agreed
Absences
14. Standard
Hours
15. Part
Time Staff Members
16. Filling
Positions
17. Casual
Employment
18. Recruitment
and Selection
19. Job
Evaluation
20. Salary
Sacrifice and Packaging
21. Payment
of Expenses
22. Higher
Duties Allowance
23. Allowances
- General
24. Excess
Travelling Time
25. Meal
Allowances
26. Use
of Private Motor Vehicles
27. Overseas
Travel
28. First
Aid Allowance
29. Weekend
and Public Holiday Allowance
30. Uniforms,
Protective Clothing and their Maintenance
31. Compensation
for Damage to or Loss of Private Property
32. Overtime
33. Rates
for Payment of Overtime
34. Rest
Periods
35. Meal
Breaks
36. Compensation
for Directed Overtime
37. Provision
of Transport
38. Leave
39. Annual
Leave
40. Sick
Leave
41. Sick
Leave - Workers’ Compensation
42. Sick
Leave - Other Than Workers’ Compensation
43. Sick
Leave - Requirements for Medical Certificate
44. Sick
leave to Care for a Family Member
45. Maternity
Leave
46. Parental
Leave
47. Adoption
Leave
48. Family
and Community Service Leave
49. Observance
of Essential Religious or Cultural Obligations
50. Long
service Leave
51. Leave
Without Pay
52. Military
Leave
53. Special
Leave
54. Leave
for Matters Arising from Domestic Violence
55. Staff
Development, Training Activities and Study Assistance
56. Exchanges
57. Relocation
Package
58. Termination
of Employment
59. Working
from Home
60. Private
Employment
61. Management
of Displaced Staff Members
62. Child
Care Arrangements
63. Performance
Management
64. Unsatisfactory
Performance or Misconduct
65. Anti-Discrimination
66. Association
Activities
67. Access
to Facilities
68. Right
of Entry
69. Industrial
Action
70. Technological
Change
71. Association
Deductions
72. Public
Holidays
73. Community
Language Allowance.
74. Flexible
Work Practices
75. Secure
Employment
76. Work
Health and Safety
77. Lactation
Breaks
78. Monetary
Rates Table
APPENDIX A
APPENDIX B - SALARY SCHEDULE
2. Title
This award shall be known as the Landcom Award 2022.
3. Area, Incidence and
Duration
(1) This award
shall apply to all staff members employed by Landcom in accordance with the Act
and replaces in full the following:
(a) Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009,
(b) Crown Employees
(Public Sector - Salaries 2022) Award, or any replacement award
(c) Crown Employees
(Planning Officers) Award 2016
(d) Crown Employees
(Senior Officers Salaries) Award 2012
(e) Any other
award, agreement or determination that affected Landcom as a Division of the
Department Planning within the NSW Public Service.
(2) Where there may
be inconsistencies between this award and conditions of employment affecting
staff of Landcom in previous, or other otherwise applicable, awards or
agreements, the arrangements in this award shall prevail.
(3) This award
rescinds and replaces the Landcom Award 2021 published 6 August 2021 (389 I.G.
798) and shall take effect from 1 July 2022 and shall remain in force until 30
June 2023.
(4) This award
complies with Section 19 of the Industrial Relations Act 1996.
4. Parties and
Coverage
(1) The parties to
this award are Landcom and the Public Service Association and Professional
Officer’s Association Amalgamated Union of New South Wales.
(2) The provisions
of this award shall apply to staff members employed by Landcom.
(3) The provisions
of this award shall not apply to senior managers above Level 8 salary point 23,
employed on written contracts of employment, other than clauses 38 to 53
inclusive, which deal with various leave entitlements.
5. Definitions
"Act" means the Landcom Corporation Act
2001.
"Agreement" means an agreement as defined in the Industrial
Relations Act 1996.
"Approved Course" means a course that is relevant
to the employment of the staff member and one that has been approved by the
Chief Executive Officer.
"Association" means the Public Service Association
and the Professional Officer’s Association Amalgamated Union of New South Wales
(PSA).
"Association Delegate" means an accredited
Association delegate responsible for their workplace membership; and/or a
person who is elected by the Association as its representative, an executive
member or a member of the Association’s Council.
"Association Official" means a person who is
employed by the Association 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.
"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.
"Corporation" means Landcom as established by the
Act.
"Chief Executive Officer" means the Managing
Director of Landcom or a person authorised by the Managing Director.
"Daily Spread of Hours" means a 12 hour daily
spread of hours for working the 35 hour week, which will normally fall between
7.00 am and 7.00 pm.
"Domestic Violence" means domestic violence as
defined in the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
"Exchange" means an arrangement agreed to by the
Chief Executive Officer, 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
exchange.
"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.
"Full pay" or "half pay" or "double
pay" means the staff member’s ordinary rate of pay or half the ordinary
rate of pay or double the ordinary rate of pay respectively.
"Full-time position" means a position that is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
"Headquarters" means the centre 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.
"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.
"Long service leave" means long service
(previously "extended") leave to which a staff member is entitled
under the provisions of this award.
"Normal work", for the purposes of clause 7,
Dispute Resolution, 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 Corporation.
"Overtime" means all time worked outside the Daily
Spread of Hours applicable to a staff member working pursuant to the provisions
of clause 12, Hours of Work, whether before or after the commencing and
finishing times of the Daily Spread of Hours, at the direction of the Chief
Executive Officer. "Overtime"
also means all time worked outside the set hours of work applicable to a staff
member working pursuant to the provisions of clause 14, Standard Hours, whether
before or after the commencing and finishing times of the set hours, at the
direction of the Chief Executive Officer.
"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 work arrangement.
"Part-time hours" means the hours that are less
than the 35 hours per week that constitute full-time work under this award.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position that 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 and whose weekly hours
of work are less than the 35 hours per week required of full-time staff
members.
"Public holiday" means a bank or public holiday under
the Banks and Bank Holidays Act 1912, but 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 Daily
Spread of Hours in the case of a staff member working pursuant to the
provisions of clause 12, Hours of Work, or outside the staff member’s set hours
in the case of a staff member working pursuant to the provisions of clause 14,
Standard Hours.
"Residence", in relation to a staff member, means
the ordinary and permanent place of abode of the staff member.
"Short leave" means the leave which was available
to be granted to staff members in the case of pressing necessity that was
replaced by the family and community service leave from 20 September 1994.
"Staff member" means an employee, including a
casual, temporary or term employee, of Landcom and, unless otherwise specified
in this award, includes both full-time and part-time staff members.
"Standby" means an instruction given by the Chief
Executive Officer to a staff member to be available for immediate contact in
case of a recall to duty.
"Study leave" means the justification for courses
at any level or for study tours during which financial assistance may be
approved by the Chief Executive Officer.
"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, generally to a maximum of four hours per week during semester or term
period.
"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 Chief Executive Officer to fulfil the role of a
supervisor or manager, other than a person engaged as a consultant or
contractor.
"Temporary work location" means the place at or
from which a staff member temporarily performs Landcom work if required to work
away from headquarters.
"Use of private motor vehicle casual rate" means
the appropriate rate payable in respect of a motor vehicle maintained by the
staff member for private purposes but which the staff member may elect to use
with the approval of the Chief Executive Officer for occasional travel on
official business, subject to the allowance paid for such travel not exceeding
the cost of travel by public or other available transport.
"Use of private motor vehicle official business
rate" means the appropriate rate of allowance payable for the use of a
private motor vehicle where no other transport is available and such use is
directed by the Chief Executive Officer and agreed to by the staff member or
where the staff member is unable to use other transport due to a disability.
"Workplace" means the whole of Landcom or, as the
case may be, a branch or section of the Corporation in which the staff member
is employed.
"Workplace management" means the Chief Executive
Officer or any other person authorised by the Chief Executive Officer to assume
responsibility for the conduct and effective, efficient and economical
management of the functions and activities of Landcom or part of the
Corporation.
6. Local Arrangements
(1) Local
arrangements may be negotiated between the Chief Executive Officer and the
Association in respect of the whole, or part(s), of Landcom.
(2) All local
arrangements negotiated between the Chief Executive Officer and the Association
shall be contained in a formal document such as, but not limited to, a
co-lateral agreement, exchange of letters, or a memorandum of understanding.
7.
Dispute Resolution
(1) Subject to the provisions of the Industrial
Relations Act 1996, all grievances and disputes relating to the provisions
of this award shall initially be dealt with as close to the source as possible,
with graduated steps for further attempts at resolution at higher levels of
authority within Landcom, if required.
(2) A staff member
is required to notify, preferably in writing, their immediate supervisor or
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.
(3) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, the Chief Executive Officer or delegate.
(4) The immediate
supervisor or other appropriate manager shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two working days, or as
soon as practicable, of the matter being brought to attention.
(5) If the matter
remains unresolved with the immediate supervisor or manager, the staff member
may request to meet the appropriate person at the next level of management in
order to resolve the matter. This
supervisor or manager shall respond within two 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 appropriate General
Manager or their nominated representative.
(6) If the matter
remains unresolved, the General Manager or their nominated representative shall
provide a written response to the staff member and any other party involved in
the grievance, dispute or difficulty, concerning action to be taken, or the
reason for not taking action, in relation to the matter.
(7) A staff member
may, at any stage of these procedures, request to be represented by the
Association and Landcom will agree to such request.
(8) Should the matter not be resolved within
a reasonable time, any of the parties may refer it to the New South Wales
Industrial Relations Commission for settlement.
The staff member, Association and Landcom shall agree to be bound by any
order or determination by the New South Wales Industrial Relations Commission
in relation to the dispute.
Whilst the procedures outlined in subclauses (1) to (8)
of this clause are being followed, normal work undertaken prior to notification
of the dispute or difficulty shall continue unless otherwise agreed between the
parties, or, in a case involving occupational health and safety, if
practicable, normal work shall proceed in a manner which avoids any risk to the
health and safety of any Landcom staff member or member of the public.
For the purposes of this clause, a "General
Manager" is a Landcom manager reporting directly to the Chief Executive
Officer.
8. Consultation
(1) There shall be
effective means of consultation on matters of mutual interest and concern, both
formal and informal, between Landcom management and the Association.
(2) The parties to
this Award will establish a Consultative Working Party. This Working Party shall generally act to
oversee and assist implementation of this Award. The Consultative Working Party shall consist
of both Landcom and Association representatives, to be nominated by the
respective parties, to the following maximum numbers:
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Landcom representatives
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3
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Association representatives
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3
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Either party may have additional representatives attend
on their behalf following reasonable notice being given to the other party of
such a requirement.
(3) The
Consultative Working Party shall meet within one month of the making of this
Award and thereafter every three months, or as otherwise agreed between the
parties.
(4) The
Consultative Working Party may form Working Groups to examine specific issues
for report back to the Working Party.
9.
Salaries
(a) All
Staff Members will be paid in accordance with the salary structures and rates
set out in this Award.
(b) The
Corporation shall pay salaries and other moneys to staff members on a
fortnightly basis into a nominated account.
(c) Salaries
shall include annual leave loading.
10.
Classifications
(1) The
Salaries Schedule at Appendix B of this award contains a single Landcom Officer
classification, divided into the three categories of Officer, Management and
Senior Management.
(2) All
staff member shall have titles reflect their functional responsibility as
determined from time to time by the Corporation.
(3) Senior
Management Category
(a) The
inclusion of positions in the Senior Management Category shall be at the
discretion of the Chief Executive Officer of the Corporation.
(b) Staff
members appointed by the Chief Executive Officer to positions in the Senior
Management Category shall require either one or more of the following:
(i) a
degree qualification;
(ii) a
qualification deemed to be equivalent,
(iii) an
accredited property related qualification as well as demonstrated expertise and
experience developed from a range of property disciplines and backgrounds such
as, but not limited to, engineering, surveying, valuing, real estate, land
economics, and architecture;
(iv) equivalent
demonstrated successful work experience;
(c) Positions
identified by the Corporation as having special requirements may not require
the staff member appointed to have a degree qualification.
(d) The
Corporation shall from time to time undertake a formal review of positions
included in the Senior Management classification to ensure the Corporation’s
needs are met.
11. No Extra Claims
Other
than as provided for in the Industrial Relations Act 1996 and the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2014,
there shall be no further claims/demands or proceedings instituted before the
NSW Industrial Relations Commission for extra or reduced wages, salaries, rates
of pay, allowances or conditions of employment with respect to the Employees
covered by the Award that take effect prior to 30 June 2023 by a party to this
Award.
12. Hours of Work
(1) Notionally, staff members will work a 35
hour week, to be worked over a minimum of 5 days on any of the 7 days of the
week.
(2) The normal working week shall be Monday
to Friday, with standard office hours from 9.00 am to 5.00 pm.
(3) The 12 hour daily spread of hours for
working the 35 hour week will normally fall between 7.00 am and 7.00 pm (Daily
Spread of Hours), unless otherwise agreed.
Where staff members are directed to work outside the Daily Spread of
Hours applicable to them, overtime provisions shall apply.
(4) Staff members must reach agreement with
their supervisor regarding hours of work, with such agreement able to include
provisions to move the Daily Spread of Hours applicable to each staff member to
start or finish outside the usual times of 7.00 am and 7.00 pm respectively.
(5) Agreements between staff members and
supervisors will be aimed at achieving the key results for each position in
compliance with the overall Landcom Strategic Plan, Business Plans and the
performance criteria agreed upon for each staff member within the Landcom
Performance Management System.
(6) Staff members shall record their times of
attendance when working in, or from, a Landcom Office. Landcom Offices include, but are not limited
to, Regional, Project, Joint Venture and Sales Offices.
(7) Staff members shall record the time spent
on Landcom work when working under a Working from Home agreement.
(8) The manner of attendance and/or work
recording shall be as decided by Landcom.
(9) Staff members may take a break of 10
minutes in the morning and afternoon, provided that dealings with the public
are not affected, and a meal break of no less than 30 minutes must be taken no
later than 5 hours after commencing continuous work.
(10) A staff member may be required to perform
duty beyond the hours determined under 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 shall be taken into account:
(a) the staff member’s prior commitments
outside the workplace, particularly the staff member’s family and carer
responsibilities, community obligations or study arrangements,
(b) any risk to staff member health and
safety,
(c) the urgency of the work required to be
performed during additional hours, the impact on the operational commitments of
Landcom and the effect on client services,
(d) the notice (if any) given by Landcom
regarding the working of the additional hours, and by the staff member of their
intention to refuse the working of additional hours, or
(e) any other relevant matter.
13. Agreed Absences
(1) All staff members covered by this Award
shall be entitled to one paid day off per calendar month (except those staff
members working standard hours).
(2) Each staff member and their supervisor
shall agree on the day the staff member is to be absent from work pursuant to
this clause.
(3) To meet Landcom business requirements, a
paid day off may be postponed for one or more months. The taking of postponed paid days off is a
matter for local arrangement between the staff member and their supervisor.
(4) Subject to agreement between the staff
member and their supervisor, up to five paid days off may be conserved by a
staff member each calendar year, subject to the following conditions:
(a) the conserved paid days off may be taken
during the calendar year, subject to arrangement with the supervisor; or
(b) up to five paid days off may be
"cashed in" during the calendar year at the staff member’s option at
the staff member’s ordinary salary rate; or
(c) any balance of conserved paid days off as
at 31 December in each year shall be "cashed in".
(5) Conserved paid days off in excess of five
will be forfeit.
(6) A staff member may accrue their
entitlement to Agreed Absences while they are on leave for a continuous period
of up to two calendar months (excluding sick leave). If the period of leave exceeds two calendar
months (excluding sick leave), the staff member will cease to accrue their
entitlement to Agreed Absences until such time as they return to duty.
14. Standard Hours
(1) Standard hours
are set hours of work commencing at 9.00 am and concluding at 5.00 pm inclusive
of one hour set aside for a meal break.
(2) The Chief
Executive Officer may direct that standard hours, or restrictions to the work
arrangements set out in clause 12, Hours of Work, be worked in particular
circumstances. These circumstances may
include, but are not limited to:
(a) where the
operational requirements of Landcom, or a particular part of the Corporation,
cannot accommodate the flexibilities of clause 12, Hours of Work, or
(b) remedial action
in respect of a staff member is being taken where the staff member has been
found to have deliberately and persistently failed to meet the requirement to
work 35 hours per week or otherwise abused the work arrangements set out in
clause 12, Hours of Work.
15. Part Time Staff
Members
(1) Where
appropriate, the provisions of clauses 12, Hours of Work, 13, Agreed Absences
and 14, Standard Hours, of this award shall apply to part-time staff members on
a pro-rata basis.
(2) Part-time work is permanent, temporary or
term employment and part-time employees work less hours than full-time
employees and receive all the entitlements of fulltime employees on a
proportional basis.
(3) Staff members may request to have
applications considered to work part-time under this award.
(4) Staff members working part time must
complete a part time work agreement (PTWA) with their supervisor.
(5) The PTWA must be in writing signed by the
staff member and the supervisor and must include:
(a) the hours and days to be worked;
(b) the starting and finishing times of each
work day, if a Standard Hours arrangement is to be worked;
(c) the classification of the staff member;
and
(d) the right (if any) for the staff member to
return to full time work.
(6) The maximum number of weekly hours under
the PTWA must be less than the full-time requirement of 35 hours per week in
this award.
(7) The part-time staff member must be paid
the same ordinary hourly rate as similarly classified full-time staff member
under this award.
(8) Hours worked that fall outside the
ordinary daily hours agreed to, shall be paid at the ordinary time rate, unless
such hours would attract payment at overtime rates for a full-time staff
member.
(9) A PTWA can be changed by making a new
written agreement between the staff member and supervisor.
16. Filling Positions
(1) The Chief Executive Officer shall
determine the most appropriate method of filling vacant or temporarily created
positions in Landcom that best meets the requirements of the Corporation. Positions may be created and filled as:
(a) Permanent: a position created on the
Landcom staff establishment on a full time or part time basis.
(b) Temporary or Term: a position created on
the Landcom staff establishment on a full time or part time basis as a
temporary position to meet an identified need for a specified period.
(i) Temporary positions will be the same as
permanent positions in terms of the operation and entitlements of this
award. A temporary position may be
identical to a permanent position but only required for a specified period of
time to meet a Corporation business need or it may be created for the term of a
specific project. At the expiration of
the period, unless extended beforehand, the period of temporary employment will
come to a conclusion.
(ii) Term positions will be the same as
permanent positions in terms of the operation and entitlements of this award,
however they do not need to be the same as a permanent position in terms of
work requirements. The positions may
specify certain conditions unique to the position such as the requirement to
work standard hours, weekend work, complete a specific project, work in a joint
venture arrangement, receive special remuneration or any other particular Corporation
need. Such positions will normally be
created for a specific period of time and at the expiration of the period,
unless extended beforehand, the period of term employment arrangement will come
to a conclusion.
(c) Casual: a position created on the Landcom
staff establishment on a full time or part time basis according to the
provisions of clause 17, Casual Employment, of this Award. A casual position shall be filled by a staff
member employed to undertake work on an hourly basis to carry out work that is
irregular, intermittent, short term, urgent or arising from an emergency.
(2) Landcom may also fill positions by any
other arrangement that meets the operational business and commercial needs of
Landcom.
17. Casual Employment
(1) Hours of Work
(a) A casual employee is engaged and paid on
an hourly basis.
(b) A
casual employee will be engaged or paid for a minimum of 3 consecutive hours
for each day worked.
(c) A casual employee shall not work more
than 8 (eight) consecutive hours per day (exclusive of meal breaks) without the
payment of overtime for such time in excess of 8 hours.
(2) Rate
of Pay
(a) Casual employees shall be paid the
ordinary hourly rate of pay calculated by the following formula for the hours
worked per day:
Annual
salary divided by 26.08929 divided by ordinary fortnightly hours for the
classification
(b) Casual
employees shall be paid a loading on the appropriate ordinary hourly rate of
pay, of:
15
percent for work performed on Mondays to Fridays (inclusive),
50
percent for work performed on Saturdays,
75
percent for work performed on Sundays,
150
percent for work performed on public holidays.
(c) Casual
employees shall also receive a 1/12th of the ordinary hourly rate of pay
additional payment in lieu of annual leave and annual leave loading.
(d) The loadings specified in subclause (2)(b)
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 all
incidences of employment, except overtime.
(3) Overtime
(a) Casual employees shall be paid overtime
for work performed in excess of 8 (eight) consecutive hours (excluding meal
breaks).
(b) Overtime
will be paid in accordance with the rates set in clause 33, Rates of Payment of
Overtime, of this Award.
(c) Overtime payments for casual employees
are based on the ordinary hourly rate plus the 15 percent loading set out in subclause
(2)(b) of this clause.
(d) The additional payment in lieu of annual
leave as set out in subclause (2)(c) of this clause is not included in the
hourly rate for the calculation of overtime payments for casual employees.
(4) Leave
(a) Except as provided under this clause,
casual employees are not entitled to any other paid or unpaid leave.
(b) As
set out in subclause (2)(c) of this clause, casual employees will be paid a
1/12th of the ordinary hourly rate of pay additional payment in lieu of annual
leave.
(c) Casual employees will be entitled to Long
Service Leave in accordance with the provisions of the Long Service Leave
Act 1955.
(d) Casual employees are entitled to unpaid
parental leave in accordance with Appendix A.
(e) Personal Carers entitlement for casual
employees
(i) 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 44(4) of this Award 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 (f)(i) or (f)(ii), and the notice requirements set out in (f)(iii).
(ii) The Department Head and the casual
employee shall 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.
(iii) A 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 Landcom to engage or not to engage a casual employee are otherwise not
affected.
(f) The casual employee shall, if required,
(i) 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
(ii) Establish by production of documentation
acceptable to Landcom 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.
(iii) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform Landcom of their inability to attend for duty. If it is not reasonably practicable to inform
Landcom during the ordinary hours of the first day or shift of such absence,
the employee will inform Landcom within 24 hours of the absence.
(g) Bereavement entitlements for casual
employees
(i) 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 Landcom).
(ii) The Department Head and the casual
employee shall 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.
(iii) A 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 Landcom to engage or not engage a casual employee are otherwise not
affected.
(iv) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day of shift
of such absence, inform Landcom of their inability to attend for duty. If it is
not reasonably practicable to inform Landcom during the ordinary hours of the
first day or shift of such absence, the employee will inform Landcom within 24
hours of the absence.
(5) Application of other clauses of this
Award to Casual Employees
The
following clauses of this Award do not apply to casual employees:
12. Hours of Work
13. Agreed Absences
14. Standard Hours
20. Salary Sacrifice and Packaging for other than
superannuation contributions
24. Excess Travelling Time
27. Overseas Travel
32. Overtime
34. (3) and (4) Rest Periods concerning Recall to
Duty and On Call (Standby)
36. Compensation for Directed Overtime
40. to 44 (inclusively) relating to various leave
provisions
55. Exchanges
56. Relocation Package
57. Termination of Employment
58. Working from Home
60. Management of Displaced Staff Members
62. Performance Management
63. Unsatisfactory Performance or Misconduct
65. Association Activities
66. Access to Facilities
71. Public Holidays
18. Recruitment and Selection
(1) Filling Vacancies
(a) Where a position becomes vacant, Landcom
will advertise and fill the position through a process of merit selection.
(b) The Chief Executive Officer may dispense
with the requirement to advertise a vacancy if an appointment can be made from
eligible staff within the Corporation.
(c) Unless otherwise determined by the Chief
Executive Officer, a selection committee shall be established to assess the
merit of applicants for appointment to a vacant position and to make
recommendations to the Chief Executive Officer on the most meritorious
applicant.
(d) Nothing in paragraph (c) requires the
Chief Executive Officer to adopt any recommendation made by the selection
committee in relation to the filling of a vacancy.
(e) Prior to a staff member commencing duty
with Landcom, written certification concerning the state of health of the staff
member must be completed, by the staff member, to the satisfaction of the Chief
Executive Officer.
(2) Eligibility Lists
(a) Where interviews have been held for a
vacant position, the selection committee will establish an eligibility list of
candidates ranked in order of merit, who if it were not for the selected
candidate, would be recommended for the position.
(b) The eligibility list is effective for up
to six months from the date of approval in respect of the advertised vacancy
and may be used to fill identical or similar vacant positions not mentioned in
the original advertisement.
(c) The Chief Executive Officer may elect to
use an eligibility list to fill a position, require a new selection process to
be undertaken, or take any other administrative action in relation to a
vacancy.
(3) Appointment and Rates of Pay
(a) The Chief Executive Officer may appoint a
successful applicant to any salary within a salary Level in Appendix B to this
award.
(b) In determining commencing salary regard
shall be had to:
(i) the person's skills, experience and
qualifications;
(ii) the rate required to attract the person;
and
(iii) the remuneration of existing staff members
performing similar work.
(c) A successful applicant shall receive a
letter of offer of employment that will form part of the employment contract
with Landcom.
(d) The letter of offer of employment shall
cover such matters as commencing salary rate, any salary increments and, if
applicable, probationary period, the term of employment and requirement to work
standard hours for specified positions.
(4) Probation
(a) All new appointments shall serve a
minimum probationary period of six months.
(b) The Chief Executive Officer may dispense
with the requirement for a probationary period; extend the probation up to a
maximum of two years; or annul the appointment of a person during a period of
probation.
19. Job Evaluation
The Chief Executive
Officer shall classify and grade positions using government accredited job
evaluation methodology.
20. Salary Sacrifice
and Packaging
(1) Salary
Sacrifice - General
The Chief Executive Officer may enter into agreements
with staff members for salary sacrifice for superannuation and/or other agreed
benefits, including a novated leased motor vehicle, to a maximum of one hundred
(100) percent of the salary payable or one hundred (100) percent of the current
applicable superannuable salary within NSW Government policy and the Landcom
Salary Sacrificing and Motor Vehicle Policy (as amended from time to time) and
powers of the State Owned Corporations Act and the Landcom Corporation Act.
(2) Salary
Sacrifice - Superannuation
(a) A staff member
may elect, subject to the agreement of the Corporation, to sacrifice a portion
of the salary payable to additional superannuation contributions in excess of
contributions made by Landcom under relevant legislation. Such election must be
made prior to the commencement of the period of service to which the salary
payments relate. The amount of salary sacrificed for all purposes must not
exceed one hundred (100) percent of the salary payable or one hundred (100)
percent of the current applicable superannuable salary, whichever is the
lesser. In this clause
"superannuable salary" means the staff member’s salary as notified
from time to time, to the NSW public sector superannuation trustee corporations.
(b) Where the staff
member has elected to sacrifice a portion of salary to additional
superannuation contributions:
(i) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion, and
(ii) any allowance,
penalty rate, payment for unused entitlements, weekly worker’s compensation or
other payment, other than any payments for leave taken in service, to which a
staff member is entitled under this award or any applicable award, Act or
statute which is expressed to be determined by reference to a staff member’s
salary, shall be calculated by reference to the salary which would have applied
to the staff member in the absence of any salary sacrifice to superannuation
made under this award.
(c) The staff
member may elect to have the portion of salary which is sacrificed to
additional superannuation contributions:
(i) Paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employee contributions, or
(ii) Subject to
Landcom’s agreement, paid into a private sector complying superannuation scheme
as employee superannuation contributions.
(d) Where a staff
member elects to salary sacrifice in terms of subclause (c) above, Landcom will
pay the sacrificed amount into the relevant superannuation fund.
(e) Where the staff
member is a member of a superannuation scheme established under:
The Police Regulation (Superannuation) Act 1906;
The Superannuation Act 1916;
The State Authorities (Superannuation) Act 1987;
The State Authorities Non-contributory
Superannuation Act 1987; or
The First State Superannuation Act 1992.
Landcom must ensure that the amount of any additional
employee superannuation contributions specified in subclause (a) above is
included in the staff member’s superannuable salary which is notified to the
NSW public sector superannuation trustee corporations.
(f) Where, prior to
electing to sacrifice a portion of their salary to superannuation, a staff member
had entered into an agreement with Landcom to have superannuation contributions
made to a superannuation fund other than a fund established under legislation
listed in sub-clause (e) above, Landcom will continue to base contributions to
that fund on the salary payable to the same extent as applied before the staff
member sacrificed portion of that salary to superannuation. This subclause applies even though the
superannuation contributions made by Landcom may be in excess of superannuation
guarantee requirements after the salary sacrifice is implemented.
21.
Payment of Expenses
(1) Landcom
shall meet any expenses, including those relating to official travel and
associated expenses, actually and necessarily incurred by a staff member within
the guidelines set by management when undertaking approved official business
(either in advance or as a reimbursement).
(2) Payment
of any actual expenses shall be subject to the production of receipts, unless
the Chief Executive Officer is prepared to accept other evidence from the staff
member. As applicable, receipts shall be
produced in accordance with Australian Tax Office requirements
22.
Higher Duties Allowance
Staff members directed to perform the duties
of a higher position shall be paid an allowance as determined by the Chief
Executive Officer in accordance with the Landcom Higher Duties Allowance
Policy.
23. Allowances - General
The
allowances payable under this award shall be reviewed as follows:
(1) Allowances listed in this paragraph will
be determined at a level consistent with the reasonable allowances amounts for
the appropriate income year as published by the Australian Taxation Office
(ATO):
(a) Subclause 35(4) Overtime meal allowances;
and
(b) Subclause 26(3) Use of private motor
vehicles during work related duties.
(2) Allowances payable in terms of clauses
listed in this paragraph shall be subject to a percentage increase pursuant to
clause 11, Salary Increases:
(a) Subclause 28(1) First Aid Allowance
(b) Subclause 34(4) Rest Periods (On call
(Standby) Allowance);
(c) Clause 73 Community Language Allowance;
and
(d) Subclause 29(1) & 29(2) Weekend and
Public Holiday Allowance.
24. Excess Travelling Time
(1) A staff member directed by the Chief
Executive Officer to travel on official business outside the usual hours of
duty is entitled to be compensated for such time either by:
(a) payment calculated in accordance with the
provisions contained in this clause; 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.
(2) Compensation
under paragraphs (a) or (b) of subclause (1) of this clause, shall be made,
subject to the following conditions:
(a) excess
travelling time on a non-working day shall be all time spent travelling on
official business;
(b) excess
travelling time on a working day shall be, subject to the provisions of
subclause (5) of this subclause, all additional time spent travelling before or
after the staff member’s usual hours of duty.
(c) the
period for which compensation is being sought is more than a half an hour on
any one day.
(3) No
compensation for travelling time shall be given in respect of travel between
11.00 pm on any one day and 7.30 am on the following day, where the staff
member has travelled overnight and sleeping facilities have been provided for
the staff member.
(4) Compensation
for travelling time shall 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.
(5) Travelling time shall not include the
time:
(a) normally
taken for the periodic journey from home to headquarters and return;
(b) on
permanent transfer, if special leave has been granted for the day or days on
which travel is to be undertaken;
(c) on
board a ship or aircraft.
(d) spent
travelling overseas on official business.
(6) 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 usual hours of duty, such waiting
time shall be treated and compensated in the same manner as excess travelling
time.
(7) Payment
(a) Payment
for travelling time calculated in terms of this clause shall 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
|
|
Usual
hours of work
|
(b) The
rate of payment for travel or waiting time on a non-working day shall be the
same as that applying to a working day.
(c) Staff
members whose salary, pursuant to Appendix B to this award, is in excess of the
rate for Landcom Officer, Level 4 Salary Point 12 shall be paid travelling time
or waiting time calculated at the rate for Landcom Officer, Level 4 Salary
Point 12 plus $1.00 per annum, as adjusted from time to time.
(d) Time
off in lieu or payment for excess travelling time or waiting time will not
granted or made for more than eight hours in any period of 24 consecutive
hours.
25.
Meal Allowances
(1) A
staff member who is required to travel to perform duty at a location other than
their normal headquarters shall be paid for actual expenses properly and
reasonably incurred in accordance with Landcom guidelines for:
breakfast when required to commence travel
at or before 6.00 am; and/or
an evening meal when required to travel
until or beyond 6.30 pm.
In such instances, the staff member shall be
paid the amount equivalent to the expense incurred or the allowance specified
for breakfast or an evening meal in the prevailing ATO ruling, whichever is the
lesser.
(2) A
staff member who is required to travel to perform duty at a location other than
their normal headquarters shall be paid for actual additional expenses properly
and reasonably incurred in accordance with Landcom guidelines for:
lunch, when unable to take lunch at the
place at which, or the manner in which, the staff member ordinarily takes lunch
and, as a result, incurs additional expense for lunch.
In such instances, the staff member shall be
paid the amount equivalent to the additional expense incurred or the allowance
specified for lunch in the prevailing ATO ruling, whichever is the lesser.
26.
Use of Private Motor Vehicles
(1) The
Chief Executive Officer 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 Corporation 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.
As defined in clause 5 Definitions of this
award, there shall be two classes of allowance payable for the use of a private
motor vehicle for work. The appropriate rate of allowance shall be paid
depending on the circumstances and the purpose for which the vehicle is
used.
(2) 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 Chief Executive
Officer.
(3) A staff member who, with the approval of
the Chief Executive Officer, uses a private motor vehicle for work shall be
paid an appropriate rate of allowance specified in the prevailing ATO ruling
for the use of such private motor vehicle.
(4) Where
a private vehicle is damaged while being used for work any normal excess
insurance charges prescribed by the insurer shall be reimbursed by the
Corporation, provided:
(a) the
damage is not due to gross 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.
(5) Provided
the damage is not the fault of the staff member, the Corporation shall
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.
(6) Except
as otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member’s
residence and headquarters.
27.
Overseas Travel
Unless the Chief Executive Officer
determines that a staff member shall be paid travelling rates especially
determined for the occasion, a staff member who is required by the Corporation
to travel overseas on official business, shall be paid the travelling rates
determined by the Australian Public Service and published by the Australian
Government Publishing Service from time to time.
28. First Aid Allowance
(1) A staff member appointed as a First Aid
Officer shall be paid a first aid allowance at the rate appropriate to the
qualifications held by such staff member as specified at Item 1 of the Monetary
Rates Table of clause 78, of this award.
(2) The
First Aid Allowance shall not be paid during long service leave or any other
continuous period of leave that exceeds four weeks.
(3) 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 shall be paid a first aid allowance for assuming
the duties of a First Aid Officer.
29. Weekend and Public Holiday Allowance
(1) The Sales Representatives working three out
of four weekends, on average, shall be entitled to an allowance as specified at
Item 4 of the Monetary Rates Table of clause 78, of this award as compensation
for weekend work, public holidays, out of hours duty, being on call, and duty
undertaken after being "called" for duty.
(2) The Sales Information Officers working
two out of four weekends, on average, shall be entitled to an allowance as
specified at Item 4 of the Monetary Rates Table, of this award as compensation
for weekend work, public holidays, out of hours duty, being on call, and duty
undertaken after being "called" for duty.
(3) The
annual allowance is an all-inclusive addition to salary which represents
compensation for all incidences of employment.
(4) Notwithstanding
provisions contained elsewhere in this Award, the Sales Representatives shall
be paid at the appropriate "casual rate" when using private motor
vehicles for work.
30.
Uniforms, Protective Clothing and their Maintenance
(1) A
staff member who is required and authorised by the Chief Executive Officer to
wear a uniform, protective clothing or other specialised clothing in connection
with the performance of official duties shall be provided by the Corporation
with such clothing.
(2) Where
the approved uniform, protective clothing or other specialised clothing is
provided by the staff member, such staff member shall be reimbursed the cost of
the uniform, protective clothing or other specialised clothing in accordance
with Landcom guidelines.
(a) Staff
members shall be paid for actual expenses properly and reasonably incurred in
accordance with Landcom guidelines for laundering and maintaining uniforms or
protective clothing.
31. Compensation for Damage to or Loss of Private
Property
(1) Where damage to, or loss of, a staff
member’s private 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 Corporation covering the damage to or loss of the
personal property of the staff member.
(2) If a claim under subclause (1) of this
clause is rejected by the insurer, the Chief Executive Officer may compensate a
staff member for the damage to, or loss of, private property, if such damage or
loss:
(a) is
due to the negligence of the Corporation, 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 the Corporation’s
property from loss or damage.
(3) Compensation
in terms of subclause (2) of this clause shall be limited to the amount
necessary to repair the damaged item.
(4) Where the item cannot be repaired or is
lost, the Chief Executive Officer 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.
(5) For
the purpose of this clause, personal property means a staff member’s clothes,
spectacles, hearing aid, tools of trade or similar items that are ordinarily
required for the performance of the staff member’s duties.
(6) Compensation
for the damage sustained shall be made by the Corporation where, in the course
of work, clothing or items such as spectacles and hearing aids are damaged or
destroyed by natural disasters or by theft or vandalism.
32. Overtime
(1) General
(a) A
staff member may be directed 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 shall be taken into account:
(i) the
staff member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(ii) any
risk to staff member health and safety,
(iii) the
urgency of the work required to be performed during overtime, the impact on the
operational commitments of Landcom and the effect on client services,
(iv) the
notice (if any) given by Landcom regarding the working of the overtime, and by
the staff member of their intention to refuse overtime, or
(v) any
other relevant matter.
(b) Payment
for overtime shall be made only where the staff member works directed overtime.
(c) Directed
overtime is all time worked, at the direction of the Chief Executive Officer:
(i) Outside
the Daily Spread of Hours applicable to a staff member working pursuant to the
provisions of clause 12, Hours of Work, whether before or after the commencing
and finishing times of the Daily Spread of Hours; and/or
(ii) Outside
the set hours of work applicable to a staff member working pursuant to the
provisions of clause 14, Standard Hours, whether before or after the commencing
and finishing times of the set hours; and/or on a Saturday, Sunday or Public
Holiday.
(2) Application
The provisions of this clause shall not
apply to:
(a) staff
members covered by formal local arrangements in respect of overtime negotiated
between the Chief Executive Officer and the Association; or
(b) staff
members whose salary includes compensation for overtime; or
(c) staff
members who receive an allowance in lieu of overtime.
33.
Rates for Payment of Overtime
(1) On
weekdays (Monday to Friday inclusive) directed overtime is paid at the rate of
time and one-half for the first two hours and at the rate of double time thereafter,
unless local arrangements negotiated in terms of clause 6 the Local
Arrangements apply.
(2) On
Saturdays directed overtime is paid at the rate of time and one-half for the
first two hours and at the rate of double time thereafter.
(3) On
Sundays directed overtime is paid at the rate of double time.
(4) On
Public holidays directed overtime is paid at the rate of double time and one
half.
(5) 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.
(6) A
staff member who works directed overtime on a Saturday, Sunday or public
holiday, shall be paid a minimum payment as for three (3) hours work at the
appropriate rate.
(7) Limit
on amount of overtime paid to staff members
A staff member whose salary, pursuant to
Appendix B of this award, or salary and allowance in the nature of salary,
exceeds the annual salary for a Landcom Officer Level 5, Salary Point 15, as
varied from time to time, plus $1.00, shall be paid for working directed
overtime at the rate for Landcom Officer Level 5, Salary Point 15, as varied
from time to time, plus $1.00 annually.
(8) Calculation
of Overtime
(a) Overtime
shall 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 shall be:
|
Annual
salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No
of ordinary hours of work per week
|
(c) To
determine time and one half, double time or double time and one half, the
hourly rate at ordinary time shall be multiplied by 1.5, 2 or 2.5,
respectively, calculated to the nearest cent.
(d) Overtime
is not payable for time spent travelling.
34.
Rest Periods
(1) A
staff member who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
(2) Where
a staff member, at the direction of Landcom, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to
eight (8) consecutive hours off duty and shall be paid for the ordinary working
time occurring during the absence.
(3) Recall
to Duty
(a) A
staff member recalled to work overtime after leaving the premises of Landcom
shall be paid for a minimum of three (3) hours work at the appropriate overtime
rates.
(b) The
staff member shall 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
call out period, payment shall 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 shall 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 shall 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 shall be paid at the appropriate overtime rate from the
time of recall to the time of commencement of such normal work.
(g) This
subclause shall not apply in cases where it is customary for a staff member to
return to the Corporation’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 shall
not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
(4) On call (Standby)
A staff member shall be paid the on call
allowance as specified at Item 2 of the Monetary Rates Table of this award when
directed by the Corporation to be on call outside the staff member's working
hours pursuant to the provisions of clauses 12, Hours of Work and 14, Standard
Hours, of this award.
35.
Meal Breaks
(1) Staff
members working pursuant to the provisions of clause 14, Standard Hours, of
this award and who are required to work overtime on weekdays for an hour and a
half or more after the staff member’s standard hours of duty, shall be allowed
30 minutes for a meal and thereafter, 30 minutes for a meal after every further
five hours of overtime worked.
(2) Staff
members working pursuant to the provisions of clause 12, Hours of Work, of this
award and who are required to work overtime on weekdays beyond the conclusion
of the daily bandwidth applicable to them, shall be allowed 30 minutes for a
meal and thereafter, 30 minutes for a meal after every further five hours of
overtime worked.
(3) Any
staff member required to work overtime on a Saturday, Sunday or Public Holiday,
shall 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 shall be given a meal break at the earliest opportunity.
(4) Meal Allowances
(a) If
an adequate meal was not provided by the Corporation, a meal allowance shall be
paid by the Corporation for meals taken during the meal breaks available
pursuant to this award, provided the Chief Executive Officer is satisfied that:
(i) the
time worked is directed overtime;
(ii) the
staff member properly and reasonably incurred expenditure in obtaining the meal
in respect of which the allowance is sought;
(iii) 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
(iv) overtime
is not being paid in respect of the time taken for a meal break.
(b) The
amount of the meal allowance shall be at the rate specified in the prevailing
ATO ruling.
(c) Where
a meal was not purchased, payment of a meal allowance shall not be made.
(d) Where
a meal allowance payable under this clause is insufficient to reimburse the
staff member the cost of a meal, properly and reasonably incurred, the Chief
Executive Officer shall approve payment of the actual expenses incurred.
(e) Receipts
shall be provided to the Chief Executive Officer in support of any claims for
additional expenses or when the staff member is required to substantiate the
claim.
(f) Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Executive
Officer and the Association from negotiating different meal provisions under a
local arrangement.
36. Compensation for Directed Overtime
(1) The Chief Executive Officer shall 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 this clause.
(2) Leave
in Lieu of Payment
(a) A staff member who works directed
overtime may elect to take leave in lieu of payment for all or part of the
entitlement in respect of directed overtime worked.
(b) The following conditions shall apply to
the leave in lieu:
(i) the staff member shall 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;
(ii) the leave in lieu shall be calculated at
the same rate as would have applied to the payment of overtime in terms of
clause 33, Rates of Pay of Overtime, of this award.
(iii) the leave in lieu must be taken at the
convenience of the Corporation, except when leave in lieu is being taken to
look after a sick family member;
(iv) the leave in lieu shall be taken in hours;
(v) leave in lieu accrued in respect of
overtime worked on days other than public holidays, shall be given by the
Corporation and taken by the staff member within three months of accrual unless
alternate local arrangements have been negotiated between the Chief Executive
Officer and the Association;
(vi) at the staff member’s election, leave in
lieu accrued in respect of overtime worked on a public holiday may be added to
the staff member’s annual leave credits and may be taken in conjunction with
annual leave; and
(vii) a staff member shall be paid for the balance
of any overtime entitlement not taken as leave in lieu.
(3) Landcom has the right to determine the
form of compensation granted where a staff member has accrued an annual leave
balance of more than 30 days at the time of the staff member's claim for
compensation for directed overtime.
37.
Provision of Transport
Where overtime is required to be performed,
it should be arranged, as far as is reasonably possible, so that staff members
can use public transport or other normal means of transport to and from work.
For the purpose of this clause, departure or
arrival after 8.00 pm will determine whether the provisions of this clause
apply.
Departure or arrival after 8.00 pm 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. Where it is so demonstrated, arrangements may
be made for transport home of the staff member to be provided by way of a taxi.
The responsibility of deciding whether the
provision of assistance with transport is warranted in the circumstances set
out above, rests with the local management of the Corporation where knowledge
of each particular situation will enable appropriate judgements to be made.
38.
Leave
(1) General
(a) The provisions
contained in this clause apply to all staff members other than those to whom a
local arrangement negotiated between the Chief Executive Officer and the
Association in terms of the Local Arrangements provisions 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) A temporary or
term staff member employed by the Corporation 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 with the Corporation,
if such period or periods of employment commence immediately on termination of
a previous period or periods of employment.
(d) Where paid and
unpaid leave available to be granted under this award are combined, paid leave
shall be taken before unpaid leave.
(2) Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff member
is to be absent from duty because of illness or other emergency, the staff
member shall notify, or arrange for another person to notify, 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 Chief Executive Officer
shall cause to be deducted 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 shall be one hour in a 24 hour period,
and it will be calculated based on actual period of leave hours 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.
(3) Application for Leave
(a) An application
by a staff member for leave under this award shall be made to, and dealt with
by, the Chief Executive Officer.
(b) Where the operational
requirements of the Corporation permit, an application for leave shall be dealt
with by the Chief Executive Officer according to the wishes of the staff
member.
39. Annual Leave
(1) Paid annual
leave for full time staff members accrues at the rate of 20 working days per
year and accrues from day to day.
(2) Staff members
working part time shall accrue paid annual leave on a pro rata basis, which
will be determined on the average weekly hours worked per leave year.
(3) The Chief
Executive Officer will inform a staff member in writing on a regular basis of
the staff member’s annual leave accrual.
(4) Limits on Accumulation and
Direction to Take Leave
(a) At least two
(2) consecutive weeks of annual leave (or a combination of annual leave and
public holidays, agreed absences, long service leave or, if the staff member
elects, leave without pay) shall be taken by a staff member every 12 months for
recreation purposes, except by agreement with the Chief Executive Officer in
special circumstances.
(b) After taking
into account the wishes of the staff member, the Chief Executive Officer may
direct such staff member to take accrued annual leave at a time convenient to
the Corporation.
(c) The Chief
Executive Officer shall notify the staff member in writing when accrued annual
leave reaches 6 weeks, or its hourly equivalent, and at the same time, may
direct a staff member to take at least 2 weeks annual leave within 3 months of
the notification. Such leave is to be
taken at a time convenient to the Corporation.
(d) The Chief
Executive Officer shall notify the staff member in writing when accrued annual
leave reaches 8 weeks, or its hourly equivalent, and direct the staff member to
take at least 2 weeks annual leave within 6 weeks of the notification. Such
leave is to be taken at a time convenient to the Corporation.
(5) Conservation of Leave
If the Chief Executive Officer is satisfied that a
staff member is prevented by operational or personal reasons from taking
sufficient annual leave to reduce the accrued leave below an acceptable level
of between 4 and 6 weeks, or its hourly equivalent, the Chief Executive Officer
shall:
(a) specify in
writing the period of time during which the annual leave in excess of 6 weeks
shall 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 6 weeks limit.
(6) Miscellaneous
(a) Annual leave
for which a staff member is eligible on cessation of employment is to be
calculated to quarter day (fractions less than a quarter being rounded up).
(b) Annual 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 (c) of this
subclause.
(c) Annual leave accrues during any period of
leave without pay granted on account of incapacity for which compensation has
been authorised to be paid under the Workers’ Compensation Act 1987; or
any period of sick leave without pay or any other approved leave without pay,
not exceeding 5 full time working days, or their part time equivalent, in any
period of 12 months.
(d) The
proportionate deduction to be made in respect of the accrual of annual leave on
account of any period of absence referred to in paragraph (c) of this subclause
shall be calculated to the hour.
(e) Annual leave
accrues at half the normal accrual rate during periods of long service leave on
half pay.
(f) On cessation of employment, a staff
member is entitled to be paid the money value of accrued annual leave which
remains untaken.
(g) A staff member
to whom paragraph (f) of this subclause applies may elect to take all or part
of accrued annual 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.
(7) Death
Where a staff member dies, the monetary value of annual
leave accrued and remaining untaken as at the date of death, shall be paid to
the staff member’s nominated beneficiary.
Where no beneficiary has been nominated, the monetary value of annual
leave is to be paid as follows:
(a) to the widow or widower of the staff
member; or
(b) if there is no widow or widower, 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
(c) if there is no such widow, widower or
children, to the person who, in the opinion of the Chief Executive Officer was,
at the time of the staff member’s death, a dependent relative of the staff
member; or
(d) if there is no
person entitled under paragraphs (a) or (b) or (c) of this subclause 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 shall be made to the
personal representative of the staff member.
40.
Sick Leave
(1) General
If the Chief Executive Officer 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 Chief Executive Officer:
(a) shall 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 clause to sick leave on full pay.
(2) Entitlements
(a) Sick leave on
full pay accrues to a staff member at the rate of 15 days each year. Any leave accrued and not utilised
accumulates.
(b) From 1 January
2011, paid sick leave entitlement will accrue progressively from day to
day. Prior to 1 January 2011, sick leave
on full pay accrues at the beginning of the calendar year. Staff members appointed after 1 January 2011
will be granted an accrual of 5 days sick leave upon commencement. After the first four months of employment
sick will accrue progressively at the rate of 10 days per year for the balance
of the first year of service. After the
first year of service, sick leave will accrue at the rate of 15 days per year
of service.
(c) All continuous service as a staff member
in the NSW public service shall 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 shall be taken into account for the purpose of calculating sick leave
due if the previous sick leave records are available.
(d) Notwithstanding
the provisions of paragraph (c) of this subclause, sick leave accrued and not
taken in the service of a public sector employer may be accessed in terms of
the Public Sector Staff Mobility Policy.
(e) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall 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, shall be converted to its full pay equivalent.
(g) Paid sick leave
shall not be granted during a period of unpaid leave.
(3) Payment During the Initial 3 Months of
Service
Paid sick leave which may be granted to a staff member,
other than a relief staff member, in the first 3 months of service shall be
limited to 5 days’ paid sick leave, unless the Chief Executive Officer approves
otherwise. Paid sick leave in excess of
5 days granted in the first 3 months of service shall be supported by a
satisfactory medical certificate.
From 1 January 2011, this clause 40(3) ceases to
operate.
(4) Seasonal or Relief Staff
No paid sick leave shall be granted to temporary staff
members who are employed as relief staff for a period of less than 3 months.
41. Sick Leave -
Workers’ Compensation
(1) The Chief
Executive Officer shall advise each staff member of the rights under the Workers’
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
(2) 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, shall be required to lodge a
claim for any such compensation.
(3) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Chief Executive Officer shall assist the staff member or the
representative of the staff member, as required, to lodge a claim for any such
compensation.
(4) The Chief
Executive Officer will ensure that, once received by the Corporation, a staff
member’s worker’s compensation claim is lodged by the Corporation with the
workers’ compensation insurer within the statutory period prescribed in the Workers’
Compensation Act 1987.
(5) Pending the
determination of that claim, and on production of an acceptable medical
certificate, the Chief Executive Officer shall 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.
(6) 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 shall
be restored to the credit of the staff member.
(7) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of 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 shall be debited against the staff member.
Note: The interpretation and application of subclause
41(7) was the subject of a judgment of the Supreme Court of New South Wales in
Public Service Association and Professional Officers’ Association Amalgamated
Union of New South Wales v Industrial Relations Secretary [2017] NSWSC 1473.
(8) If a staff
member notifies the Chief Executive Officer that he or she does not intend to
make a claim for any such compensation, the Chief Executive Officer shall
consider the reasons for the staff member’s decision and shall determine
whether, in the circumstances, it is appropriate to grant sick leave in respect
of any such absence.
(9) 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 shall
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.
(10) If the Chief
Executive Officer 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 the 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 shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
(11) No further sick
leave shall 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.
(12) 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 Chief Executive Officer 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.
42. Sick Leave - Other
Than Workers’ Compensation
(1) 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 Corporation 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 Corporation the monetary value of any such
period of sick leave.
(2) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Chief Executive Officer is
satisfied that the refusal or failure is unavoidable.
(3) On repayment to
the Corporation 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, shall be restored to the credit of the staff
member.
43. Sick Leave -
Requirements for Medical Certificate
(1) A staff member
absent from duty for more than 3 consecutive working days because of illness
must furnish a medical certificate to the Chief Executive Officer in respect of
the absence.
(2) A staff member
shall be put on notice in advance if required by the Chief Executive Officer to
furnish a medical certificate in respect of an absence from duty for 3
consecutive working days or less because of illness.
(3) If there is any
concern about the reason shown on the medical certificate, the Chief Executive
Officer, after discussion with the staff member, may refer the medical
certificate and the staff member’s application for leave to an independent
medical practitioner for advice.
(4) The nature of
the leave to be granted to a staff member shall be determined by the Chief
Executive Officer on the advice of the independent medical practitioner.
(5) If sick leave
applied for is not granted, the Chief Executive Officer must, as far as
practicable, take into account the wishes of the staff member when determining
the nature of the leave to be granted.
(6) If
a staff member who is absent on annual leave or long service leave, furnishes
to the Chief Executive Officer a satisfactory medical certificate in respect of
an illness which occurred during the leave, the Chief Executive Officer may,
subject to the provisions of this clause, grant sick leave to the staff member
as follows:
(a) in respect of
annual leave, the period set out in the medical certificate;
(b) in respect of
long service leave, the period set out in the medical certificate if such
period is 5 working days or more.
(7) Subclause (6)
above 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.
(8) The reference
in this clause to a medical certificate shall apply, as appropriate, to the
certificates for the absence of up to one week provided by a registered dentist,
optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial
surgeon or, at the Chief Executive Officer’s discretion, another registered
health services provider. Where the absence exceeds one week, and unless the
health provider listed above is also a registered medical practitioner,
applications for any further sick leave must be supported by a medical
certificate from a registered medical practitioner.
44. Sick Leave to Care
for a Family Member
(1) When family and
community service leave provided for in clause 48 of this award is exhausted, a
staff member with responsibilities in relation to a category of person set out
in subclause (4) 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 clause, to provide such care and support when a family member is ill.
(2) The sick leave shall initially be taken
from the current leave year’s entitlement followed, if necessary, by the sick
leave accumulated over the previous 3 years.
In special circumstances, the Chief Executive Officer may grant
additional sick leave from the sick leave accumulated during the staff member’s
eligible service.
(3) If required by
the Chief Executive Officer, the staff member must establish, by production of
a medical certificate or statutory declaration, the illness of the person
concerned.
(4) 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:
(i) a spouse of the
staff member; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of de
facto spouse of the staff member; or
(iv) 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.
45. Maternity Leave
(1) A staff member
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
(a) for a period up to 14 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.
(2) A staff member
who has been granted maternity leave may, with the permission of the Chief
Executive Officer, take leave after the actual date of birth:
(a) full-time for a
period of up to 12 months; or
(b) part-time for a
period of up to 2 years; or
(c) as a
combination of full-time and part-time over a proportionate period of up to 2
years.
(3) 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.
(4) A staff member
who resumes duty from maternity leave as approved by the Chief Executive
Officer shall be entitled to resume duty in the position occupied by her
immediately before the commencement of maternity leave, if the position still
exists.
(5) If the position
occupied by the staff member immediately prior to maternity 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 shall be appointed
to a position of the same grade and classification as the staff member’s former
position.
(6) A staff member
who:
(a) applied for maternity
leave within the time and in the manner determined by the Chief Executive
Officer; and
(b) prior to the
expected date of birth, completed not less than 40 weeks’ continuous service,
shall be paid at her ordinary rate of pay for a period
not exceeding 14 weeks at full pay or 28 weeks at half pay.
(7) A staff member
who:
(a) becomes
pregnant and wishes to take maternity leave; and
(b) within the past
24 months has taken maternity leave for an earlier pregnancy; and
(c) applies for
maternity leave within the time and in the manner determined by the Chief
Executive Officer; and
(d) prior to the
expected date of birth, has completed not less than 40 weeks’ continuous
service,
shall be paid at her ordinary rate of pay for a period
not exceeding 14 weeks at full pay or 28 weeks at half pay.
Under this clause, payment of maternity leave shall be
calculated on the hours worked by the staff member prior to the earlier period
of maternity leave taken, even if the staff member has reduced her hours of
work upon returning to work after the earlier pregnancy.
(8) Except as
provided in this clause, maternity leave shall be granted without pay.
(9) Employees
entitled to maternity leave shall also have an additional entitlement as set
out in Appendix A.
46.
Parental Leave
(1) Parental leave is available to a staff
member who applies for leave to look after their child or children. Parental leave applies as follows:
(a) short parental leave is an unbroken
period of up to one week on full pay or two weeks on half pay 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
parental leave is for a period not exceeding 12 months, less any short parental
leave already taken by the staff member as provided for in this subclause.
(2) Extended
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.
(3) A staff member
who has been granted parental leave may, with the permission of the Chief
Executive Officer, take such leave:
(a) full-time for a
period not exceeding 12 months; or
(b) part-time over a
period not exceeding 2 years; or
(c) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(4) A staff member
who resumes duty immediately on the expiration of parental leave shall:
(a) if the position
occupied by the staff member immediately before the commencement of that leave
still exists, be entitled to be placed in that position; or
(b) if the position
occupied by the staff member 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 shall be appointed, to a position of the same grade and
classification as the staff member’s former position.
(5) Parental leave
shall be granted without pay other than in the circumstances set out at
subclauses (1)(a) and (6) of this clause, unless the staff member elects to
take accrued recreation or extended leave in respect of some or all of the
period of parental leave.
(6) A staff member who:
(a) applied for
parental leave within the time and in the manner determined by the Chief
Executive Officer; and
(b) prior to the
expected date of birth or taking of custody, completed not less than 40 weeks’
continuous service, shall be paid the ordinary rate of pay for a period not
exceeding 1 week at full pay or 2 weeks at half pay or the period of parental
leave taken, whichever is the lesser period.
(7) Employees
entitled to parental leave shall also have an additional entitlement as set out
in Appendix A.
47. Adoption Leave
(1) A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(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 Chief Executive Officer
may determine, if the child has commenced school at the date of the taking of
custody.
(2) A staff member
who has been granted adoption leave may, with the permission of the Chief
Executive Officer, take leave:
(a) full-time for a
period not exceeding 12 months; or
(b) part-time over a
period not exceeding 2 years; or
(c) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(3) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(4) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(a) if the position
occupied by the staff member immediately before the commencement of that leave
still exists, be entitled to be placed in that position; or
(b) if the position
so occupied by the staff member 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 shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(5) A staff member who will be the primary
care giver from the date of taking custody of the adopted child shall be
entitled to payment at full pay for a period of 14 weeks of adoption leave or
at half pay for 28 weeks of adoption leave or the period of adoption leave
taken, whichever is the lesser period if the staff member:
(a) applied for
adoption leave within the time and in the manner determined by the Chief
Executive Officer; and
(b) prior to the
commencement of adoption leave, completed not less than 40 weeks’ continuous
service.
(6) Except as
provided in subclause (5) of this clause, adoption leave shall be granted
without pay.
(7) Special
Adoption Leave
A staff member shall 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 annual leave, long service leave, agreed
absences or family and community service leave.
(8) Employees
entitled to adoption leave shall also have an additional entitlement as set out
in Appendix A.
48. Family and Community Service Leave
(1) The Chief Executive Officer shall, in the
case of emergencies or in unexpected personal or domestic circumstances, grant
to a staff member some or all of the available family and community service
leave on full pay.
(2) Such cases or circumstances 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) 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 threaten property and/or prevent a staff member from
reporting for duty; and
(d) other personal circumstances such as
citizenship ceremonies or parent/teacher interviews.
(3) The maximum amount of family and
community service leave on full pay which may, subject to this award, be
granted to a staff member shall be 2.5 working days in
the staff member’s first and second years of service and 1 working day for each
subsequent year of service.
(4) If available family and community service
leave is exhausted, the Chief Executive Officer shall consider applications for
additional family and community service leave, if some other emergency
arises. On the death of a person defined
in subclause (4) of clause 44, Sick Leave to Care for a Family Member,
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.
(5) In cases of illness of a family member
for whose care and support the staff member is responsible, paid sick leave in
accordance with subclause (2) of clause 44, Sick Leave to Care for a Family
Member, shall be granted when paid family and community service leave has been
exhausted.
49.
Observance of Essential Religious or Cultural Obligations
(1) 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,
agreed absences or leave without pay to do so.
(2) Provided adequate notice as to the need
for leave is given by the staff member to Landcom and it is operationally
convenient to release the staff member from duty, the Chief Executive Officer
must grant the leave applied for by the staff member in terms of this clause.
(3) A staff member of any religious faith who
seeks time off during daily working hours to attend to essential religious
obligations of that faith, shall be granted such time off by the Chief
Executive Officer, subject to:
(a) adequate notice
being given by the staff member; and
(b) prior approval
being obtained by the staff member; and
(c) the time off
being made up in the manner approved by the Chief Executive Officer.
(4) Notwithstanding
the provisions of subclauses (1), (2) and (3) of this clause, arrangements may
be negotiated between Landcom and the Association in terms the Local
Arrangements clause of this award to provide greater flexibility for staff
members for the observance of essential religious or cultural obligations.
50.
Long Service Leave
(1) Entitlement
to Long Service Leave
(a) A
staff member shall be entitled to long service leave after a certain period of
service. Subject to this clause, a staff
member is entitled:
(i) after service for 10 years, to leave for
2 months on full pay or 4 months on half pay or 1 month on double pay, and
(ii) after service
in excess of 10 years, to:
1. leave as
provided by subparagraph (i), and
2. in addition, an
amount of leave proportionate to the staff member's length of service after 10
years, calculated on the basis of 5 months on full pay or 10 months on half pay
or 2 and one half months on double pay, for 10 years served after service for
10 years.
(b) A staff member
shall be entitled to pro rata long service leave at the accrual rates set out
in subclause (1)(a)(i) of this clause after service for 7 years.
(c) From 1 January
2005, a period of long service leave shall be exclusive of public holidays that
fall during the period and such holidays shall be paid pursuant to the
provisions of clause 72, Public Holidays, of this award and shall not be
debited from a staff member’s long service leave entitlement.
(d) Long service
leave taken at double pay shall be paid at full pay plus an equivalent taxable
allowance, with the allowance not counting for the purposes of superannuation
payments, and with 2 days of long service leave debited from a staff member’s
long service leave entitlement for each day of double pay leave taken.
(e) Should a public
holiday fall during a period of double pay long service leave, a day of long
service leave shall be debited from a staff member’s long service leave
entitlement for each such public holiday.
(f) All leave
entitlements that accrue whilst a staff member takes long service leave shall
accrue at the fulltime rate whilst a staff member takes long service leave at
double pay.
(g) For the purpose of
calculating the entitlement of a person to long service leave under this clause
at any time:
(i) service
referred to in this clause includes service before the commencement of this
award, and
(ii) there must be
deducted from the amount of long service leave to which, but for this
subparagraph, that person would be entitled:
1. any long
service leave, or leave in the nature of long service leave, and
2. the equivalent,
in long service leave, of any benefit instead of long service leave or leave in
the nature of long service leave, taken or received by that person before that
time, including any such leave taken, or benefit received, by that person in
accordance with the Public Service (Amendment) Act 1919 as in force at
any time, and
(iii) the provisions
of the Transferred Officers Extended Leave Act 1961 have effect.
(h) Nothing in
paragraph (g) shall be regarded as authorising, in respect of the same period
of leave taken or the same benefit received, a deduction under both paragraph
(g)(ii) and section 3(7) of the Transferred Officers Extended Leave Act
1961.
(i) If the services
of a staff member with at least 5 years' service as an adult and less than 10
years' service are terminated:
(ii) by the Chief
Executive Officer for any reason other than the staff member's serious and
intentional misconduct, or
(iii) by the staff
member on account of illness, incapacity or domestic or other pressing
necessity, the staff member is entitled:
(iv) for 5 years'
service, to 1 month's leave on full pay, and
(v) for service
after 5 years, to a proportionate amount of leave on full pay calculated on the
basis of 3 months' leave for 15 years' service (that service to include service
as an adult and otherwise than as an adult).
(j) For the
purposes of paragraph (i), "service as an adult", in the case of a
staff member employed to do any work for which the remuneration:
(i) has been fixed
by an award of the Commonwealth:
1. made under the Conciliation
and Arbitration Act 1904 of the Commonwealth, or
2. made under the Industrial
Relations Act 1996, or
(ii) has been fixed
by an industrial agreement or enterprise agreement made in accordance with or
registered under either of those Acts or an agreement or determination made in
accordance with the Public Sector Employment and Management Act 2002,
means the period of service during which the
remuneration applicable to the staff member was at a rate not lower than the
lowest rate fixed under the award, industrial agreement, agreement or
determination for an adult male or adult female in the same trade,
classification, calling, group or grade as the staff member.
(k) For the purposes
of paragraph (a), service includes:
(i) service under
the Teaching Services Act 1980, and
(ii) service as an
administrative officer under the Police Service Act 1990, and
(iii) any period of
leave without pay taken before the commencement of the Public Service and
Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(iv) in the case of a
staff member who has completed at least 10 years' service - any period of leave
without pay, not exceeding 6 months, taken after that commencement.
(l) For the purpose
of determining whether or not a staff member has completed at least 10 years'
service, the staff member's period of service shall be taken:
(i) to include any
period of leave without pay taken before the commencement of the Public
Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(ii) to exclude any
period of leave without pay taken after that commencement.
(m) For the purposes
of paragraph (i), "service" does not include any period of leave
without pay whether taken before or after the commencement of the Public
Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.
(2) Gratuity
Payment
(a) A staff member
who has acquired a right to long service leave with pay under this award is
entitled, immediately on the termination of the staff members' services, to be
paid instead of that leave the money value of the long service leave as a
gratuity in addition to any gratuity to which the staff member may be otherwise
entitled.
(b) Any pension to
which any such staff member is entitled under the Superannuation Act
1916 commences from and including the date on which the staff members' long
service leave, if taken, would have commenced.
(c) Any staff
member may elect, on termination of the staff members’ services, to be paid the
money value of long service leave under this clause or may elect to have the Transferred
Officers Extended Leave Act 1961 apply to the periods of service for which
the leave has accrued.
(3) Payment Where Eligible Staff Members Have
Died
(a) If a staff
member has acquired a right under this award to long service leave with pay and
dies before starting it, or after starting it dies before completing it:
(i) the widow or
widower of the staff member, or
(ii) if there is no
such widow or widower, the children of the staff member, or
(iii) if there is no
such widow, widower or children, the person who, in the opinion of the Chief
Executive Officer, was, at the time of the staff member's death, a dependent
relative of the staff member,
is entitled to receive the money value of the leave not
taken, or not completed, computed at the rate of salary that the staff member
received at the time of his or her death, less any amount paid to the staff
member in respect of the leave not taken, or not completed.
(b) If a staff
member with at least 5 years' service as an adult and less than 10years'
service as referred to in this clause dies:
(i) the widow or
widower of the staff member, or
(ii) if there is no
such widow or widower, the children of the staff member, or
(iii) if there is no
such widow, widower or children, the person who, in the opinion of the Chief
Executive Officer, was, at the time of the death of the staff member, a
dependent relative of the staff member,
is entitled to receive the money value of the leave
which would have accrued to the staff member had his or her services terminated
as referred to in this clause, computed at the rate of salary that the staff
member was receiving at the time of his or her death.
(c) If there is a
guardian of any children entitled under this clause, the payment to which those
children are entitled may be made to that guardian for their maintenance,
education and advancement.
(d) If there is no
person entitled under this clause to receive the money value of any leave not
taken or not completed by a staff member or which would have accrued to a staff
member, payment in respect of that leave must be made to the staff member's
personal representatives.
(e) Any payment
under this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
(f) If payment of
the money value of leave has been made under this award, the Landcom ceases to
be liable for payment of any amount in respect of that leave.
(4) Long Service Leave for Temporary
Employees
(a) In this clause,
a reference to a staff member includes a reference to a temporary staff member.
(b) If the period of
leave to which a temporary staff member is entitled under this clause exceeds
the period for which the temporary staff member is employed under this award,
the balance of that period of leave may be granted during subsequent periods of
employment with Landcom if each subsequent period of employment commences on
the termination of a previous period of employment with Landcom.
51. Leave Without Pay
(1) The Chief
Executive Officer may grant leave without pay to a staff member if good and
sufficient reason is shown.
(2) Leave without
pay may be granted on a full-time or a part-time basis.
(3) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(4) 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 shall count as
service for incremental progression and accrual of recreation leave.
(5) A staff member
who has been granted leave without pay, shall not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Chief Executive Officer.
(6) A staff member
shall 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 shall be taken before leave
without pay.
(7) No paid leave
shall be granted during a period of leave without pay.
52.
Military Leave
(1) During the period of 12 months commencing
on 1 July each year, the Chief Executive Officer 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 conducted by the staff member’s unit.
(2) Up to 24
working days military leave per year may be granted by the Chief Executive
Officer to members of the Naval and Military Reserves and up to 28 working days
per year to members of the Air Force Reserve for the activities specified in
subclause (1) of this clause.
(3) At the
expiration of military leave, the staff member shall furnish to the Chief
Executive Officer a certificate of attendance signed by the commanding officer
or other responsible officer.
53. Special Leave
The Chief Executive Officer shall consider applications for
special leave, and where appropriate, shall approve such leave as determined on
a case by case basis.
(1) Special Leave for Jury Service
(a) A staff member
shall, as soon as possible, notify the Chief Executive Officer 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 from jury
service, furnish to the Chief Executive Officer 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 Chief Executive
Officer shall 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 Chief Executive Officer
shall grant, at the sole election of the staff member, available recreation
leave on full pay, agreed absences or leave without pay.
(2) Witness at Court in an Official Capacity
(a) When a staff
member is subpoenaed or called as a witness in an official capacity, the staff
member shall be regarded as being on duty.
(b) 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 shall be paid by the Corporation.
(3) Witness at Court in Other than an
Official Capacity as a 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) shall:
(a) be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
(b) pay to Landcom
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.
(4) Called
as a Witness in a Private Capacity
A staff member who is subpoenaed or called as a witness
in a private capacity shall, for the whole of the period necessary to attend as
such a witness, be granted at the staff member’s election, available recreation
leave on full pay or leave without pay.
(5) Examinations
(a) Special leave
on full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the Chief
Executive Officer.
(b) Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
(6) Return Home When Temporarily Living Away
from Home
(a) Sufficient
special leave shall be granted to a staff member who is temporarily living away
from home as a result of work requirements.
Such staff member shall be granted sufficient special leave once a
month, before or after a weekend or a long weekend, to return home to spend two
days and two nights with the family.
(b) If the staff
member wishes to return home more often, such staff member may be granted
recreation leave, extended leave or agreed absence to credit or leave without
pay, if the operational requirements allow.
(7) Return
Home When Transferred to New Location
Special leave shall be granted to a staff member who
has moved to the new location ahead of dependants, to visit such dependants,
subject to the conditions specified in the Crown Employees (Transferred
Officers Compensation) Award.
(8) National Aborigines and Islander Day of
Commemoration Celebrations
A staff member who identifies as an Aborigine or a
Torres Strait Islander 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.
(9) Other Purposes
Special leave on full pay for other purposes may be
granted to staff members at the discretion of the Chief Executive Officer.
(10) Matters Arising
from Domestic Violence Situations
When the leave entitlements referred to in clause 54,
Leave for Matters Arising From Domestic Violence, have been exhausted, the
Chief Executive Officer shall grant up to five days per calendar year to be
used for absences from the workplace to attend to matters arising from domestic
violence situations.
54. Leave for Matters
Arising from Domestic Violence
(1) The definition
of domestic violence is found in clause 5 of this award.
(2) Leave
entitlements provided for in clause 48, Family and Community Service Leave,
clause 40, Sick Leave and clause 44, Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
(3) Where the leave
entitlements referred to in subclause (2) are exhausted, the Chief Executive Officer
shall grant Special Leave as per subclause 53(10).
(4) The Chief
Executive Officer will need to be satisfied, on reasonable grounds, that
domestic violence has occurred and may require proof presented in the form of
an agreed document issued by the Police Force, a Court, a Doctor, a Domestic
Violence Support Service or Lawyer.
(5) Personal
information concerning domestic violence will be kept confidential by Landcom.
(6) The Chief
Executive Officer, 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.
55. Staff Development,
Training Activities and Study Assistance
The Chief Executive Officer shall grant or refuse
applications for staff development and training and/or study time and/or any
reimbursement of fees in accordance with arrangements and criteria established
in the Landcom Training and Development Policy.
56.
Exchanges
(1) The Chief Executive Officer may arrange
staff member exchanges with other organisations both public and private, if the
Corporation or the staff member will benefit from additional training and
development which is intended to be used in the carrying out of the
Corporation’s business.
(2) The conditions applicable to staff
members who participate in exchanges will be determined by the Chief Executive
Officer according to the individual circumstances in each case.
57. Relocation Package
Negotiated
benefits for staff members required by Landcom to relocate will be agreed with
individual staff members prior to relocation.
The benefits will be equal to, or better than, the current provisions of
the Crown Employees (Transferred Officers’ Compensation) Award.
The
package of variable individually negotiated benefits will be established to
compensate for the expenses and associated dislocation experienced by staff
members as a result of relocating from one residential location to another residential
location as a necessary consequence of promotion, transfer (for other than
disciplinary reasons) or staff exchange to a new work location.
The
scope of the package must be defined in broad terms at the time of acceptance
of the new position.
58.
Termination of Employment
A
fulltime staff member shall give Landcom 10 working days' notice prior to
resigning from employment. A period of
notice is inclusive of Public Holidays.
Notwithstanding
the provisions of this clause, the Chief Executive Officer may accept a shorter
period of notice or waive the requirement for a period of notice or pay out a
period of notice.
The
provisions of this clause apply to part time staff members on a pro-rata basis.
59.
Working from Home
The Chief Executive Officer may approve
applications by staff members to work from home on a temporary, fixed term, or
regular basis in accordance with arrangements and criteria as established in
the Landcom Working from Home Policy.
60.
Private Employment
The Chief Executive Officer may approve
applications by staff members to undertake private employment on a temporary,
fixed term, or regular basis in accordance with arrangements and criteria as
established in Landcom’s Private Employment policy.
61. Management of Displaced Staff Members
(1) Where
changes in the workplace result in staff members becoming displaced, Landcom
will endeavour to find a permanent placement for such staff members at Landcom.
(2) Staff
members who are declared to be displaced as a result of workplace change shall
be entitled, as a minimum, to the entitlements set out in the relevant NSW
Government Policy as amended from time to time.
(3) The
Chief Executive Officer may approve applications by staff members for
assistance under the Landcom Job Assist Scheme in accordance with arrangements
and criteria as established in Landcom’s Job Assist Scheme policy.
62.
Child Care Arrangements
Landcom shall consult with the Association
during the life of the award on the development of childcare arrangements based
on the Family Day Care Scheme.
63. Performance Management
(1) Performance
Management System
(a) The
Landcom Performance Management System and associated policy shall be used to
identify, develop and evaluate each staff member’s work performance and
development needs in relation to achieving the key results for each position in
compliance with the overall Landcom Strategic Plan, Business Plans and the
performance criteria agreed upon for each staff member.
(b) Formal
appraisals under the Performance Management System shall also be used to assess
incremental progression to the next salary point within each salary level.
(c) Incremental
progression is not an automatic annual entitlement. It is subject to satisfactory performance as
recommended and documented by the supervisor in accordance with the Landcom
Performance Management System.
(d) The
salary and performance of each staff member shall normally be reviewed
annually.
(e) Supervisors
may complete additional formal appraisals within this annual cycle.
(f) Where
the result of the annual review shows the result of "unsatisfactory"
performance, the supervisor shall take the necessary steps to address the
performance problems in consultation with the staff member.
(g) If
performance problems cannot be satisfactorily resolved through undertaking
reasonable measures then, as a last resort, commencement of disciplinary action
shall begin in accordance with clause 64, Unsatisfactory Performance or
Misconduct, of this award.
(2) Accelerated
Progression
The Chief Executive Officer may decide on
accelerated progression through the salary points within the relevant Level
shown in the salaries schedule at Appendix B of this award for staff members
who are formally assessed to perform at the highest of the five levels
available under the Landcom Performance Management System.
64.
Unsatisfactory Performance or Misconduct
(1) The
Chief Executive Officer shall deal with cases of unsatisfactory performance or
misconduct in accordance with arrangements and procedures as established in the
Landcom Unsatisfactory Performance or Misconduct policy.
(2) If
criminal charges have been laid or a complaint made to a body such as the
Independent Commission Against Corruption or the Anti-Discrimination Board, the
Chief Executive Officer shall consider whether the matter should be pursued
through other means.
(3) Remedies
available to the Chief Executive Officer include summary dismissal for proven
serious and wilful misconduct.
65.
Anti-Discrimination
(1) It
is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(2) It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this award
are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under
the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(4) Nothing
in this clause is to be taken to affect:
(a) any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(b) offering
or providing junior rates of pay to persons under 21 years of age;
(c) any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
(d) a
party to this award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
(5) This
clause does not create legal rights or obligations in addition to those imposed
upon the parties by the legislation referred to in this clause.
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any
other act or practice of a body established to propagate religion that conforms
to the doctrines of that religion or is necessary to avoid injury to the
religious susceptibilities of the adherents of that religion."
66. Association Activities
(1) "On duty" Activities
An Association delegate will be released
from the performance of normal Landcom duty in respect of activities specified
below 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
Regulations;
(b) Attendance
at meetings with workplace management or workplace management representatives;
(c) A
reasonable period of preparation time, before -
(i) meetings
with management;
(ii) disciplinary
or grievance meetings when an Association member requires the presence of an
Association delegate; and
(iii) 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;
(2) Special Leave Activities
The granting of special leave with pay will
apply to the following activities undertaken by an Association delegate, as
specified below:
(a) annual or biennial conferences of the
Association;
(b) meetings of the Association’s Executive,
Committee of Management or Councils;
(c) annual conference of the Unions NSW and
the biennial Congress of the Australian Council of Trade Unions;
(d) attendance
at meetings called by the Unions NSW involving the Association, which require
attendance of a delegate;
(e) giving
evidence before an Industrial Tribunal as a witness for the Association;
(f) reasonable
travelling time to and from conferences or meetings to which the provisions of
paragraphs (a), (b) and (c) of this clause apply.
(3) Training Courses
(a) Accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S training
for WH&S Committee members will attract the grant of special leave. The
provider(s) of accredited WH&S training courses, and the conditions on
which special leave for such courses will be granted, shall be negotiated
between the Chief Executive Officer and the Association under a local
arrangement pursuant to clause 6, Local Arrangements.
(b) Special
leave will be granted Association members for attendance at courses organised
and conducted by the Association or a training provider nominated by the
Association. A maximum of 12 working
days in any period of 2 years applies to this training and is subject to:
(c) the
operating requirements of Landcom permitting the grant of leave and the absence
not requiring employment of relief staff members;
(i) payment
being at the ordinary time rate, i.e. excluding extraneous payments such as
shift allowances, penalty rates or overtime;
(ii) all
travelling and associated expenses being met by the staff member or the
Association;
(iii) attendance
at the relevant training course being confirmed, in writing, by the Association
or a nominated training provider.
(4) Period of Notice
The Chief Executive Officer must be notified
in writing by the Association or, where appropriate, by the accredited delegate
as soon as the date and/or time of the meeting, conference or other relevant
activity is known.
67.
Access to Facilities
Landcom shall provide accredited Association
delegates with reasonable access to the following facilities for authorised
Association activities:
(1) telephone,
facsimile and, where available, e-mail facilities;
(2) a
notice board for material authorised by the Association or access to staff
notice boards for material authorised by the Association;
(3) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
68.
Right of Entry
The right of entry provisions shall be as
prescribed under the Work Health and Safety Act 2011 and the Industrial
Relations Act 1996.
69.
Industrial Action
(1) Provisions
of the Industrial Relations Act 1996 shall apply to the right of union
members to take lawful industrial action.
(2) There
will be no victimisation of staff members prior to, during or following such
industrial action.
70.
Technological Change
Landcom shall consult with the Association
prior to the introduction of significant technological change(s).
71.
Association Deductions
(1) At
the election of the staff member, the Chief Executive Officer shall provide for
the staff member’s Association membership fees to be deducted from the staff
member’s pay and ensure that such fees are transmitted to the Association at
fortnightly intervals by Electronic Funds Transfer (EFT).
(2) The
Association shall advise Landcom of any change to the amount of fortnightly
membership fees made under its rules at least one month before such changes are
to take effect.
72.
Public Holidays
(1) Unless
directed to attend for duty by the Chief executive Officer, 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) a
day in the same fortnight in which Christmas Day and New Year’s Day occur,
determined by the Chief Executive Officer as a public holiday for Landcom staff
members.
(2) A
staff member, who is required by the Chief Executive Officer 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.
(3) If
a local holiday falls during a staff member’s absence on leave, the staff
member is not to be credited with the holiday.
73.
Community Language Allowance
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 employed as interpreters and translators or employed in positions where
particular language skills are an integral part of the essential requirements
of the position shall be paid an allowance as specified at Item 3 of the
Monetary Rates Table of this award.
74. Flexible Work
Practices
Staff members and Landcom may make use of the flexible work
practices outlined in the Public Employment Office document "Flexible Work
Practices - Policy and Guidelines".
The flexible work practices include:
|
Title
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Brief Description
|
|
|
|
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1. Part time work
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Part time work is work that
involves less than the weekly hours for the job.
|
|
|
|
|
2. Job sharing
|
Job sharing is an arrangement
whereby one job is shared between part-time staff members.
|
|
|
|
|
3. Part time leave without pay
|
Part-time leave without pay
allows staff members currently working fulltime to work part-time, with leave
without pay for the balance of fulltime hours.
|
|
|
|
|
4. Career break scheme
|
This scheme is available for
purposes such as extending parental leave, study, travel, personal and
professional development, alternative employment and voluntary work.
|
|
|
|
|
5. Part year employment
|
This option allows staff members
to take a number of weeks unpaid leave in addition to their annual
entitlement to recreation leave. Salary is paid for weeks worked, and for
recreation leave accrued, and the remaining weeks are unpaid.
|
|
|
|
|
6. Variable year employment
|
This option allows staff
members to take a period of unpaid leave after working for a pre-arranged
period of time. Salary is paid for the
time worked, and for recreation leave accrued, and the remaining time is
unpaid.
|
|
|
|
|
7. Working from home
|
This option allows staff
members to work at home for any or all of their usual hours of work, subject
to the signing of an individual agreement to do so.
|
The use of these options will be in accordance with the
relevant provisions outlined in the Public Employment Office document,
"Flexible Work Practices - Policy and Guidelines". However, the use of these options requires
agreement between the staff member, or potential staff member, and the relevant
General Manager or their delegate.
For the purposes of this Clause the provisions of clause 12,
Hours of Work, of this Award will apply, subject to the following exception:
By agreement between staff member(s) and their manager, the
ordinary hours of work may extend beyond the span of 7.30 am to 6.00 pm, Monday
to Friday.
The provisions of clause 7, Dispute Resolution are available
to resolve any disputes arising under the terms of this clause.
75. Secure Employment
(1) Objective of
this clause
The objective of this clause is for Landcom to take all
reasonable steps to provide its employees with secure employment by maximising
the number of permanent positions in Landcom’s workforce, in particular by
ensuring that casual employees have an opportunity to elect to become full-time
or part-time employees.
(2) Casual
Conversion
(a) A casual
employee engaged by Landcom on a regular and systematic basis for a sequence of
periods of employment under this Award during a calendar period of six months
shall 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) Landcom shall
give a casual employee notice in writing of the provision 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 Landcom fails to comply
with this notice requirement.
(c) Any casual
employee who has a right to elect under paragraph (2)(a), upon receiving notice
under paragraph (2)(b) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to Landcom 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,
Landcom shall consent to or refuse the election, but shall not unreasonably so
refuse. Where Landcom refuses an
election to convert, the reasons for doing so shall be fully stated and
discussed with the employee concerned, and a genuine attempt shall be made to
reach agreement. Any dispute about a refusal of an election to convert an
ongoing contract of employment shall 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 Landcom,
elect to convert his or her ongoing contract of employment to fulltime
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 Landcom.
(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 (2)(c), Landcom
and the employee shall, in accordance with this paragraph, and subject to
paragraph (2)(c), discuss and agree upon:
(i) Whether the
employee will convert to full-time or part-time employment; and
(ii) 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 Landcom
and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If
there is any dispute about the arrangement to apply to an employee converting
from casual employment to full-time or part-time employment, it shall 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.
76. Work Health and
Safety
(a) For the purpose
of this subclause, the following definitions shall apply:
(i) 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.
(ii) A "contact
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 specific 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) Landcom when
engaging a labour hire business and/or a contract business to perform work
wholly or partially on Landcom’s premises shall do the following (either
directly, or though the agency of the labour hire or contract business):
(i) Consult with
employees of the labour hire business and/or contract business regarding the
workplace work health and safety consultative arrangements;
(ii) Provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(iii) 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
(iv) 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 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.
Disputes Regarding the Application of this clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
77. Lactation Breaks
(a) 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.
(b) A fulltime
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.
(c) 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.
(d) A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member and their manager provided the total lactation break time entitlement is
not exceeded. When giving consideration
to any such requests for flexibility, a manager needs to balance the operation
requirements of the organisation with the lactating needs of the staff member.
(e) Landcom shall
provide access at the head office to a suitable, private space with comfortable
seating for the purpose of breastfeeding or expressing milk.
(f) Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and staff member
will take place to attempt to identify reasonable alternative arrangements for
the staff member's lactation needs.
(g) 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.
(h) 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
74, Flexible Work Practices, of this award, where applicable.
78. Monetary Rates
Table
|
Item
No.
|
Clause No.
|
Summary Description of Allowances
|
1 July 2021
|
1 July 2022
|
|
|
|
|
$
|
$
|
|
1
|
28
|
First Aid allowance:
|
Per Annum
|
Per Annum
|
|
|
|
|
|
|
|
|
|
(a) Holder of a current
First Aid Certificate
|
962
|
986
|
|
|
|
and designated First Aid Officer
|
|
|
|
|
|
|
|
|
|
|
|
(b) Holder of a Current
Occupational First Aid
|
1,449
|
1,486
|
|
|
|
Certificate and designated First Aid Officer
|
|
|
|
2
|
34(4)
|
On call allowance
|
1.03 per hour
|
1.06 per hour
|
|
3
|
73
|
Community Language Allowance
|
1497 per annum
|
1,535 per annum
|
|
4
|
29
|
Weekend and Public Holiday Allowance
|
Per annum
|
Per annum
|
|
|
|
|
$
|
$
|
|
|
|
Work on 3 of 4 weekends
|
14,647
|
15,018
|
|
|
|
Work on 2 of 4 weekends
|
9,764
|
10,011
|
APPENDIX A
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(2) Landcom must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) The employee or
employee’s spouse is pregnant; or
(b) The employee is
or has been immediately absent on parental leave.
The rights of Landcom in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request Landcom to allow the employee:
(i) To extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) To extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) To return from
a period of parental leave on a part-time basis until the child reaches school
age; to assist the employee in reconciling work and parental responsibilities.
(b) Landcom shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or Landcom’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee’s
request and Landcom’s decision to be in writing.
The employee’s request and Landcom’s decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to work
part-time
Where an employee wishes to make a request under 3(a)(iii),
such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which the employee is due to return to work from
parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, Landcom shall take reasonable
steps to:
(i) Make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) Provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform Landcom any significant matter that will
affect the employee’s decision regarding the duration of parental leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
(c) The employee
shall also notify Landcom of changes of address or other contact details which
might affect Landcom’s capacity to comply with paragraph (a).
APPENDIX B
SALARY SCHEDULE
|
Landcom Officer
Classification Officer
|
1 July 2021
|
1 July 2022
|
|
|
Per annum
|
Per annum
|
|
|
$
|
$
|
|
Level 1 Salary point 1
|
55,314
|
56,713
|
|
Level 1 Salary point 2
|
58,803
|
60,291
|
|
Level 1 Salary point 3
|
61,391
|
62,944
|
|
Level 1 Salary point 4
|
64,305
|
65,932
|
|
|
|
|
|
Level 2 Salary point 5
|
69,135
|
70,884
|
|
Level 2 Salary point 6
|
71,789
|
73,605
|
|
Level 2 Salary point 7
|
75,113
|
77,013
|
|
|
|
|
|
Level 3 Salary point 8
|
78,875
|
80,871
|
|
Level 3 Salary point 9
|
82,216
|
84,296
|
|
Level 3 Salary point 10
|
86,316
|
88,500
|
|
|
|
|
|
Level 4 Salary point 11
|
91,301
|
93,611
|
|
Level 4 Salary point 12
|
94,956
|
97,358
|
|
Level 4 Salary point 13
|
100,753
|
103,302
|
|
|
|
|
|
Management
|
|
|
|
Level 5 Salary point 14
|
109,170
|
111,932
|
|
Level 5 Salary point 15
|
114,884
|
117,791
|
|
Level 5 Salary point 16
|
120,471
|
123,519
|
|
|
|
|
|
Level 6 Salary point 17
|
127,824
|
131,058
|
|
Level 6 Salary point 18
|
132,857
|
136,218
|
|
Level 6 Salary point 19
|
138,343
|
141,843
|
|
|
|
|
|
Level 7 Salary point 20
|
145,408
|
149,087
|
|
Level 7 Salary point 21
|
151,741
|
155,580
|
|
Level 7 Salary point 22
|
159,973
|
164,020
|
|
|
|
|
|
Senior Management
|
|
|
|
|
|
|
|
Level 8 Salary point 23
|
173,606
|
177,998
|
|
Level 8 Salary point 24
|
181,250
|
185,836
|
|
Level 8 Salary point 25
|
189,846
|
194,649
|
|
|
|
|
|
Level 9 Salary point 26
|
190,230
|
195,043
|
|
Level 9 Salary point 27
|
203,642
|
208,794
|
|
|
|
|
|
Level 10 Salary point 28
|
210,458
|
215,783
|
|
Level 10 Salary point 29
|
231,020
|
236,865
|
N. CONSTANT, Chief Commissioner
D. SLOAN, Commissioner
J. WEBSTER, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.