Roads and Maritime Services Consolidated Salaried Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 194597 of 2022)

 

 

VARIATION

 

1.        Delete the arrangement of the award published 22 May 2020 and insert in lieu thereof the following.

 

Arrangement

 

PART A - CORE CONDITIONS

 

SECTION 1 - APPLICATION, OPERATION AND GENERAL PROVISIONS

 

Clause No.        Subject Matter

 

1.        Definitions

2.        Title

3.        Area, Incidence and Duration

4.        No Extra Claims

5.        Dispute Settlement Procedure

6.        Grievance Procedure

7.        Consultation and Significant Workplace Change         

8.        Trade Union Activities

9.        Work Environment

10.      Anti-Discrimination

11.      Diversity

12.      Negotiation of Next Award

 

SECTION 2 - TERMS OF EMPLOYMENT AND RELATED MATTERS

 

13.      Forms of Employment

14.      Probationary Period

15.      Secure Employment

16.      Notice of Termination of Employment

17.      Abandonment of Employment

 

SECTION 3 - SALARIES, ALLOWANCES AND RELATED MATTERS

 

18.      Classifications and Rates of Pay

19.      Higher Duties

20.      Travelling Compensation

21.      Allowances

 

SECTION 4 - LOCAL ARRANGEMENTS, HOURS OF WORK, OVERTIME, SHIFTWORK AND RELATED MATTERS

 

22.      Local Arrangements

23.      Hours of Work

24.      Shift Work

25.      Overtime

26.      Flexible Working Practices

 

SECTION 5 - LEAVE AND PUBLIC HOLIDAYS

 

27.      Annual Leave

28.      Sick Leave

29.      Carer’s Leave

30.      Family and Community Service Leave

31.      Parental Leave

32.      Breastfeeding Breaks

33.      Extended Leave

34.      Special Leave

35.      Examination and Study Leave

36.      Military Leave

37.      Purchased Leave

38.      Observance of Essential Religious and Cultural Obligations

39.      Leave for Matters Arising from Domestic and Family Violence

40.      Leave Without Pay

41.      Public Holidays

 

PART B - SPECIFIC PROVISIONS

 

SECTION 6 - SPECIFIC PROVISIONS FOR SALARIED EMPLOYEES

 

42.      Compliance Operations Inspectors (COIs) and Compliance Operations Managers      

43.      Hours of Work and Additional Conditions for Telephone Customer Service Centre Employees

44.      Hours of Work and Additional Conditions for Drives Help Desk Employees

45.      Hours of Work and Additional Conditions for Work Support Employees          

46.      Hours of Work for Traffic Supervisors

47.      Hours of Work and Additional Conditions for Senior Coordinator Customer & Network Operations, Customer & Network Operations Coordinator and Traffic Commanders

48.      Hours of Work and Additional Conditions for Shift Managers and Operations Coordinators in the RTOC

49.      Hours of Work and Additional Conditions for Sydney Harbour Bridge Control Room Employees

 

SECTION 7 - SPECIFIC PROVISIONS FOR PROFESSIONAL ENGINEERS

 

50.      Shift Work Definitions

51.      Call Out/Call Back

52.      Specialist Engineers

53.      Recognition of Professional Engineering Skills

54.      Professional Development

55.      Professional Engineer Development Program (PEDP)

56.      Knowledge Transfer

57.      Women in Engineering

58.      Consultation

59.      Part-Time Employment

60.      Hours for Full-Time Employees

61.      Minimum Rest Period When Working Overtime          

62.      Disturbance Allowance

63.      Leave Without Pay

 

SECTION 8 - SPECIFIC PROVISIONS FOR MARITIME EMPLOYEES

 

64.      Hours of Work

65.      Maritime Trainees Ordinary Hours of Work

66.      Additional Hours

67.      Overtime

68.      Fitness for Duty

69.      Allowances

70.      Conditions Applicable to Managers in Operations and Compliance Branch at Salary Levels Ma16a, Ma16aa Ma17a and Ma17aa.

71.      Conditions Applicable to Senior Boating Safety Officers (SBSOs), Boating Safety Officers (BSOs) and Boating Education Officers (BEOs)

72.      Conditions Applicable to Team Leaders Environmental Services (TLES) and Environmental Services Officers (ESOs).

73.      Conditions Applicable to the Payment of Annualised Salaries

74.      Competency Progression of Maritime Employees

75.      Change of Position

76.      Specific Provisions for Special Aquatic Events

77.      Professional Development for Maritime Employees

 

SCHEDULE A -  CLASSIFICATION STRUCTURE AND RATES OF PAY

 

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

 

PART 2 - Professional Engineers

Professional Engineers Level Descriptions

 

PART 3 - Maritime Employee Classifications

 

SCHEDULE B - ALLOWANCES AND EXPENSES

 

APPENDIX A

 

APPENDIX B

Grievance Management Procedure

 

2.        Delete clause 1, Definitions and insert in lieu thereof the following:

 

1.  Definitions

 

Accrued Day Off (ADO) means a day, not being a holiday, that an Employee has off duty arising from working additional hours over a roster cycle to accrue a day off.

 

Act means Transport Administration Act 1988 (NSW)

 

BSO - means a Boating Education Officer, Boating Safety Officer or Senior Boating Safety Officer in Maritime.

 

Cadet means a person completing a four year engineering degree course, or equivalent, at a recognised Australian University.

 

Call-out/Call-back means a call or direction to return to work to attend to an emergency or breakdown.

 

Casual means a person who is employed and paid by the hour with no guaranteed hours of work and whose employment terminates at the end of each engagement, as specified by subclause 13.5.

 

COI means a Compliance Operations Inspector (formerly Enforcement Operations Inspector (EOI) and Inspector Vehicle Regulator (IVR).

 

Continuous Shift Work means a pattern of work designed to cover the business operations with consecutive shifts of Employees throughout 24 hours per day, for a period of at least six consecutive days without interruption, except during breakdowns, meal breaks or owing to unavoidable causes beyond the Employers' control.

 

Crib break or a paid meal break means a break which is treated as time worked, where Employees remain available to carry out duties.

 

Day Worker means an Employee whose ordinary hours of work are set out in clause 23.

 

Dispute Settlement Procedure (DSP) means the procedure outlined in clause 5.

 

Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

 

Employee means a person employed as a member of the Transport Service in the RMS Group and covered by this Award.

 

Employee’s Representative means a person of the Employee’s choice, who may be a union official, appointed by the Employee to represent them, concerning matters at work.

 

Employer means the Secretary of the Department of Transport in accordance with s.68C(3) of the Act.

 

ESO means an Environmental Service Officer.

 

Extended Leave means long service leave as provided by clause 33.

 

FACSL means Family and Community Service Leave as provided by clause 30.

 

Family Member means:

 

(a)       a spouse of the Employee;

 

(b)       de facto spouse, who, who lives with the Employee as the Employee's partner on a bona fide domestic basis although not legally married to the Employee.

 

(c)       a child or adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild, or sibling of the Employee or of the spouse or de facto spouse of the Employee.

 

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

 

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

 

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

 

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

 

Family Responsibilities means, in relation to Family and Community Service Leave, the granting of such leave on compassionate grounds (such as the death or illness of a close family member) or, attending to unplanned or unforeseen family responsibilities (such as attending a child’s school for an emergency reason or emergency cancellations by child care providers).

 

Field Work means work which is not incidental to the Employee’s current role and is undertaken away from the Employee’s Headquarters.

 

Flexitime means a flexible system of arranging working hours that includes the ability for Employees to accrue and take flex leave in accordance with this Award.

 

Full-Time Employee means a person who is employed on a permanent or temporary basis to work the ordinary hours prescribed in subclause 23.2

 

General Provisions means those provisions referred to in Part A, Core Conditions, of this Award.

 

Graduate Engineer means a Professional Engineer who is participating in the Employer’s Entry Level Talent Program (or equivalent).

 

Headquarters means the centre to which an Employee’s position is attached for administrative purposes.

 

Hourly Rate means the rate payable for one hour worked calculated by dividing the weekly rate by 35 or 38 depending upon the ordinary hours applicable to each classification.

 

Hours of Work means the Ordinary Hours Employees are required to work.

 

IRC means Industrial Relations Commission of New South Wales.

 

Letter of appointment means the letter sent to Employees offering them employment in the RMS Group.

 

Leave Year means, for the calculation of annual leave loading, the year commencing on 1 December each year and ending on 30 November of the following year.

 

Local Holiday means a holiday which is declared as an additional public holiday for a specified part of the State under the Public Holidays Act 2010 (NSW). It does not include Local Event Days unless such days have been gazetted as a public holiday for the local area.

 

LWOP means Leave Without Pay.

 

Major Transport Disruption means a major transport incident such as a derailment or a motor vehicle accident resulting in significant delays to the travelling public.

 

Maritime Employees means those Employees assigned to positions within the structure of Maritime; excluding Transport Service senior executives and Transport Service senior managers as defined by section 68D of the Act.

 

MESO means Maritime Environmental Services Officer.

 

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

 

(iv)     no Employer owned vehicle is available; or

 

(v)       no hire car is available; or

 

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

 

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

 

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

 

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

 

On Call means a direction to be available outside ordinary hours to provide a response to an emergency/breakdown.

 

Ordinary rate of pay means the base rate Employees are paid on an hourly basis, according to their hours of work and their annual salary.

 

Overtime means time which Employees work outside their ordinary hours as per clause 25.

 

P and MA Act shall mean the Ports and Maritime Administration Act 1995 (NSW).

 

Part-Time Employee means a person employed in accordance with subclause 13.4 and who has hours of work that are less than those of full-time Employees.

 

Permanent residence means where an Employee lives.

 

Personal salary means, for Maritime Employees, any salary in excess of the value of the position as determined by the process of job evaluation or, for those Employees who moved from the Award system into the MSB Enterprise Agreement interpolated/altered rate which resulted from redeployment or transfer at the time of transition.

 

Professional Engineer means an Employee who holds an undergraduate degree in engineering (4 or 5 year course) from an Australian university or equivalent, as recognised by Engineers Australia. For the purposes of entitlement in this Award, excluding Schedule A, Part 2, Professional Engineer includes Cadet and Graduate Engineer.

 

Professional Engineering Duties means duties, any portion of which are required to be carried out by Employees who have qualifications as a Professional Engineer.

 

Regular Aquatic Event means an event that occurs on a regular basis and is included in the annual event calendar, for example Boxing Day, New Year's Eve and Australia Day.

 

RMS Group means the group of staff designated by the Secretary of the Department of Transport in accordance with the Act as being part of the RMS Group who are not part of any other Group of Staff. A Memorandum of Understanding dated 31 July 2019 between the Secretary of the Department of Transport and the Secretary of Unions NSW applies to any proposed changes to an employee’s designation as being part of the RMS Group throughout the life of this Award.  In the event of any dispute about the Memorandum of Understanding, clause 5, DSP applies.

 

Rostered Day Off (RDO) means the day that an Employee has off duty in accordance with the rostering arrangements in their area of operation.

 

Salaried Employee means those Employees employed in the Salaried Classifications in Schedule A, Part 1, of this Award. Unless specified otherwise, it includes Compliance Operations Inspectors.

 

Saturday means the period between 12 midnight Friday and 12 midnight Saturday.

 

Shift means a turn of duty during which work is performed.

 

Shift loading means a payment for working shifts other than day shift, as specified in subclause 24.3, to compensate for the inconvenience of hours worked.

 

Shift work means a pattern of work in which the ordinary hours may be performed outside standard hours, as per subclause 24.2.

 

Special Aquatic Event means a unique aquatic event that is not regularly included in the annual event calendar and occurs outside of the events currently supported by on-water Employees. For example, Sydney Harbour Fleet Review was deemed to be a Special Aquatic Event.

 

Specialist Engineer means a Professional Engineer who has additional qualifications or skills as determined by the process defined in Clause 52.

 

Specific Provisions means those provisions contained in Part B of this Award and which apply to the relevant specified classifications.

 

Sunday means the period between 12 midnight Saturday and 12 midnight Sunday.

 

Temporary Employee means an Employee employed for a specific period of time or project as prescribed in subclause 13.6.

 

Temporary work location means the place where Employees temporarily perform their ordinary work if required to work away from their headquarters.

 

Time Credit means the amount of time worked in a settlement period that exceeds the ordinary hours of work, under a flexitime arrangement.

 

TL ES means Team Leader Environmental Services.

 

Trainee means an Employee engaged under a recognised traineeship.

 

Traineeship means a structured training program, lasting up to 24 months that combines practical experience at work and training with a Registered Training Organisation (RTO).

 

Transport Service means the Transport Service of New South Wales established by the Transport Administration Act 1988 (NSW).

 

Union means an organisation of Employees registered under the Industrial Relations Act 1996 (NSW).

 

Weekly Rate means the calculation arrived at by dividing the annual salary by 52.17857.

 

3.        Delete subclauses 4.1 and 4.2 of clause 4, No Extra Claims, and insert in lieu thereof the following

 

4.  No Extra Claims

 

4.1      Until 30 June 2023, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the Employees covered by the Award by a party to this Award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those Employees will be instituted before the IRC, by a party to this Award. 

 

4.2      The date of subclause 0 does not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of Award provisions.

4.        Delete Step 1 in subclauses 5.3, and subclause 5.9 of clause 5, Dispute Settlement Procedure and insert in lieu thereof the following:

 

STEP 1:  Where a Dispute arises it shall be raised in the first instance in writing by the Employee(s) or their Union delegate directly with the Employer. The Employer shall provide a written response to the Employee(s) or their Union delegate concerning the dispute within 48 hours of receipt of the Dispute notification advising them of the action being taken. The status quo before the emergence of the dispute shall continue whilst the DSP is being followed. For this purpose, "status quo" means the work procedures and practices in place immediately prior to the change that gave rise to the dispute.

 

5.9      Safety Issues

 

Matters which are based on a reasonable concern by an Employee about an imminent risk to an Employee’s health or safety shall be excluded from the DSP. Where a matter is raised involving such an issue, the Employee shall agree to comply with a direction by the Employer to perform other available work which is safe and reasonable and within their skills and competence with no reduction in the rostered rate of pay of the Employee while the alternative work is being performed.

 

5.        Delete subclauses 6.3 and 6.4 of clause 6, Grievance Procedure, and insert in lieu thereof the following:

 

6.3      The RMS Group’s Grievance Management Procedure, as amended by the Employer from time to time, is to be followed when a grievance arises. The Procedure as at 20 August 2021 is at Appendix B of this Award.

 

6.4      While the Grievance Management Procedure is being followed, normal work is to continue.

 

6.        Delete clause 7, Consultation and Significant Workplace Change, and insert in lieu thereof the following:

 

7.  Consultation and Significant Workplace Change

 

7.1      There shall be effective means of consultation on matters of interest and concern, both formal and informal, at all levels of the organisation, between the parties to this Award and Employees.  This includes but is not limited to, monthly Peak Consultative Committee meetings unless varied by agreement.

 

7.2      The Employer is committed to consultation on workplace policies and such policies will continue to have effect until such time as the Employer amends, replaces or rescinds policy.

 

7.3      The Consultative Committee will also consider strategic workforce planning and implementation issues. Relevant information will be provided to the Unions to facilitate these discussions such as:

 

(a)       Divisional organisation structures;

 

(b)      Establishment details showing position by classification by Division, grade and location;

 

(c)       Available breakdown figures for full time, part time, casual and temporary employees, as well as numbers, usage and length of hire of contractors and labour hire.

 

(d)      Other relevant information concerning the Employer’s use of contractors, supplementary labour, and project work.

 

7.4      The Employer is committed to implementing change in accordance with the NSW Public Service Agency Change Management Guidelines to improve the process of assisting employees when impacted by reform.  When developing a plan for change, the Employer will address the impact on affected employees in accordance with the above Guidelines and clause 0.

 

7.5      Employer to Notify

 

(a)       Where the Employer intends to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Employer undertakes to notify the employees who may be affected by the proposed changes and the relevant Branch or State Secretary of the Union(s).

 

(b)      Without limiting the generality thereof, significant effects includes termination of employment, changes in the composition, operation or size of the workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or relocation or transfer of employees to other work or locations, the restructuring of jobs, changes to the working arrangements of Employees, changes to employment conditions (for example, due to legislative or regulatory change), the use of contractors to perform work normally performed by employees covered by this Award and the legal or operational structure of the business.

 

7.6      Employer to Consult

 

(a)       The Employer undertakes to discuss with the Employees affected and the Union(s) in good faith the introduction of any change referred to in subclause 0, the effects the changes are likely to have on Employees, measures to avert or mitigate any adverse effects of such changes on Employees and to give prompt consideration to matters raised by the Employees and/or the Union in relation to the changes.

 

(b)      The discussion shall commence as early as practicable and before the Employer has made a final decision to adopt and implement any changes referred to in subclause 7.5. For the purposes of such discussion, the Employer undertakes to provide in writing to the Employees concerned and the Union, appropriate relevant information about such changes including the nature of the proposed changes, what they are intended to achieve and the expected effects of the changes on Employees.

 

(c)       The Employees will be given an opportunity and sufficient time in which to provide input to the Employer and discuss the proposed change and any measures proposed to avoid or otherwise minimise any possible adverse impact on affected Employees.

 

(d)      The Employer will genuinely consider and respond in writing to any feedback provided by Employees and the Employer Representatives.

 

(e)       The Employer will consult with Employees and Employee representatives and other parties to this award prior to the introduction of any technological change that impacts on work arrangements of Employees.

 

(f)       Where, subject to the provisions of this Clause, the Employer makes a final decision to implement change in the workplace and the Union disagrees with that decision, subject to there being no stoppage of work as a result of the decision of the Employer, the Union may refer the matter in dispute to the NSW Industrial Relations Commission for conciliation and/or arbitration in accordance with the DSP in clause of this Award.

 

7.        Delete subclauses 8.1, 8.2, 8.5, and 8.6 of clause 8, Trade Union Activities, and insert in lieu thereof the following:

 

8.1      The Employer acknowledges that Union delegates represent and speak on behalf of members in the workplace and that their representation rights in relation to matters that pertain to the employment relationship are integral to the proper operation of the DSP contained at clause 5 of this Award.

 

8.2      The Employer acknowledges the requirements under section 210 of the Industrial Relations Act 1996 (NSW) in relation to the role of Union delegates.

 

8.5      Where a workplace meeting is called with the Employer, including meetings under the DSP, Union delegates that attend will be paid by the Employer any travel and/or accommodation costs necessarily and reasonably incurred.

 

8.6      Union delegates must give reasonable notice to the Employer of the requirement to attend a meeting arising as a result of the operation of the DSP. Unless not otherwise possible a Union delegate should not interrupt Employees who are undertaking their work duties.

 

8.        Delete paragraph (b) of subclause 9.1 and subclause 9.4 of clause 9, Work Environment, and insert in lieu thereof the following:

 

(b)      assisting to achieve the objectives of the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety consultative arrangements in the workplace; to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility to achieve these objectives;

 

9.4      Harassment-free Workplace - Harassment on the grounds of sex, race, marital or domestic status, physical or mental disability, sexuality, transgender identity, age or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977 (NSW). The Employer and Employees are required to refrain from, or be party to, any form of harassment in the workplace.

 

9.        Delete clause 10, Anti-Discrimination, and insert in lieu thereof the following:

 

10.  Anti-Discrimination

 

10.2    It is the intention of the Employer to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital or domestic status, disability, homosexuality, transgender identity, age and responsibilities as a carer and any other ground provided for in the Anti-Discrimination Act 1977 (NSW) or applicable Commonwealth anti-discrimination legislation.

 

10.2    It follows that in fulfilling their obligations under clause 5 DSP of 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.

 

10.3    Under the Anti- Discrimination Act 1977 (NSW), 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.

 

10.4    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 (NSW);

 

(d)      a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

10.5    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.

 

NOTES

 

10.5.1 Employers and Employees may also be subject to Commonwealth anti-discrimination legislation.

10.5.2 "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."

 

10.      Delete paragraph (c) of subclause 13.6 of clause 13, Forms of Employment, and insert in lieu thereof the following:

 

(c)       Subject to subclause (d) an engagement of a Temporary Employee may be for a fixed period of not more than 24 months, for a specific project, or for parental leave relief of not more than 24 months, on either a full-time or part-time basis.

 

11.      Delete subclauses 15.2, 15.3, 15.4, 15.5, and paragraph (e) of subclause 15.8 of clause 15, Secure Employment

 

15.2    Casual Conversion

 

(a)       A Casual Employee engaged by the Employer 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)      The Employer of such a Casual Employee shall give the Employee notice in writing of the provisions of this subclause within four weeks of the Employee having attained such period of six months. However, the Employee retains his or her right of election under this subclause if the Employer fails to comply with this notice requirement.

 

(c)       Any Casual Employee who has a right to elect under subclause 0, upon receiving notice under subclause 0 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the Employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the Employee, the Employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where the Employer 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 DSP.

 

(d)      Any Casual Employee who does not, within four weeks of receiving written notice from the Employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)       Once a Casual Employee has elected to become and been converted to a Full-Time Employee or a Part-Time Employee, the Employee may only revert to casual employment by written agreement with the Employer.

 

(f)       If a Casual Employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with subclause 0, the Employer and Employee shall, in accordance with this subclause, and subject to subclause 0, 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 the Employer and the Employee.

 

(g)      Following an agreement being reached pursuant to subclause 0, the Employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an Employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the DSP.

 

(h)      An Employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

15.3    Work Health and Safety

 

(a)       For the purposes 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 "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another Employer to provide a specified service or services or to produce a specific outcome or result for that other Employer which might otherwise have been carried out by that other Employer’s own Employees.

 

(b)      If the Employer engages a labour hire business and/or a contract business to perform work wholly or partially on the Employer’s premises the Employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(i)       consult with Employees of the labour hire business and/or contract business regarding the work health and safety consultative arrangements;

 

(ii)      provide Employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such Employees to perform their jobs safely;

 

(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 0 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 (NSW) or the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

 

15.4    Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the DSP of this Award.

 

15.5    This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (NSW) (or equivalent interstate legislation) and are deemed by the relevant State Training Agency to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

15.8    Contracting Out Work

 

(e)       DSP

 

Any issues or matters in dispute should be dealt with under the DSP in clause 5 of this Award.

 

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

 

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

 

(a)       salaries will increase by:

 

(i)       2.5% from the first pay period commencing on or after 1 July 2019;

 

2.5% from the first pay period commencing on or after 1 July 2020;

 

2.04% from the first pay period to commence on or after 1 July 2021;

 

(ii)      2.53% from the first pay period to commence on or after 1 July 2022.

 

(b)      allowance items 13, 19(a), 26 and 27 will be increased in accordance with sub-clause 0, rounded to the nearest dollar; allowance item 19(b) will be increased in accordance with sub-clause 18.6(a), rounded to the nearest cent.

 

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

 

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

 

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

 

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

 

13.      Insert after subclause 19.7 of clause 19, Higher Duties the following new subclause

 

19.8    The employer is committed to enabling and contributing to the professional development of employees.

 

14.      Delete subparagraph (o) of paragraph 21.3.1 and subparagraph (e) of subclause 21.12 of clause 21, Allowances, and insert in lieu thereof the following:

 

21.3.1

 

(o)      In the event of any dispute over the implementation of these changes the parties shall have recourse to the IRC under the DSP (5).

 

21.12

 

(e)       The disturbance allowance is payable under the arrangements set out in the On Call and Disturbance Allowance Procedure.

 

15.      Delete subparagraph (vii) of paragraph (b) of subclause 23.1 of clause 23, Hours of Work, and insert in lieu thereof the following:

 

(vii)    Shift Managers and Operations Coordinators in the RTOC (in which case the provisions of clause shall apply);

 

16.      Delete subparagraph (vii) of paragraph (b) of subclause 24.1 of clause 24, Shift Work and insert in lieu thereof the following:

 

(vii)    Shift Managers and Operations Coordinators in the RTOC (in which case the provisions of clause 48 shall apply.

 

17.      Delete subparagraph (v) of paragraph (b) of subclause 25.1 of clause 25, Overtime and insert in lieu thereof the following:

 

(v)      Shift Managers and Operations Coordinators in the RTOC (in which case the provisions of clause 48 shall apply).

 

18.      Delete clause 26, Flexible Working Practices, and insert in lieu thereof the following:

 

26.  Flexible Working Practices

 

26.1    The Employer recognises the importance of ensuring Employees maintain a work/life balance. Workplace flexibility underpins Employee performance and productivity and is a key contributor to the achievement of the Employers’ corporate objectives. It also contributes to the attraction and retention of people with valuable skills and assists the participation of diverse groups in the workforce.

 

26.2    Flexible work arrangements may be agreed between the Employer and the Employee. 

 

26.3    In addition to leave and flex-time/time in lieu (TIL) initiatives, examples of workplace flexibility initiatives that can be considered include:

 

(a)       Teleworking (including working from home or a specified Telecentre) Remote working (including working from home).

 

(b)      Changing from full-time to part-time employment on a temporary or permanent basis

 

(c)       Job-sharing

 

(d)      Phased retirement arrangements in accordance with published procedures

 

(e)       Varying hours of work including bandwidth and when work is performed. 

 

(f)       Other negotiated flexible working requests

 

26.4    The Employer supports a number of workplace flexibility initiatives and will grant an Employee’s request for flexible working options subject to the arrangements maintaining business efficiency and productivity. Where it is not possible to accommodate such a request:

 

(a)       the Employer is to provide the Employee within a reasonable time:

 

(i)       the reason(s) the request cannot be granted;

 

(ii)      any alternative arrangements the Employer can provide the Employee; and

 

(iii)     any other relevant information that will assist the Employee to understand the reasons the request has been rejected.

 

(b)      Should no alternative arrangements be provided, the Employee may apply to the delegated officer in accordance with relevant policies, procedures and guidelines, for review and a written response will be provided to the Employee

 

(c)       Should no agreement be reached following the steps outlined above, the Employee may choose to have the matter progressed under clause 5 DSP.

26.5    Consideration and approval of flexible working initiatives is in accordance with the relevant Policies, Procedures and Guidelines. 

 

26.6    Right to Disconnect

 

(a)       The Employer and their Employees will respect Employees time outside of normal hours of work, including periods of absence on approved leave. The Employer will not rely upon a failure to respond to communications outside of normal hours of work for disciplinary or performance management purposes.

 

(b)      Normal hours of work is hours:

 

(i)       outside of an Employee’s set standard hours in accordance with clause 23.2 (d)

 

(ii)      outside agreed flexible start and finish times for Employees working flexible hours, or 

 

(iii)     outside a shift worker’s rostered shifts.

 

(c)       However, the following are considered part of an Employee’s normal hours of work for the purposes of this clause and where it occurs under a relevant clause of this Award including:

 

(i)       during overtime; 

 

(ii)      during on call; or 

 

(iii)     notifying changes to rosters.

 

19.      Delete paragraphs (a) and (c) of subclause 27.1 of clause 27, Annual Leave and insert in lieu thereof the following:

 

(a)       This Clause applies to Salaried Employees and Professional Engineers, subject to the specific provisions applying to Shift Managers and Operations Coordinators in the RTOC (in which case the provisions of clause 48 shall apply).

 

(c)       Subject to this clause, annual leave is in accordance with the Annual Holidays Act 1944 (NSW), as in force from time to time.

 

20.      Delete paragraph (a) of subclauses 27.5 and 27.7 and subparagraph (iii) of subclause 27.7 of clause 27, Annual Leave, and insert in lieu thereof the following:

 

27.5    Additional Conditions applicable to Salaried Employees

 

(a)       The following Salaried Employees are entitled to accrue 5 additional days of annual leave per annum accruing daily if:

 

27.7    Conditions applicable to Maritime Employees

 

(a)       The following Maritime Employees are entitled to accrue 5 additional days of annual leave per annum accruing daily:

 

(iii)     Maritime Employees stationed indefinitely in a remote area of the State being the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 (NSW).

 

21.      Delete paragraph (a) of subclause 28.1 of clause 28, Sick Leave and insert in lieu thereof the following:

 

(a)       This Clause applies to Salaried Employees and Professional Engineers, subject to the specific provisions applying to Shift Managers and Operations Coordinators in the RTOC (in which case the provisions of clause 48 shall apply).

22.      Delete clause 31, Parental Leave, and insert in lieu thereof the following:

 

31.  Parental.  Leave

 

31.1    Definitions

 

For the purpose of this clause:

 

“Partner” includes a de facto spouse, former spouse or former de facto spouse. The Employee’s de facto spouse means a person who is the Employee’s husband, wife or same sex partner on a bona fide domestic basis, whether or not legally married to the Employee. For the avoidance of doubt, all the relationships identified in this definition apply regardless of the gender or sex of those in the relationship.

 

“Primary Responsibility” means the person who meets the child’s physical needs more than anyone else, including feeding, dressing, bathing and otherwise supervising the child. Only one person at a time can have primary responsibility for the child or children.

 

“Miscarriage” means a pregnancy that ceases prior to 20 weeks gestation or, where the number of weeks is unknown, the baby weighed less than 400g.

 

“Pre-term birth” means the birth of a live child prior to 36 weeks gestation.

 

“Full-term birth” means the birth of a live child at 37 weeks onwards.

 

31.2    Unpaid Parental Leave

 

Employees after 40 weeks continuous service are entitled to a combined total of 104 weeks unpaid parental leave on a shared basis with their Partner in relation to the birth, adoption or surrogacy birth of their child. Paid parental leave, annual leave and extended leave can be taken within the total period of unpaid parental leave but do not extend the 104 week unpaid parental leave period.

 

31.3    Paid Parental Leave

 

(a)       An employee who has, or will have completed not less than 40 weeks continuous service (at the time of the birth, adoption or surrogacy birth) is entitled to up to 14 weeks Paid Parental Leave, provided the employee has or will have Primary Responsibility for the care of their child (or children) at the time of birth, adoption or surrogacy birth.

 

(b)      Paid Parental Leave must be taken within 12 months from the date of birth, adoption or surrogacy birth, pregnant employees may commence leave up to 9 weeks prior to the date of birth.

 

(c)       Paid parental leave may be taken at full pay, half pay or as a lump sum.

 

(d)      Where the pregnancy ends, not in the birth of a living child, within 28 weeks of the expected date of birth, the Employee may elect to take paid or unpaid parental leave or sick leave and negotiates their date of return to work with the Employer.

 

31.4    Paid Other Parent Leave

 

An employee who has at least 40 weeks continuous service (at the time of the birth, adoption or surrogacy birth, irrespective of when the employee elects to take the paid leave under this clause) and who will not have Primary Responsibility for the care of their Child at the time of the birth, adoption or surrogacy birth, is entitled to:

 

(a)       Up to 2 weeks paid parental leave at the time of the birth, adoption or surrogacy birth when they do not have Primary Responsibility (which may be taken concurrently with the employee’s Partner); and

 

(b)      Up to 12 weeks additional paid parental leave within the first 12 months from the date of birth or adoption of the child provided that the Employee assumes Primary Responsibility for the care of the child during the 12 week period; and the employee’s Partner is not concurrently taking Primary Responsibility for the care of the child.

 

(c)       Paid other parent leave may be taken at full pay, half pay or as a lump sum

 

31.5    Simultaneous Unpaid Parental Leave

 

An unbroken period of up 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption or altruistic surrogacy, from the date of taking custody of the child. The request may only be refused on reasonable grounds. This period is inclusive of the 2 weeks paid other parent leave taken at the time of birth.

 

31.6    Special Pre-Term Parental Leave

 

(a)       Where an employee or the Partner of an employee gives birth to a pre-term child (prior to 37 weeks), the parent with Primary Responsibility, who has, or would have if not for the pre-term birth, completed 40 weeks continuous service at the expected due date, is entitled to paid special pre-term parental leave from the date of birth of the child up to the end of 36 weeks.

 

(b)      Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, paid parental leave of up to 14 weeks will apply to the parent with Primary Responsibility.

 

31.7    Miscarriage Leave

 

(a)       Where an employee or the Partner of an employee miscarries, an employee is entitled to five days paid special miscarriage leave on each occasion a pregnancy ceases by way of miscarriage up to 20 weeks’ gestation.

 

(b)      Special miscarriage leave will commence from the date the miscarriage occurs and is to be taken in one continuous block

 

31.8    Special Adoption Leave

 

(a)       An Employee is entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. As an alternative to special adoption leave an Employee can elect to charge the period of leave against annual leave, extended leave, flex leave or family and community service leave

 

31.9    Subsequent Parental Leave – rate of pay

 

An Employee who commences a subsequent period of parental leave (associated with the birth, adoption, or altruistic surrogacy) for another child within 24 months of commencing an initial period of parental leave will be paid:

 

(a)       at the rate (full-time or part-time) they were paid before commencing the initial leave if they have not returned to work; or

 

(b)      at a rate based on the hours worked before the initial leave was taken, where the Employee has returned to work and reduced their hours during the 24 month period; or

 

(c)       at a rate based on the hours worked prior to the subsequent period of leave where the Employee has not reduced their hours.

31.10  Alternate Duties

 

(a)       If, for any reason, a pregnant Employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child, the Secretary, should, in consultation with the Employee, take all reasonable measures to arrange for safer alternative duties. This may include but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, remote working and job redesign.

 

(b)      If such adjustments cannot reasonably be made, the Employee may elect, or the Employer may require the Employee to commence parental Leave, or to access any available leave, for as long as it is necessary to avoid exposure to that risk, as certified by a medical practitioner, or until the child is born, whichever is the earlier. 

 

31.11  Communication during Parental Leave

 

(a)       Where Employees are on parental leave and the Employer makes a definite decision to introduce significant change at the workplace, the Employer will take reasonable steps to:

 

(b)      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

 

(c)       provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position held before commencing parental leave.

 

(d)      Employees must take reasonable steps to inform the Employer about any significant matter that will affect the Employee’s decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis.

 

(e)       Employees must notify the Employer of changes of address or other contact details which might affect the Employers’ capacity to comply with the requirements of this clause.

 

31.12  Right to Request

 

(a)       An Employee who has taken parental leave in accordance with this clause may make a request to the Employer to:

 

(i)       take leave part-time over a period not exceeding two years, or partly full-time and partly part-time over a proportionate period of up to two years;

 

(ii)      extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months (on a full time basis);

 

(iii)     return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

(iv)     have part-time hours structured in a way to enable carer responsibilities to be fulfilled.

 

(v)       to assist the Employee in reconciling work and parental responsibilities.

 

(b)      The Employer shall consider a request under subclause 31.12(a)(ii) and (iii) above having regard to the Employee’s circumstances and, provided the request is genuinely based on the Employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Employer's business. Such grounds might include cost, lack of adequate replacement Employees, loss of efficiency and the impact on customer service.

 

31.3    Return to Work

 

(a)       An Employee has the right to their former position if they have taken paid or unpaid parental leave and they resume duty immediately after the approved leave or work on a part time basis,

 

(b)      If the position occupied by the Employee immediately prior to the taking of paid or unpaid parental leave has ceased to exist, but there are other positions available that the Employee is qualified for and is capable of performing, the Employee shall be appointed to a position for which they are qualified subject to availability.

 

(c)       The Employer shall not fail to re-engage a regular casual Employee (see section 53(2) of the Industrial Relations Act 1996 because:

 

(i)       the Employee or the spouse is pregnant, or

 

(ii)      the Employee is or has been immediately absent on parental

 

(iii)     Provided the rights of the Employer in relation to engagement or re-engagement of casual Employees are not affected, other than in accordance with this clause.

 

31.14  Evidence Requirements

 

Employees accessing leave under this clause are required to meet the evidence requirements set out in the applicable policy/procedure as varied from time to time.

 

23.      Delete clause 32, Breastfeeding Breaks, and insert in lieu thereof the following:

 

32.  Breastfeeding.  Breaks

 

32.1    A breastfeeding break is provided to breastfeeding mothers for the purposes of 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 in this Award.

 

32.2    A full time Employee or a part time Employee working more than 4 hours per day is entitled to a maximum of 2 paid breastfeeding breaks of up to 30 minutes each per day.

 

32.3    A part time Employee working 4 hours or less per day is entitled to only 1 paid breastfeeding break of up to 30 minutes on any day so worked.

 

32.4    A flexible approach to the timing and general management of breastfeeding breaks must be taken by the Employee and the Employer provided the total breastfeeding break time entitlement is not exceeded. When giving consideration to any such requests for flexibility, the Employer needs to balance the operational requirements of the organisation with the breastfeeding needs of the Employee.

 

32.5    The Employer will provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk. Other suitable facilities, such as refrigeration and a sink, will be provided where practicable.

 

32.6    Where it is not practicable to provide the appropriate space or facilities, discussions between the Employer and the Employee will take place to attempt to identify reasonable alternative arrangements for the Employee’s breastfeeding needs.

 

32.7    The Employer and Employee may be guided by the following considerations in determining the reasonableness and practicality of any proposed alternate arrangement:

 

(a)       whether the Employee is required to work at a site that is not operated or controlled by the Employer;

 

(b)      whether the Employee is regularly required to travel in the course of performing their duties;

 

(c)       whether the Employee performs field-based work where access to the facilities in subclause 0 are not available or cannot reasonably be made available; and

 

(d)      the effect that the arrangements will have on the Employee's breastfeeding needs.

 

32.8    Employees experiencing difficulties in effecting the transition from home-based breast feeding to the workplace will have reasonable telephone access to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association's Breastfeeding Helpline Service or the Public Health System. Access to the service:

 

(a)       shall be granted during paid time;

 

(b)      Is limited to a reasonable period of time (i.e. if the Employee requires extended periods of consultation, the Employee may utilise the provisions of subclause 32.9), and

 

(c)       must be at a time that is mutually convenient to both the Employee and the Employer.

 

32.9    Employees needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breast feeding and the transition to the workplace may utilise sick leave in accordance with clause (Sick Leave) of this Award, or TIL, or access the flexible working hours scheme provided in clause (Hours of Work) of this Award, where applicable.

 

24.      Delete paragraph (a) of subclause 33.1 General, of clause 33 Extended Leave, and insert in lieu thereof the following:

 

33.1    General

 

(a)       Subject to this clause, extended leave for Employees will accrue and be granted in accordance with section 68Q (2) of the Transport Administration Act 1988 (NSW), together with Schedule 1 of the Government Sector Employment Regulation 2014 as in force from time to time.

 

25.      Delete subparagraphs (a) to (c) subclause 34.1 of clause 34, Special Leave, and insert in lieu thereof the following:

 

34.1    Employees will be granted special leave where they make an application and meet the requirements specified in this clause. Payment for special leave is at the ordinary rate of pay, exclusive of allowances, penalty rates or overtime.

 

(a)       Jury Duty

 

(i)       An Employee shall, as soon as possible, notify the Employer of the details of any jury summons served on the Employee.

 

(ii)      An Employee who, during any period when required to be on duty, attends a court in answer to a jury summons will continue to be paid their ordinary rate of pay. This payment will be reimbursed to the Employer if upon return to duty after discharge from jury service, an Employee does not furnish to the Employer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendance by the Employee during any such period and the details of any payment or payments made to the Employee under the Jury Act 1977 (NSW)  in respect of any such period.

 

(iii)     An Employee must on receipt of any payment or payments made to the Employee under the Jury Act 1977 (NSW) in respect of the period of jury duty (except for out of pocket expenses) pay that amount to the Employer.

 

(b)      Witness at Court - Official Capacity - When an Employee is subpoenaed or called as a witness in an official capacity, the Employee shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the Employee in connection with the Employee's appearance at court as a witness in an official capacity shall be paid by the Employer.

(c)       Witness at Court - Crown Witness

 

(i)       An Employee who is subpoenaed or called as a witness by the Crown (Commonwealth or State) will be granted special leave for the time they attend Court, provided the Employee provides proof of allowable fees and out of pocket expenses associated with the court attendance when submitting their leave application. If the Employee chooses to retain the fees paid, leave such as LWOP, flex leave or annual leave must be taken.

 

(ii)      An Employee subpoenaed or called as a witness in a private capacity other than by the Crown (Commonwealth or State) is not eligible for special leave and must apply for other forms of leave such as LWOP, flex leave or annual leave.

 

(iii)     Employee who is subpoenaed or called as a witness in relation to matters relating to their exposure of Domestic and Family Violence are eligible to use available leave in accordance with clause 39.

 

26.      Delete clause 39, Leave for Matters Arising from Domestic and Family Violence, and insert in lieu thereof the following:

 

39.  Leave for Matters Arising from Domestic and Family Violence

 

39.1    General Principle

 

The Employer recognises that Employees may experience domestic and family violence, and that this may have a significant impact on an Employee’s health, safety and wellbeing, both at home and in the workplace. The Employer is committed to taking steps to prevent domestic and family violence and supporting Employees who experience domestic and family violence in a manner that takes into account the impacts of the trauma experienced by the Employee and those supporting them.

 

39.2    Definition of Domestic and Family Violence

 

(a)       For the purposes of this Award, domestic and family violence includes any behaviour, in an intimate, family or domestic relationship, which is violent, threatening, coercive or controlling, and which causes a person to live in fear. It is usually manifested as part of a pattern of controlling or coercive behaviour.

 

(b)      Domestic and family violence behaviours can include, but are not limited to:

 

(i)       physical and sexual violence

 

(ii)      verbal abuse and threats

 

(iii)     emotional and psychological abuse

 

(iv)     financial abuse

 

(v)       social isolation

 

(vi)     stalking

 

(vii)    intimidation

 

(viii)   technology facilitated abuse

 

(ix)     threats or actual harm to others, pets and/or property.

 

(c)       An intimate relationship includes people who are or have been in an intimate partnership whether that relationship involves or has involved a sexual relationship or not.

 

(d)      A family relationship includes people who are related to one another through blood, marriage, de facto partnerships, adoption and fostering relationships, and sibling or extended family and kinship relationships.

 

39.3    Principles of prevention and response

 

(a)       The Employer recognises that every Employee’s experience of domestic and family violence is unique. In providing support for, and minimising the risk to safety of, Employees experiencing domestic and family violence the Employer will:

 

(i)       subject to clause 39.3 (a)(ii), respect the agency of the Employee as the decision maker in relation to the nature of the support they require (as outlined in clause 0 or otherwise) and any associated communication about these supports;

 

(ii)      prioritise the safety of the Employee experiencing domestic and family violence, and other Employees, in the workplace;

 

(iii)     acknowledge that any actions taken by the Employer may impact Employees and their dependents safety at work and at home;

 

(iv)     recognise the Employee’s right to confidentiality, as outlined in clause 0, except in instances where the safety of Employees (including other employees not directly experiencing domestic or family violence) must be prioritised;

 

(v)       train identified Employees as contact officers to provide information and support to Employees experiencing domestic and family violence;

 

(vi)     provide Employees with training on domestic and family violence, with a specific focus on preventative steps and response in the workplace;

 

(vii)    ensure that Employees who are required to support Employees experiencing domestic and family violence are equipped to provide evidence based support, which acknowledges the impact of trauma, through the provision of training and other resources;

 

(viii)   clearly communicate to an Employee experiencing domestic and family violence any mandatory reporting obligations the Employer may have to comply with;

 

(ix)     acknowledge and take into account the Employee’s experience of domestic and family violence if an Employee’s attendance or performance at work is affected by domestic or family violence.

 

(b)      The Employer recognises that there will be Employees who use domestic and family violence. In line with the Employer’s position against domestic and family violence the Employer may:

 

(i)       support Employees to access evidence-based behaviour change supports approve any reasonable request for flexible work arrangements to facilitate the Employee seeking evidence-based behaviour change supports.

 

(ii)      The Employer may take disciplinary action against an Employee who has used domestic and family violence, up to and including termination of employment.

 

39.4    Leave

 

(a)       An Employee experiencing domestic or family violence will have access to 10 days paid Special Leave for domestic and family violence per calendar year to support the establishment of their safety and recovery. Temporary and part time employees are entitled to leave under this clause on a pro rata basis.

 

(b)      This leave will assist Employees to:

 

(i)       attending medical, counselling, case management, legal, police and other support services relating to their experience of domestic and family violence,

 

(ii)      organising alternative care or education arrangements for their children,

 

(iii)     attending court and other legal proceedings relating to their experience of domestic and family violence, allow time for the employee to seek alternate or safe accommodation, and

 

(iv)     other activities that will assist them to establish safety and recover from their experience of domestic and family violence.

 

(c)       This leave will be in addition to existing leave entitlements and can be accessed without the need to exhaust other existing leave entitlements first. This leave will be non-cumulative and may be taken as part-days, single days or consecutive days.

 

(d)      Given the emergency context in which this leave may need to be accessed, employees can proceed to take the leave and seek approval at a later date, as soon as practicable.

 

(e)       When assessing leave applications, the Employer needs to be satisfied, on reasonable grounds, that domestic and family violence has occurred, and may require evidence.

 

39.5    Workplace Domestic and Family Violence Support

 

(a)       To provide support to an Employee experiencing domestic and family violence, the Employer will approve any reasonable request from an Employee experiencing domestic and family violence for but not limited to:

 

(i)       changes to their span or pattern of hours and / or shift patterns;

 

(ii)      job redesign or changes to duties;

 

(iii)     relocation to suitable employment with the Employer;

 

(iv)     a change to their telephone number and/or email address to avoid harassing contact;

 

(v)       any other appropriate measure including those available under existing provisions for flexible work arrangements; and

 

(v)       increased security measures in their workplace including entry and egress.

 

(b)      Subject to the Employee being satisfied that safety has been established and the Employer also being satisfied, if an Employee has requested a reasonable change to their working arrangements in accordance with clause 39.5(a), an Employer will not then unreasonably refuse a request from an Employee to maintain change or remove these arrangements.

 

(c)       The Employer will assist an Employee experiencing domestic or family violence with access to support and referral services and/or other local resources.

 

39.6    Protecting the confidentiality of Employees experiencing domestic or family violence

 

(a)       The Employer recognises the importance of protecting the confidentiality of Employees experiencing domestic or family violence that a breach of confidentiality may pose a risk to the safety of the Employee and others.

 

(b)      To protect the confidentiality of an Employee experiencing domestic or family violence the Employer will:

(i)       adopt a ‘needs to know’ approach to any communications regarding the Employee’s experience;

 

(ii)      not store or include any information about the following matters on the Employee’s personnel file or payslip:

 

A.        the Employees experience of domestic or family violence

 

B.        special leave accessed for the purpose of domestic and family violence leave in accordance with this clause.

 

C.        support provided by the Employer (under clause 39.5 or otherwise).

 

(c)       Any information regarding an Employee’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under clauses 39.4, 39.5 or otherwise), can only be accessed by Executive Director People and Culture Business Partnering.

 

(d)      The Employee recognises that the Employer’s commitment to, and obligations regarding, confidentiality are subject to:

 

(i)       any steps that the Employer must to take to ensure the safety of all Employees

 

(ii)      any mandatory reporting requirements.

 

(e)       Where the Employer does need to disclose confidential information for the reasons outlined in subclause (d), the Employer will make every reasonable effort to inform the Employee of this disclosure before it is made, and support the employee to take practical steps to minimise an associated safety risks.

 

27.      Delete clause 47, Hours of Work and Additional Conditions for Manager Regional Operations, Regional Operations Officers and Traffic Commanders, and insert in lieu thereof the following:

 

47.  Hours.  of Work and Additional Conditions for Senior Coordinator Customer & Network Operations, Customer & Network Operations Coordinator and Traffic Commanders

 

Manager - Senior Coordinator Customer & Network Operations and Customer & Network Operations Coordinator

 

28.      Delete subclause 47.2, and 47.3 of clause 47, and insert in lieu thereof the following:

 

47.2    Incident Co-Ordination Allowance

 

(a)       The incident co-ordination allowance set out in item 26 of Schedule B - Allowances and Expenses will be paid to Employees in the positions of Senior Coordinator Customer & Network Operations and Customer & Network Operations Coordinator for all days the employee is required to be rostered on-call, excluding during periods of leave (other than sick leave, carer’s leave and family and community service leave of 2 consecutive days or less).

 

(b)      In addition, Employees in the positions of Senior Coordinator Customer & Network Operations and Customer & Network Operations Coordinator will be entitled to the payment of a disturbance allowance in accordance with subclause 47.3 in the event the Employee is contacted outside of normal working hours.

 

(c)       When in receipt of the incident co-ordination allowance and not in the workplace, the Employee:

 

(i)       is not required to remain at home, but must be able to be contacted immediately in the case of emergencies;

 

(ii)      must be able to respond to an emergency within a reasonable time or within the response time agreed with the Employer;

 

(iii)     must remain in a proper state of fitness to drive a motor vehicle and perform the required duties; and

 

(iv)     must be available to respond to a call unimpaired by the effects of alcohol or drugs.

 

47.3    Disturbance Allowance

 

(a)       Employees in the position of Senior Coordinator Customer & Network Operations and Customer & Network Operations Coordinator may be contacted when in receipt of the incident co-ordination allowance and outside of normal work hours to assist with or co-ordinate a response to an emergency and/or breakdown without being required to attend the emergency and/or breakdown. These Employees may be contacted to put into place emergency arrangements by contacting other Employees, persons or agencies to attend an incident or providing advice in response to an emergency situation.

 

(b)      The disturbance allowance is:

 

(i)       paid at a minimum of one hour of the ordinary hours rate; and

 

(ii)      not paid if the Employee’s salary exceeds the top step of USS Grade 11 or equivalent.

 

(c)       Where more than one telephone call is received or made within the hour, only one hourly payment is paid.  However, if the assistance provided by the Employee extends beyond one hour in duration, the Employee will be entitled to be paid overtime for the duration of the assistance provided.  Where the Employee is paid overtime, the Employee is not entitled to the disturbance allowance in respect of the same occasion.

 

(d)      The disturbance allowance is payable under the arrangements set out in the RMS Group On-Call and Disturbance Allowance Procedure.

 

(e)       Communications made when not in attendance at the workplace in regard to routine administrative matters are not considered a disturbance for the purposes of an emergency and does not warrant payment of a disturbance allowance.  Such matters may include:

 

(i)       Where an employee contacts the Employer regarding an inability to attend work on any particular day; or

 

(ii)      Where an employee is contacted to be advised of a business matter that does not require an immediate response.

 

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

 

48.  Hours.  of Work and Additional Conditions for Shift Managers and Operations Coordinators in the RTOC

 

30.      Delete in Schedule A - Classification Structure and Rates of Pay, in Parts 1, 2, 3, Tables and insert in thereof the following:

 

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

 

Table 1:  Salaried Employee Classifications (including Compliance Operations Inspectors)

 

Unified Salary Scale Grades	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1 July 21 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $
Grade 1	40,429	41,440	42,285	43,355
	44,343	45,452	46,379	47,552
	50,693	51,960	53,020	54,361
Grade 2	53,464	54,801	55,919	57,334
	55,890	57,287	58,456	59,935
	57,970	59,419	60,631	62,165
Grade 3	61,554	63,093	64,380	66,009
	64,437	66,048	67,395	69,100
	67,439	69,125	70,535	72,320
Grade 4	69,496	71,233	72,686	74,525
	72,222	74,028	75,538	77,449
	75,064	76,941	78,511	80,497
Grade 5	77,643	79,584	81,208	83,263
	80,153	82,157	83,833	85,954
	81,597	83,637	85,343	87,502
Grade 6	83,389	85,474	87,218	89,425
	85,920	88,068	89,865	92,139
	88,731	90,949	92,804	95,152
Grade 7	90,661	92,928	94,824	97,223
	93,861	96,208	98,171	100,655
	95,682	98,074	100,075	102,607
Grade 8	99,608	102,098	104,181	106,817
	103,652	106,243	108,410	111,153
	106,889	109,561	111,796	114,624
Grade 9	111,806	114,601	116,939	119,898
	115,017	117,892	120,297	123,341
	120,194	123,199	125,712	128,893
Grade 10	123,229	126,310	128,887	132,148
	128,088	131,290	133,968	137,357
	134,668	138,035	140,851	144,415
Grade 11	138,829	142,300	145,203	148,877
	144,871	148,493	151,522	155,356
	148,134	151,837	154,934	158,854
Grade 12	156,802	160,722	164,001	168,150
	161,380	165,415	168,789	173,059
	167,018	171,193	174,685	179,105
Grade 13	172,002	176,302	179,899	184,450
	176,459	180,870	184,560	189,229
	184,916	189,539	193,406	198,299

 

PART 2 - PROFESSIONAL ENGINEERS

 

Table 2 - Professional Engineers

 

Engineering Scale	Year	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1 July 2021 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $
Cadet Engineer Level 1	-	42,871	43,943	44,839	45,973
Cadet Engineer Level 2	-	45,347	46,481	47,429	48,629
Cadet Engineer Level 3	-	48,111	49,314	50,320	51,593
Cadet Engineer Level 4	-	51,150	52,429	53,499	54,853
Cadet Engineer Level 5	-	55,102	56,480	57,632	59,090
Cadet Engineer Level 6	-	55,669	57,061	58,225	59,698
GRAD Program	1	78,689	80,656	82,301	84,383
Engineer	2	81,233	83,264	84,963	87,113
	3	82,698	84,765	86,494	88,682
Engineer Level 1	1	91,887	94,184	96,105	98,536
	2	95,131	97,509	99,498	102,015
	3	96,975	99,399	101,427	103,993
	4	100,956	103,480	105,591	108,262
	5	105,048	107,674	109,871	112,651
	6	108,332	111,040	113,305	116,172
Engineer Level 2	1	113,314	116,147	118,516	121,514
	2	116,571	119,485	121,922	125,007
	3	121,817	124,862	127,409	130,632
Engineer Level 3	1	124,890	128,012	130,623	133,928
	2	129,816	133,061	135,775	139,210
	3	136,484	139,896	142,750	146,362
Engineer Level 4	1	140,704	144,222	147,164	150,887
	2	146,825	150,496	153,566	157,451
	3	150,130	153,883	157,022	160,995
Engineer Level 5	1	158,914	162,887	166,210	170,415
	2	163,557	167,646	171,066	175,394
	3	169,274	173,506	177,046	181,525
Engineer Level 6	1	174,326	178,684	182,329	186,942
	2	178,842	183,313	187,053	191,785
	3	187,412	192,097	196,016	200,975

 

Note: All salary rates in this table include 1.35% annual leave loading.

 

PART 3

 

MARITIME EMPLOYEE CLASSIFICATIONS

 

Table 3 - MARITIME EMPLOYEE CLASSIFICATIONS

 

Level	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1 July 2021 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $
1	51,143	52,422	53,491	54,844
2	55,965	57,364	58,534	60,015
3	64,978	66,602	67,961	69,680
4	68,041	69,742	71,165	72,965
5	73,159	74,988	76,518	78,454
6	76,612	78,527	80,129	82,156
7	82,362	84,421	86,143	88,322
8	86,244	88,400	90,203	92,485
9	92,716	95,034	96,973	99,426
10	97,090	99,517	101,547	104,116
11	104,376	106,985	109,167	111,929
12	109,294	112,026	114,311	117,203
13	117,491	120,428	122,885	125,994
14	123,017	126,092	128,664	131,919
15	132,240	135,546	138,311	141,810
16	138,465	141,927	144,822	148,486
17	148,833	152,554	155,666	159,604
5A	94,829	97,200	99,183	101,692
7A	104,035	106,636	108,811	111,564
7AA	101,005	103,530	105,642	108,315
9A	111,164	113,943	116,267	119,209
10A	118,763	121,732	124,215	127,358
10AA	119,066	122,043	124,533	127,684
11A	126,048	129,199	131,835	135,170
12A	130,965	134,239	136,977	140,443
13A	130,660	133,927	136,659	140,116
13B	137,630	141,071	143,949	147,591
14A	144,691	148,308	151,333	155,162
15A	153,910	157,758	160,976	165,049
15AA	154,710	158,578	161,813	165,907
16A	160,936	164,959	168,324	172,583
16AA	160,936	164,959	168,324	172,583
17A	165,174	169,303	172,757	177,128
17AA	171,302	175,585	179,167	183,700

 

*Applies to the following operational positions

 

31.      Delete Schedule B, Allowances and Expenses, and insert in lieu thereof the following:

 

SCHEDULE B - ALLOWANCES AND EXPENSES

 

Table 5

 

*	To be updated in accordance with the NSW Department of Premier and Cabinet Circular
~	To be updated in accordance with the Crown Employees (Transferred Employee Compensation) Award clauses 8.1.3, 10.1.3, 11, 12.1, 13.4
^	Adjusted annually on 1 July by CPI (all groups Sydney index) for the proceeding 1 April to 31 March period

 

Table 6:

 

Item No.	Clause No.	Description	From the first full pay period on or after 1 July 2019 Amount $		From the first full pay period on or after 1 July 2020 Amount $		From the first full pay period on or after 1 July 2021 Amount $			From the first full pay period on or after 1 July 2022 Amount $
1	21.2.1(b)	Meal Allowance while Travelling Capital Cities & High Cost Country Centres (refer to (5) below) Breakfast Lunch Evening Meal ‘Tier 2’ Country Centres & Elsewhere (refer to (5) below) Breakfast Lunch Evening Meal	Per meal   28.15 31.65 53.90   25.20 28.75 49.60		Per meal   28.70 32.30 55.05   25.75 29.35 50.65		Per meal   * * *   * * *
2	25.4	Meal Allowance on Overtime	Per meal		Per meal		Per meal
		Breakfast	31.25		31.95		*
		Lunch	31.25		31.95		*
		Evening Meal	31.25		31.95		*
3	21.3	Lodgings Location	Per Day	Per Hour	Per Day	Per Hour	Per Day	Per Hour
		Capital Cities	$	$	$	$	$	$
		Sydney	321.75	13.41	324.45	13.52	*	*
		Adelaide	290.75	12.11	293.45	12.23	*	*
		Brisbane	308.75	12.86	311.45	12.98	*	*
		Canberra	301.75	12.57	304.45	12.69	*	*
		Darwin	353.75	14.74	356.45	14.85	*	*
		Hobart	280.75	11.70	283.45	11.81	*		*
		Melbourne	306.75	12.78	309.45	12.89	*		*
		Perth	313.75	13.07	316.45	13.19	*		*
		High Cost Country Centres (NSW)
		Bathurst	268.75	11.20	271.45	11.31	*		*
		Broken Hill	272.75	11.36	280.45	11.69	*		*
		Gold Coast (QLD)	342.75	14.28	345.45	14.39	*		*
		Gosford	273.75	11.41	276.45	11.52	*		*
		Maitland	285.75	11.91	288.45	12.02	*		*
		Muswellbrook	276.75	11.53	284.45	11.85	*		*
		Newcastle	302.75	12.61	310.45	12.94	*		*
		Orange	288.75	12.03	291.45	12.14	*		*
		Queanbeyan	272.75	11.36	275.45	11.48	*		*
		Wagga Wagga	277.75	11.57	280.45	11.69	*		*
		Wollongong	288.75	12.03	291.45	12.14	*		*
		Port Macquarie	291.75	12.16	297.45	12.39	*		*
		‘Tier 2’ Country Centres (NSW)
		Dubbo	257.60	10.73	260.15	10.84	*		*
		Goulburn	257.60	10.73	260.15	10.84	*		*
		All other Country Centres (NSW)
		‘Elsewhere’	237.60	9.90	240.15	10.01	*		*
4	21.3	Incidentals allowance (all locations)	20.05 per day		20.40 per day		* per day
5	21.5.2(b)	Amount for incidentals deducted from actual / reasonable expenses	20.05 per week		20.40 per week		* per week
6	21.5.2(b)	Maximum allowance for Employee separated from dependent	254 per week		254 per week		* per week
7(a)	21.5.9(a)	(i) Allowance for removal of furniture- value of Furniture	7037.00		7037.00		~
7(b)		(ii) If value above amount in
		(i), Employees receive -	1126.00		1126.00		~
7(c)		(iii) If value below amount in
		(i), Employees receive -	563.00		563.00		~
7(d)		(iv) If not eligible, Employees shall receive -	281.00		281.00		~
8	21.5.4(c)	Max purchase price of home on which reimbursement of expenses is based	520000.00		520000.00		~
9	21.5.7(b)	Rental Subsidy - Max amount of allowance to offset increased accommodation costs	51		51		~
10(a)	21.5.8(a)	Parents to pay first	27 per week		27 per week		~ per week
10(b)		The Employer pays up to a maximum of	56 per week		56 per week		~ per week
11	21.6	Remote areas allowance (with dependants) Grade A Grade B Grade C Remote areas allowance (without dependants) Grade A Grade B Grade C	2,114 2,804 3,744   1,475 1,966 2,623		2,156 2,860 3,819   1,505 2,005 2,675		* * *   * * *
12(a) 12(b) 12(c)	21.7	Fares subsidy for climatic area - actual cost less or Maximum amount for Employee with spouse/dependents; or Maximum amount for Employee without spouse/Dependents	52.10 349.05 172.40		53.15 356.05 175.85		* * *
13	21.9	Sydney Harbour Bridge Allowance for Works Supervisors (100%)	9172 per annum		9401 per annum		9593 per annum			9836
14	21.5.9(g)	Maximum value of furniture and effects on which risk insurance is paid	38000		38000		~
15	21.8	First Aid - Holders of St John’s Ambulance Certificate or equivalent qualifications	$933 per annum		$936 per annum		* per annum
16	21.8	First Aid - Holders of current occupational first aid certification issued within the previous three years and in charge of a First Aid room in a workplace of 200 or more	$1401 per annum		$1405 per annum		* per annum
17	21.4.2(b) 21.5.10(c)	Use of Private Motor Vehicles on Official Business - Official Business Rate:	0.68 per km		0.72 per km		*
18	21.3.3(b) 21.4.2(b) 21.5.6(c) 21.7(e)	Use of Private Motor Vehicles on Official Business - Specified Journey Rate:	0.272 per km		0.288 per km		*
19(a)     19(b)	21.11 69.1	On call allowance (payable to RMS Salaried Employees other than Maritime Employees)   On call allowance (payable to Maritime Employees)	82 per day (Mon - Fri) 122 per day (Sat, Sun & P. Hol) 0.99 per hour		84 per day (Mon - Fri) 125 per day (Sat, Sun & P. Hol) 1.04 per hour		86 per day (Mon - Fri) 128 per day (Sat, Sun & P. Hol) 1.06 per hour			88   131   1.09
20	21.5.2(b)	Temporary accommodation beyond first 8 weeks: Actual and reasonable out of pocket expenses for board and lodging less the amount for incidentals	*		*		*
21	69.2	Assistance with Child Care fees per child (for Maritime Employees)	325.18 per annum		331.68 per annum		334.67 per annum			349.39
22	69.3	Assistance with gym fees based on proof of attendance (for Maritime Employees)	325.18 per annum		331.68 per annum		334.67 per annum			348.39
23	69.4	Superable skill allowance based on holding Master 5 Qualification to carry out duties on specific Environmental Services vessels	9203 per annum		9433 per annum		9625 per annum			9868
24	21.3.1(a)	Applies to RMS Employees required to camp out or make use of caravans or boats for overnight accommodation in the course of their duties, when motel/hotel accommodation is neither available nor appropriate.	44.15 per day		45.05 per day		* per day
25	21.10(a)	Uniform maintenance allowance - applies to designated RMS Salaried Employees other than Maritime Employees.	8 per week		8 per week		* per week
26	47.2	Incident co-ordination allowance - applies to Manager - Field Operations & Services and Field Traffic Managers.	40 (Mon - Fri) 60 per day Sat, Sun & P. Hol)		42 (Mon - Fri) 62 per day (Sat, Sun & P. Hol)		43 (Mon - Fri) 63 (Sat, Sun & P. Hol)			44   65
27	47.7	Incident management allowance - applies to Traffic Commanders (based on grade) and level of Employee	1002 per fortnight to 1087 per fortnight		1027 per fortnight to 1114 per fortnight		1048 per fortnight to 1137 per fortnight			1075   1166

 

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

 

APPENDIX B

 

Grievance Management Procedure

 

Procedure Number: CPr20045.1

 

Effective Date:  31 March 2021

 

Review Date: 31 March 2023

 

Who is this document for?

 

All TfNSW Group Award employees	YES
All RMS Group award employees	YES
Transport Service Senior Managers and Executives	YES
TfNSW Labour Hire, Consultants and Professional Service Contractors	Refer to 0 only
All Sydney Metro Group Award employees	YES
TfNSW Labour Hire, Consultants and Professional Service Contractors	Refer to 0 only

 

Purpose and Scope

 

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

 

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

 

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

 

Requirements

 

Identify a work-related concern

 

You may identify a work-related concern about:

 

• a general work-related matter, or
• the application of a policy or procedure.

 

All concerns you raise are managed confidentially (see 0).

 

Your work-related concern might be about:

 

• a manager’s decision, including for example, how they’ve allocated work
• a disagreement with another employee or manager about the way in which work is to be carried out or how a policy or procedure is interpreted

 

• an interpersonal disagreement between employees, or

 

• work-related concerns managed by other procedures (see 0).

 

Addressing a work-related concern

 

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

 

General work-related concern

 

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

 

The best way to do this is to:

 

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

 

·   politely and professionally explain the issue and your concerns

 

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

 

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

 

Concern about application of policy or procedure

 

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

 

To do this:

 

·   explain your concern to the decision maker

 

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

 

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

 

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

 

If you’re not satisfied with the outcome or the explanation you receive, you can consider lodging a grievance (see 0).

 

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

 

Action	for more information see…
setting realistic and achievable performance goals, standards and deadlines	Performance Development and Review Policy – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees, and Sydney Metro Group Award employees Performance Development and Review Procedure – for RMS Group award employees
appropriate and fair rostering and setting of working hours	Flexible, Standard and Other Work Hours Procedure
transferring a person to another work area or role for operational reasons	Transfer and Secondment Procedure for details on approvals and consultation requirements
deciding not to promote a person where a fair and transparent process has been followed	Recruitment Selection and Appointment Procedure – for TfNSW Group Award employees, Transport Service Senior Manager and Executive and Sydney Metro Group Award employees Recruitment and Vacancy Filling Procedure – for RMS Group award employees
telling a person about their underperformance or unsatisfactory performance in an honest, fair and constructive way	Underperformance and Unsatisfactory Performance Procedure
counselling a person about their unreasonable behaviour in an objective and confidential way	your People Partner
implementing organisational changes or restructures	your People Partner
taking disciplinary action, including suspension or terminating employment where appropriate or justified in the circumstances, and	Conduct and Discipline Handling Procedure
other reasonable management action

 

Concerns managed by other procedures

 

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

 

If the concern is about…	Use the…
Misconduct or discipline issues	Conduct and Discipline Handling Procedure
Discrimination, harassment or bullying	Bullying, Harassment and Discrimination Management Procedure
Unsatisfactory performance	Underperformance and Unsatisfactory Performance Procedure
An employee on probation	Onboarding and Probation Procedure
Drug or alcohol issues	TfNSW Drug and Alcohol Policy – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees and Sydney Metro Group Award employees WHS Drug and Alcohol Procedure – for RMS Group award employees
Fraud, corruption, maladministration or serious or substantial waste of resources	Corrupt Conduct and Maladministration Prevention Policy – for RMS Group award employees Fraud and Corruption Control Framework – for TfNSW Group Award employees, Transport Service Senior Manager and Executive employees and Sydney Metro Group Award employees
WHS or compensation	TfNSW Safety Management System – for TfNSW Group Award employees and Transport Service Senior Manager and Executive employees RMS Group Safety Management System – for RMS Group award employees Sydney Metro Health, Wellbeing and Safety Management System – for Sydney Metro Group Award employees

 

Lodge a grievance

 

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

 

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

 

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

 

a clear statement that you are lodging a formal grievance details of what the grievance is about, what happened and who else is involved your preferred outcome for a solution. The manager addressing the grievance can talk to Professional Standards or their People Partner for help and advice.

 

See 0 for information on confidentiality.

 

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

 

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

 

Discuss the grievance

 

Any meetings to discuss a grievance must be held privately and, where possible, away from the immediate work area. Managers and employees can have a support person (see 0) at meetings.

 

Meet the person lodging the grievance

 

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

 

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

 

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

 

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

 

• any witnesses.

 

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

 

• the issue should be dealt with under a different procedure and process (see 0), or

 

• the grievance is vexatious or trivial (see 0).

 

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

 

Meet the respondent (if any)

 

If the grievance is about another employee, they are the respondent to the grievance. The manager meets with the respondent as soon as practical to provide information on the details of the grievance, the issues involved and the name of the person who lodged the grievance, so the respondent can respond fully to the manager and provide any relevant information. The manager confirms with the respondent that the manager will discuss details of the grievance as part of meetings with any witnesses.

 

Meet with witnesses (if any)

 

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

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

 

Finalise the grievance process

 

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

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

 

Outcomes can include:

 

·         a solution is agreed, which may include:

 

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

 

·         giving or receiving an apology

 

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

 

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

 

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

 

·         taking other suitable action

 

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

 

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

 

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

 

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

 

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

 

Other information you should know

 

Appeals

 

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

 

Confidentiality

 

Managers are to treat work-related concerns raised with them by employees confidentially. Everyone involved in a grievance management process must maintain confidentiality and only discuss the matter with the manager, other employees involved in the management of the issue, support persons, Employee Assistance Program personnel, or immediate family members. Any breach of confidentiality may result in disciplinary action.

 

Documentation

 

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

 

In addition the manager must complete a Manager Grievance Report and forward it by email to Professional Standards at professionalstandards@rms.nsw.gov.au (see 0 and 0).

 

Victimisation

 

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

 

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

 

Vexatious and trivial grievances

 

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

 

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

 

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

 

Related Policy and other relevant/supporting documents

 

1.        Transport Grievance Management Policy

 

Definitions

 

Term	Definition
Grievance	A formal verbal or written request by an employee for a work-related concern to be addressed.
Respondent	The employee who is the subject of a grievance.
Support Person	An individual (including a Union representative) who can provide advice, guidance and support. The support person cannot act as an advocate, or argue for the employee, but they may give advice to the employee. They may also request a break if needed. The support person must not present a conflict of interest with the matter.

 

Tools

Process flowchart – key steps

Document control

Superseded documents

This Procedure replaces the following documents:

 

·   TfNSW Grievance Management Procedure CPr16001.3

·   RMS Grievance Management Procedure PN 247P07

Document history

 

Date & Procedure No.	Document owner	Approved by	Amendment notes
11 September 2020 CPr20045	Director, Industrial & Workforce Relations	Director, Industrial & Workforce Relations	New Procedure
31 March 2021 CPr20045.1	Director, Industrial and Workforce Relations	Chief People Officer	Update to confirm coverage to Sydney Metro

 

Feedback and help

 

Intranet:........ MyTransport Equip: .......... ‘MyTransport’ tile on your Transport Equip home page Phone: ......... Solutions Centre on 133 877 Email: ........... tfnswhr@transport.nsw.gov.au Do you have feedback to help improve the quality of this document, e.g. readability, accessibility, broken links, etc? Please email Corporatepolicy@transport.nsw.gov.au.

 

33.      This variation will take effect on and from 1 July 2022.

 

 

 

N. Constant, Chief Commissioner

D. Sloan, Commissioner

D. O'Sullivan, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.