Roads and Maritime Services (Traffic Signals Staff) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 194666 of 2022)

 

 

VARIATION

 

1.        Delete Clause 2, Arrangement, of the award published 20 March 2020 (387 I.G. 271), and insert in lieu thereof the following:

 

2.  Arrangement

 

Clause No.        Subject Matter

 

PART A

 

SECTION ONE - APPLICATION AND OPERATION

 

1.        Title

2.        Arrangement

3.        Definitions

4.        Purpose of this Award

5.        Area, Incidence and Duration

6.        No Extra Claims

7.        Grievance Resolution

8.        Dispute Settlement Procedure

9.        Consultation

10.      Anti-Discrimination

 

SECTION TWO - TERMS OF EMPLOYMENT AND RELATED MATTERS

 

11.      Employment Categories

 

SECTION THREE - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED MATTERS

 

12.      Working Hours

13.      Shift Work

14.      Overtime

 

SECTION FOUR - WAGES, ALLOWANCES AND RELATED MATTERS

 

15.      Compensatory Travel Leave and Payments

16.      Salaries

17.      Minimum and Maximum Payments

18.      Incremental Progression

19.      Higher Duties Relief

20.      Salary and Grade Appeals

21.      Allowances and Expenses

22.      Provision of Tools

 

SECTION FIVE - LEAVE AND PUBLIC HOLIDAYS

 

23.      Public Holidays

24.      Recreation Leave

25.      Long Service Leave

26.      Sick Leave

27.      Family and Community Service Leave

28.      Parental Leave

29.      Domestic and Family Violence

30.      Study and Examination Leave

31.      Military Leave

32.      Special Leave

33.      Leave Without Pay

 

SECTION SIX - OTHER CONDITIONS

 

34.      Deduction of Union Membership Fees

35.      Contracting Out

36.      Local Arrangements

 

PART B

 

Table 1 - Salaries

Table 2 - Allowances and Expenses

 

APPENDIX A - Workplace Reform

APPENDIX B - Glossary of Terms

APPENDIX C - Grievance Management Procedure

 

2.        Delete subclause 5.4 of clause 5, No Extra Claims, and insert in lieu thereof the following:

 

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

 

(a)       salaries will increase by 2.5% from the first pay period commencing on or after 1 July 2019;

 

(b)      salaries will increase by 2.5% from the first pay period commencing on or after 1 July 2020;

 

(c)       salaries will increase by 2.04% from the first pay period commencing on or after 1 July 2021;

 

(d)      salaries will increase by 2.53% from the first pay period commencing on or after 1 July 2022;

 

(e)       allowance items in part B table 2 will be increased in accordance with variations made via Treasury Circulars and Schedule B amended as required.

 

3.        Delete subclause 6.1 of clause 6, No Extra Claims, and insert in lieu thereof the following:

 

6.1      Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the Award that take effect prior to 30 June  2023 by a party to this Award.

 

4.        Delete Clause 12, Working Hours, and insert in lieu thereof:

 

12.  Working Hours

 

12.1    A normal working week for workers other than continuous shift workers will consist of 38 hours worked as follows:

 

(a)       a 20 day, 4 week cycle, with 19 working days of 8 hours each, and 0.4 hours per day accrues as an entitlement to take the fourth Monday in each work cycle as a Paid Accrued Day Off ("ADO"); or

 

(b)      a 10 day, 2 week cycle with 9 working days of 8 hours 27 minutes each, and 0.89 hours per day accrues as an entitlement to take two days off per four weeks as a Paid Accrued Day Off (ADO) which must be taken to accommodate operational requirements.

 

12.2    A 4 day week may be implemented as an alternative to the work cycles in 12.1, if approved by management, subject to operational requirements, and if endorsed by the relevant local consultative group prior to implementation. The work cycle may be arranged as equal days of 9 hours 30 minutes each or another pattern that averages 38 hours worked per week, and will enable an entitlement to take four days off per four weeks as a Paid Accrued Day Off (ADO) which must be taken to accommodate operational requirements.

 

12.3    These hours to be worked Monday to Friday inclusive with working hours each day between 6.00am and 5.30pm.

 

12.4    The commencing times operating at the various RMS offices at the time of implementing this clause shall not be changed without consultation with staff.

 

12.5    Staff who attend RMS conferences, attend training organised by RMS or who sit for an examination on their ADO will have another day off in lieu.

 

12.6    Where the ADO falls on a public holiday, the next working day will be taken as the ADO.

 

12.7    By agreement with RMS an alternate day in the four week cycle may be taken as the ADO. The conditions of this Award will apply to the alternate nominated ADO.

 

12.8    Each day of paid, sick or recreation leave taken and any public holidays occurring during any cycle of four weeks is regarded as a day worked for accrual purposes.

 

12.9    Staff who are ill or incapacitated on their ADO are not entitled to paid sick leave on that day, nor is the staff member’s sick leave entitlement reduced.

 

12.10  Staff who have either:

 

(a)       not worked a complete four-week cycle, or

 

(b)      are regarded as not having worked a complete four-week cycle according to 12.1 above

 

receive pro rata entitlements on the ADO for each day (or fraction of day) worked, or regarded as having been worked. On termination of employment staff receive pro rata accrued entitlements on the ADO.

 

12.11  Staff may be required to work on their ADO for the following reasons:

 

(a)       to allow other staff to be employed productively to carry out maintenance outside of ordinary working hours

 

(b)      because of unforeseen delays to a particular project (or part)

 

(c)       emergency or other unforeseen circumstances on a project.

 

12.12  Staff may be required to work on a programmed ADO. If staff work on a programmed ADO they are:

 

(a)       given at least five (5) working days notice of the change

 

(b)      not paid penalty payments

 

(c)       permitted to take an alternate day off in the work cycle

 

12.13  Staff required to work on their ADO without the notice period outlined in subclause 12.11 and who are not provided with an alternate day off will be paid at Saturday overtime rates.

 

12.14  Staff on continuous shift work accrue 0.4 hours for each eight hour shift work to allow one complete shift to be taken off for every 20 shift cycle.

 

12.15  The conditions in 12.4 - 12.12 above also apply to continuous shift workers.

 

12.16  Staff on shift work shall have their 20 minute crib break, at the workplace rather than return to their headquarters for this purpose.

 

12.17  Changes to work cycles

 

(a)       If following the working of a particular work cycle for 12 months or more, RMS proposes to implement an alternative to the normal working week as set out in subclause 12.1 or return to the normal working week set out in subclause 12.1, RMS will engage in a consultation process in accordance with clause 8 (Dispute Settlement Procedure).

 

(b)      In addition to any obligation on the parties to consult as set out in clause 8 (Dispute Settlement Procedure), RMS will provide information to the affected Employees on the need for the change and the rationale for the proposed change based on business needs.

 

(c)       At any stage in the consultation process, either party may raise the issue as a grievance or a dispute in accordance with clause 8.1 (Dispute Settlement).

 

(d)      During this period of consultation regarding a proposed change in work cycle, or in the event a party notifies the other of a dispute concerning the proposed change, the status quo will remain unless recommended or ordered otherwise by the New South Wales Industrial Relations Commission. For this purpose "status quo" means the work cycle in place immediately prior to the proposed change.

 

(e)       Subclause 12.17 will not apply in circumstances where changes to a work cycle are required for a short term to respond to a fire, flood, storm or other emergency situation.

 

5.        Insert after subclause 24.6 of clause 24, Annual Leave, the following new subclause:

 

24.7    Employees entitled to accrue up to five days additional annual leave per annum in accordance with subclause 24.4 can cash out the monetary value of the additional leave once in any twelve month period.

 

6.        Delete clause 28. Maternity Leave, and insert in lieu thereof the following:

 

28.  Parental Leave

 

28.1    Definitions

 

For the purpose of this clause:

 

(a)       "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.

 

(b)      "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.

 

(c)       "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.

 

(d)      "Pre-term birth" means the birth of a live child prior to 36 weeks gestation.

 

(e)       "Full-term birth" means the birth of a live child at 37 weeks onwards.

 

28.2    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.

 

28.3    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 maternity leave or sick leave and negotiates their date of return to work with the Employer.

 

28.4    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

 

28.5    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.

 

28.6    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.

 

28.7    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

 

28.8    Special Adoption Leave

 

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, extended leave, flex leave or family and community service leave 

 

28.9    Subsequent Parental Leave - rate of pay

 

An Employee who commences a subsequent period of parental leave (associated with the birth, adoption, or altruistic surrogacy l for another child within 24 months of commencing an initial period of maternity, adoption or altruistic surrogacy 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.  

 

28.10  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, teleworking and job redesign. 

 

(b)      If such adjustments cannot reasonably be made, the Employee may elect, or the Employer may require the Employee to commence Maternity 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.

 

28.11  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

 

28.12  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)       Extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(ii)      return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the Employee in reconciling work and parental responsibilities.

 

(b)      The Employer shall consider all requests made under this clause 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.

 

28.13  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.

 

28.14  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.

 

7.        Delete clause 29. Adoption Leave, and insert in lieu thereof the following:

 

29.  Domestic and Family Violence

 

29.1    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.

 

29.2    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.

 

29.3    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 subclause (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 2.5 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 2.6, 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

 

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

 

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

 

29.4    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 [subject to further consideration by Government]. 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

 

(iv)     allow time for the employee to seek alternate or safe accommodation, and

 

(v)       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. Given the emergency context in which this leave may need to be accessed, employees may seek approval and provide evidence in accordance with clause 2.7.

 

29.5    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

 

(vi)     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 29.5(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.

 

29.6    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 29.5 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 29.4, 29.5 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.

 

29.7    When approving leave the Employer will need to be satisfied, on reasonable grounds, that Domestic and Family Violence has occurred and may require evidence presented in the form of:

 

(a)       an agreed document issued by either Police Force, a Court, a Domestic Violence Support Service or Lawyer; or

 

(b)      a provisional, interim or final Apprehended Violence Order (AVO), certificate of conviction or family law injunction; or

 

(c)       a medical certificate.

 

8.        Delete clause 30, Parental Leave and renumber existing clauses accordingly. 

 

9.        Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

Part B

 

MONETARY RATES

 

Table 1 - Salary Increases

 

Classification		Current annual salary	Rates inclusive of 2.53% ffppoa 1/7/2022
		($) pa	($) pa
Grade 4
	Year 1	73,669	75,533
	Year 2	76,559	78,496
	Year 3	79,567	81,580
Grade 5
	Year 1	82,304	84,386
	Year 2	84,960	87,109
	Year 3	86,494	88,682
Grade 6
	Year 1	88,393	90,629
	Year 2	91,074	93,378
	Year 3	94,057	96,437
Grade 7
	Year 1	96,231	98,666
	Year 2	99,721	102,244
	Year 3	101,657	104,229
Grade 8
	Year 1	105,590	108,261
	Year 2	109,872	112,652
	Year 3	113,305	116,172

 

Table 2 - Allowances and Expenses

 

* To be updated in accordance with the NSW Treasury Circulars

 

Clause	Description	Current Rates	From the first full pay period on or after 1 July 2022 Amount $
21.1	Meal on journeys that do not require Overnight accommodation
(a) & (c)	Meal allowance	35.25	35.25*
21.2 (a)	Meals on overtime Meal allowance	31.95	31.95*
21.5 (a)(ii)	Lodging and travelling allowances Breakfast Lunch Evening meal Incidentals	25.75 29.35 50.65 20.40	25.75* 29.35* 50.65* 20.40*

 

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

 

 

 

D. O'SULLIVAN Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.