Roads and Maritime Services (Wages Staff) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 194725 of 2022)

 

 

VARIATION

 

1.        Insert after clause 40, Other Matters relating to Maternity, Adoption and Parental Leave, in the Arrangement, of the award published 20 March 2020 (387 I.G. 318), the following new clause title.

 

40A.    Domestic and Family Violence

 

2.        Delete subclause 5.1 of clause 5, No Extra Claims, and insert in lieu thereof the following:

 

5.1      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.

 

3.        Delete subclause 23.1 of clause 23, Rates of Pay, and insert in lieu thereof the following:

 

23.1    The rates of pay in this Award are set out in Table 1, Part B, of this Award. The pay rates outlined in Table 1, Part B, incorporate the following wage increases:

 

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

 

4.        Delete paragraph 24.1(a) of clause 24, Allowances, and insert in lieu thereof the following

 

(a)       Relevant work related allowances e.g. Sydney Harbour Bridge Allowances, have increased by 2.53% effective from the first full pay period on or after 1 July 2022.

 

5.        Insert after subclause 33.10 of clause 33. Annual Leave, the following new subclause:

 

33.11 Employees entitled to accrue up to five days/one week additional annual leave per annum in accordance with subclauses 33.10 (or equivalent under subclause 33.2) can cash out the monetary value of the additional leave once in any twelve month period.

 

6.        Insert after clause 40, Other Matters Relating to Maternity, Adoption and Parental Leave, the following new clause:

 

40A.  Domestic and Family Violence

 

40A.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.

 

40A.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.

 

40A.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.

 

40A.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

 

(ix)     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. Given the emergency context in which this leave may need to be accessed, employees may seek approval and provide evidence in accordance with clause 38.7.

 

40A.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.

 

40A.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 38.5 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 subclauses 38.4, 38.5 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.

 

40A.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:

 

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

 

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

 

(h)      a medical certificate.

 

7.        Delete subclause 45.5 of clause 45, Public Holidays, and insert in lieu thereof the following:

 

45.5    Public Holidays and picnic days are compensated based on the employee's ordinary hours of work on the day at the ordinary hourly rate. However, if a Public Holiday falls on a weekend, no additional payment is made unless the Employee is required to work on that day.

 

8.        Delete Part B, Pay Rates and Allowances, and insert in lieu thereof the following:

 

PART B

 

PAY RATES AND ALLOWANCES

 

MONETARY RATES

 

Table 1 - Rates of Pay, Non Trades (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1 July 2022 and inclusive of 2.53% increase
		$	$
1	Roadworker Grade 1	1155.30	1184.50
	Sydney Harbour Bridge Worker Grade 1
2	Roadworker Grade 2	1186.30	1216.30
	Sydney Harbour Bridge Worker Grade 2
3	Roadworker Grade 3	1217.40	1248.20
	Linemarker Grade 1
	Building Attendant
	Sydney Harbour Bridge Worker Grade 3
4	Bridge Worker Grade 4	1248.60	1280.20
	Technician’s Assistant Grade 1
	Works Assistant Grade 1
	Road Worker Grade 4
	Plant Operator Grade 1
	Roller Operator
	Tow Truck Attendant
	Linemarker Grade 2
	Storeperson Grade 1
	Sydney Harbour Bridge Worker Grade 4
5	Bridge Worker Grade 5	1280.00	1312.40
	Technician’s Assistant Grade 2
	Road Worker Grade 5
	Plant Operator Grade 2
	Truck Driver (MR General)
	Truck Driver (Stores)
	Linemarker Grade 3
	Storeperson Grade 2
	Rigger Grade 1
	Traffic Emergency Patroller
6	Technician’s Assistant Grade 3	1311.00	1344.20
	Works Assistant Grade 2
	Bituminous Spray Operator
	Plant Operator Grade 3
	Truck Driver (MR Gang Truck)
	Truck Driver (HR Truck - General)
	Water Cart Operator
	Snowplough Operator
	Rigger Grade 2
	Truck Mounted Attenuator (TMA) Operator
7	Works Assistant Grade 3	1342.60	1376.60
	Truck Driver (HR Gang Truck)
	Truck Driver (Semi Trailer)
	Rigger Grade 3
8	Rigger Grade 4	1373.60	1408.40
	Bitumen Spray Driver
	Finishing Grader Operator
	Truck Driver (Tow Truck)
	Barrier Transfer Operator
9	Truck Driver (Road Train)	1405.00	1440.50
	Team Leader (Rigger)
	Team Leader Grade 1
	Team Leader (Stores)
	Traffic Emergency Patroller (Team Leader)
10		1436.00	1472.30
11		1467.10	1504.20
12	Team Leader Grade 2	1498.50	1536.40
	Team Leader (Tow Trucks)
	Team Leader Barrier Transfer Operator

 

Table 2 - Rates of Pay, Trades (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1 July 2022 and inclusive of 2.53% increase
		$	$
1	Painter Grade 1	1257.80	1289.60
	Traffic Facilities Painter Grade 1
2	Plasterer Grade 1	1278.70	1311.10
3	Mechanical Trades Grade 1	1285.20	1317.70
	Fitter Grade 1
4	Painter Grade 2	1288.90	1321.50
5	Signwriter Grade 1	1295.20	1328.00
6	Metal Fabricator Grade 1	1298.20	1331.00
	Plumber Grade 1
7	Shipwright Grade 1	1309.50	1342.60
8	Painter Grade 3	1320.60	1354.00
	Traffic Facilities Painter Grade 2
9	Bridge Maintenance Welder Grade 1	1322.00	1355.40
	Construction Carpenter Grade 1
10	Electrician Grade 1	1350.00	1384.20
11	Painter Grade 4	1351.90	1386.10
	Traffic facilities Painter Grade 3
12	Mechanical Trades Grade 2	1354.30	1388.60
	Fitter Grade 2
13	Signwriter Grade 2	1359.80	1394.20
14	Metal Fabricator Grade 2	1363.20	1397.70
	Plumber Grade 2
15	Bridge Maintenance Welder Grade 2	1388.20	1423.30
	Construction Carpenter Grade 2
16	Signwriter Grade 3	1392.20	1427.40
17	Electrician Grade 2	1417.50	1453.40
18	Construction Carpenter Grade 3	1421.10	1457.10
19	Mechanical Trades Grade 3	1422.40	1458.40
	Fitter Grade 3
20	Plumber Grade 3	1428.20	1464.30
21		1467.10	1504.20
22	Electrician Grade 3	1484.60	1522.20
23		1490.00	1527.70
24	Plumber (Team Leader)	1498.50	1536.40
	Mechanical Trades Team Leader
	Fitter (Team Leader)
	Painter (Team Leader)
	Bridge Maintenance Welder (Team Leader)
	Metal Fabricator (Team Leader)
	Construction Carpenter (Team Leader)
	Shipwright (Team Leader)
	Signwriter (Team Leader)
	Traffic Facilities Painter (Team Leader)
25	Electrician (Team Leader)	1552.10	1591.40

 

Table 3 - Rates of Pay, Broken Hill Workshop Employees Only

 

Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1 July 2022 and inclusive of 2.53% increase
	$	$
Tradesperson
Plant Mechanic	1387.50	1422.60
Boilermaker	1387.50	1422.60
Carpenter	1387.50	1422.60
Painter	1387.50	1422.60
Electrical Fitter	1412.30	1448.00
Plant Operator
Mobile Crane Operator	1248.20	1279.80
General
Storeman	1226.20	1257.20
Cleaner	1231.70	1262.90
Labour (Fitter/Plant Mechanic)	1203.30	1233.70
General Labour	1193.90	1224.10
Labourer (Testing Laboratory)	1193.90	1224.10
Labourer Junior Male (19/21 years)	1072.00	1099.10
Labourer Hammer & Drill	1218.00	1248.80
Labourer (Proline Borer or Benkleman Beam)	1239.10	1270.40
Apprentice - School Certificate
Year 1	736.30	754.90
Year 2	888.80	911.30
Year 3	1041.20	1067.50
Year 4	1193.90	1224.10
Apprentice -Higher School Certificate
Level
Year 1	888.80	911.30
Year 2	1041.20	1067.50
Year 3	1193.90	1224.10
Year 4	1346.10	1380.20

 

Table 4 - Rates of Pay, Apprentices (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1 July 2022 and inclusive of 2.53% increase
		$	$
1	Apprentice 1st Year	563.10	577.30
	Painter/Decorator
	Signwriter
2	Apprentice 1st Year	572.90	587.40
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
3	Apprentice 1st Year	580.30	595.00
	Bricklayer
	Civil Construction
4	Apprentice 1st Year	590.80	605.70
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
5	Apprentice 1st Year	615.20	630.80
	Carpenter/Joiner
	Shipwright
6	Apprentice 1st Year	627.90	643.80
	Bridge & Wharf Carpenter
7	Apprentice 2nd Year	729.80	748.30
	Painter/Decorator
	Signwriter
8	Apprentice 2nd Year	739.50	758.20
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
9	Apprentice 2nd Year	746.70	765.60
	Bricklayer
	Civil Construction
10	Apprentice 2nd Year	757.20	776.40
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
11	Apprentice 2nd Year	782.10	801.90
	Carpenter/Joiner
	Shipwright
12	Apprentice 2nd Year	794.60	814.70
	Bridge & Wharf Carpenter
13	Apprentice 3rd Year	926.30	949.70
	Painter/Decorator
	Signwriter
14	Apprentice 3rd Year	936.20	959.90
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
15	Apprentice 3rd Year	943.00	966.90
	Bricklayer
	Civil Construction
16	Apprentice 3rd Year	953.90	978.00
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
17	Apprentice 3rd Year	977.90	1002.60
	Carpenter/Joiner
	Shipwright
18	Apprentice 3rd Year	990.50	1015.60
	Bridge & Wharf Carpenter
19	Apprentice 4th Year	1062.40	1089.30
	Painter/Decorator
	Signwriter
20	Apprentice 4th Year	1072.40	1099.50
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
21	Apprentice 4th Year	1079.50	1106.80
	Bricklayer
	Civil Construction
22	Apprentice 4th Year	1090.60	1118.20
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
23	Apprentice 4th Year	1114.80	1143.00
	Carpenter/Joiner
	Shipwright
24	Apprentice 4th Year	1126.70	1155.20
	Bridge & Wharf Carpenter

 

Table 5 - Other Rates and Allowances (not applicable for Broken Hill Workshop Employees)

 

^	To be updated in accordance with the CE Wages Staff (Rates of Pay) Award
*	To be updated in accordance with the NSW Treasury Circulars
~	To be updated in accordance with clause 23.2 of the CE (Skilled Trades) Award
Clause	Description	Current Rates	Rates effective from the first full pay period on or after 1 July 2022 and inclusive of 2.53% increase
		$	$
Other Rates
24.1	Sydney Harbour Bridge Allowance	229.70	235.51
	Sydney Harbour Bridge Maintenance Staff
Allowances
24.5	Lead Paint Removal Allowance (per hour)	2.7218	2.79
24.6	Asbestos Materials Tradespersons	1.1192	1.15
24.7	Asbestos Eradication Tradespersons	3.0122	3.09
24.3	Asphalt Plant Repairs Tradespersons	1.1192	1.15
24.8	Long/Wide Loads Allowance Transport Workers
	2.90m wide or 18.29m long or 4.30m high	2.85	2.92
	minimum payment	11.40	11.69
	3.36m wide or 21.34m long or 4.58m high	5.31	5.44
	minimum payment	21.30	21.84
20.13 &	Meal Allowance
20.14
(a)	First meal	16.55	17.00^
(b)	Subsequent meal	14.20	14.60^
27.2(b)	Fares
	per week	12.00	12.50
	per day	2.40	2.50
27.3	Travelling Allowance
	3 but not more than 10 km	4.20	4.40
	More than 10 but not more than 20km	8.30	8.70
	More than 20 km but not more than 30km	12.40	12.90
	More than 30km but not more than 40km	16.50	17.20
	More than 40km but not more than 50km	20.70	21.60
	More than 50km but not more than 60km	24.80	25.90
	More than 60km but not more than 70km	29.00	30.30
	More than 70km but not more than 80km	33.00	34.50
	More than 80kms but more than 90km	37.20	38.80
	More than 90km but not more than 100km	41.30	43.10
29	Distant Work
	Board & Lodging	840.55	*
	Broken parts of week where camp not provided	120.08	*
	Breakfast	25.75	*
	Lunch	29.35	*
	Dinner	50.65	*
	Incidentals	8.00	*
	Private Vehicle over 2700cc	0.288	*
	Private Vehicle 1600cc - 2700cc	0.288	*
	Private Vehicle under 1600cc	0.288	*
Other Conditions
24.4	First Aid Allowance	4.00	4.10
31.1(c)	Insuring Tools Reimbursement for Loss	1984.85	2049.00 ~

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

 

 

 

N. CONSTANT, Chief Commissioner

 

 

 

____________________

 

 

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