Roads and Maritime Services School Crossing Supervisors Award
2019
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
AWARD
REPRINT
This reprint of the abovementioned award is published
by the authority of the Industrial Registrar under section 390 of the Industrial
Relations Act 1996, and under Rule 6.6 of the Industrial Relations
Commission Rules 2022.
I certify that the form of this reprint, incorporating
the variations set out in the schedule, is correct as at the latest date of
effect therein mentioned.
E. ROBINSON, Industrial Registrar.
Schedule of Variations Incorporated
|
Award/Variation
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Date
of Publication
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Effective
Date
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Industrial
Gazette Reference
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Serial
No.
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|
|
Volume
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Page No.
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C9286
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27/08/21
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1 July 2021
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390
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181
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C9592
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20/01/23
|
1 July 2022
|
393
|
1544
|
AWARD
Arrangement
1. Definitions
2. Area,
Incidence, Duration
3. Parties to
the Award
4. Duties
5. Appointment
and Probation
6. Hours of Duty
7. Payment of
Wages
8.
Superannuation
9. Minimum
Period of Engagement
10. Work
Location
11. Leave
12. Travelling
to a Temporary Work Location
13. Relocation
of School Crossing Supervisors
14. Termination
15. Training
16. Criminal
Record Checks
17. Safety
Clothing and Equipment
18.
Anti-Discrimination
19. Grievance
Resolution and Dispute Settlement
20. Union
Contributions
21. Secure
Employment
22. Code of
Conduct and Ethics
23. Local
Arrangements
24. No Extra
Claims
25. Rates of Pay
1. Definitions
Additional Hours - Time worked by permanent SCSs in excess of their contract hours and for which a loading in
lieu of annual leave is paid.
Casual - Casual SCSs are employed on an intermittent basis
to cater for special needs or to provide cover for intermittent periods of
absence.
Casual Loading - An additional rate added to the rate of pay
for casual SCSs to compensate for their ineligibility for paid leave and public
holidays.
Contract Hours - The standard weekly hours or daily hours
required to be worked by permanent SCSs. Contract hours for permanent SCSs are
the hours specified in their contract or letter of appointment.
Domestic Violence - means domestic violence as defined in
the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Extended Leave - A form of leave entitlement which recognises and rewards long service as provided by the
Extended leave provisions covered in section 68Q (2) of the Transport
Administration Act 1988 (NSW).
Headquarters - The centre to which SCSs are attached for
administrative purposes, or from which SCSs are required to operate on a long term basis.
Permanent SCS - A permanent SCS is a SCS who works a set
number of hours and days per week. RMS - means the Secretary of the Department
of Transport as head of the Transport Service.
(Note: This definition was varied following the commencement
of the Government Sector Employment Act 2013 (NSW) to reflect that the
Roads and Maritime Division of the Government Service of New South Wales
established under Chapter 1A of the Public Sector Employment and Management
Act 2002 (NSW) was abolished, staff moved to the Transport Service, and
that Employer functions are now exercised by the Secretary of the Department of
Transport as Head of the Transport Service. Notwithstanding that, in some
instances in this Award, references to "RMS" refer to the business of
the Roads and Maritime Services rather than to the Employer.)
"RMS Group" - means the group of staff designated
by the Secretary of the Department of Transport in accordance with the Transport
Administration Act 1988 (NSW) 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 MOU,
clause 19 Disputes Settlement Procedure applies.
SCS - School Crossing Supervisor
Temporary Work Location - The place from which permanent
SCSs temporarily perform official duty if they are required to work away from headquarters.
"Transport Service" means the Transport Service of
New South Wales established by the Transport Administration Act 1988
(NSW).
Union - Australian Workers' Union (AWU) and/or Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales (PSA).
Working Hours - The specified times that SCSs are required
to work as outlined in their letters of engagement.
2. Area, Incidence,
Duration
2.1 This Award will
be known as the Roads and Maritime Services - School Crossing Supervisors Award
2019.
2.2 The Award
applies to all SCSs employed as members of the Transport Service in the RMS
Group.
2.3 This Award
rescinds and replaces the Roads and Maritime Services - School Crossing
Supervisors) Award 2017 published 20 March 2020 (387 I.G. 379) all variations
thereof.
2.4 This Awards
comes into effect on 1 July 2019 and will remain in force until 30 June 2022.
3. Parties to the
Award
3.1 The parties to
this Award are:
the Secretary of the Department of Transport as head of
the Transport Service;
(a) the Australian
Worker's Union, New South Wales (AWU); and
(b) the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales (PSA).
4. Duties
4.1 SCSs are
responsible for the implementation of the School Crossing Supervisor Scheme at
designated school crossing sites.
4.2 In order to
achieve this, SCSs must:
(a) Place CHILDREN
CROSSING flags at each end of the crossing at the commencement of duties and
remove the flags at the completion of duties
(b) Be at their
designated crossing at the times specified by RMS;
(c) Comply with the
Safe Work Method Statement (SWMS) for the site at which they are working;
(d) Perform their
duties in accordance with training provided by RMS;
(e) Follow any
lawful directions given by RMS;
(f) Use only the
safety clothing and equipment provided by RMS.
5. Appointment and
Probation
5.1 SCSs must serve
a three-month probation period before their employment is confirmed.
5.2 SCSs cannot
commence duty until they have successfully completed both on-site and off-site
training and have met the criteria for the criminal record check as outlined in
clause 17.
5.3 The probation
period may be extended for a period up to six months in exceptional
circumstances. SCSs must be informed of the extension at least one week prior
to the date on which they will complete three months’ service.
6. Hours of Duty
6.1 Other than for
reasons outlined in subclause 6.5 below, permanent SCSs will be rostered to
work during the 41-week NSW school year.
6.2 The contract
hours for SCSs will not include four weeks of the school summer vacation period
in December/January each year. Any training held in January will be notified
and paid for as per clause 16, Training.
6.3 The contract
hours of duty for permanent SCSs are determined according to the operating
hours of the crossing at their designated site, including the setting up and
storage of equipment. The specific hours will be notified to permanent SCSs in
their letters of engagement.
6.4 Unless otherwise
agreed by the SCS, the contract hours of duty for permanent SCSs may be varied
on a permanent basis provided that three weeks’ notice is given (i.e. 15 weekdays, including school and public holidays).
This does not restrict RMS to direct SCSs to work different than their contract
hours on a temporary basis, e.g. to cover short-term
absences of other staff.
6.5 Subject to
clause 16, Training, permanent SCSs may, by agreement, work in
excess of their contract hours. The additional hours worked, up to 38
hours per week, will be paid at ordinary time plus a 1/12 loading in lieu of
additional annual leave (see clause 7.4 below).
6.6 Permanent or
casual SCSs who are directed to work in excess of 8
hours per day or 38 hours per week will be paid for the time worked at overtime
rates as time and a half for the first two hours and double time thereafter.
6.7 The hours of
duty for casual SCSs will fluctuate between engagements. Generally, casual SCSs
cannot be engaged for longer than the ordinary hours worked by permanent SCSs.
6.8 RMS may arrange
training to be conducted during the school holidays. Refer to clause 16,
Training.
6.9 RMS may require
SCSs to work reasonable overtime at overtime rates. An SCS may refuse to work
overtime in circumstances where the working of overtime would result in the SCS
staff working hours which are unreasonable. For the purposes of this paragraph
what is unreasonable or otherwise will be determined having regard to:
(a) any risk to the
SCSs health and safety;
(b) the SCSs
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by RMS regarding the working of overtime, and by the SCS of their
intention to refuse the working of overtime; or
(e) any other
relevant matter.
7. Payment of Wages
7.1 The hourly rate
of pay for SCSs will be calculated with reference to a base hourly rate of $N
per hour. The rates of pay are set out in the table in clause 26. Rates of Pay,
will be increased by
(a) 2.5% operative
from the first full pay period on or after 1 July 2019 and 1 July 2020, and
(b) 2.04% operative
from the first full pay period on or after 1 July 2021 and
(c) 2.53% operative
from the first full pay period on or after 1 July 2022.
7.2 The rate paid to
permanent SCSs will be averaged over a period of 48 weeks. The calculation takes into account the 41-week school year plus the
entitlement to four weeks’ annual leave as permanent Employees. Permanent SCSs
will continue to be paid for their contract hours during school holidays that
fall between the months of February and December. Permanent SCSs will not be
paid for the four weeks of the school summer vacation period in
December/January each year.
7.3 The hourly rate
paid to permanent SCSs will be calculated on the following basis:
Where ‘N’ is the base rate per hour and ‘P’ is the
actual hourly rate.
7.4 Additional
hours worked by permanent SCSs will be calculated on the following basis:
Where ‘N’ is the base rate per hour and ‘A’ is the
actual hourly rate.
This rate will also apply to all time spent training by
permanent SCSs outside their contract hours.
7.5 Casuals
are paid for actual time worked and all training but are otherwise not paid
during school holidays.
7.6 As casuals are
entitled to a loading in lieu of all forms of paid leave except for extended
leave, the hourly rate paid to casual SCSs will be calculated on the following
basis:
N
+ (N x 20%) = $C
Where ‘N’ is the base rate per hour and ‘C’ is the
actual hourly rate.
7.7 Wages will be
paid on a fortnightly basis into an account nominated by each SCS.
8. Superannuation
8.1 RMS will
contribute a proportion of each SCSs wage as determined by Commonwealth
superannuation legislation into a superannuation fund nominated by each SCS.
The superannuation proportion is 10.5% effective from 1 July 2022.
9. Minimum Period of
Engagement
9.1 The minimum period
of engagement for SCS (whether casual or permanent) shall be one hour.
9.2 SCSs who work
both morning and afternoon shift in any one day will be considered to have
worked two (2) periods of engagement for that day.
9.3 The period(s) of
engagement for permanent SCSs will be specified in their letter of appointment.
10. Work Location
10.1 Subject to
subclause 10.3 below, permanent SCSs will be appointed to a designated work
school crossing site to which they must report for duty.
10.2 Casual SCSs are
not assigned to a specific work location and may be offered work at locations
as required by RMS.
10.3 SCSs who have
their employment converted from casual to permanent through the operation of
clause 21, Secure Employment, may be assigned to a designated work school
crossing site and/or may be required to undertake their contract hours at
different locations. The different locations will be within a reasonable
boundary and will be agreed at the time of conversion. Such SCSs will not be
entitled to reimbursement for additional fares or time spent travelling to
these locations as per subclauses 13.1and 13.2.
10.4 SCSs who elect to
convert to permanent status by way of subclause 10.3 will be offered the choice
to transfer to permanent status as outlined at subclause 10.1, upon a SCSs
position falling vacant.
11. Leave
11.1 Calculation of
leave
(a) Unless
otherwise specified, permanent SCSs will be entitled to leave on a pro-rata
basis, calculated on their weekly contract hours.
(b) For the purpose
of taking leave, ‘day’ means the normal/contract hours of duty that SCSs would
have worked on that day. This does not include intermittent training carried
out during the school term.
11.2 Casuals
(a) Casuals receive
a loading in lieu of all forms of paid leave except long service leave.
(b) With the
exception of long service leave, casuals are not entitled to take paid leave.
11.3 Recreation Leave
(a) Permanent SCSs are
entitled to four (4) weeks’ recreation leave each year.
(b) The wages paid
to SCSs take into account the four-week entitlement
and SCSs are not entitled to take recreation leave during the school term.
(c) SCSs will have
a period of four weeks per year (in one or more blocks) where they will not be
required to attend work and/or training. Refer to clause 16, Training.
11.4 Annual Leave
Loading
The wages paid to SCSs incorporate a loading of 1.35%
per annum to account for their entitlement to annual leave loading based on
four weeks’ leave per year.
11.5 Public Holidays
(a) Permanent SCSs
will be paid for all gazetted state public holidays that occur on a day on
which they are normally rostered and for the hours that they would have worked.
(b) Public holidays
that occur during school holidays will be treated as normal work
days and no additional payment will be made.
(c) Permanent SCSs
will be entitled to observe local public holidays (half day or full day as
gazetted) where the school to which the crossing applies is observing that
local public holiday.
11.6 Sick Leave
(a) Permanent SCSs
are entitled to 12 sick days per year.
(b) For the purpose
of this clause, the sick leave year commences on 1 January. SCSs who commence
duty during the course of a calendar year will be
credited with a pro rata entitlement of 12 days per year.
(c) RMS may defer payment
of sick leave to SCSs who take sick leave during their first three months of
service until the SCS has completed three months of service
(d) SCSs re-employed
in the same year are entitled to the lesser of:
i a
maximum of 12 days sick leave, or
ii the sick leave
SCSs would have been entitled to had employment been continuous from the date
of first employment in that year.
(e) Previous
periods of employment are not taken into account for
sick leave purposes.
(f) All sick leave
not taken during the leave year accumulates and may be used as required for
genuine absences due to illness or incapacity.
(g) If SCSs are
unable to attend work due to illness or injury, they are to contact their
supervisor prior to the commencement of their shift and advise:
i that
they are unable to attend work, and
ii the nature of
their illness or incapacity, and
iii the estimated
period of absence.
(h) The granting of
paid sick leave shall be subject to the SCS providing evidence which indicates
the nature of illness or injury. If the
SCS is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick
leave dealt with confidentially by an alternate manager or the Human Resources
Section.
(i) If
a SCS is absent from duty for more than 2 consecutive working days because of
illness they must provide a medical certificate to RMS in respect of the
absence.
(j) If a SCS takes
sick leave in excess of 5 uncertified working days in
a calendar year the SCS concerned may be required to produce medical
certificates for any further sick leave absences for the remainder of that
calendar year.
(k) As a general
practice backdated medical certificates will not be accepted. However, if the
SCS concerned provides evidence of illness that only covers the latter part of
the absence, RMS may allow the granting of sick leave for the whole period if
satisfied that the reason for the absence was genuine.
(l) If the RMS is
concerned about the diagnosis described in the evidence of illness produced,
the RMS may, after discussion with the SCS refer the evidence provided and the
application for leave to an independent medical practitioner for advice.
i The type of leave granted to the SCS will be determined by
RMS based on the medical advice received.
ii If sick leave
is not granted, RMS will, as far as practicable, take into
account the wishes of the SCS when determining the type of leave
granted.
(m) RMS may direct
the SCS to participate in a return to work program if
they have been absent for a long period of sick leave.
(n) Nothing in this
subclause 11.6 removes the right of RMS to request medical certificates for
single day absences where required or from referring the SCS for an independent
medical assessment for other reasons as prescribed in RMS's sick leave policy.
(o) The reference in
this clause to evidence of illness shall apply, as appropriate:
i for
absences up to and including 5 working days evidence may be provided by a
registered doctor, dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or,
at RMS’s discretion, other forms of evidence that satisfy that the SCS had a
genuine illness including from another registered health services provider,
ii where the
absence exceeds five working days, and unless the health provider listed above
is also a registered medical practitioner, applications for any further sick
leave must be supported by evidence of illness from a registered medical
practitioner.
(p) SCSs who have
used all their accrued sick leave but are unable to return to work due to
illness or incapacity and have supporting medical certificates may take accrued
extended leave or leave without pay.
(q) SCSs who are
sick for a week or more whilst on extended leave and who have a supporting
medical certificate will be entitled to accrued sick leave for the period
covered by the medical certificate. The extended leave replaced by the sick
leave will be re-credited to the SCSs entitlement.
(r) Sick leave will
not be granted for extended leave taken prior to resignation or termination of
services.
11.7 Extended leave
11.7.1 Extended leave
entitlements
(a) Extended leave
for SCSs is set by the Transport Administration Act 1988 (NSW).
(b) SCSs who have
completed 10 years’ service recognised by RMS are entitled to the following
extended leave:
i 44
working days at full pay, or
ii 88 working
days at half pay, or
iii 22 working days
at double pay.
(c) For each
additional calendar year of service completed in excess of
10 years entitles SCSs to accrue 11 working days extended leave.
(d) From 1 January
2005, SCSs who have completed at least 7 years continuous service with RMS, or
as recognised in accordance with subclauses 11.7.1(f) and (g) below, are
entitled to access pro rata extended leave on the basis of
4.4 working days per completed year of service.
(e) Casual SCSs
with regular and consistent patterns of employment are entitled to Extended
Leave on the same basis as that applying to permanent SCSs, calculated on a pro
rata basis.
(f) All previous
full-time and part-time service SCSs have had with RMS, the former Roads and
Traffic Authority of New South Wales, Department of Main Roads, Department of
Motor Transport or the Traffic Authority are taken
into account as service towards Extended Leave for permanent SCSs.
(g) Service with
other NSW government bodies will also be recognised in accordance with the Government
Sector Employment Act 2013 (NSW) and Schedule 2 of the Government Sector
Employment Regulation 2014 (NSW).
(h) Nothing in
subclauses 11.7.1(f) or (g) above entitles SCSs to payment for previous service
recognised, where the accrual for that service has been taken as extended leave
in service or paid out on termination.
11.7.2 Effect of Approved
Leave Without Pay on Extended Leave Entitlements.
(a) To determine if
SCSs have completed the required 10 years of service:
i Any
period of approved leave taken without pay before 13 December 1963 counts as
service to determine whether or not SCSs have
completed 10 years of service.
ii Any period of
approved LWOP you have taken without pay after 13 December 1963 does not count
towards the 10 years of service.
(b) For SCSs who
have had 10 years’ service recognised by RMS, approved LWOP for the reasons
listed below counts as service for Extended Leave accrual:
i Military
service (e.g. Army, Navy or Air Force);
ii Major
interruptions to public transport;
iii Periods you
are on leave accepted as workers compensation.
(c) For SCSs who
have completed 10 years of recognised service, any period of approved leave
without pay not exceeding 6 months counts for the
purpose of calculating length of service.
11.7.3 Taking of Extended
Leave.
(a) Subject to RMS
approval, SCSs may take extended leave:
i At a time convenient to RMS;
ii For a minimum period of one hour, irrespective of whether it
is paid at full pay, half pay or double pay.
(b) Extended leave
may be taken at full pay, half pay or double pay.
(c) For extended
leave taken at double pay:
i SCSs
leave balance will be debited for the actual number of working days/hours of
leave at full pay plus the equivalent number of working days/hours at full pay
necessary to make up the additional payment;
ii the additional
payment is made as a taxed, non-superable allowance, with the
exception of payment to members of First State Super or another
complying fund of their choice for whom the additional payment is superable.
11.7.4 For extended leave
taken at half pay, SCSs leave balance will be debited at the rate of half the
days/hours taken as extended leave.
11.7.5 SCSs who take
extended leave in service, may choose to be paid fortnightly or in one lump sum
in advance of taking the leave.
11.7.6 Sick Leave while
on Extended Leave.
(a) SCSs are only
entitled to claim sick leave that occurs during an absence on extended leave when
sick for five or more consecutive working days. To claim sick leave, SCSs must
provide a medical certificate for the period claimed as soon as practicable.
(b) If sick leave
is approved, extended leave is re-credited with the equivalent period of sick
leave, if leave is taken on a full or half pay basis.
(c) If sick leave
is approved, extended leave is re-credited with the equivalent period of sick
leave and the extra amount of extended leave entitlement accessed to make up
the double pay allowance.
(d) The above
applies if extended leave is taken prior to retirement but not extended leave
taken prior to resignation or termination of services by RMS.
11.7.7 Public Holidays
while on Extended Leave.
(a) Public holidays
that fall while SCSs are absent on extended leave are not recognised as
extended leave and are not deducted from the extended leave balance.
(b) Payment for
public holidays is paid at single time even if SCSs have chosen to take
extended leave at half-pay or double pay.
11.7.8 Payment or
Transfer of Extended Leave on Termination
(a) If SCSs are
entitled to extended leave on termination of your employment, including
retirement, they will be paid the monetary value of the extended leave as a
gratuity, in lieu of your taking the leave.
(b) SCSs who have
at least five years’ service but less than seven years’ service are paid pro-
rata extended leave if their services are terminated:
i By
RMS for any reason other than serious and intentional misconduct;
ii By SCSs in
writing on account of illness, incapacity or domestic or other pressing
necessity or.
(c) SCSs who resign
to join another Government Department, and who ‘transfer’ as defined by the Government
Sector Employment Act 2013 (NSW) and Part 6 of the Government Sector
Employment Rules 2014 (NSW), are entitled to have their extended leave accrual
accepted by their new Employer.
11.8 Parental
leave
(a) Definitions
For the purpose of this clause:
i “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.
ii “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.
iii “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.
iv “Pre-term birth” means the birth of a
live child prior to 36 weeks gestation.
v “Full-term birth” means the birth of a
live child at 37 weeks onwards.
(b) 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.
(c) Paid Parental Leave
i 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.
ii 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.
iii Paid parental leave may be taken at full
pay, half pay or as a lump sum.
iv 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.
(d) Paid Other Parental 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:
i 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
ii 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.
iii Paid other parent leave may be taken at
full pay, half pay or as a lump sum.
(e) 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.
(f) Special Pre-Term Parental Leave
i 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.
ii 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.
(g) Miscarriage Leave
i 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.
ii Special miscarriage leave will commence
from the date the miscarriage occurs and is to be taken in one continuous
block.
(h) 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 annual leave, extended leave, flex leave or family and community
service leave.
(i) 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:
i at the rate (full-time or part-time)
they were paid before commencing the initial leave if they have not returned to
work; or
ii 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
iii at a rate based on the hours worked
prior to the subsequent period of leave where the Employee has not reduced
their hours.
(j) Alternate Duties
i 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.
ii 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.
(k) Communication during Parental Leave
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:
i make information available in relation
to any significant effect the change will have on the status or responsibility
level of the position the Employee held before commencing parental leave; and
ii provide an opportunity for the Employee
to discuss any significant effect the change will have on the status or
responsibility level of the position held before commencing parental leave.
iii 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.
iv 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.
(l) Right to Request
An Employee
who has taken paid or unpaid parental leave may make a request to the Employer
to:
i extend the period of unpaid maternity,
adoption or parental leave for a further continuous period of leave not
exceeding 12 months;
ii return from a period of maternity,
adoption or parental leave on a part-time basis until the child reaches school age;
(m) have part-time hours structured in a way to
enable carer responsibilities to be fulfilled.
(n) 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.
(o) Return to Work
i 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,
ii 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.
iii The Employer shall not fail to re-engage
a regular casual Employee (see section 53(2) of the Industrial Relations Act
1996 because:
A. the Employee or the spouse is pregnant,
or
B. the Employee is or has been immediately
absent on parental
C. 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.
(p) 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.
11.9 Family and community service leave
(a) RMS shall grant to an SCS some or all of their accrued family and community service leave on
full pay for reasons related to unplanned and emergency family responsibilities
or other emergencies outlined in subclause 11.9(b). RMS may also grant leave
for purposes as outlined in subclause 11.9(c). Non-emergency appointments or
duties shall be scheduled or performed outside normal working hours or through
approved use of other appropriate leave.
(b) Such unplanned and emergency situations
may include, but not be limited to, the following:
i Compassionate grounds, such as the
death or illness of a close member of the family or a member of the SCS’s household;
ii Emergency accommodation matters up to
one day, such as attendance at court as defendant in an eviction action,
arranging accommodation, or when required to remove furniture and effects;
iii Emergency or weather conditions;
such as when flood, fire, snow or disruption to utility services etc.,
threatens an SCS’s property and/or prevents a SCS from reporting for duty;
iv Attending to emergency or unplanned or
unforeseen family responsibilities, such as attending a child's school for an
emergency reason or emergency cancellations by child care
providers;
v Attendance at court by a SCS to answer
a charge for a criminal offence, only if RMS considers the granting of family
and community service leave to be appropriate in a particular case.
(c) Family and community service leave may
also be granted for:
i A SCS’s absence during normal working
hours to attend meetings, conferences or to perform other duties, for holding
office in Local Government, and whose duties necessitate absence during normal
working hours for these purposes, provided that the SCS does not hold a
position of Mayor of a Municipal Council, President of a Shire Council or
Chairperson of a County Council; and
ii A SCS’s attendance as a competitor in
major amateur sport (other than Olympic or Commonwealth Games) or if a SCS is
selected to represent Australia or the State.
(d) Family and community service leave shall
accrue as follows:
i in the first 12 months of service 2.5
days.
ii in the second year of service 2.5 days.
iii for each completed year of service after
2 years of service 1 day
(e) Where family and community service leave
has been exhausted, additional paid family and community service leave of up to
3 days may be granted on a discrete, ‘per occasion’ basis to a SCS to cover the
period necessary to arrange or attend the funeral of a family member or
relative.
(f) For the purposes of this subclause,
‘family’ means:
i spouse;
ii de facto spouse, being a person of the
opposite sex who lives in the same house as their husband or wife on a bona
fide basis, although they are not legally married;
iii child or adult child (including an
adopted child, step child, foster child or ex-nuptial
child);
iv parent (including a foster parent or
legal guardian);
v grandparent or grandchild;
vi sibling (including the sibling of a
spouse or de facto spouse);
vii same sex partner who they live with as a
de facto partner on a bona fide domestic basis; or
viii relative who is a member of the same
household where, for the purposes of this definition:
A. 'relative' means - a person related by
blood, marriage, affinity or Aboriginal kinship structures;
B. 'affinity' means - a relationship that one
spouse or partner has to the relatives of another; and
C. 'household' means - a family group
living in the same domestic dwelling.
(g) Subject to approval, accrued sick leave
may be accessed when family and community service leave has been exhausted, to
allow SCSs to provide short-term care or support for a family member who is
ill.
(h) Access to other forms of leave is
available to SCSs for reasons related to family responsibilities or community
service, subject to approval. These include:
i Leave without pay
ii Make up time
iii Depending on the circumstances, an
individual form of leave, or a combination of leave options may be taken. It is
RMS’s intention that each request for family and community service leave be
considered equitably and fairly.
(i) SCSs appointed to RMS who have had
immediate previous employment in the NSW Public Sector may transfer their
family and community service leave accruals from the previous Employer.
(j) Bereavement entitlements for casual
Employees
i Casual SCSs are entitled to not be
available to attend work, or to leave work upon the death of a person
prescribed in subclause 11.9(f) of this subclause.
ii RMS and the SCS shall agree on the
period for which the Employee will be entitled to not be available to attend
work. In the absence of agreement, the SCS is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per
occasion. The SCS is not entitled to any payment for the period of
non-attendance.
iii If required by RMS, the SCS must establish
the need to take leave, by production of evidence, such as a death certificate
or statutory declaration providing details of the circumstances of death.
iv RMS shall not fail to re-engage a casual
SCS because the Employee accessed the entitlements provided for in this
subclause. The rights of RMS to engage or not engage a casual SCS is otherwise
not affected.
(k) Personal Carers Entitlement for casual
Employees
i Casual SCSs are entitled to not be available
to attend work, or to leave work if they need to care for a person prescribed
in paragraph (f) of this subclause who are sick and require care and support,
or who require care due to an unexpected emergency, or
the birth of a child.
ii RMS and the SCS shall agree on the
period for which the SCS will be entitled to not be available to attend work.
In the absence of agreement, the Employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per
occasion. The SCS is not entitled to any payment for the period of
non-attendance.
iii If required by RMS, the SCS must
establish, by production of a medical certificate or statutory declaration, the
illness of the person concerned.
iv RMS shall not fail to re-engage a casual
SCS because the Employee accessed the entitlements provided for in this clause.
The rights of RMS to engage or not to engage a casual SCS are otherwise not
affected.
11.10 Domestic and Family Violence
(a) 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.
(b) Definition of Domestic and Family Violence
i 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.
ii Domestic and family violence behaviours
can include, but are not limited to:
A. physical and sexual violence
B. verbal abuse and threats
C. emotional and psychological abuse
D. financial abuse
E. social isolation
F. stalking
G. intimidation
H. technology facilitated abuse
I. threats or actual harm to others, pets
and/or property.
iii 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.
iv 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.
(c) Principles of prevention and response
i 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:
A. subject to clause 12.3(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 12.5 or otherwise) and any
associated communication about these supports;
B. prioritise the safety of the Employee
experiencing domestic and family violence, and other Employees, in the workplace;
C. acknowledge that any actions taken by
the Employer may impact Employees and their dependents safety at work and at home;
D. recognise the Employee’s right to
confidentiality, as outlined in clause 12.6, except in instances where the
safety of Employees (including other employees not directly experiencing
domestic or family violence) must be prioritised;
E. train identified Employees as contact
officers to provide information and support to Employees experiencing domestic
and family violence;
F. provide Employees with training on domestic
and family violence, with a specific focus on preventative steps and response
in the workplace;
G. 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;
H. clearly communicate to an Employee
experiencing domestic and family violence any mandatory reporting obligations
the Employer may have to comply with;
I. 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.
ii 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:
A. support Employees to access
evidence-based behaviour change supports
B. approve any reasonable request for
flexible work arrangements to facilitate the Employee seeking evidence-based
behaviour change supports.
iii The Employer may take disciplinary
action against an Employee who has used domestic and family violence, up to and
including termination of employment.
(d) Leave
i 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.
ii This leave will assist Employees to:
A. attending medical, counselling, case
management, legal, police and other support services relating to their
experience of domestic and family violence,
B. organising alternative care or education
arrangements for their children,
C. attending court and other legal
proceedings relating to their experience of domestic and family violence
D. allow time for the employee to seek alternate
or safe accommodation, and
E. other activities that will assist them
to establish safety and recover from their experience of domestic and family
violence.
iii 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.
iv 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.
v When assessing leave applications, the
Employer needs to be satisfied, on reasonable grounds, that domestic and family
violence has occurred, and may required evidence.
(e) Workplace Domestic and Family Violence
Support
i 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:
A. changes to their span or pattern of
hours and / or shift patterns;
B. job redesign or changes to duties;
C. relocation to suitable employment with
the Employer;
D. a change to their telephone number
and/or email address to avoid harassing contact;
E. any other appropriate measure including
those available under existing provisions for flexible work arrangements; and
F. increased security measures in their
workplace including entry and egress.
ii 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 (a), an Employer will not then unreasonably refuse a
request from an Employee to maintain change or remove these arrangements.
iii The
Employer will assist an Employee experiencing domestic or family violence with
access to support and referral services and/or other local resources.
(f) Protecting the confidentiality of
Employees experiencing domestic or family violence
i 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.
ii To protect the
confidentiality of an Employee experiencing domestic or family violence the
Employer will:
A. adopt a ‘needs to know’ approach to any
communications regarding the Employee’s experience;
B. not store or
include any information about the following matters on the Employee’s personnel
file or payslip:
01. the Employees experience of domestic or
family violence
02. special leave accessed for the purpose of
domestic and family violence leave in accordance with clause 12.4(a)
03. supports provided by the Employer (under
clause 12.5 or otherwise).
iii Any information regarding an Employee’s experience of domestic or family violence,
including any domestic and family violence leave or supports provided (under
clauses 12.4, 12.5 or otherwise), can only be accessed by Executive Director
People and Culture Business Partnering.
iv The Employee recognises that the
Employer’s commitment to, and obligations regarding, confidentiality are
subject to:
A. any steps that the Employer must to take
to ensure the safety of all Employees
B. any mandatory reporting requirements.
v Where the Employer does need to
disclose confidential information for the reasons outlined in clause 12.6(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 any practical
steps to minimise an associated safety risk.
12. Travelling to a
Temporary Work Location
12.1 Permanent
SCSs required to travel to a temporary work location will be entitled to
ordinary time payment for the additional time taken to travel to the temporary
work location compared to the time that they normally take to travel to their
headquarters.
12.2 Where
permanent SCSs travel by public transport to a temporary work location, they
will be entitled to reimbursement of any additional fares paid.
12.3 Subject to clause
16, Training, casual SCSs are not entitled to excess fares or travel to a work
location.
13. Relocation of
School Crossing Supervisors
13.1 RMS may relocate
SCSs, either temporarily or permanently, where another location is available
within a reasonable distance.
13.2 Reasons for the
transfer may include, but are not limited to:
(a) Where an SCS is
no longer required on a site for reasons outlined in subclause 15.4;
(b) for performance
management or disciplinary reasons; or
(c) For other
reasons at RMS’s discretion.
13.3 SCSs are not
entitled to relocation expenses.
14. Termination
14.1 Subject to
subclause 15.2 below, permanent SCSs who wish to cease their employment must
provide RMS with at least two weeks’ notice.
14.2 Permanent
SCSs who do not wish to continue their employment in a new school year must
inform RMS of their intention to cease their employment prior to 1 December of
the previous year.
14.3 Should RMS
terminate the employment of permanent SCSs for any other reason, apart from serious
or wilful misconduct, RMS must provide the SCSs with the following period of
notice (or payment in lieu), based on the length of continuous service:
|
Continuous Service
|
Period of Notice
|
|
Not more than 1 year
|
at least 1 week
|
|
More than 1 year, but less than 3 years
|
at least 2 weeks
|
|
More than 3 years, but less than 5 years
|
at least 3 weeks
|
|
More than 5 years
|
at least 4 weeks
|
NB: ‘service’ includes all time worked for RMS since
1992
The period of notice shall be increased by one week
where the SCS is over 45 years of age and has completed at least two years
continuous service.
14.4 Reasons
for termination of employment of permanent SCSs under subclause 14.3 above may
include, but are not limited to:
(a) the
installation of traffic signals at that site;
(b) the removal of a
crossing;
(c) the
installation of an overhead walkway or pedestrian underpass;
(d) the closure of a
school.
14.5 Prior to
terminating the employment of a SCS for any of the reasons outlined in
subclause 15.4 above, RMS will seek to place SCSs at an alternate location
within a reasonable distance. RMS cannot guarantee that SCSs will be allocated
the same hours of duty if an alternate location is found.
15. Training
15.1 RMS will provide
SCSs with training necessary to conduct their duties. SCSs must attend all
training to which they have been directed.
15.2 Training will
generally be provided outside of the normal working hours of a SCS or during
school holidays as necessary.
15.3 RMS must set
aside a period of four weeks (in one or two blocks) during which no training
can be organised. This will allow
permanent SCSs to have at least four weeks’ annual recreation leave per year.
15.4 RMS must notify
SCSs of the times for training to be undertaken in school holidays at least two
months in advance.
15.5 Time spent
training by permanent SCSs will be paid in line with the calculation for
‘additional hours’ and paid for in accordance with clause 7.4.
15.6 Casuals will be
paid for all time spent training in accordance with clause 7.5.
15.7 Casuals required
to travel more than 30 minutes to a training venue will be paid excess fares
and for all time in excess of 30 minutes spent
travelling.
16. Criminal Record
Checks
16.1 RMS will
undertake criminal record checks on SCSs for any offences relevant to their
employment as a SCS:
(a) prior to their
appointment; and
(b) at regular
intervals; or
(c) at RMS’s
discretion.
16.2 Such offences
will include, but will not be limited to, the types of offences that prohibit
Employees from working with children under the Child Protection (Working With Children) Act 2012 (NSW) and the Child Protection
(Working With Children) Regulation 2013.
16.3 RMS may only take
action against a SCS with a criminal record where the offence is related to
their employment as a SCs or the offence is not
related to their employment but they have not informed RMS of their
record. Such action may include summary
dismissal.
16.4 SCSs must advise
RMS of any charge or conviction against them that may affect their ability to
carry out their duties. Failure to notify RMS of the charge or conviction may
result in summary dismissal.
17. Safety Clothing
and Equipment
17.1 SCSs will be
provided with safety clothing and equipment as required, including:
(a) Hat
(b) Safety Vest
(c) Rain Coat
(d) Rain Pants
(e) Sun Screen 30+
(f) Note Book and Pen
(g) Bum Bag
(h) Water Proof Cap
(i) Long
Sleeve Shirt
17.2 Any additional
safety clothing and/or equipment will be determined by the appropriate Work
Health Safety/risk assessment.
17.3 SCSs must use the
safety clothing and equipment provided (and only the safety equipment provided)
when on duty.
18. Anti-Discrimination
18.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer; and any
other ground provided for in the Anti-Discrimination Act 1977 (NSW) or
applicable Commonwealth anti-discrimination legislation.
18.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
18.3 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.
18.4 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.
18.5 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
(a) Employers and
Employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
19. Grievance
Resolution and Dispute Settlement
19.1 Dispute
Settlement Procedure
(a) A dispute is a
complaint or difficulty which affects one or more Employee(s). It may include a
change in working conditions that is perceived to have a negative implication
on Employees.
(b) It is essential
that management and the Unions consult on all issues of mutual interest and
concern, not just issues considered likely to result in a dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the
Unions is contrary to the intention of the following process.
(d) This disputes
procedure outlined at subclause 20.2 below shall apply to any dispute that
arises with respect to the following:
i. matters
pertaining to the relationship between the Employer and Employees;
ii. matters
pertaining to the relationship between the Employer and the Union parties to
this Award which pertain to the Award; and/or
iii. the operation
and application of this Award.
19.2 Dispute
Settlement Process
Step One
In the first instance, any dispute which is local in
nature, and which will not impact on other locations, will be dealt with at the
local level by the Employee(s) and/or their Union representative raising the
matter with the Employee’s immediate supervisor. The parties shall make a
genuine attempt to resolve the dispute within a reasonable timeframe.
Step Two
If the dispute remains unresolved following Step 1, the
Employee(s) and/or their Union representative shall refer the matter to the
Manager of the work area to which the dispute relates. The parties shall make a
genuine attempt to resolve the dispute within a reasonable timeframe.
Step Three
If the Dispute cannot be resolved through the procedure
outlined in Steps 1-2, or if the Dispute involves matters other than local
issues or matters involving the application/ interpretation of this Award, the
Employee or their representative may refer the dispute to the Principal
Manager, Human Resources and Industrial Relations (or
their representative) to attempt to achieve a resolution between the parties.
Step Four
If following Steps 1-3 the dispute remains unresolved,
any relevant party may refer the matter to the NSW Industrial Relations
Commission (IRC) for conciliation in the first instance, and if conciliation
does not resolve the Dispute, the matter shall be arbitrated by IRC.
19.3 Nothing in this
clause prevents the making of an agreement to refer a Dispute to a step other
than the next in sequence to accelerate resolution or for some other reason(s),
or to agree to refer the dispute to the IRC for urgent resolution.
19.4 Whilst this
procedure is continuing, no work stoppage or any other form of work limitation
shall occur.
19.5 The parties acknowledge
that where a Dispute involves a matter where genuine, serious
and immediate risk is posed to the health and safety of any person, it may not
be practical to follow the procedure in this clause in attempting to resolve
the dispute; and that an urgent reference to the IRC may be required.
19.6 Grievance
Procedure
(a) A grievance is
a personal concern about work or the work environment for which Employees seek
hearing or resolution.
(b) A grievance may,
for example, relate to:
i allocation
of work or development opportunities,
ii a perceived
denial of an entitlement, or
iii suspected
discrimination or harassment.
(c) RMS’ grievance
resolution policy and guidelines, as amended by RMS from time to time, are to
be followed when a grievance arises.
(d) While the
policy, guidelines and procedures are being followed, normal work is to
continue.
19.7 Dispute relating
to WHS issues
(a) The RMS and
SCSs are committed to the Work Health and Safety Act 2011 (NSW) and any
other statutory requirements, at all times.
(b) When a WHS risk
is identified or a genuine safety factor is the source
of a dispute:
i. SCSs
have a duty to notify the RMS of the risk to the SCS Work Health and Safety
Committee, and;
ii. allow the RMS
a reasonable amount of time to respond.
iii. the RMS has a
duty to address the issue identified; and
iv. report on the
issue within a reasonable timeframe.
(c) If a SCS
notifies WorkCover without allowing the RMS a reasonable
amount of time to respond to the issue, it is a breach of the legislative
provisions.
(d) The RMS respects
the rights of all SCSs to refuse to continue working due to a genuine safety
issue.
(e) The Unions and
SCSs acknowledge that the creation of an industrial dispute over a WHS matter
that is not legitimate is a breach of the legislative provisions under section
268 of the Work Health and Safety Act 2011 (NSW).
20. Union
Contributions
20.1 Where SCSs
authorise RMS in writing to deduct Union fees from their wage, RMS will where
practical, make the deduction and forward it to the Unions.
20.2 SCSs elected as
job representatives, who have notified and have been accepted by RMS as
accredited representatives of the Union(s) shall be allowed sufficient time
during working hours to interview the supervisor, manager and/or the staff
members who they represent on matters affecting staff.
21. Secure Employment
21.1 Objective of this
Clause
The objective of this clause is for the Employer to
take all reasonable steps to provide its Employees with secure employment by
maximising the number of permanent positions in the Employer’s workforce, in particular by ensuring that casual Employees have an
opportunity to elect to become full- time or part-time Employees.
21.2 Casual Conversion
(a) A
casual Employee engaged by a particular Employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months shall thereafter have the right to elect to have
their ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(b) Every
Employer of such a casual Employee shall give the Employee notice in writing of
the provisions of this sub-clause within four weeks of the Employee having
attained such period of six months. However, the Employee retains their 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 22.2(a), upon receiving
notice under subclause 22.2(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the Employer that they seek
to elect to convert their 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 an 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 disputes settlement procedure.
(d) Any casual
Employee who does not, within four weeks of receiving written notice from the
Employer, elect to convert their 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 their contract of employment converted to
full-time or part-time employment in accordance with subclause 22.2(c), the
Employer and Employee shall, in accordance with this paragraph, and subject to
subclause 22.2(c), discuss and agree upon:
i. whether
the Employee will convert to full-time or part-time employment; and
ii. if it is
agreed that the Employee will become a part-time Employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
iii. 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 their 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 their
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed between the Employer and the Employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the Employee 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 disputes settlement
procedure.
(h) An Employee must
not be engaged and re-engaged, dismissed or replaced
in order to avoid any obligation under this subclause.
21.3 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) Any Employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the Employer’s premises 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 workplace 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 22.3 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).
21.4 Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this Award.
21.5 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 Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
22. Code of Conduct
and Ethics
22.1 RMS requires that
all SCSs comply with the Code of Conduct and Ethics.
22.2 Where a
disciplinary matter is alleged, suspected or known to
have occurred, the SCS’s manager is to take prompt action to:
(a) Escalate the
matter to senior management and/or the General Manager Human Resources as
required Conduct a fact-finding investigation, if and as required.
22.3 Interviews will
be conducted to:
(a) Present facts
or alleged facts that could lead to disciplinary action being taken against the
SCS(s)
(b) Offer an opportunity
for the SCS(s) to respond to the allegations or facts; and
(c) Gather
sufficient facts to enable a decision on whether disciplinary action is
appropriate
22.4 Disciplinary
action may be initiated when SCSs are involved in matters including but not
limited to:
(a) corrupt conduct;
(b) misconduct;
(c) negligence, inefficiency or incompetence in the discharge of duties, or
(d) wilfully
disobeying or disregarding any lawful request or direction given in the course
of employment by any person having the authority to do so.
22.5 RMS
Discipline Policy and Discipline Guidelines, should be observed when
disciplinary matters arise.
22.6 RMS may suspend
SCSs from duty with or without pay during disciplinary or criminal actions, as
provided for under section 70 of the Government Sector Employment Act
2013 (NSW).
22.7 As a result of a
disciplinary breach being proven against SCSs, RMS may choose to impose any one
or more of the following sanctions:
(a) a reprimand and
warning;
(b) transfer;
(c) suspension from
duty;
(d) termination of
service.
22.8 If a disciplinary
sanction is to be made against a SCS, details of this will be given in writing.
22.9 Except in the case
of termination of services without notice, SCSs will be given seven calendar
days to respond in writing to RMS regarding the sanction proposed or to provide
any further relevant information.
22.10 Offers of
resignation will not be accepted until approved by the Disciplinary Panel if
SCSs are likely to be, or currently are the subject of disciplinary action,
where the reason for the action is:
(a) serious misconduct;
(b) misappropriation;
(c) fraud, or
(d) corrupt conduct.
22.11 RMS retains the right
to refer a disciplinary matter to the relevant external body where RMS has
reason to believe it is necessary. This may include but is not limited to:
(a) the Police;
(b) the Independent
Commission Against Corruption (ICAC);
(c) the Ombudsman;
(d) the Commission
for Children and Young People
22.12 SCSs have the
right to appeal any disciplinary action taken against you by RMS before the NSW
Industrial Relations Commission.
This clause:
(a) does not remove
RMS’s right to summarily dismiss a SCS for gross misconduct or fraud, should
the Chief Executive consider such action appropriate.
(b) must not be construed
as requiring the taking of disciplinary proceedings in order that RMS may
dispense with the services of an RMS officer or any other Employee of RMS.
23. Local Arrangements
23.1 Local
arrangements may be negotiated between RMS and relevant Unions in relation to
any matter contained in this Award.
23.2 All local
arrangements negotiated between RMS and the relevant Unions must:
(a) be approved in
writing by RMS;
(b) be approved in
writing by the Secretary of the relevant Unions; and
(c) be contained in
a formal document including, but not limited to, an agreement made under
section 68D of the Transport Administration Act 1988 (NSW).
23.3 A local
arrangement approved in accordance with this clause will override this Award to
the extent of any inconsistency.
24. No Extra Claims
24.1 Other than as
provided for in the Industrial Relations Act 1996 (NSW) 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.
25. Rates of Pay
|
Category
Refer to clause 7, Payment
of
Wages for the calculation of rates
|
2.5%
Operative from the first full pay period on or after 1 July 2019 ($/hr)
|
2.5%
Operative from the first full pay period on or after 1 July 2020 ($/hr)
|
2.04%
Operative from the first full pay period on or after1 July 2021 ($/hr)
|
2.53% Operative
from the first full pay period on or after 1 July 2022 ($/hr)
|
|
Base Rate (N)
|
23.5969
|
24.1868
|
24.6802
|
25.3046
|
|
Permanent
SCSs (P)
|
22.1221
|
22.6751
|
23.1377
|
23.7231
|
|
Additional hours/training(A)
|
25.5633
|
26.2024
|
26.7369
|
27.4133
|
|
Casual SCSs (C)
|
28.3163
|
29.0242
|
29.6162
|
30.3655
|
____________________
Printed by the
authority of the Industrial Registrar.