Local Government (State) Award 2023

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.

 

(Case No. 277266 of 2022)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.        Subject Matter

 

17.      Allowances, Additional Payments and Expenses

14.      Annualised Salaries

4.        Anti-Discrimination

35.      Appointment and Promotion

47.      Area, Incidence and Duration

1.        Arrangement

28.      Casual Employment

34.      Consultative Committees

44.      Council Agreements

5.        Definitions

38.      Disciplinary Procedures

24.      Flexibility for Work and Family Responsibilities

37.      Grievance and Dispute Procedures

26.      Health and Well Being

22.      Holidays

20.      Hours of Work

29.      Job Share Employment

32.      Junior and Trainee Employment

30.      Labour Hire

23.      Leave Provisions

46.      Leave Reserved

18.      Motor Vehicle Arrangements

31.      Multiple Employment

21.      Overtime

3.        Participation in Industrial Relations by Representative Bodies of Employees and Employers

27.      Part-time Employment

12.      Payment for Relief Duties/Work

13.      Payment of Employees

11.      Performance, Evaluation and Reward

25.      Phased Retirement

7.        Rates of Pay

19.      Residence

10.      Resourcing and Directing Employees

15.      Salary Sacrifice

8.        Salary System

45.      Savings and Transitional

6.        Skill Descriptors

2.        Statement of Intent

16.      Superannuation and Related Arrangements

36.      Term Contracts

41.      Termination of Employment

43.      Termination of Employment and Redeployment due to Redundancy

33.      Training and Development

9.        Use of Skills

39.      Work Health and Safety

40.      Workplace Bullying

42.      Workplace Change

 

Part B

 

Monetary Rates

 

Table 1 - Rates of Pay

Table 2 - Allowances

 

Schedule 1 - Minimum Standards of Caravan Accommodation to be provided to employees required to camp out

 

2.  Statement of Intent

 

The parties to the Award are committed to co-operating positively to increase the productivity, structural efficiency and financial sustainability of Local Government and to provide employees with access to more fulfilling, varied and better-paid work by providing measures to, for instance:

 

·            improve skill levels and establish skill-related career paths;

 

·            eliminate impediments to multi-skilling;

 

·            broaden the range of tasks which a worker may be required to perform;

 

·            achieve greater flexibility in workplace practices;

 

·            eliminate discrimination;

 

·            establish rates of pay and conditions that are fair and equitable;

 

·            work reasonable hours;

 

·            promote job security;

 

·            ensure and facilitate flexibility for work and family responsibilities;

 

·            ensure the delivery of quality services to the community and continuous improvement;

 

·            encourage innovation;

 

·            promote cooperative and open change management processes; and

 

·            promote the health and safety of workers and other people in the workplace.

 

3.  Participation in Industrial Relations by Representative Bodies of Employees and Employers

 

(i)       Consistent with section 3(d) of the Industrial Relations Act 1996 (NSW), the parties to the Award acknowledge the importance of employees, employers, and the industrial organisations that represent them (unions and employer organisations), working together in a cooperative relationship.

 

(ii)      The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (trading as the United Services Union); Local Government Engineers’ Association of New South Wales; the Development and Environmental Professionals’ Association; and the Nurses’ and Midwives Association of New South Wales, are the relevant unions who represent employees covered by this Award.

 

(iii)     Local Government NSW is the relevant employer organisation who represents employers covered by this Award.

 

(iv)     The parties agree to develop a joint video within 12 months of the commencement of the Award, to assist employers and employees in achieving the objects of section 3(d) of the Industrial Relations Act 1996 (NSW).  Employers shall make the video available to new employees.

 

4.  Anti-Discrimination

 

(i)       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.

 

(ii)      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.

 

(iii)     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.

 

(iv)     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.

 

(v)       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.

 

NOTE:

 

(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."

 

5.  Definitions

 

Unless otherwise provided in the Award:

 

(i)       Association means Local Government NSW (LGNSW).

 

(ii)      Council means a Municipal, City, Shire, County Council or Council within NSW as defined in the Local Government Act 1993 (NSW). This definition shall be read subject to the allocation of responsibilities as specified in the Local Government Act 1993 (NSW).

 

(iii)     Competency based training refers to training concerned with the attainment and demonstration of specified skills, knowledge and their application to meet industry standards.

 

(iv)     Complying superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 (Cth).

 

(v)       Days – unless otherwise specified, any reference to 'days' shall mean calendar days.

 

(vi)     Employer means all employers in local government or in the local government industry within NSW that are covered by clause 47, Area, Incidence and Duration of this Award.

 

(vii)    General Manager shall mean a person appointed in accordance with section 334 of the Local Government Act 1993 (NSW) to discharge the duties and responsibilities of the office of general manager as set out in section 335 of the Local Government Act 1993 (NSW) and such other duties that a council may delegate to the general manager. When carrying out these duties, the general manager is acting on behalf of the council.

 

(viii)   Ordinary Pay means remuneration for the employee's normal weekly number of ordinary hours of work. Ordinary pay shall include, but not be limited to the employee’s salary system rate of pay and the following penalties and allowances where they are regularly received:

 

·            Saturday, Sunday and shift penalties

 

·            hours of work flexibility agreements allowances

 

·            adverse working conditions allowances

 

·            climatic, west of the line allowances

 

·            civil liability allowance

 

·            tool allowances

 

·            on call allowance

 

·            first aid allowance

 

·            community language and signing work allowances

 

provided that subject to the exclusions below and at clauses 12(ii), 23D(xi) and 23E(iii)(c), an employee’s ordinary pay during periods of paid leave under this Award shall not be more or less than what the employee would have received had the employee not been on paid leave.

The following allowances shall be excluded from the composition of ordinary pay:

 

·            overtime payments

 

·            camping allowance

 

·            travelling allowances

 

·            sewer chokes allowance

 

·            vehicle allowances

 

·            meal allowances.

 

(ix)     Rostered Day Off means, a non-working day for full-time employees pursuant to an arrangement of ordinary hours under clause 20A, where the employee:

 

(a)       within two weeks, is granted four days off and one additional day off (the “rostered day off”); or

 

(b)      within three weeks, is granted six days off and one additional day off (the “rostered day off”); or

 

(c)       within four weeks, is granted eight days off and one additional day off (the “rostered day off”).

 

(x)       Salary system rate of pay means the rate of pay that is payable to an employee in accordance with the employer’s salary system.

 

(xi)     Seven day a week rotating roster system means a work roster system in which the employee is regularly required to work:

 

(a)       ordinary hours on each of the seven calendar days of the week; and

 

(b)      ordinary hours on at least one Saturday and one Sunday in every four, or in the case of a seasonal worker an average of at least twelve Saturdays and twelve Sundays during a twelve-month period; and

 

(c)       on Public Holidays; and

 

(d)      at different agreed commencement times during the roster period (i.e. different shifts) provided that where, prior to the commencement of this Award, an employee regularly worked according to a roster system that the employer regarded as a seven day a week rotating roster system, and the employee continues to work according to the same roster system, the roster system shall be deemed to be a seven day a week rotating roster system for that employee.

 

(xii)    Superannuation contributions means all contributions to a complying superannuation fund, and includes (without limitation) any superannuation contributions required to be made under the Superannuation Guarantee (Administration) Act 1992 (Cth), and any additional superannuation contributions made by way of salary sacrifice.

 

(xiii)   Union means the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU); the Local Government Engineers’ Association of New South Wales (LGEA); the Development and Environmental Professionals’ Association (depa); and the Nurses’ and Midwives Association of New South Wales.

 

6.  Skill Descriptors

 

The Award structure consists of skill-based bands and levels that are defined according to the following skill descriptors:

 

 

(i)       Operational Band 1, Level 1

 

Authority and accountability: Completion of basic tasks with work closely monitored by the team leader or supervisor.

 

Judgement and problem solving: Judgement is limited and coordinated by other workers.

 

Specialist knowledge and skills: Specialist knowledge and skills are obtained through on-the-job training and employer-based induction training. Off-the-job training may lead to trade, technical or professional qualifications.

 

Management skills: Not required.

 

Interpersonal skills: Limited to communications with other staff and possibly, with the public.

 

Qualifications and experience: Completion of School Certificate or the Higher School Certificate may be sought. Completion of an appropriate labour market program or similar short-term work/skills experience is desirable.

 

(ii)      Operational Band 1, Level 2

 

Authority and accountability: Responsible for completion of basic tasks with individual guidance or in a team.

 

Judgement and problem solving: Applies standard procedures with normally few if any options in the application of skills.

 

Specialist knowledge and skills: Job specific skills and knowledge would normally be gained through on-the-job training and experience. Short courses may be completed at TAFE.

 

Management skills: Not required.

 

Interpersonal skills: Frequent communication with other staff and/or the public common but normally at a routine level.

 

Qualifications and experience: Incumbents may have attended short courses in specific work areas or be undertaking a technical college certificate as completion of structured training program in work-related area.

 

(iii)     Operational Band 1, Level 3

 

Authority and accountability: Responsible for completion of regularly occurring tasks with general guidance on a daily basis.

 

Judgement and problem solving: Judgement is required to follow predetermined procedures where a choice between more than two options are present.

 

Specialist knowledge and skills: Application of skills, including machine-operation skills, following training "on the job" or accredited external training over a number of months.

 

Management skills: Some guidance/supervision may be required. May assist a co-ordinator/trainer with on-the-job training.

 

Interpersonal skills: Skills required for exchange of information on straightforward matters.

 

Qualifications and experience: Suitable experience or qualifications in a number of defined skill areas.

 

(iv)     Operational Band 1, Level 4

 

Authority and accountability: Responsible for supervising staff in operational duties or for work requiring independence in the application of skills, subject to routine supervision. Responsible for quality of work function.

 

Judgement and problem solving: Option on how to approach tasks requires interpretation of problems and may involve precise judgement in operational areas.

 

Specialist knowledge and skills: The number of work areas in which the position operates makes the work complicated and a variety of skills are required in its completion. Position may require competence in operation of complex machinery.

 

Management skills: Supervisory skills in the communication of instructions, training and the checking of work may be required.

 

Interpersonal skills: Skills are required to convince and explain specific points of view or information to others and to reconcile differences between parties.

 

Qualifications and Experience: Experience to adapt procedures to suit situations and a thorough knowledge of the most complex operational work procedures to achieve work objectives.

 

(v)       Administrative/Technical/Trades Band 2, Level 1

 

Authority and accountability: Responsible for the completion of work requiring the application of trades, administrative or technical skills.

 

Judgement and problem solving: Skills in assessing situations and in determining processes, tools and solutions to problems. Guidance is available.

 

Specialist knowledge and skills: Positions will have demonstrated competence in a number of key skill areas related to major elements of the job.

 

Management skills: Positions may require skills in the supervision or co-ordination of small groups.

 

Interpersonal skills: Communication skills to explain situations or advise others.

 

Qualifications and experience: Appropriate work-related trade, technical or administrative qualifications or specialist skills training.

 

(vi)     Administrative/Technical/Trades Band 2, Level 2

 

Authority and accountability: Responsibility as a trainer/co-ordinator for the operation of a small section which uses staff and other resources, or the position completes tasks requiring specialised technical/administrative skills.

 

Judgement and problem solving: Skills to solve problems which require assessment of options with freedom within procedural limits in changing the way work is done or in the delegation of work. Assistance may be readily available from others in solving problems.

 

Specialist knowledge and skills: Positions will have specialised knowledge in a number of advanced skill areas relating to the more complex elements of the job.

 

Management skills: May require skills in supervising a team of staff, to motivate and monitor performance against work outcomes.

 

Interpersonal skills: In addition to interpersonal skills in managing others, the position may involve explaining issues/policy to the public or others and reconcile different points of view.

 

Qualifications and experience: Thorough working knowledge and experience of all work procedures for the application of technical/trades or administrative skills, based upon suitable certificate or post-certificate-level qualifications.

 

(vii)    Administrative/Technical/Trades Band 2, Level 3

 

Authority and accountability: May be responsible to provide a specialised/technical service and to complete work which has some elements of complexity. Make recommendations within the employer and represent the employer to the public or other organisations.

 

Judgement and problem solving: Problem solving and judgements are made where there is a lack of definition requiring analysis of a number of options. Typical judgements may require variation of work priorities and approaches.

 

Specialist knowledge and skills: Positions have advanced knowledge and skills in a number of areas where analysis of complex options is involved.

 

Management skills: May supervise groups of operational and/or other administrative/trades/technical employees. Employees supervised may be in a number of different work areas, requiring motivation, monitoring and co-ordination to achieve specific outputs.

 

Interpersonal skills: Skills to communicate with subordinate staff and the public and/or negotiation/persuasive skills to resolve disputes with staff or the public.

 

Qualifications and experience: An advanced certificate, associate diploma, appropriate in-house training or equivalent combined with extensive experience in the application of skills in the most complex areas of the job.

 

(viii)   Professional/Specialist Band 3, Level 1

 

Authority and accountability: Provides specialised/technical services to complete assignments or projects in consultation with other professional staff. May work with a team of technical or administrative employees requiring the review and approval of more complex elements of the work performed by others.

 

Judgement and problem solving: Problems require assessment of a range of options having elements of complexity in reaching decisions and making recommendations. Precedent is available from sources within the employer, and assistance is usually available from other professional/specialist staff in the work area.

 

Specialist knowledge and skills: Positions require considerable knowledge in a specific area with a sufficient level of skills and knowledge to resolve issues having elements of complexity that may not be clearly defined.

 

Management skills: Positions at this entry level to the Professional/Specialist Band are not required to possess management skills.

 

Interpersonal skills: Persuasive skills are required to participate in technical discussions to resolve problems, explain policy and reconcile viewpoints.

 

Qualifications and experience: Professional/specialist positions require professional qualifications to apply theoretical knowledge to practical situations.

 

(ix)     Professional/Specialist Band 3, Level 2

 

Authority and accountability: Provides a specialised/technical service in the completion of work and/or projects which have elements of complexity (composed of many parts that may be more conceptual than definite).

 

Judgement and problem solving: Positions require the interpretation of information and development of suitable procedures to achieve agreed outcomes. Problem solving and decision making require analysis of data to reach decisions and/or determine progress.

 

Specialist knowledge and skills: Experience in the application of technical concepts and practices requiring additional training are required at this level.

 

Management skills: May manage a number of projects involving people and other resources requiring project control and monitoring as well as motivation and co-ordination skills.

 

Interpersonal skills: Interpersonal skills in leading and motivating staff in different teams/locations may be required, as well as persuasive skills to resolve problems or provide specialised advice.

 

Qualifications and experience: Positions at this level would have supplemented base level professional qualifications with additional skills training. Considerable practical experience or skills training would be required to effectively control key elements of the job.

 

(x)       Professional/Specialist Band 3, Level 3

 

Authority and accountability: Provides a professional advisory role to people within or outside the employer. Such advice may commit the employer and have significant impact upon external parties dealing with the employer. The position may manage several major projects or sections within a department of the employer.

 

Judgement and problem solving: Positions have a high level of independence in solving problems and using judgement. Problems can be multi-faceted requiring detailed analysis of available options to solve operational, technical or service problems.

 

Specialist knowledge and skills: The skills and knowledge to resolve problems where a number of complex alternatives need to be addressed.

 

Management skills: May be required to manage staff, resolve operational problems and participate in a management team to resolve key problems.

 

Interpersonal skills: Interpersonal skills in leading and motivating staff may be required. Persuasive skills are used in seeking agreement and discussing issues to resolve problems with people at all levels. Communication skills are required to enable provision of key advice both within and outside the employer and to liaise with external bodies.

 

Qualifications and experience: Tertiary qualifications combined with a high level of practical experience and an in-depth knowledge of work.

 

(xi)     Professional/Specialist Band 3, Level 4

 

Authority and accountability: Accountable for the effective management of major sections or projects within their area of expertise. As a specialist, advice would be provided to executive level and to the employer on major areas of policy or on key issues of significance to the organisation. The position's influence would have an important role in the overall performance of the function.

 

Judgement and problem solving: Positions would determine the framework for problem solving or set strategic plans with minimal review by senior management. At this level, the position may represent senior management or the employer in the resolution of problems. The oversight of problem solving and assessment of the quality of judgements made by less qualified staff will apply at this level.

 

Specialist knowledge and skills: Positions require knowledge and skills for the direction and control of a key function of the employer or major functions within a department. Positions require expert knowledge and skills involving elements of creativity and innovation in addressing and resolving major issues.

 

Management skills: Positions may direct professional or other staff in the planning, implementation and review of major programs, as well as participating as a key member of a functional team.

 

Interpersonal skills: Interpersonal skills in leading and motivating staff will be required at this level. Positions require the ability to negotiate on important matters with a high degree of independence. Positions are required to liaise with the public and external groups and organisations.

 

Qualifications and experience: Specialist tertiary qualifications in an appropriate field of study combined with extensive practical experience in all relevant areas in order to plan, develop and control major elements of work.

 

(xii)    Executive Band 4

 

Authority and accountability: Accountable for the direction and control of the employer or a department or the like. Influence and commit the employer or a department or the like to long-term strategic directions. Lead policy development and implementation.

 

Judgement and problem solving: Positions solve problems through analytic reasoning and integration of wide-ranging and complex information, and have a high level of independence in determining direction and approach to issues.

 

Specialist knowledge and skills: The position requires the application of a range of specialist knowledge and skills, including relevant legislation and policies and other areas of precedent. Ability to provide authoritative advice to the employer.

 

Management skills: Application of corporate management skills in a diverse organisation to establish goals and objectives. Manage and control staff, budgets and work programs or major projects of the employer or a department or the like utilising leadership, evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources, meet changing circumstances and improve service to the employer's clients.

 

Interpersonal skills: Positions use persuasive skills with external parties on major items of critical importance to the employer. They motivate managers and staff at all levels by leading and influencing others to achieve complex objectives. They influence the development of the employer.

 

Qualifications and experience: Positions will have a relevant degree or equivalent and management experience, combined with accredited management qualifications.

 

7.  Rates of Pay

 

(i)       The rates of pay are established for positions with the skills descriptors as defined in Clause 6, Skill Descriptors of this Award, are set out in Table 1 of Part B of this Award and are entry level rates of pay only.

 

(ii)      The employer shall introduce a salary system to complement the skills-based structure and rates of pay of the Award.

 

Note:

 

·            The Award establishes minimum rates of pay at an Industry level.

 

·            The employer’s salary system establishes minimum rates of pay at an enterprise level

 

8.  Salary System

 

(i)       A salary system determines how employees are paid. An employee shall be paid the salary system rate of pay that recognises the skills the employee is required to apply on the job.

 

(ii)      The salary system shall have a structure that complements the entry level rates of pay and skill descriptors in the Award by identifying grades. Each grade shall contain a number of salary points/steps for progression that are over and above the entry level rates of pay.

 

(iii)     Positions shall be assigned a salary grade(s) within the structure. A position may extend across more than one grade in the employer's salary system or level as prescribed by Clause 6 Skills Descriptors of this Award.

 

(iv)     Progression through the salary system shall be based upon:

 

(a)       the acquisition and use of skills; or

 

(b)      employee performance, provided that progression beyond the award entry level based upon the acquisition and use of skills is also available.

 

(v)       Where skills based progression is not reasonably available within the salary range for the position, employees shall have access to progression based on the achievement of performance objectives relating to the position. Such performance objectives shall be set in consultation with the employee(s).

 

(vi)     Subject to subclauses (iv) and (v), skills for progression relevant to the position shall be assigned to each salary point/step within the grade, or set at the annual assessment provided that such criteria shall provide an opportunity to progress through the salary system.

 

(vii)    Except where otherwise provided, employees shall be assessed for progression through the salary range for their position at least annually or when they are required to use skills that would entitle them to progress in the salary system.

 

(viii)   The employer shall not be required to conduct annual assessments for those employees who have progressed through the salary system to the maximum point/step for their position, provided that if an employee on or above the maximum point/step for their position requests an annual assessment in writing, the employer will provide one.

 

(ix)     At the time of assessment, the employer shall advise the employee of the relevant skills and/or reasonably achievable performance objectives required for the employee to progress to the next salary point/step and shall review the employee's training needs consistent with clause 33.

 

(x)       The salary system shall include a process by which employees can appeal against their assessment.

 

(xi)     Employees shall have access to information regarding the grade, salary range and progression steps of the position.

 

(xii)    Where the employer changes its salary system, employees shall not suffer a reduction in pay or salary range.  Further, employees shall not suffer a reduction in progression steps based on the acquisition and use of skill, unless otherwise agreed.

 

9.  Use of Skills

 

(i)       The parties are committed to improving skill levels and removing impediments to multi skilling and broadening the range of tasks that the employee is required to perform.

 

(ii)

 

(a)       The skills paid for shall not be limited to those prescribed by the job description and may, where appropriate, include skills possessed by the individual which are required by the employer to be used as an adjunct to the employee's normal duties.

 

(b)      Subject to subclauses (xii) and (xiii) of Clause 17, Allowances, Additional Payments and Expenses, employees who are required by the employer to use such additional skill(s) in the performance of their duties shall have the use of these skill(s) considered in the evaluation of the position.

 

10.  Resourcing and Directing Employees

 

(i)       The employer may direct the employee to carry out such duties that are within the limits of the employee's skill, competence and training.

 

(ii)      The employer shall provide adequate staff and other resources to enable employees to carry out their duties and functions over the course of working hours that are not unreasonable.

 

11.  Performance Evaluation and Reward

 

A. ENTERPRISE

 

(i)       It is the intention of the parties to create a flexible award in which employers can increase the overall efficiency and effectiveness of local government services.

 

(ii)      Employers should consider the development of enterprise key performance indicators which are specific to local needs.

 

(iii)     Where the employer develops enterprise key performance indicators regard shall be had to the following:

 

(a)       measurement of the manner and process by which services are provided;

 

(b)      measurement of both qualitative and quantitative aspects of service provision e.g. community satisfaction, timeliness, service quality, output and cost data.

 

(iv)     Employers shall discuss enterprise key performance indicators relating to human resources activities and/or job redesign with the consultative committee.

 

(v)       Employee(s) or the employer may seek assistance from the appropriate union or Association in developing and implementing enterprise key performance indicators.

 

B. INDIVIDUAL/TEAM

 

(i)       Enterprise key performance indicators may be used to develop performance targets for teams or individual employees.

 

(ii)      All employees need to know and have confirmed the role, accountabilities and performance standards that are expected of them. Role clarity, acceptance of goals and regular feedback are essential to effective performance. A key aim should be to provide a means of recognising and rewarding high performance and to provide an early assessment and response to substandard performance. A review system also provides a basis for identifying development needs for individuals, and can be used as an important input to promotion decisions.

 

(iii)     This Award recognises that all employees shall have on-going feedback about performance. The performance development process can be simplified to three stages:

 

(1)      joint development on objectives and performance standards;

 

(2)      progress reviews; and

 

(3)      a formal performance review which is followed by decisions and outcomes.

 

C. BONUS AND ADDITIONAL PERFORMANCE PAYMENTS

 

(i)       Employers may make available access to bonus payments or other opportunities for additional reward for employees.

 

(ii)      Where a salary system provides for the payment of a performance component separate from a skills component, variations to payments under the performance component shall not affect payments under the skills component.

 

12.  Payment for Relief Duties/Work

 

(i)       An employee required by the employer to relieve in a position which is at a higher level within the salary system shall be paid for that relief. The rate to be paid shall be determined by considering the skills/experience applied by the employee relieving in the position but shall be at least the minimum rate for that position in accordance with the salary system except where the higher level skills have been taken into account within the salary of the relieving employee.

 

(ii)      Payment for use of skills relieving in a higher paid position shall be made for the time actually spent relieving in the higher position and is not payable when the relieving employee is absent on paid leave or an award holiday. An employee on annual leave or long service leave may be entitled to a higher rate of pay in accordance with the provisions of subclauses 23D(xi) and 23E(iii)(c) of this Award.

 

(iii)     An award employee who is required to relieve in a senior staff position, so designated under the Local Government Act 1993 (NSW), shall be paid an appropriate rate of pay commensurate with the duties and responsibilities of the relief work undertaken.

 

13.  Payment of Employees

(i)       Employees shall be paid either weekly or fortnightly, or any other period by agreement, on a fixed regular pay day.

 

(ii)      The employer shall fix a regular payday, between Monday and Friday inclusive. The employer may alter the payday if there is prior agreement with the employees affected and the employees shall not unreasonably withhold their agreement.

 

(iii)     Payment shall be by cash, cheque or direct credit to the employee's nominated account.

 

(iv)     The employer shall deduct and pay on behalf of the employee from any remuneration payable to the employee union membership fees where authorised by the employee in writing. The employer can deduct and pay on behalf of the employee from any remuneration payable to the employee such other amounts as the employee authorises in writing.

 

(v)       An employee’s ordinary pay shall not be reduced when the employee is prevented from attending work due to bushfire or other climatic circumstances beyond their control, provided that this subclause shall not apply if:

 

·            alternative duties are available that the employee can usefully perform, or

 

·            the bushfire or other climatic circumstance occurred outside of the State of New South Wales, or

 

·            the employee has been unable to attend work for more than one week per bushfire or other climatic circumstance event.  The employee may, in exceptional circumstances, apply to the employer for paid special leave and such request shall not be unreasonably refused.

 

(vi)     Where an employee takes a period of sick leave and subsequently becomes entitled to the payment of workers compensation for the same period but at a lesser amount than the sick leave already paid, the employer shall be entitled to deduct from the employee’s remuneration the difference between the sick leave payment and the workers’ compensation payment.

 

Note:  In accordance with section 129(1)(a) of the Industrial Relations Act 1996 (NSW) and regulation 10 of the Industrial Relations (General) Regulation 2015 (NSW) an employer must keep daily records of the remuneration paid and the hours worked by employees.  This includes:

 

·            the number of hours worked by an employee during each day; and

·            the times of starting and ceasing work each day.

 

14.  Annualised Salaries

 

(i)       Annual salary instead of award provisions

 

Notwithstanding any other provision of this Award, the employer and an employee may agree that the employer may pay the employee an annual salary in satisfaction of any or all payments arising under the following provisions of the Award:

 

(a)       Rates of Pay – clause 7;

 

(b)      Use of Skills – clause 9;

 

(c)       Performance Evaluation and Reward – clause 11

 

(d)      Payment for Relief Duties/Work – clause 12

 

(e)       Salary Sacrifice – clause 15

 

(f)       Allowances, Additional Payments and Expenses – clause 17

 

(g)      Residence – clause 19

 

(h)      Hours of Work – clause 20

 

(i)       Overtime – clause 21

 

(j)       Holidays – clause 22

 

(ii)      Annual salary not to disadvantage employees

 

(a)       The annual salary must be no less than the amount the employee would have received under this Award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

 

(b)      The annual salary of the employee must be reviewed by the employer at least annually to ensure that the compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.

 

(c)       Employees shall not be denied the opportunity to apply for new or vacant positions as a result of the operation of this clause.

 

(iii)     An annual salary agreement must:

 

(a)       be in writing and signed by both parties;

 

(b)      state the date on which the arrangement commences;

 

(c)       be provided to the employee;

 

(d)      contain a provision that the employee will receive no less under the arrangement than the employee would have been entitled to if all award obligations had been met, taking account of the value of the provision of matters not comprehended by the award such as private use of an employer provided motor vehicle;

 

(e)       be subject to an annual review;

 

(f)       contain details of any salary package arrangements, including the annual salary that is payable;

 

(g)      contain details of any other non-salary benefits provided to the employee such as an employer provided motor vehicle;

 

(h)      contain details of any performance pay arrangements and performance measurement indicators;

 

(i)       contain the salary for the purposes of accident make up pay (if applicable); and

 

(j)       contain the award band and level for the role.

 

(iv)     An annual salary agreement may be terminated:

 

(a)       by the employer or the employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

 

(b)      at any time, by written agreement between the employer and the employee.

 

(v)       On termination of an annual salary agreement, the employee will revert to the Award entitlements unless a new annual salary agreement is reached.

 

(vi)     Notwithstanding the above, annualised salary arrangements entered into prior to 1 July 2014 may continue to operate in accordance with their terms.

 

15.  Salary Sacrifice

 

(i)       The employer and an employee may agree to enter into a salary sacrifice arrangement, which allows an employee to receive a part of their pre-tax salary as a benefit rather than salary. Such agreement shall not unreasonably be withheld.

 

(ii)      Benefits that may be salary sacrificed include, but shall not be limited to, child care facilities operated by the employer on its premises; and additional superannuation and motor vehicles supplied by the employer under lease back arrangements where the amount to be salary sacrificed for leaseback of the employer’s motor vehicle is that part of the lease back fee that exceeds the employer’s fringe benefit tax liability.

 

(iii)     The value of the benefits shall be agreed between the employer and employee and shall include fringe benefits tax where applicable.

 

(iv)

 

(a)       The salary sacrifice arrangement, including the benefits to be salary sacrificed and their value including fringe benefit(s) tax, shall be in writing and signed by both the employer and the employee.

 

(b)      The employee may request in writing to change the benefits to be salary sacrificed once each year and the employer shall not unreasonably refuse the request.

 

(v)       The employee’s gross pay is their pre-tax ordinary pay less the values of the salary sacrifice benefit including fringe benefit(s) tax.

 

(vi)     The value of a salary sacrifice benefit and applicable fringe benefit tax, shall be treated as an approved benefit for superannuation purposes and shall not reduce the employee’s salary for employer contributions.

 

(vii)    The value of salary sacrifice benefits and applicable fringe benefits tax shall be ordinary pay for calculating overtime and termination payments.

 

(viii)   The employee is responsible for seeking appropriate financial advice when entering into any arrangement under this clause.

 

(ix)

 

(a)       The employer will ensure that the salary sacrifice arrangement complies with taxation and other relevant laws.

 

(b)      The employer has the right to vary and/or withdraw from offering salary sacrifice to employees with appropriate notice if there is any alteration to relevant legislation that is detrimental to salary sacrifice arrangements.

 

(x)       A salary sacrifice arrangement shall cease on the day of termination of employment.

 

(xi)     A salary sacrifice arrangement shall be suspended during periods of leave without pay.

 

(xii)    The employer may maintain and/or enter into other salary sacrifice arrangements with employees.

 

16.  Superannuation and Related Arrangements

 

(i)       Superannuation Fund Contributions

 

(a)       Subject to the provisions of the Industrial Relations Act 1996 (NSW), the employer shall make superannuation contributions to Active Super and not to any other superannuation fund.

 

Note:  Under the Superannuation Guarantee (Administration) Act 1992 (Cth) superannuation guarantee contributions (SGC) for eligible employees are due every quarter, and if the minimum contributions are not paid by the due date, the employer must pay a superannuation guarantee charge and lodge a superannuation guarantee charge statement. SGC payments can be made more frequently.

 

(ii)      Salary Sacrifice Arrangements specific to Superannuation

 

(a)       For the purposes of this subclause:

 

i.         Eligible employee means an employee with at least five (5) years continuous service with the employer who has an accrued entitlement to long service leave under the Award that is in excess of the long service leave entitlement that the employee would have accrued if covered by section 4 of the Long Service Leave Act 1955 (NSW). For the purpose of this subclause, long service leave is deemed to accrue under the LSL Act at the rate of 0.867 weeks per year of service.

 

ii.        Excess LSL means the long service leave that an employee has accrued under the Award that is in excess of the long service leave that the employee would have accrued if covered by section 4 of the Long Service Leave Act 1955 (NSW).

 

iii.       LSL means Long Service Leave.

 

iv.       LSL Act means the Long Service Leave Act 1955 (NSW).

 

v.        Ordinary Time Earnings has the same meaning as in section 6(1) of the Superannuation Guarantee (Administration) Act 1992 (Cth).

 

vi.       Superannuation Fund means the Local Government Superannuation Scheme.

 

(b)      Subject to this clause, eligible employees may, with the consent of the employer, cash out some or all of their Excess LSL.

 

(c)       Any Excess LSL cashed out in accordance with this clause shall be paid to the employee at the employee’s ordinary pay.

 

Example: A full-time employee with 10 years’ continuous service with the employer accrues 13 weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL if covered by s4 of the LSL Act. After 10 years’ service, the employee would have up to 5 weeks Excess LSL which may, with the consent of the employer, be cashed out.

 

(d)      Eligible employees who have Excess LSL cashed out under this clause must enter into a Salary Sacrifice Arrangement for the equivalent amount to be paid into the Superannuation Fund as Ordinary Time Earnings, unless the employee has reached their concessional contribution cap.

 

(e)       Notwithstanding clause 15(vi) of the Award, any Salary Sacrifice Arrangement made under this clause shall not be treated as an approved benefit for superannuation purposes.

 

17.  Allowances, Additional Payments and Expenses

 

(i)       Level 1 Adverse Working Conditions Allowance

 

(a)       A level 1 adverse working conditions allowance in addition to the salary system rate of pay shall be payable to designated employees to compensate for the special disabilities associated with working outdoors and/or for moderately obnoxious, offensive or dirty working conditions.

 

(b)      The level 1 adverse working conditions allowance shall be paid at the rate set out in Table 2 of Part B of this Award and shall be paid for all purposes of the Award but shall not attract any penalty.

 

(c)       All employees in Levels 2, 3 and 4 of the Operational Band 1 and employees engaged in the gardening, building, metal and mechanical trades of the Administrative/Technical/Trades Band 2 shall be paid the level 1 adverse working conditions allowance for all hours worked, excepting staff engaged in the following functions:

 

·            Administration

·            Civic Centre, Recreation and Theatre

·            Community Services

·            Finance

·            Garbage, Sanitary and Sullage

·            Managing Saleyards

·            Noxious Plant Inspection

·            Ordinance Control

·            Public Relations

·            Supervising in Band 2

·            Technical Services

·            Works Supervisor

 

(d)

 

(1)       Designated employees in Operational Band 1 and Administrative / Technical / Trades Band 2 who do not qualify for the allowances at subclauses 17(i)(c) and 17(ii)(a) shall be paid the level 1 adverse working conditions allowance for the actual time worked by direction performing the following work, with a minimum payment of one (1) hour per day on which the work is performed:

 

·            Childcare employees – whilst changing nappies

 

·            Employees whose duties involve animal destruction – whilst destroying companion animals and/or manual handling the remains or faeces of such companion animals. For the purpose of this subclause, companion animals means cats and dogs.

 

(2)       The employer may make an average payment equivalent to an agreed number of hours per week where the employee is regularly required to perform such work.

 

(ii)      Level 2 Adverse Working Conditions Allowance

 

(a)       All employees classified in Operational Band 1 of this Award, who are employed in garbage, sanitary and sullage collection work or engaged at garbage tips, in street sweeping and in cleaning offensive materials from gutters or storm water drains, shall in addition to their salary system rate of pay, be paid a level 2 adverse working conditions allowance at the rate set out in Table 2 of Part B of this Award. This allowance shall be paid for all purposes of the Award but shall not attract any penalty.

 

(b)      The level 2 adverse working conditions allowance is to compensate for the special disabilities associated with the hours worked and the offensive, filthy and obnoxious nature of duties performed by employees engaged in this work.

 

(iii)     Sewer Chokes

 

The sewer choke allowance is to compensate for the highly obnoxious working conditions associated with the clearing of blockages in live sewers, which typically includes:

 

(a)       the clearing of blockages in sewer mains (of any diameter) carrying raw or partially treated sewerage to sewerage treatment plants, often in circumstances where direct contact with the raw sewerage is unavoidable; and

 

(b)      the clearing of blockages in other parts of the sewerage system where disassembly is required and direct contact with raw sewerage is unavoidable.

 

Employees clearing sewer chokages and/or other parts of the sewerage system as provided above shall be paid a sewer choke allowance at the rate set out in Table 2 of Part B of this Award whilst so engaged.

 

For the purposes of this subclause, a live sewer shall mean part of a sewerage system that transports raw or partially treated sewerage from a building to a septic tank or sewerage treatment works, typically at or below ground surface level.

 

For the purposes of this subclause, a sewer choke shall mean a partial or total blockage that may result in a spill to the external environment from the sewer system.

 

The sewer choke allowance is paid per shift, including overtime shifts which are not continuous with an ordinary shift.

 

The sewer choke allowance shall not be paid in addition to the septic tanks allowance at subclause 17(iv) or sewerage treatment works allowance at subclause 17(v) of this Award.

 

(iv)     Septic Tanks

 

Employees shall be paid treble rates their salary system rate of pay for all time occupied on work in connection with the cleaning of septic tanks, and/or septic closets and/or chemical closets by other than mechanical means. Payments made in accordance with this subclause shall be in substitution of overtime rates and any other penalty.

 

(v)       Sewerage Treatment Works

 

Employees required during their ordinary hours of work to enter and clean or enter and maintain digestion tanks at sewerage treatment works, aeration ponds or wet wells at sewer pump stations, where direct contact with raw sewerage is unavoidable, shall be paid at the rate of double their salary system rate of pay for all time worked. Payments made in accordance with this subclause shall be in substitution of overtime rates and any other penalty.

 

(vi)     Employee Providing Tools

 

(a)       Where the employee and the employer agree that the employee shall supply their own tools, a tool allowance shall be paid as follows:

 

	PER WEEK $
Bricklayer	Table 2 of Part B
Carpenter and Plumber	Table 2 of Part B
Metals and Mechanical Trades	Table 2 of Part B
Painter and Signwriter	Table 2 of Part B
Plasterer	Table 2 of Part B

 

(b)      Complete Tool Kits - allowances paid to employees in accordance with this clause shall be deemed to apply in respect of a full range of tools ordinarily used in carrying out the trade, occupation, duties and functions.

 

(c)       Special Purpose Tools - allowances prescribed by this clause shall not cover tools required for special uses or purposes outside of the ordinary trade functions of the employee's classification.

 

(d)      Compensation of Tools - The employer shall reimburse the employee to a maximum per annum as set out in Table 2 of Part B for loss of tools by breaking and entering whilst securely stored at the employer’s premises or on the job site or if the tools are lost or stolen while being transported by the employee at the employer’s direction, or if the tools are stolen during an employee's absence after leaving the job because of injury or illness. Provided that an employee transporting their own tools shall take all reasonable care to protect those tools and prevent theft or loss.

 

(e)       Provided for the purposes of this clause:

 

(1)       Only tools used by the employee in the course of their employment shall be covered by this clause;

 

(2)       The employee shall, if requested to do so, furnish the employer with a list of tools so used;

 

(3)       Reimbursement shall be at the current replacement value of new tools of the same or comparable quality;

 

(4)       The employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

 

(vii)    Telephone

 

Where an employee and the employer agree that a fixed line telephone installed at the employee's residence can be used as a means of communication to such employee and there is no reliable and accessible mobile network telephone coverage at the residence, the employer shall reimburse the employee the annual rental of such fixed line telephone and for the actual charge made for all outward calls made on the employer’s behalf.

 

(viii)   Expenses

 

All reasonable expenses, including out-of-pocket, accommodation, travelling and communication expenses, incurred in connection with the employee's duties shall be paid by the employer and, where practicable shall be included in the next pay period. The method and mode of travelling or the vehicle to be supplied or to be used shall be arranged mutually between the employer and the employee. Travelling, accommodation and communication arrangements shall be agreed between the employer and the employee.

 

(ix)     Certificates, Licences and other Approvals

 

(a)       Where an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of the Award is required by the employer to hold a WorkCover NSW approved certificate or licence the employer shall reimburse the employee for the cost of such certificate or licence.

 

(b)      Where an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of the Award is required by the employer to hold a drivers licence other than a Class C (car) or Class R (rider) licence, the employer shall reimburse the employee the difference between the cost of the licence and the cost of a Class C (car) drivers licence.

 

(c)       Where an employee engaged in child-related work is required by the employer to undertake a Working with Children Check as provided by the Child Protection (Working with Children) Act 2012 (NSW), the employer shall reimburse the employee for the cost of such Working With Children Check.

 

(x)       Travelling Allowance

 

(a)       This subclause shall apply to employees who are required to start and/or finish work at a location away from the employer’s depot, workshop or other agreed normal place of work, and travel to and/or from such location in their own time.

 

(b)      For the purposes of this subclause "normal place of work" shall mean:

 

(1)       the employer’s workshop or depot;

 

(2)       an office or building of the employer to which the employee is usually assigned;

 

(3)       any other agreed starting and/or finishing point.

 

(c)       Unless otherwise provided, each employee will be assigned to one normal place of work only.

 

(d)      An employee may be assigned to more than one normal place of work by agreement.

 

(e)       An employee may be transferred to a different normal place of work at any time by agreement or by the giving of reasonable notice provided that the relocation is reasonable in the circumstances and does not unreasonably disadvantage the employee. In the event of a dispute Clause 36, Grievance and Dispute Procedures, shall apply.

 

(f)       Where an employee is required to commence and/or finish work at a location away from the employee's normal place of work and the distance travelled is greater than the distance usually travelled by the employee between their place of residence and normal place of work, the employee shall be paid a travelling allowance for each journey of excess travel, according to the following scale, provided that reasonable transport is available:

 

EXCESS DISTANCE TRAVELLED	ENTITLEMENT
Less than 3kms	Nil
3km but not more than 10km	Table 2 of Part B
More than 10km but not more than 20km	Table 2 of Part B
More than 20km but not more than 33km	Table 2 of Part B
More than 33km but not more than 50km	Table 2 of Part B
Plus (See Table 2 of Part B) for each additional 10km in excess of 50kms.	Table 2 of Part B

 

Note: On and from 1 July 2014, an employee may be entitled to two travelling allowances on the one day.

 

(g)      For the purpose of this subclause a residence shall not be reckoned as such unless it is situated within the council area. Where the employee resides outside the council area the travelling allowance is payable from the council boundary of the employer by which they are employed.

 

(h)      For the purpose of this subclause distance shall mean the nearest trafficable route to work.

 

(i)       Where transport is provided by the employer the conveyance shall have suitable seating accommodation and a cover to protect the employees from the weather. Explosives shall not be carried on vehicles which are used for the conveyance of employees.

 

(j)       Where the employer and employee agree that the employee is to use their own vehicle to transport other employee(s) or materials to and/or from a worksite located away from the employee's normal place of work, a vehicle allowance for the use and depreciation of the vehicle shall be paid as follows:

 

	Kilometres travelled transporting other employee(s) or materials Cents per kilometre
internal combustion motor vehicle 2.5 litres (nominal engine capacity) and over	Table 2 of Part B
internal combustion motor vehicle under 2.5 litres (nominal engine capacity)	Table 2 of Part B
hybrid vehicle	Table 2 of Part B
electric vehicle	Table 2 of Part B

 

Such vehicle allowance shall be paid in addition to travelling allowances provided by this subclause.

For the purposes of this subclause, materials shall not include incidental items (including but not limited to keys, mobile phones, lap-top computers and personal protective clothing).

 

Where the employer provides transport but the employee elects to make their own travel arrangements, the vehicle allowances in this subclause shall not apply.

 

(k)      This subclause does not apply to employees who travel where management and employees agree on a flat rate per week to be paid for travelling. In the event of a dispute, the Grievance and Disputes Procedure in Clause 37 of this Award shall be applied.

 

(l)       This subclause does not apply to travelling involved in after hours on-call work or to employees recalled to work overtime.

 

(m)     Unless otherwise agreed, an employee shall not be entitled to travel related allowances except those provided for in this subclause. Nothing in this subclause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any existing travel arrangements.

 

(xi)     Camping Allowance

 

(a)       Employees who are required by the employer to camp out or where no reasonable transport facilities are available to allow them to proceed to and from their homes each day shall be paid a camping allowance at the rate set out in Table 2 of Part B for each night the employee camps out.

 

(b)      The employer shall pay the camping allowance in advance if requested, where the employer requires the employee to camp out for all of the rostered working days in a week. The employer shall be reimbursed the camping allowance that has been paid in advance excepting where the camp has been shortened or cancelled for reasons beyond the employee’s control.

 

(c)       When employees are required to camp, all travelling between their respective depots and camp site at the beginning and/or completion of the camp should be undertaken during normal working hours. If the employees are required to travel outside normal working hours they shall be paid the appropriate travelling allowance in accordance with subclause (x) of this clause.

 

(d)      All time occupied in setting up or in shifting camps during the ordinary working hours shall be paid for at ordinary rates. Should employees be required to shift camp at times other than during their ordinary hours of work they shall be paid time and a half rates for the time occupied.

 

(e)

 

(1)       The employer shall provide transport for employees, who are required to camp out from the employer depot at the commencement of each working week and to return to such depot at the finish of each working week or when the employees are camped for a period less than one week at the commencement and finish of the period in which the employees are required to camp out.

 

(2)       Notwithstanding (1) above, transport may be mutually arranged between the employer and the employee(s) and shall remain at all times with those employee(s) required to camp.

 

(f)       The employer shall provide free transport once each week to enable commodities for use in camp to be obtained by the employees from the nearest suitable location. For the purpose of this subclause, the camping allowance prescribed in paragraph (a) shall be payable to the employees so concerned.

 

(g)      No employee shall be required to camp without at least 24 hours' notice unless such employee agrees to do so.

 

(h)      Where reasonably practicable to do so the employer shall arrange for perishable foods to be purchased on the morning prior to the time of departure on that day.

 

(i)       Minimum standards of caravan accommodation to be provided to employees required to camp out are contained in Schedule 1 to this Award.

 

(j)       Where the employee is required to work more than five (5) hours onsite on the final day of camping out and a meal has not been provided by the employer, the employee shall be entitled to a meal allowance at the rate set out in Table 2 of Part B.

 

(xii)    Community Language, and Signing Work

 

(a)       Employees using a community language skill as an adjunct to their normal duties to provide services to speakers of a language other than English, or to provide signing services to those with hearing difficulties, shall be paid an allowance in addition to the salary system rate of pay as set out in Table 2 of Part B. The allowance may be paid on a regular or irregular basis, according to when the skills are used.

 

(b)      Such work involves an employee acting as a first point of contact for non-English speaking residents or residents with hearing difficulty. The employee identifies the resident's area of inquiry and provides basic assistance, which may include face-to-face discussion and/or telephone inquiry.

 

(c)       Such employees convey straightforward information relating to services provided by the employer, to the best of their ability. They do not replace or substitute for the role of a professional interpreter or translator.

 

(d)      Such employees shall record their use of a community language according to the employer’s established policy.

 

(e)       Where an employee is required by the employer to use community language skills in the performance of their duties:

 

·            The employer shall provide the employee with the opportunity to obtain accreditation from a language aide accreditation agency

 

·            Such training shall form part of the employer’s training plan and budget, in accordance with the requirements of Clause 33 of this Award

 

·            The employee shall be prepared to be identified as possessing the additional skill(s)

 

·            The employee shall be available to use the additional skill(s) as required by the employer.

 

(f)       Savings

 

These provisions identify minimum criteria only, and shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangement existing at the date the award was varied to give effect to this clause. They shall not however be cumulative upon such existing payments.

 

(xiii)   First Aid in the Workplace

 

General

 

(a)       The parties to the Award recognise that providing immediate and effective first aid to employees or others who have been injured or become ill at the workplace may reduce the severity of the injury or illness and promote recovery. In some instances it could mean the difference between life and death.

 

(b)      All employees must be able to access a first aid kit.

 

(c)       First aid requirements will vary from one workplace to the next, depending on the nature of the work, the type of hazards, the workplace size and location, as well as the number of people at the workplace. These factors must be taken into account when deciding what first aid arrangements need to be provided.

 

(d)      Employers must ensure that an adequate number of employees are trained to administer first aid at the workplace or that employees have access to an adequate number of other people who have been trained to administer first aid.

 

(e)       Employers are encouraged to make available to employees, training in basic first aid, which may include, for example, training in:

 

·            administering first aid;

 

·            Cardio Pulmonary Resuscitation (CPR); or

 

·            use of defibrillators.

 

For further information, refer to the SafeWork NSW ‘First aid in the workplace code of practice’.

 

First aid work allowance

 

(f)       Where an employee who holds an appropriate first aid qualification is appointed by the employer to perform first aid duty and be in charge of a first aid kit, such employee shall be paid a first aid allowance in addition to the salary system rate of pay, as set out in Table 2 of Part B, provided that:

 

(i)       If the employee works from home, they shall be paid the allowance on a pro-rata basis for each day they attend the employers premises.

 

(ii)      This clause shall not apply where it is a requirement of the position for the employee to hold an appropriate first aid qualification and perform first aid duty, if the skills have been paid for in accordance with the employer’s salary system.

 

(xiv)   Meal Allowance

 

(a)       A meal allowance set out in Table 2 of Part B shall be paid to employees instructed to work overtime:

 

(i)       for two hours or more prior to their agreed commencing time, or

 

(ii)      for two hours immediately after their agreed finishing time and after subsequent periods of four hours, or

 

(iii)     after each four hours on days other than ordinary working days provided that a meal allowance is not payable where, by agreement, a meal is provided by the employer.

 

(xv)     Civil Liability – Engineering Professionals

 

(a)       Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay.

 

(b)      This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSW) are paid for that change in work value.  This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level.

 

(c)       This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer.

 

(d)      Direct involvement in the application of engineering principles to the management of the employer’s assets includes:

 

·            the planning for;

 

·            designing;

 

·            maintenance;

 

·            replacing;

 

·            rehabilitation; or

 

·            disposing

 

of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW).

 

(e)       To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the Award.

 

(f)       The parties to the Award acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. 

 

(g)      From 1 January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-payment of the civil liability allowance shall be limited to the date on which the employee made the claim.  This subclause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or the salary system established by the employer.

 

(h)      This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award was varied to give effect to this clause.

 

(xvi)   Professional Engineers Registration and Recognition

 

In this clause Registered Professional Engineer means an employee who is assessed and registered as a Registered Professional Engineer by NSW Fair Trading or other government regulatory authority.

 

(b)      Where an engineering employee is required by an Act of Parliament to be a Registered Professional Engineer the employer must:

 

(1)       pay all reasonable costs associated with obtaining and/or maintaining such registration as a Registered Professional Engineer, including the cost of registration, assessment and continued professional development needed to retain such registration, and

 

(2)       grant leave, without loss of pay, for the employee to attend course requirements in accordance with subclause (iv) of Clause 33, Training and Development, of this Award.

 

(c)       The cost reimbursements and training requirements in subclause (b) shall continue to be observed while the employee is on paid leave and/or unpaid parental leave.

 

(d)      The employer may grant assistance to an engineering employee undertaking a course to obtain accreditation as a Chartered Professional Engineer, although not at the employer’s request, in accordance with subclause (v) of Clause 33 of this Award.

 

(xvii)  Accreditation of employees by NSW Fair Trading

 

(a)       Where an employee is required by the employer to be accredited by NSW Fair Trading under the Building and Development Certifiers Act 2018 (NSW) the employer shall:

 

(1)       pay the reasonable costs associated with obtaining and/or maintaining such accreditation, including the cost of accreditation fees and compulsory continued professional development training/course fees, and

 

(2)       grant paid leave to attend course requirements in accordance with subclause (iv) of Clause 33, Training and Development, of this Award.

 

(b)      Subclause (a) shall continue to be observed while the employee is on paid leave and/or unpaid parental leave.

 

(xviii) Additional Award Payment

 

(a)       Subject to subclause (xviii)(c) of this clause, an employee, other than a casual or temporary employee, with at least 12 months continuous service with the employer as at 30 June 2024, shall be paid a gross lump sum payment of $1000 or 0.5% of the employee’s annual salary system rate of pay as at 30 June 2024, whichever is the greater.  Such payment shall be made in the first full pay period to commence on or after 1 July 2024.

 

(b)      Subject to subclause (xviii)(c) of this clause, an employee, other than a casual or temporary employee, with at least 12 months continuous service with the employer as at 30 June 2025, shall be paid a gross lump sum payment of $1000 or 0.5% of the employee’s annual salary system rate of pay as at 30 June 2025, whichever is the greater.  Such payment shall be made in the first full pay period to commence on or after 1 July 2025.

 

(c)       Eligible permanent part-time employees shall receive the payments referred to in subclauses xviii(a) and xviii(b) of this clause on a pro-rata basis, based on the regular ordinary hours worked.

 

18.  Motor Vehicle Arrangements

 

A. VEHICLE ALLOWANCES

 

(i)       Where, by agreement, the employer requires an employee to use their own vehicle in or in connection with the performance of their duties for official business, such employee will be paid an allowance for each kilometre of authorised travel as follows:

 

(a)       internal combustion motor vehicle 2.5 litres (normal engine capacity) and over – refer to Table 2 of Part B;

 

(b)      internal combustion motor vehicle under 2.5 litres (normal engine capacity) – refer to Table 2 of Part B;

 

(c)       hybrid vehicle – refer to Table 2 of Part B;

 

(d)      electric vehicle – refer to Table 2 of Part B.

 

(ii)      The employer may require an employee to record full details of all such official travel requirements in a log book.

 

(iii)     Minimum quarterly payment – Where the vehicle is used for official business and is available continuously when the employee is on duty the employee shall be paid the allowance in subclause 18A(i)(b) but with a minimum payment as set out in Table 2 of Part B. Periods of sick leave in excess of 3 weeks, annual leave in excess of 4 weeks, long service leave, paid and unpaid parental or maternity leave shall not be counted when calculating the minimum quarterly payment.

 

(iv)     Where the vehicle is used for official business on an intermittent, irregular or casual basis, the employee shall be paid the allowance for the number of kilometres travelled on official business as set out in paragraph (i) only and shall not be entitled to the minimum payment as set out in paragraph (iii).

 

(v)       Any agreement to pay the allowance under this clause may only be terminated by 12 months’ notice by either party or by the employee's termination of employment.

 

B. leaseback VEHICLES

 

(i)       General

 

The parties to this Award recognise that leaseback vehicles may be provided to employees as a condition of employment (e.g. as an incentive for accepting employment) or as a discretionary benefit that is not a condition of employment.

 

A leaseback vehicle will be considered to be a condition of employment for an employee unless the employer can establish that it was not provided on such a basis at the time that it was provided.

 

Where an employer supplies an employee with a zero or low emissions vehicle the leaseback vehicle fee payable by the employee should reflect favourable FBT treatment where applicable.

 

(ii)      Termination of leaseback vehicle arrangements:

 

(a)       Condition of employment – Unless otherwise provided in this clause, where the employer and an employee enter into a leaseback vehicle arrangement and the employee is entitled to a leaseback vehicle as a condition of employment, the arrangement may only be terminated by agreement.

 

(b)      Not a condition of employment – Unless otherwise provided, where the employer and an employee enter into a leaseback vehicle arrangement and the employee is not entitled to a leaseback vehicle as a condition of employment, the employer shall give a minimum of six (6) months written notice of termination of the arrangement.

 

Notwithstanding the above, where the leaseback vehicle agreement was entered into prior to 1 November 2010, the employer shall give a minimum of 12 months’ notice to terminate the agreement.

 

(c)       Other – The employer may terminate or suspend access to a leaseback vehicle arrangement immediately on termination of employment, loss of licence, serious breach of the leaseback vehicle agreement or if the employee accepts a new position with the employer that does not include access to a leaseback vehicle.  The employer may also terminate or suspend a leaseback vehicle arrangement where an employee is demoted, for the period of demotion, provided that at least two weeks’ notice is given.

 

(iii)     Variation of leaseback vehicle arrangements:

 

(a)       Variations to leaseback arrangements – Proposals to vary leaseback vehicle arrangements, including the formula for calculating the leaseback vehicle fees shall be referred to the consultative committee in accordance with clause 34 of this Award, before a definite decision is made.

 

(b)      Variations to leaseback fees - Where an employer proposes to increase the leaseback fee an employee is required to pay in any twelve (12) month period by more than the percentage movement in the index figure published by the Australian Bureau of Statistics for Eight Capitals, private motoring sub-group (Cat No 6401.0), the employer shall provide in writing to the employee the reasons for the increase.

 

In any event the employer shall not increase the leaseback vehicle fee an employee is required to pay in any twelve (12) month period by more than 10%.

 

This subclause shall not apply where the leaseback vehicle fee is adjusted to reflect changes in the type of vehicle being used (including changes in vehicle options, the class, model or make of vehicle).

 

(c)       Variations in hours of work and/or extended periods of absence – Where an employee’s hours of work change significantly or the employee is absent on approved leave for an extended period, the employer and the employee shall discuss whether the employee will be allowed to retain possession of the vehicle and/or whether the leaseback vehicle fee is to be adjusted.  In the event that the leaseback vehicle fee is to be adjusted, subclause (v) above shall not apply.

 

In the absence of agreement, clause 37, Grievance and Disputes Procedures, shall apply.

 

C. NOVATED LEASES

 

A novated lease is a type of motor vehicle lease common in Australia between an employee, employer, and finance company, with the responsibility for the lease lying with the employee and the lease payments being made from the employee's pre-tax income.

The employer shall not make it a job requirement that an employee enter into a novated lease agreement for the use of a motor vehicle.

 

19.  Residence

 

Where an employee is supplied by the employer with a residence, it shall be of a reasonable standard. The rental value of such residence shall be agreed upon between the employer and the employee. The rental value as agreed may be deducted from the pay of the employee.

 

20.  Hours of Work

 

A. ORDINARY HOURS

 

(i)       Except as otherwise provided, the ordinary hours of work shall be 38 hours per week arranged on one of the following bases:

 

·            38 hours within one week provided that at least two days off shall be granted; or

 

·            76 hours within two weeks provided that at least four days off shall be granted; or

 

·            114 hours within three weeks provided that at least six days off shall be granted; or

 

·            152 hours within four weeks provided that at least eight days off shall be granted.

 

(ii)      The ordinary hours of work for employees engaged in the following functions shall be 35 hours per week:

 

·            Administration;

·            Building Surveying;

·            Community Services (Professional/Specialist Band 3);

·            Engineering (Professional and Trainees);

·            Executive Band;

·            Finance;

·            Health Surveying;

·            Library;

·            Public Relations;

·            Technical Services; and

·            Town Planning.

 

The ordinary hours for employees working 35 hours per week shall be arranged on one of the following bases:

 

·            35 hours within one week provided that at least two days off shall be granted; or

·            70 hours within two weeks provided that at least four days off shall be granted; or

·            105 hours within three weeks provided that at least six days off shall be granted; or

·            140 hours within four weeks provided that at least eight days off shall be granted.

 

(iii)     Except as otherwise provided, the ordinary hours for all employees shall be between Monday and Sunday.

 

(iv)     Where the employer seeks to alter the spread of ordinary hours for a new or vacant position from Monday to Friday to Monday to Sunday for any of the following functions:

·            Crematoriums and Cemeteries;

·            Road Constructions and Maintenance;

·            Sale Yards;

·            Stores and Depots;

·            Trade functions;

·            Building Surveyors;

·            Engineering (Professional and Trainees);

·            Finance;

·            Health Surveyors;

·            Town Planning; and

·            General Administration

 

(a)       The employer shall refer the proposal to alter the spread of ordinary hours to the consultative committee prior to advertising the new or vacant position(s); and

 

(b)      If the employer is satisfied that there are suitably qualified employees employed by the employer that can be redeployed to the new or vacant position(s) the employer shall call for expressions of interest from those employees for redeployment into the new or vacant position(s).

 

(c)       Employees employed prior to 1 July 2014 in the functions of Crematoriums and Cemeteries; Road Construction and Maintenance; Sale Yards; Stores and Depots; and Trade Functions, whose ordinary hours of work are from Monday to Friday shall not be compelled to agree to work ordinary hours of work on Saturdays and/or Sundays.

 

(d)      Employees employed prior to 1 July 2020 in the functions of Building Surveyors; Engineering (Professional and Trainees); Finance; Health Surveyors; Town Planning; and General Administration, whose ordinary hours of work are from Monday to Friday shall not be compelled to agree to work ordinary hours of work on Saturdays and/or Sundays.

 

(v)       An employee’s commencement and/or finishing times may be altered by agreement or by the employer with the provision of reasonable notice where there are genuine operational or safety reasons supporting the variation.  For the purpose of this sub-clause, reasonable notice shall be determined having regard to:

 

·            the employee’s personal circumstances including any family and carer responsibilities; and

 

·            the needs of the workplace, including any genuine operational or safety reasons.

 

Unless otherwise agreed, at least two weeks prior to the proposed alteration the employer shall provide the employee with the reasons for the proposed alteration to commencement and/or finishing times in writing.  At least one week prior to the proposed alteration the employee shall provide reasons in writing if they do not agree with the proposed alteration, provided that an employee shall not unreasonably withhold agreement. In the event of a dispute, Clause 36, Grievance and Disputes Procedures, shall apply.

 

This subclause only applies in relation to changes to commencement and/or finishing times and does not apply to changes in the days that an employee is required to work.

 

(vi)     The day of a rostered day off can be altered by mutual consent at any time and may be altered by the employer on two weeks’ notice where there are genuine operational or safety reasons and the alteration does not unreasonably disadvantage the employee. Where an employee works on a rostered day off, Clause 20A Overtime shall apply.

 

(vii)    An employee will not be required to work more than five (5) hours without receiving an unpaid meal break of at least 30 minutes.  Thereafter, a paid meal break not exceeding 20 minutes shall be given and taken after a further five hours continuous work. By agreement, or in the case of unforeseen circumstances (including where the taking of the meal break would cause unreasonable interference in operations), the meal break may be delayed and shall be taken as soon as practicable, subject to the observance of appropriate work health and safety standards.

 

(viii)   Ordinary hours of work shall not exceed twelve (12) hours in any one-day exclusive of unpaid meal breaks.

 

B. SATURDAY AND SUNDAY WORK

 

(i)       Except as otherwise provided, ordinary hours worked on a Saturday shall attract a 25% penalty in addition to the hourly salary system rate of pay and ordinary hours worked on a Sunday shall attract a 50% penalty in addition to the hourly salary system rate of pay.

 

(ii)      The ordinary hours worked by employees engaged in the following functions shall attract a 50% penalty in addition to the hourly salary system rate of pay for work on a Saturday and a 100% penalty in addition to the hourly salary system rate of pay for work on a Sunday:

 

·            Beach inspectors;

·            Cleaning;

·            Crematoriums and Cemeteries;

·            Garbage;

·            Mechanical Trades (Workshops);

·            Parks and Reserves;

·            Rangers and parking officers;

·            Road Construction and Maintenance;

·            Sale Yards;

·            Sanitary;

·            Sewerage;

·            Stores and Depots;

·            Sullage;

·            Trade functions:

·            Waste; and

·            Water.

 

(iii)     An employee may request to work ordinary hours on a Saturday and/or a Sunday in lieu of the ordinary hours the employee would otherwise be rostered to work.

 

(a)       An employee’s request must be in writing and must outline a period within which the arrangement is to be reviewed;

 

(b)      The employer will not unreasonably withhold agreement to such a request;

 

(c)       Any such agreement shall not apply to new or vacant provisions;

 

(d)      Where an employee requests to work ordinary hours on a Saturday and/or a Sunday under the provisions of this subclause, the employer shall not be required to pay the penalty rate provided by subclauses (i) and/or (ii).

 

C. SHIFT WORK

 

(i)       Except as otherwise provided ordinary hours worked outside the span of 6:00am to 6:00pm Monday to Friday shall attract a 20% shift penalty in addition to the hourly salary system rate of pay for the actual time worked outside the span of hours specified in this subclause.

 

(ii)      Subject to subclause 20C(iii), employees engaged in the following functions will be entitled to a 20% shift penalty in addition to the hourly salary system rate of pay for the actual time worked outside the following times:

 

Aerodromes	5:00am to 10:00pm
Caretakers	5:00am to 10:00pm
Childcare and community care	5:00am to 8:00pm
Cleaners	5:00am to 9:00pm
Entertainment, Events, Theatres and Hospitality	5:00am to 11:00pm
Libraries	8:00am to 9:00pm
Leisure Centres	5:00am to 11:00pm
Media and communication	5:00am to 11:00pm
Museums and galleries	5:00am to 9:00pm
Parking Station Attendants	6:00am to 10:00pm
Pools	5:00am to 11:00pm
Rangers and parking officers	5:00am to 10:00pm
Security/watchpersons	5:00am to 10:00pm

 

(iii)     Notwithstanding the provisions in subclause 20(c)(ii), employees employed prior to 1 July 2020 in the following functions shall retain their entitlement to a shift penalty in addition to their hourly salary system rate of pay as it existed under the Local Government (State) Award 2017:

 

(a)       Childcare and community care;

 

(b)      Entertainment, Events, Theatres and Hospitality;

 

(c)       Media and communication; and

 

(d)      Museums and galleries

 

(iv)     Shift penalties shall be payable for ordinary work performed between Monday and Friday and shall not be paid on weekends.

(v)       With the exception of staff engaged in the function of street sweeping, employees in receipt of the Level 2 Adverse Working Conditions allowance provided under clause 17(ii) of this Award shall not also receive shift penalties for work performed outside the hours of 6:00am to 6:00pm Monday to Friday as provided by subclause (i).

 

(vi)     An employee may request to work ordinary hours outside the span of 6:00am and 6:00pm or any of the other spans detailed in clause 20C(ii), in lieu of the ordinary hours the employee would otherwise be rostered to work.

 

(a)       An employee’s request must be in writing and must outline a period within which the arrangement is to be reviewed;

 

(b)      The employer will not unreasonably withhold agreement to such a request;

 

(c)       Any such agreement shall not apply to new or vacant positions;

 

(d)      Where an employee requests to work ordinary hours outside the relevant span of hours the employer shall not be required to pay a shift penalty for the actual time worked.

 

D. FACILITATIVE PROVISIONS

 

The employer and the Union may agree on hours of work, weekend penalties and shift penalties other than those prescribed in this clause.

 

21.  Overtime

 

A. GENERAL

 

(i)       Except where otherwise provided all time worked by direction before the agreed commencement of ordinary hours, or later than the agreed completion of ordinary hours, shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

 

(ii)      Overtime worked on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided any overtime worked after 12 noon Saturday shall be at double time.

 

(iii)     Overtime worked on Sunday shall be paid for at the rate of double time.

 

(iv)     Overtime shall be claimed within 30 days of it being worked. The employer shall keep a record of such overtime. Accrued time in lieu of overtime shall not be forfeited and shall be paid at the appropriate overtime rate on termination or at other agreed time.

 

(v)       An employee (other than a casual) who:

 

(a)       works four or more hours overtime after the completion of an ordinary shift and does not receive ten (10) consecutive hours off duty in the fourteen (14) hours immediately preceding the commencement of their next ordinary shift, or

 

(b)      works overtime after the completion of two consecutive ordinary shifts without receiving ten (10) consecutive hours off duty,

 

shall be released after the completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If an employee is instructed to resume work without receiving the ten consecutive hours off duty, the employee shall be paid at double time until released from duty and then shall be entitled to a ten-hour break without loss of pay.

 

Remote response – This subclause shall not apply where an employee works for less than four hours remote response on any one day.

 

(vi)

 

(a)       Where there is prior agreement between the employer and the employee, an employee directed to work in excess of ordinary hours may elect either to be paid the appropriate overtime rate or be granted time in lieu equivalent to the actual hours worked.

 

(b)      The employer may direct an employee to take accrued time in lieu of overtime by the giving of at least two (2) weeks’ notice in the following circumstances:

 

(1)       Where the employee has accumulated in excess of one (1) weeks’ time in lieu of overtime or,

 

(2)       A period of annual close down of up to and including two (2) weeks where the employee does not have sufficient annual leave to cover the relevant close down period.  The employer shall be able to rely on this provision prior to considering the provision of meaningful alternate duties.

 

(c)       Time in lieu of overtime accruals standing to an employee’s credit on termination of employment shall be paid at the appropriate overtime rate.

 

(vii)    Employees classified in the Executive Band 4 of this Award may be required, in addition to their ordinary hours, to attend meetings of council and standing and/or special committee meetings. For the purpose of this subclause, an employee who is required to attend meetings of the council and standing and/or special committee meetings shall be entitled to claim overtime for actual hours worked after 11:00 pm.

 

(viii)

 

(a)       Subject to paragraph (b), the employer may require an employee to work reasonable overtime at overtime rates.

 

(b)      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)       For the purposes of paragraph (b), what is unreasonable or otherwise will be determined having regard to:

 

·            any risk to the employee;

 

·            the employee’s personal circumstances including any family and carer responsibilities;

 

·            the needs of the workplace;

 

·            the notice, if any, given by the employer of the overtime and by the employee of their intention to refuse it; and

 

·            any other matter.

 

b. Excess hours AGREEMENTS

 

(i)       Subject to subclause (ii) of this clause, the employer and an individual employee in Professional/Specialist Band 3 or Executive Band 4 may agree to an ‘Excess Hours Agreement’ whereby the employee is paid an allowance of at least ten (10) percent of the employee’s weekly salary system rate of pay in substitution for all overtime penalties under this Award.

 

(ii)      An employee shall be entitled to overtime in accordance with Clause 21A of this Award where the employee is directed to work additional hours that are in excess of the hours of work reasonably contemplated by the employer and the employee at the time the Excess Hours Agreement was made. The hours of work reasonably contemplated by the employer and the employee shall be determined having regard to the quantum of the allowance paid.

 

(iii)     Where the employer and an engineering professional employee who satisfies the eligibility criteria for payment of the civil liability allowance at subclause 17(xv) of this Award agree to an Excess Hours Agreement, the employee shall continue to be paid the civil liability allowance in addition to any allowance that is payable under the Excess Hours Agreement.

 

(iv)     An Excess Hours Agreement is subject to the following conditions:

 

(a)       An employee who can demonstrate that they are required to routinely work unpaid additional hours in order to fulfil the requirements of their position has the right to request, in writing, to enter into an Excess Hours Agreement. Where the employer does not agree to the request the employer shall discuss the request with the employee with a view to reaching agreement on:

 

(1)       reasonable ways to reduce the excess unpaid hours or

 

(2)       alternative ways of compensating the employee for the excess hours.

 

In the event that no agreement is reached, the employer shall advise the employee, in writing, of the arrangements that will be made so that they are no longer required to work the excess hours.

 

(b)      The employer and the individual employee must have genuinely made the Excess Hours agreement without coercion or duress.

 

(c)       The Excess Hours Agreement must:

 

(1)       be in writing;

 

(2)       name the parties to the agreement and be signed by the employer and the individual employee;

 

(3)       result in the employee being better off overall in comparison to the Award at the time the agreement is made than the employee would have been if no Excess Hours Agreement had been agreed to;

 

(4)       state the date the agreement commences to operate.

 

(d)      The employee shall work such reasonable hours as are necessary to carry out the duties and functions of the position and the employee’s obligations under their contract of employment, provided that the employee may refuse to work additional hours in circumstances where the working of such additional hours would result in the employee working hours which are unreasonable. For the purposes of this subclause, what is unreasonable or otherwise will be determined having regard to:

 

·            any risk to the employee;

 

·            the employee’s personal circumstances including any family and carer responsibilities;

 

·            the needs of the workplace;

 

·            the notice, if any, given by the employer of the requirement for the employee to work additional hours and by the employee of their intention to refuse it; and

 

·            any other matter.

 

(e)       The employer may require the employee to attend work for the employer during core business hours and to attend meetings of the council/employer and standing and/or special committee meetings, provided that such requirement does not result in the employee working hours which are unreasonable.

 

(f)       The employer must give the individual employee a copy of the agreement and keep the original signed agreement as a time and wages record.

 

(g)      An employer seeking to enter into an agreement under this clause must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

 

(v)       An Excess Hours Agreement may be terminated:

 

(a)       by the employer or the individual employee giving 28 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

 

(b)      at any time, by written agreement between the employer and the individual employee.

 

(vi)     The allowance paid under this clause shall be paid for all purposes of the Award but shall not attract any penalty.

 

C. ON CALL

 

(i)       The on-call allowance compensates employees for the requirement to be available for duty outside of ordinary hours at all times in order to attend emergency and/or breakdown work and/or supervise the call-out of other employees.

 

(ii)      Subject to subclause (iv) of this clause, employees required to be on call on days when they would ordinarily work, or would have ordinarily worked but for a public holiday, in accordance with Clause 20, Hours of Work, shall be paid an on call allowance at a rate set out in Table 2 of Part B of this Award for each such day the employee is required to be on call.

 

(iii)     Subject to subclause (iv) of this clause, employees required to be on call on days other than their ordinary working days shall be paid an on-call allowance at a rate set out in Table 2 of Part B of this award for each such day the employee is required to be on call.

 

(iv)     The on-call allowances in subclauses (ii) and (iii) of this clause shall not total more than the rate set out in Table 2 of Part B of this award for any one week.

 

(v)       Employees who are required to be on-call are not required to remain at their usual place of residence or other place appointed by the employer. However, an on-call employee must be able to be contacted and be able to respond in a timely manner. Employees who are unable to respond in a timely manner may at the discretion of the employer be removed from an on-call roster.

 

(vi)     Employees on call who are required to work outside their ordinary hours shall be entitled to be paid overtime at the appropriate rate for the actual time worked.  Subject to subclause 21C(vii), actual time worked shall be deemed to include ‘travelling time’ by the most direct route from:

 

(a)       the location where an employee departs to the place of overtime work, and

 

(b)      the place of overtime work to the employee’s normal place of residence.

 

(vii)    Where an employee resides outside of the employer’s local government area, the employer and employee may agree, in writing, that the ‘travelling time’ to and from the place of           overtime work commences and ends at the boundary of the employer’s local government area, provided that an employee who was required to be included on the on-call roster as at 1 July 2020 and whose residence was located outside of the employer’s local government area shall not suffer any reduction to their award entitlement for recognition of travel time while the employee continues to reside at that residence.

 

(viii)   Unless otherwise provided, the overtime paid to an employee that is required to return to work whilst on-call shall not be less than thirty (30) minutes per day on which they are called out inclusive of paid travel time.

 

(ix)     On call employees are not subject to the minimum payment provisions of a public holiday. For each public holiday an employee is required to be on-call, the employee shall be granted one-half day’s leave to be taken at an agreed time, provided that where there is prior agreement the employer may pay the employee an additional one-half day’s pay in lieu of the one-half day’s leave.

 

D. CALL BACK

 

(i)       For the purposes of this Award, an employee shall be deemed to be on a call back if the employee is recalled to work overtime without receiving notice before ceasing work.

 

(ii)      Any employee who is called back to work as defined in subclause (i) shall be paid for a minimum of four hours work at the appropriate overtime rate for each time so recalled. Provided that any subsequent call backs occurring within a four hour period of a call back shall not attract any additional payment. An employee working on a call back shall be paid the appropriate overtime rate from the time that such employee departs for work.

 

Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job that the employee was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where the call back is continuous subject to a reasonable meal break with the commencement of ordinary hours.

 

E. REMOTE RESPONSE

 

(i)       An employee who is in receipt of an on call allowance and available to immediately:

 

(a)       respond to phone calls or messages;

 

(b)      provide advice (‘phone fixes’);

 

(c)       arrange call out/rosters of other employees; and

 

(d)      remotely monitor and/or address issues by remote telephone and/or computer access,

will be paid the applicable overtime rate for the time actually taken in dealing with each particular matter, except where the employee is recalled to work.

 

Note: subclause 21C(vi) applies where an on-call employee is recalled to work.

 

(ii)      An employee remotely responding will be required to maintain and provide to the employer a time sheet of the length of time taken in dealing with each matter remotely for each day commencing from the first remote response. The total overtime paid to an employee for all time remotely responding in any day commencing from the first response will be rounded up to the nearest 15 minutes.

 

(iii)     The employer may, by agreement, make an average payment equivalent to an agreed period of time per week where the employee is regularly required to remotely respond as defined in subclause (i) of this clause.

 

F. Right to disconnect

 

(i)       Employees have a right to disconnect from work during non-working time.

 

(ii)      Supervisors and managers must respect employees’ periods of leave and rest days and right to disconnect from work during non-working time.

 

(iii)     Employees (other than on-call employees) are not required to read or respond to work emails or phone calls outside their working hours.

 

(iv)     The provision of a mobile phone or laptop computer to an employee does not mean they are on-call or expected to be available outside their working hours.

 

22.  Holidays

 

A. GENERAL

 

(i)       Public holidays are provided for in the Public Holidays Act 2010 (NSW) as amened from time to time. This clause supplement or deals with matters incidental to the Public Holidays Act 2010 (NSW).

 

(ii)      Employees who are Aboriginal and Torres Strait Islanders shall be entitled to one public holiday during NAIDOC week so that they can participate in National Aboriginal and Islander Day celebrations.  Eligible employees shall provide the employer with at least seven (7) days’ notice of their intention to take the holiday in accordance with this subclause, provided that if less than seven (7) days’ notice is given such leave shall not be unreasonably refused.

 

(iii)     Where a public holiday falls on a day ordinarily worked by the employee, the employee shall not have a reduction in ordinary pay.

 

(iv)     Except as otherwise provided, where an employee is required to work on public a holiday the employee shall be paid at double time and a half inclusive of payment for the day.

 

(v)       All employees classified in the Operational Band 1 of this Award employed in garbage, sanitary and sullage (other than the supervisor) who are required to work on Good Friday or Christmas Day shall be paid at triple time inclusive of payment for the day with a minimum payment of four hours work.

 

(vi)     Except as otherwise provided, where an employee, other than a casual, is required to work on a public holiday, the employee shall be paid a minimum payment of four hours worked.  A casual employee will not be offered work on a public holiday if a permanent employee is available to work on the public holiday.

 

(vii)    Where an employee is required to work ordinary hours on a public holiday, the employer and the employee may agree that the employee be paid time and a half for the hours worked on the public holiday and in addition, be granted equivalent time off in lieu to be paid at ordinary time for each public holiday worked. Such leave shall be taken at a mutually convenient time.

 

(viii)   If a rostered day off falls on a public holiday, the next working day will be substituted, or another day by agreement, except for employees engaged on a seven (7) day a week rotating roster system.

 

(ix)     An employee who prior to the operative date of this award was entitled to move a day off which was not a rostered day off where it fell on a public holiday shall retain that right.

 

(x)       The employer may direct an employee to take accrued time in lieu for work on a public holiday by the giving of at least two (2) weeks’ notice in the following circumstances:

 

(a)       Where the employee has accumulated in excess of one (1) weeks’ time in lieu for work on a public holiday, or where the employee has accumulated a total of in excess of one (1) weeks’ time in lieu when combining:

 

(1)       time in lieu for work on public holiday’s; and

 

(2)       time in lieu of overtime under subclause 21A(vi)(a).

 

(b)      A period of annual close down of up to and including two (2) weeks where the employee does not have sufficient annual leave to cover the relevant close down period.  The employer shall be able to rely on this provision prior to considering the provision of meaningful alternate duties.

 

B. UNION PICNIC DAY

 

(i)       Union Picnic Day shall for all the purposes of this Award be regarded as a public holiday for employees who are financial members of the union(s). The Union Picnic Day shall be on such day as is agreed between the employer and the union(s).

 

(ii)      The union(s) shall advise the employer of financial members as at the time of the Union Picnic Day. Such advice must be given at least two weeks prior to the Union Picnic Day.

 

(iii)     Employees who are not financial members of the union(s) and who are required to work on Union Picnic Day, shall be paid ordinary pay for their normal working day.

 

(iv)     Employees who are not financial members of the union(s) and who are not required to work on Union Picnic Day, may apply to the employer to take annual leave, long service leave, time off in lieu of overtime, leave without pay, such other leave as may be approved by the employer, or may be required by the employer to make up time.

 

23.  Leave Provisions

 

A. SICK LEAVE

 

(i)       Employees who are unable due to illness or injury to attend for duty shall be entitled during each year of service to sick leave of 3 weeks at ordinary pay.

 

(ii)      Where a person is employed on a fixed-term or temporary basis of less than twelve (12) months duration the employee shall be entitled to one (1) weeks sick leave on commencement.  The employee shall be entitled to a further one (1) weeks sick leave after each four (4) months of continuous service.

 

(iii)     The entitlement to sick leave is subject to the employer being satisfied that the illness or injury;

 

(a)       is such that it justifies the time off; and

 

(b)      does not arise from engaging in other employment.

 

(iv)     The employer may require an employee to provide proof that the illness or injury is such that it justifies the time off work, subject to the following:

 

(a)       In each year of service proof of illness or injury to justify payment shall not be required for the first 3 separate periods of absence, provided such periods are not more than 2 working days, unless:

 

(1)       It is reasonable for the employer to require the employee to provide proof of illness or injury having regard to the employee’s pattern of sick and/or amount of sick leave taken by the employee, and

 

(2)       The employer has provided the employee with prior written notice of the requirement to provide proof of illness or injury.

 

(b)      The type of proof of injury or illness required by the employer must be reasonable having regard to the circumstances of the employer and the employee and may include, for example, certification from a qualified medical/health practitioner registered with the appropriate government authority or statutory declaration; and

 

(c)       when requested, proof of illness shall indicate the employee's inability to undertake their normal duties.

 

(v)       The employer may require employees to attend a qualified medical/health practitioner nominated by the employer at the employer's cost.

 

(vi)     Sick leave shall accumulate from year to year so that any balance of leave not taken in any one year may be taken in a subsequent year or years.

 

(vii)    The employer may, at its discretion, grant an employee sick leave at half pay if satisfied that extenuating circumstances exist.  Where a public holiday falls during a period of sick leave at half pay, the public holiday shall also be paid at half pay.  Further, all entitlements shall accrue during periods of sick leave at half pay on a proportionate basis.

 

(viii)   Accumulated sick leave shall be transferable on change of employment from employer to employer within New South Wales up to 13 weeks, provided that an employee shall only be entitled to transfer sick leave accumulated since the employee's last anniversary date on a pro-rata basis. Such accumulated sick leave shall only be transferable if the period of cessation of service with the employer and appointment to the service of another employer does not exceed three months. The sick leave entitlement transferred shall not exceed the maximum amount transferable as prescribed by the appropriate award at the time of transfer.

 

(ix)     Where an employee has had five (5) years' service with the present employer and the sick leave entitlement as prescribed has been exhausted, that employer may grant such additional sick leave as, in its opinion, the circumstances may warrant.

 

(x)       Section 50 of the Workers Compensation Act 1987 (NSW) dealing with the relationship between sick leave and workers compensation applies.

 

(xi)     Where an employee had an entitlement under awards rescinded and replaced by this Award for the payment of unused sick leave arising out of the termination of employment due to ill-health or death and where such entitlement existed as at 15 February 1993 the following provisions shall apply

 

(a)       In the event of the termination of service of an employee on account of ill health and the employer is satisfied that such ill-health renders the employee unable in the future to perform the duties of such appointed classification, the termination shall not be effected earlier than the date on which the employee's credit of leave at full pay shall be exhausted unless the employee is paid any accrued sick leave at full pay to which such employee would be entitled under this clause.

 

(b)      When the service of an employee is terminated by death, the employer shall pay to the employee's estate, the monetary equivalent of any untaken sick leave standing to the employee's credit at the time of death.

 

(c)       Payment under this clause is limited to sick leave calculated to retirement age in accordance with relevant legislation and shall not be payable if the injury or illness arises out of or in the course of employment such that it is compensable under the Workers Compensation Act 1987 (NSW).

 

(d)      For the purposes of this subclause such entitlement to payment of untaken sick leave shall be paid be in accordance with clause 14 of Schedule 4 of the Industrial Relations Act 1996 (NSW).

 

(xii)    This sub-clause applies where an employer is satisfied that an employee has a terminal illness being a diagnosed disease or condition which cannot be cured and is likely to lead to death.  The sub-clause is also limited in application to those employees who are not covered by subclause (xi) above.  In the event that such an employee is unable to attend work or perform the duties of the position in the foreseeable future on account of their condition, then the employee shall be entitled to request continued access to the employee’s accrued sick leave until the leave is exhausted, the employee dies or the employee uses 48 weeks of accrued sick leave whichever occurs first. The employer shall not unreasonably refuse such a request.

 

B. CARER'S LEAVE

 

(i)       Use of Sick Leave: An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause (v)(b) below who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 23A, Sick Leave of this Award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(ii)

 

(a)       Carer’s leave is not intended to be used for long term, ongoing care. In such cases, the employee is obligated to investigate appropriate care arrangements where these are reasonably available.

 

(b)      Where more than two weeks carers leave in any year of service is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

(c)       Where the parties are unable to reach agreement the grievance and disputes procedures at Clause 37 of this Award should be followed.

 

(iii)     In normal circumstances, an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.

 

(iv)     The employer may require the employee to provide proof of the need for carer’s leave as follows:

 

(a)       Less than two weeks – Where less than two weeks carers leave in any year of service is sought to be used for caring purposes the employer may require the employee to establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person; or

 

(b)      More than two weeks – Where more than two weeks carers leave in any year of service is sought to be used for caring purposes the employer may require the employee to produce a medical certificate from a qualified medical/health practitioner showing the nature of illness of the person concerned and such other information as may be reasonably necessary to demonstrate that the illness is such as to require care by the employee and that no other appropriate care arrangements are reasonably available, or

 

(c)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

(v)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)       the employee being responsible for the care of the person concerned; and

 

(b)      the person concerned being:

 

(1)       a spouse of the employee; or

 

(2)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person, or

 

(3)       a child or an adult child (including an adopted child, a step child, foster child or an ex nuptial child), parent (including a foster parent, step parent and legal guardian), parents of spouse, grandparent, grandchild or sibling (including half, foster and step sibling) of the employee or spouse or de facto spouse of the employee; or

 

(4)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)       a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(a)       'relative' means a person related by blood, marriage or affinity;

 

(b)       'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(c)       'household' means a family group living in the same domestic dwelling.

 

(vi)     An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a person who is ill or who requires care due to an unexpected emergency.

 

(vii)    An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(viii)   Carer’s Entitlement for Casual Employees

 

(a)       Subject to the evidentiary and notice requirements in subclauses (iv) and (vii) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause (v)(b) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(b)      The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not to engage a casual employee are otherwise not affected.

 

(ix)     Time off in Lieu of Payment for Overtime: An employee may, with the consent of the employer, elect to take time in lieu of payment of overtime accumulated in accordance with the provisions of Clause 21A of this Award for the purpose of providing care and support for a person in accordance with subclause (v) above.

 

(x)       Make-up time: An employee may elect, with the consent of the employer, to work 'make-up time', under which the employee takes time off during ordinary hours, and works those hours at a later time, within the spread of ordinary hours provided in the Award, at ordinary pay for the purpose of providing care and support for a person in accordance with subclause (v) above.

 

(xi)     Annual Leave and Leave Without Pay: An employee may elect with the consent of the employer to take annual leave or leave without pay for the purpose of providing care and support for a person in accordance with subclause (v) above. Such leave shall be taken in accordance with Clause 23D, Annual Leave and Clause 23L, Special Leave of this Award.

 

(xii)    An employee, other than a casual employee, with responsibilities for an assistance animal, may in accordance with this subclause, use any current or accrued sick leave entitlement, for absences where an assistance animal that is ill or injured requires veterinary care.

 

For the purposes of this subclause an ‘assistance animal’ is defined in a manner consistent with section 9 of the Disability Discrimination Act 1992 (Cth) to be guide dogs, hearing assistance dogs and trained animals (excluding working dogs) that are trained:

 

(a)       to assist a person with a disability to alleviate the effect of the disability; and

 

(b)      to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

 

c. EMERGENCY SERVICES LEAVE

 

(i)       Subject to subclause (ii) of this clause, an employee, other than a casual, who engages in a ‘voluntary emergency management activity’ shall be entitled to up to five (5) days paid emergency services leave per calendar year from their accrued sick leave balance to participate in such activity.

 

(ii)      An employee is not entitled to paid emergency services leave under this clause if:

 

(a)       the employee has less than 12 months continuous service with the employer; or

 

(b)      the taking of the emergency services leave will result in the employee having an accumulated sick leave balance of less than three (3) weeks.

 

Note: An employee who does not qualify for Emergency Services Leave under this clause may apply for special leave under clause 23L of this Award.

 

(iii)     For the purposes of this clause, an employee engages in a ‘voluntary emergency management activity’ if, and only if:

 

(a)       the employee engages in an activity that involves dealing with an emergency or natural disaster; and

 

(b)      the employee engages in the activity on a voluntary basis (Note: the activity is not on a voluntary basis if the employee receives remuneration from the recognised emergency management body for lost wages or salary); and

 

(c)       the employee is a member of, or has a member‑like association with, a recognised emergency management body; and

 

(d)      either:

 

(1)       the employee was requested by or on behalf of the body to engage in the activity; or

 

(2)       no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.

 

(iv)     For the purposes of this clause, a ‘recognised emergency management body’ is:

 

(a)       a body, or part of a body, that has a role or function under a plan that:

 

(1)       is for coping with emergencies and/or disasters; and

 

(2)       is prepared by the Commonwealth, a State or a Territory; or

 

(3)       a fire‑fighting, civil defence or rescue body, or part of such a body; or

 

(b)      any other body, or part of a body, a substantial purpose of which involves:

 

(1)       securing the safety of persons or animals in an emergency or natural disaster; or

 

(2)       protecting property in an emergency or natural disaster; or

 

(3)       otherwise responding to an emergency or natural disaster.

 

(v)       For the purposes of this clause, an ‘emergency’ means an event, actual or imminent, which endangers or threaten to endanger life, property or the environment and which requires a significant and coordinated response.

 

(vi)     The employer may require proof of participation in the voluntary emergency management activity to justify payment under this clause.

 

D. ANNUAL LEAVE

 

Amount of Annual Leave

 

(i)       For each year of service an employee (other than a casual) is entitled to:

 

(a)       4 weeks of paid annual leave; or

 

(b)      5 weeks of paid annual leave if the employee is regularly required to work a seven day a week rotating roster system.

 

Accrual of leave

 

(ii)

 

(a)       An employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

 

(b)      Paid annual leave accrues up to when the employment ends.

 

Taking paid annual leave

 

(iii)     Unless otherwise provided, paid annual leave may be taken for a period agreed between the employee and the employer.

 

(iv)     The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

 

Annual leave at full pay, half pay or double pay

 

(v)

 

(a)       This subclause applies to an employee who is an employee of a ‘council’ within the meaning of the Local Government Act 1993 (NSW).

 

(b)      An employee who is entitled to annual leave may, with the consent of the employer, take annual leave:

 

(1)       on full pay; or

 

(2)       on half pay; or

 

(3)       on double pay.

 

(c)       When an employee takes annual leave, the leave entitlement will be deducted on the following basis:

 

(1)       a period of leave on full pay – the number of days so taken; or

 

(2)       a period of leave on half pay – half the number of days so taken; or

 

(3)       a period of leave on double pay – twice the number of days so taken.

 

(d)      When an employee takes annual leave, the period of service for the purpose of leave accruals shall be as follows:

 

(1)       a period of leave on full pay – the number of days so taken; or

 

(2)       a period of leave on half pay – half the number of days so taken; or

 

(3)       a period of leave on double pay – the number of days so taken.

 

(e)       The entitlement to taken annual leave at double pay is only available to an employee if, after taking the period of leave, the employee will have an accrued annual leave entitlement of not less than four (4) weeks.

 

(f)       Employees that take annual leave at half pay or double pay shall not be disadvantaged nor obtain a windfall gain in relation to superannuation contributions.

 

Payment in lieu of annual leave

 

(vi)

 

(a)       This subclause applies to an employee who is an employee of a ‘council’ within the meaning of the Local Government Act 1993 (NSW).

 

(b)      An employee and an employer may agree to a payment in lieu of a period of annual leave to which the employee is entitled only if:

 

(1)       after the payment the employee will have an accrued annual leave entitlement of not less than four (4) weeks; and

 

(2)       the payment in lieu of a period of annual leave is not less than the employee’s ordinary pay.

 

(c)       Periods of annual leave that are cashed out shall not attract any accruals.

 

(d)      Employees that are paid in lieu of annual leave shall not be disadvantaged nor obtain a windfall gain in relation to superannuation contributions.

 

Requirement to take annual leave

 

(vii)    The employer may direct an employee to take annual leave by giving at least four weeks prior notification in the following circumstances:

 

(a)       where the employee has accumulated in excess of eight weeks annual leave

 

(b)      a period of annual close-down of up to and including two (2) weeks.

 

Provided that:

 

(1)       Where an employee has accrued more annual leave than the period of the annual close down, the balance of such leave shall be taken in accordance with subclause (i) of this clause.

 

(2)       In the case of employees who are not entitled to annual leave or do not have an entitlement sufficient to cover the period of the close-down, the employer shall endeavour to provide meaningful duties as are within the limits of the employee's skill, competence and training for the whole or part of the close-down.

 

(3)       In the event that meaningful duties are not available the employee may be directed to take leave without pay, or by agreement with the employer may take annual leave in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such annual leave shall be repaid by a deduction from the employee's termination pay.

 

(4)       In the event that leave without pay is directed to be taken, such leave shall be regarded as service for the purpose of the accrual of long service leave, sick leave and annual leave.

 

(5)       Any arrangements concerning annual close down made under previous Awards will continue to apply unless otherwise agreed, provided that any request to change the arrangement shall not be unreasonably refused.

 

Employee not taken to be on paid annual leave on Public Holidays

 

(viii)   If the period during which an employee takes paid annual leave includes a day or part‑day that is a declared public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that declared public holiday.

 

Payment for annual leave

 

(ix)     Unless otherwise provided, if an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s ordinary pay for the period of annual leave either before the commencement of the employee’s annual leave, or by agreement through the usual pay periods.

 

Resignation or termination of employment

 

(x)       On resignation or termination of employment, the employer shall pay to the employee their ordinary pay for all accrued untaken annual leave.

 

Varying rates of pay

 

(xi)     Where an employee receives a varying rate of ordinary pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary pay shall be deemed to be the average weekly ordinary pay earned during the period actually worked over the 12 months immediately preceding the annual leave or the right to payment under this clause.

 

Recrediting annual leave

 

(xii)

 

(a)       An employee who becomes ill or injured whilst on annual leave is entitled to have the leave recredited and replaced with sick leave subject to the employer being satisfied that:

 

(1)       the illness or injury resulted in the employee being unable to derive benefit from the leave, and

 

(2)       the illness or injury did not arise from the employee engaging in other employment, and

 

(3)       the period of illness or injury is at least five (5) consecutive working days, and

 

(4)       the employee will be returning to work at the conclusion of the leave; and

 

(5)       the employee has enough sick leave to cover the period of illness or injury.

 

(b)      The employer may require the employee to provide satisfactory medical evidence to justify the recrediting of the annual leave.

 

E. LONG SERVICE LEAVE

 

(i)

 

(a)       An employee (other than a casual) shall be entitled to Long Service Leave at ordinary pay as follows:

 

LENGTH OF SERVICE	ENTITLEMENT
After 5 years' service	6.5 weeks
After 10 years' service	13 weeks
After 15 years' service	19.5 weeks
After 20 years' service	30.5 weeks
For every completed period of 5 years' service thereafter	11 weeks

 

(b)      A casual employee shall be entitled to long service leave in accordance with the Long Service Leave Act 1955 (NSW), provided that in calculating the employee’s long service leave entitlement there shall be a deduction of the long service leave accrued as a casual employee prior to 1 July 2023.

 

Note: prior to 1 July 2023 the casual loading compensated casual employees for long service leave.

 

(c)       Where an employee (other than a casual) has completed more than five years’ service with the employer and is terminated for any cause, long service leave shall be deemed to have accrued for the employee's total length of service and an amount equivalent to such long service leave, less such leave already taken, computed in monthly periods and equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks for each year of service from 15 years onwards.

 

(d)      Where an employee (other than a casual) has completed more than five (5) years of service with the employer, the employee shall be entitled to apply for long service leave accrued between each completed five (5) years of service on a pro rata basis calculated monthly. Such an application shall not be unreasonably refused.

 

(ii)

 

(a)       An employee (other than a casual) who is entitled to long service leave may, with the consent of the employer, take long service leave:

 

(1)       on full pay; or

 

(2)       on half pay; or

 

(3)       on double pay.

 

(b)      When an employee (other than a casual) takes long service leave, the leave entitlement will be deducted on the following basis:

 

(1)       a period of leave on full pay – the number of days so taken; or

 

(2)       a period of leave on half pay – half the number of days so taken; or

 

(3)       a period of leave on double pay – twice the number of days so taken.

 

(c)       When an employee (other than a casual) takes long service leave, the period of service for the purpose of leave accruals shall be as follows:

 

(1)       a period of leave on full pay – the number of days so taken; or

 

(2)       a period of leave on half pay – half the number of days so taken; or

 

(3)       a period of leave on double pay – the number of days so taken.

 

(d)      Employees that take long service leave at half pay or double pay shall not be disadvantaged nor obtain a windfall gain in relation to superannuation contributions.

 

(iii)

 

(a)       Long service leave shall be taken at a time mutually convenient to the employer and employee, provided that all long service leave accruing on or after 23 June 1988 shall be taken within five years of it falling due. The employer may direct an employee to take long service leave accrued on or after 23 June 1988 and not taken within five years of it falling due provided that at least four weeks’ notice is given to the employee.

 

(b)      Payment to an employee proceeding on long service leave shall be made by the employer at the employee’s ordinary pay calculated according to how the leave is taken (i.e. either full, half, or double ordinary pay) for the period of long service leave either before the commencement of the employee’s long service leave, or by agreement through the usual pay periods.

 

(c)       Where an employee receives a varying rate of ordinary pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary pay shall be deemed to be the average weekly ordinary pay earned during the period actually worked over the 12 months immediately preceding the long service leave or the right to payment under this clause.

 

(d)      An employee who has become entitled to a period of leave and the employee's employment is terminated by resignation, death or dismissal for any cause shall be deemed to have entered upon leave at the date of termination of the employment and shall be entitled to payment accordingly.

 

(iv)

 

(a)       For the purpose of calculating long service leave entitlement in accordance with subclause (i) of this clause all prior continuous service with any other employer within New South Wales shall be deemed to be service with the employer by which the employee is currently employed.

 

(b)      Continuity of service shall be deemed not to have been broken by transfer or change of employment from one employer to another provided the period between cessation of service with one employer and appointment to the service of another employer does not exceed three months and such period is covered by accrued annual and long service leave standing to the credit of the employee at the time of the transfer, provided further that the employee concerned does not engage in work of any kind during the period of paid leave between the cessation of service with one employer and appointment to the service of another employer.

 

(v)

 

(a)       An employee (other than a casual) who is entitled to long service leave, may, with the consent of the employer, cash out a particular amount of Excess Long Service Leave. Excess long Service Leave means the long service leave that an employee has accrued under the Award that is in excess of the long service leave that the employee would have accrued if covered by section 4 of the Long Service Leave Act 1955, (the “LSL Act”). For the purpose of this subclause, long service leave is deemed to accrue under the LSL Act at the rate of 0.867 weeks per year of service.

 

(b)      Each cashing out of a particular amount of Excess Long Service Leave must be by separate agreement between the employer and the employee.

 

(vi)     For the purpose of this clause, service shall include the following periods: -

 

(a)       Any period of service with any of His Majesty's Forces provided that the employee enlisted or was called up direct from the service of the employer.

 

(b)      In the case of an employee, transferred to the service of an employer of a new or altered area - any period of service with the employer from which such employee was transferred.

 

(c)       Service shall mean all service with the employer irrespective of the classification under which the employee was employed.

 

(vii)    There shall be deducted in the calculation of the employee's service all leave of absence without payment not specifically acknowledged and accepted by the employer as service at the time leave was taken.

 

(viii)   When an employee transfers from one employer to another, the former employer shall pay to the newly employing employer the monetary equivalent of all long service leave accruing to the employee at the time of transfer, up to a maximum of five (5) years of accrual, calculated at the rate(s) of accrual applying to leave accrued in the five (5) years immediately prior to the transfer.  By agreement between the former employer and the newly employing employer, more than the monetary equivalent of five (5) years of accrued long service leave may be transferred. However, an employee who at the time of transfer has completed at least five years continuous service may elect to be paid the monetary equivalent of the entitlement. Employees who at the time of transfer elect to be paid the monetary equivalent of their long service leave entitlement shall have that entitlement calculated by multiplying in completed years and months their period of continuous service with the employer(s). A statement showing all prior continuous service with the employer(s) of the employee concerned shall be furnished together with details of the assessment of the amount of money that shall be paid into a Long Service Leave Reserve Account and appropriate notations made in the employer 's Long Service Leave Record.

 

(ix)     The employer which has received under subclause (viii) of this clause a monetary equivalent of long service leave entitlement to cover an employee's period of service with a previously employing employer(s) shall if the employee subsequently leaves the service of that employing employer to seek employment outside New South Wales Local Government before a long service leave entitlement has become due, refund to such previously employing employer (s) the amount paid.

 

(x)       Long service leave shall be exclusive of annual leave and any other holidays as prescribed by clause 22, Holidays of this Award, occurring during the taking of any period of long service leave, provided that where a public holiday falls during a period where the employee has taken long service leave on half pay, the public holiday shall also be paid at half pay.

 

(xi)     When the service of an employee is terminated by death the employer shall pay to the employee's estate the monetary equivalent of any untaken long service leave standing to the employee's credit at the time of the employee's decease.

 

(xii)    Where an employee's service is terminated at the end of a season or through shortage of work, material or finance or through illness certified by a duly qualified medical practitioner and such employee is re-employed by the same employer within 12 months of termination of service, prior service shall be counted for the purpose of this clause.

 

(xiii)

 

(a)       An employee who becomes ill or injured whilst on long service leave is entitled to have the leave recredited and replaced with sick leave subject to the employer being satisfied that:

 

(1)       the illness or injury resulted in the employee being unable to derive benefit from the leave, and

 

(2)       the illness or injury did not arise from the employee engaging in other employment, and

 

(3)       the period of illness or injury is at least five (5) consecutive working days, and

 

(4)       the employee will be returning to work at the conclusion of the leave; and

 

(5)       the employee has enough sick leave to cover the period of illness or injury.

 

(b)      The employer may require the employee to provide satisfactory medical evidence to justify the recrediting of the long service leave.

 

F. UNPAID PARENTAL LEAVE AND NO SAFE JOB LEAVE (GENERAL)

 

Relationship with federal legislation – Clauses 22F, 22G, 22H and 22I of this Award shall apply in addition to:

 

(i)       Chapter 2, Part 2-2, Division 5 – ‘Parental leave and related entitlements’ of the National Employment Standard (NES) under the Fair Work Act 2009 (Cth); and

 

(ii)      the Paid Parental Leave Act 2010 (Cth).

 

Note:

Division 5 of the Fair Work Act 2009 (Cth) relates to:

·       unpaid parental leave, including unpaid adoption leave

·       unpaid special maternity leave

·       transfer to a safe job and no safe job leave

 

G. PAID PARENTAL LEAVE

 

(i)       General

 

An employee can elect to receive one of the following leave options in connection with the birth of a child, if they meet the relevant eligibility criteria:

 

·         Option 1: Parental Leave Make Up Pay (inclusive of PPL instalments), or

 

·         Option 2: Paid Maternity Leave.

 

(ii)      Option 1: Parental Leave Make Up Pay

 

(a)       Definitions – in this clause:

 

(1)       PPL instalments shall mean instalments paid during the paid parental leave period under the Paid Parental Leave Act 2010 (Cth).

 

(2)       parental leave make-up pay shall mean the employee’s ordinary pay, inclusive of PPL instalments.  Where an employee works a varying number of ordinary hours for 6 months or more in the aggregate in the 12 month period immediately preceding leave associated with the birth of a child, the employee’s ordinary hours shall be deemed to be the average weekly number of ordinary hours worked during the 12 month period.

 

(b)      Eligibility

 

(1)       This clause shall apply to employees who are receiving PPL instalments as a primary or secondary claimant under Chapter 3, Part 3-1 of the Paid Parental Leave Act 2010 (Cth) and who have had at least 12 months continuous service with the employer immediately prior to the commencement of paid parental leave.

 

(2)       This clause shall not apply to employees who elect to receive paid maternity leave.

 

(3)       This clause shall not apply where another employee of the employer receives paid maternity leave in connect with the pregnancy or birth of the child

 

(c)       Entitlement to parental leave make-up pay

 

(1)       An employee shall be entitled to parental leave make-up pay for the period that they are receiving PPL instalments, up to a maximum of 26 weeks.

 

(2)       The period of parental leave make-up pay shall be counted as service for the purposes of long service, annual and sick leave accruals and superannuation. Superannuation is calculated on the employee's ordinary pay.

 

(3)       Requalification period – An employee shall not be entitled to a further period of parental leave make up pay unless the employee has returned to work for the employer for at least 3 months since their previous period of parental leave.

 

(iii)     Option 2: Paid Maternity Leave

 

(a)       Definitions – in this clause:

 

(1)       Paid maternity leave shall mean leave taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Paid maternity leave consists of an unbroken period of leave.

 

(b)      Eligibility

 

(1)       This clause shall apply to full time and part time female employees who have had at least 12 months continuous service with the employer immediately prior to the commencement of maternity leave and to female casual employees who have worked on a regular and systematic basis with the employer for at least 12 months prior to the commencement of maternity leave.

 

(2)       Requalification period – An employee shall not be entitled to a further period of paid maternity leave unless the employee has returned to work for the employer for at least 3 months since their previous period of paid maternity leave.

 

(3)       Paid maternity leave may not be extended beyond the first anniversary of the child's birth.

 

(4)       This clause shall not apply to employees who elect to receive parental leave make up pay.

 

(5)       This clause shall not apply where another employee of the employer receives parental leave make-up pay in connection with the pregnancy or birth of the child.

 

(c)       Entitlement to paid maternity leave

 

(1)       Paid maternity leave shall be for 9 weeks on full pay or 18 weeks at half pay, or a combination of full pay and half pay that does not exceed the equivalent of 9 weeks on full pay.

 

(2)       Payment for paid maternity leave is to be based on the employee’s ordinary pay applicable prior to the commencement of the leave period. Permanent part time employees will be paid on a pro-rata basis calculated on the regular number of hours worked. A casual employee's rate of pay will be calculated by averaging the employee's ordinary pay in the 12 months immediately prior to the employee commencing paid maternity leave.

 

(3)       Employees may choose to commence paid maternity leave before the expected date of birth.

 

(4)       The period of paid maternity shall be counted as service for the purposes of long service, annual and sick leave accruals and superannuation. Superannuation is calculated on the employee’s ordinary pay.

 

(5)       Paid maternity leave shall be exclusive of public holidays. Where a public holiday falls during a period where the employee has taken either paid maternity leave or annual or long service leave on half pay, the public holiday shall also be paid at half pay. Further, all entitlements shall accrue during periods of leave at half pay on a proportionate basis.

 

(d)      Notice of intention to take paid maternity leave

 

The employee must:

 

(1)       provide the employer with certification of the expected date of confinement at least 10 weeks before the child is due. This is known as the first notice.

 

(2)       advise the employer in writing of her intention to take paid maternity leave and the proposed start date at least 4 weeks prior to that date. This is known as the second notice.

 

(3)       provide a signed statutory declaration that the employee will be the primary care giver to the child and that the paid maternity leave will not be taken in conjunction with any partner accessing paid parental leave entitlements.

 

H. CONCURRENT PARENTAL LEAVE

 

An employee, other than a casual, who is a supporting parent shall be entitled to up to two weeks paid concurrent parental leave from their accrued sick leave balance at the time their partner gives birth to a child or at the time the employee adopts a child provided that the employee has had 12 months continuous service with the employer immediately prior to the commencement of their concurrent parental leave.

 

I. ADOPTION LEAVE

 

(i)       Eligibility

 

This clause applies to an employee who is entitled to adoption-related leave under the Fair Work Act 2009 (Cth).

 

(ii)      Pre-adoption Leave

 

(a)       An employee, other than a casual, who is entitled to unpaid pre-adoption leave under the Fair Work Act 2009 (Cth) is entitled to up to 2 days paid pre-adoption leave at ordinary pay for the period of such leave.

 

(b)      An employee who is entitled to a period of paid pre‑adoption leave is entitled to take the leave as:

 

(1)       single continuous period of up to 2 days; or

 

(2)       any separate periods to which the employee and the employer agree.

 

(iii)     Adoption Leave

 

(a)       Subject to subclause (c), an employee, other than a casual, who has or will have primary responsibility for the care of an adopted child is entitled to paid adoption leave at ordinary pay from the date the child is placed with the employee for adoption according to the following scale:

 

AGE OF CHILD AT THE DATE OF PLACEMENT	ENTITLEMENT
Less than 5 years of age	9 weeks full pay, or
	18 weeks half pay
Between 5 years of age and less than 16 years of age	4 weeks full pay, or
	8 weeks half pay

 

(b)      Notwithstanding the above, where the adopted child is aged between 5 years of age and less than 16 years of age at the date of placement with the employee and there are special needs and reasons in the child’s life, the employer shall not unreasonably refuse to grant up to nine weeks paid adoption leave at full pay or 18 weeks paid adoption leave at half pay.

 

(c)       An employee is not entitled to paid adoption leave under this clause where the employee receives parental leave make-up pay in connection with the adoption of the child.

 

(iv)     Family reunion leave

 

(a)       An employee, other than a casual, able to establish that they were adopted under a "closed adoption" practice shall be entitled to up to five (5) days family reunion leave from their accumulated sick leave balance to reunite with their biological parent(s) for the first time.

 

(b)      For the purpose of this sub-clause “closed adoption” means an adoption whereby the record of the biological parent(s) is kept sealed and the adopted child is thereby prevented from knowing the identity of such biological parent(s).

 

J. Bereavement leave

 

(i)       Subject to this clause, where an employee, other than a casual, is absent from duty because of the death of a person and provides satisfactory evidence to the employer of such, the employee shall be entitled to bereavement leave as follows:

 

(a)       Up to four days paid bereavement leave upon the death of a member of the employee’s immediate family; or

 

(b)      Up to two days paid bereavement leave upon the death of a member of the employee’s extended family;

 

(ii)      For the purposes of this clause, immediate family shall mean the following:

 

(a)       a spouse or de facto partner of the employee;

 

(b)      a child of the employee (including a miscarriage, or stillborn as defined in section 6 of the Paid Parental Leave Act 2010);

 

(c)       a parent of the employee;

 

(d)      a sibling of the employee;

 

(e)       a grandchild of the employee;

 

(f)       a grandparent of the employee:

 

(g)      a child of the spouse or de facto partner of the employee (including a miscarriage, or stillborn as defined in section 6 of the Paid Parental Leave Act 2010);

 

(h)      a parent of the spouse or de facto partner of the employee;

 

(i)       a sibling of the spouse or de facto partner of the employee;

 

(j)       a grandchild of the spouse or de facto partner of the employee;

 

(k)      a member of the employee’s extended family living in the same domestic dwelling as the employee.

 

(iii)     For the purposes of this clause, extended family shall mean the following:

 

(a)       a niece of the employee;

 

(b)      a nephew of the employee;

 

(c)       an uncle of the employee;

 

(d)      an aunt of the employee;

 

(e)       a grandparent of the spouse or de facto partner of the employee;

 

(f)       the spouse or de-facto partner of a sibling of the employee;

 

(g)      the spouse or de-facto partner of the employee’s child (son in law or daughter in law).

 

(iv)     The employer may grant an employee additional bereavement leave if satisfied that extenuating circumstances exist.

 

(v)       Bereavement Entitlements for Casual Employees

 

(a)       Subject to providing satisfactory evidence to the employer, casual employees are entitled to not be available to attend work, or to leave work upon the death of a person as provided in subclauses (i) to (iv) of Clause 23J, Bereavement Leave.

 

(b)      The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a casual employee are otherwise not affected.

 

K. OTHER PAID LEAVE

 

(i)       Jury Service Leave

 

An employee required to attend for jury service during the employee's ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount in respect of the employee's attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

(ii)      Union Training Leave

 

(a)       An eligible employee shall be entitled to up to five (5) days paid leave to attend courses which are specifically directed towards relevant training for eligible employees.

 

(b)      For the purpose of this clause relevant training for eligible employees is training directly related to:

 

(1)       Eligible employees’ rights and responsibilities in their capacity as union delegates.

 

(2)       Understanding this Award, enterprise agreements, council agreements, and council policies.

 

(3)       Grievance and dispute procedures, and disciplinary procedures;

 

(4)       Code of Conduct;

 

(5)       Bullying, harassment, and discrimination.

 

(c)       Such leave will be available to an individual eligible employee once only during their employment, provided that the employer shall not unreasonably refuse additional training where:

 

(1)       There is a change in relevant provisions of this Award; or

 

(2)       More than three (3) years has elapsed since the eligible employee last took leave for the purpose of this clause.

 

(d)      An eligible employee is defined as a full-time or part-time employee:

 

(1)       Who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment; and

 

(2)       Who has completed 12 months continuous service with the current employer, unless otherwise agreed.

 

(e)       An eligible employee must comply with the following notice requirements:

 

(1)       Provide the employer with at least four (4) weeks prior notice in writing of their request to attend a training course;

 

(2)       Outline details of the type, content and duration of the course to be attended in the written notice.

 

(f)       The employer will consider a request for leave in accordance with this clause having regard to:

 

(1)       The operational requirements of the employer; and

 

(2)       The capacity of the employer to make adequate staffing arrangements among current employees during the proposed period of leave.

 

(g)      An employer must not unreasonably refuse to agree to a request by the employee to take training leave.

 

(h)      An employer will not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary pay for such absence.

 

(i)       An eligible employee will be required to provide the employer with proof of attendance at, and satisfactory completion of, the course to qualify for payment of leave.

 

(j)       Nothing in this subclause prevents an employer and employee from agreeing to additional union training leave either with or without pay.

 

(k)      Leave granted pursuant to this clause counts as service for all purposes of this award.

 

(iii)     Union Conference Leave

 

Accredited delegates to the unions’ annual conferences shall be granted paid leave for the duration of the conference provided that the employer’s operational requirements are met and the union notifies the employer of the accredited delegates nominated to attend the conference at least one month prior to the commencement of the conference.

 

L. SPECIAL LEAVE

 

(i)       The employer may grant special leave, either with pay or without pay, to an employee for a period as determined by the employer to cover any specific matter approved by the employer, including but not limited to:

 

(a)       leave for victims of family and domestic violence; or

 

(b)      leave for engaging in a voluntary emergency management activity; or

 

(c)       compassionate leave for employees facing unforeseen circumstances such as injury or terminal illness; or

 

(d)      leave to attend to duties as a member of the Australian Defence Force, provided such leave is consistent with the Defence Reserve Service (Protection) Act 2001.

 

Note:  Section 31 of the Defence Reserve Service (Protection) Act 2001 provides that the period of absence on defence service other than “continuous full-time defence service is taken to be paid service in employment.

 

(ii)      Periods of leave without pay shall not be regarded as service for the purpose of computing entitlements under this Award. Such periods of leave without pay shall not however, constitute a break in the employee's continuity of service.

 

(iii)     An employee shall not be entitled to any payment for public holidays during an absence on approved leave without pay.

 

M. Paid Family and domestic violence LEAVE

 

(i)       Subdivision CA of Division 7 of Part 2-2 of the Fair Work Act 2009 (Cth) forms part of this Award.

 

Note:

 

Division 2A of Part 6-3 of the Fair Work Act 2009 (Cth) extends federal entitlements to family and domestic leave to all employers/employees, including NSW local government employers/employees.

Under the Fair Work Act 2009 (Cth) all employees can access 10 days of paid family and domestic violence leave during each 12 month period of employment. This includes part-time and casual employees. The entitlement does not accumulate from year to year.

 

24.  Flexibility for Work

 

(i)       In recognition of the commitment to provide flexibility for work and family responsibilities and the need to retain skills and experience within the industry, employers are encouraged to develop and promote flexible work and leave arrangements to enable their employees to better manage their work and family responsibilities.

 

Requests for a change in working arrangements

 

(ii)      An employee (other than a casual) may request a change in working arrangements including but not limited to:

 

(a)       make up time;

 

(b)      flexi time;

 

(c)       time in lieu;

 

(d)      leave without pay;

 

(e)       annual leave;

 

(f)       part-time work;

 

(g)      job share arrangements;

 

(h)      variations to ordinary hours and rosters;

 

(i)       purchased additional annual leave arrangements;

 

(j)       remote work arrangements (e.g. working from home arrangements); and

 

(k)      arrangements to accommodate breastfeeding women. 

 

(iii)     The employee’s request must be in writing and include:

 

(a)       the nature of the proposed change (i.e. relevant details);

 

(b)      the reason(s) for the proposed change;

 

(c)       likely effects of the proposed change; and

 

(d)      such other information as is reasonable in the circumstances.

 

Mutual duty to discuss requests for changes in working arrangements

 

(iv)     The employee and employer must discuss requests for changes in working arrangements as soon as practicable, give prompt consideration to any issues/concerns raised in relation to the request, and explore measures to avert or mitigate any adverse effects of the proposed change.

 

Responding to a request for changes in working arrangements

 

(v)       The employer has a right to approve or refuse an employee’s request for a change in working arrangements provided that any such refusal is not unreasonable.

 

(vi)     If sought by the employee, the employer must provide the employee with its reason(s) in writing for refusing their request for a change in working arrangements.

 

(vii)    The terms of agreed changes in working arrangements must be in writing.

 

Note:  The terms of agreed changes in working arrangements should include, but not be limited to, the nature of the change, the duration of the change, and a review date (if relevant).

 

25.  Phased Retirement

 

(i)       In recognition of the ageing workforce in local government and the need to retain skills and experience within the industry, employers are encouraged to develop and promote flexible work and leave arrangements to enable their employees to better manage their transition into retirement.

 

(ii)      Examples of flexible work and leave arrangements include:

 

(a)       Part-time work;

 

(b)      Flexi time;

 

(c)       Leave without pay;

 

(d)      Job sharing arrangements;

 

(e)       Variations to ordinary hours and rosters;

 

(f)       Job redesign; and

 

(g)      Purchased additional annual leave arrangements.

 

(iii)     The terms of a flexible work and leave arrangements shall be in writing and may be varied from time to time, by agreement, to suit the specific needs of either the employer or the employee.

 

26.  Health and Wellbeing

 

(i)       The parties to the Award recognise that workplace health and wellbeing programs can lead to positive outcomes such as improved employee work performance and productivity, improved employee recruitment and retention, reduced absenteeism, and other benefits.

 

(ii)      Employers are encouraged to develop workplace health and/or wellbeing programs.

 

(iii)     An employee may, with the consent of the employer, take up to two (2) days paid leave per calendar year from their accrued sick leave balance to participate in a health and/or wellbeing activity, subject to the following:

 

(a)       the granting of paid leave under this clause is at the discretion of the employer; and

 

(b)      the taking of paid leave under this clause must not result in the employee having an accumulated sick leave balance of less than two (2) weeks; and

 

(c)       the employer may require proof of participation in the health and/or wellbeing activity to justify payment under this clause.

 

27.  Part-Time Employment

 

(i)       A part-time employee shall mean an employee who is engaged on the basis of a regular number of hours which are less than the full-time ordinary hours in accordance with Clause 20, Hours of Work of this Award.

 

(ii)      Prior to commencing part-time work the employer and the employee shall agree upon the conditions under which the work is to be performed including:

 

(a)       The hours to be worked by the employee, the days upon which they shall be worked and the commencing times for the work.

 

(b)      The nature of the work to be performed.

 

(c)       The salary system rate of pay in accordance with this Award

 

(iii)     The conditions may also stipulate the period of part-time employment.

 

(iv)     The conditions may be varied by consent.

 

(v)       The conditions or any variation to them must be in writing and retained by the employer. A copy of the conditions and any variations to them must be provided to the employee by the employer.

 

(a)       Where it is proposed to alter a full-time position to become a part-time position such proposal shall be referred to the consultative committee for information.

 

(b)      In such cases the employer and the employee shall agree upon the conditions, if any, of return to full-time work.

 

(vi)     A part-time employee may work more than their regular number of hours at ordinary pay by agreement. Where an employee works hours outside the spread of hours in clause 20, Hours of Work of this Award, the provisions of clause 21, Overtime, shall apply.

 

(vii)    Part-time employees shall receive all conditions prescribed by the Award on a pro-rata basis of the regular hours worked. An adjustment to the accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

 

(vii)    Where a public holiday falls on a day where a part-time employee would have regularly worked the employee shall be paid for the hours normally worked on that day.

 

(ix)     A change to full-time employment from part-time employment or to part-time employment from full-time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

 

28.  Casual Employment

 

(i)       A casual employee shall mean an employee engaged on a day to day basis.

 

(ii)

 

(a)       A casual employee shall not:

 

(1)       replace an employee of the employer on a permanent basis; or

 

(2)       be engaged by the employer on a permanent basis.

 

(b)      An employee engaged under this clause for a period in excess of 12 months may request that the employer review the nature of their engagement.

 

(1)       A review under subclause (ii)(b) shall examine whether or not the position is more appropriately filled by a permanent employee.  In undertaking this review the employer shall have regard to the following matters:

 

·         the genuine operational reasons that align with the nature of the role;

 

·         the service requirements of the position;

 

·         the seasonal nature of the role;

 

·         if the position is contingent upon external funding; and

 

·         any other relevant matter.

 

(2)       As a result of a review conducted under subclause (ii)(b) an employee may be invited to apply for a permanent position with the employer.

 

(iii)     A casual employee shall be paid the hourly salary system rate of pay for ordinary hours worked in accordance with clause 20, Hours of Work.

 

(iv)     Casual employees who work on Saturday and/or Sunday are entitled to penalty rates prescribed by clause 20B. The penalties are calculated on the hourly salary system rate of pay.

 

(v)       Casual employees who work outside the relevant spread of hours identified at clause 20C(i) and (iii) are entitled to a shift penalty. The penalty is calculated on the hourly salary system rate of pay.

 

(vi)     Subject to clause 21A(viii), a casual employee will not be offered to work overtime in a position held by a permanent employee of the employer, if such permanent employee is available to work that overtime. Overtime shall be paid where a casual employee works outside the ordinary hours for that position. In cases where there are no ordinary hours for the position, overtime shall be paid for the hours worked in excess of those prescribed in Clause 20, Hours of Work.

 

(vii)    In addition to the amounts prescribed by subclause (iii) of this clause, a twenty-five percent loading, calculated on the hourly salary system rate of pay, shall be paid. This loading shall not attract any penalty. This loading shall be paid in lieu of annual leave, sick leave, and severance pay. Casual loading is not payable on overtime.

 

(viii)   Casual employees engaged on a regular and systematic basis shall have access to annual assessment under the employer’s salary system.

 

(ix)     Carer’s entitlements shall be available for casual employees as set out in subclause (viii) of Clause 23, Part B of this Award.

 

(x)       Bereavement entitlements shall be available for casual employees as set out in subclause (v) of Clause 23J of this Award.

 

29.  Job Share Employment

 

(i)       Job sharing is a form of part-time employment where more than one employee shares all the duties and responsibilities of one position.

 

(ii)

 

(a)       Job sharing shall be entered into by agreement between the employer and the employees concerned.

 

(b)      Such agreement shall be referred to the consultative committee for information.

 

(iii)     The employer and the job sharers shall agree on the allocation of work between job sharers.

 

(iv)

 

(a)       The ordinary hours of work of the position shall be fixed in accordance with clause 20, Hours of Work of this Award.

 

(b)      The job sharers in conjunction with the employer shall agree on the hours to be worked. Such agreement shall specify the regular number of ordinary hours to be worked by each job sharer.

 

(v)

 

(a)       In the absence of a job sharer the remaining job sharer(s) may be required by the employer to relieve the absent job sharer provided the remaining job sharer(s) are reasonably available.

 

(b)      In such cases the relieving job sharer(s) shall be paid their ordinary pay for the time relieving.

 

(vi)     A job sharer may work more than their regular number of hours at ordinary pay by agreement. Where an employee works hours outside the spread of hours in clause 20, Hours of Work of this Award the provisions of clause 21, Overtime, shall apply.

 

(vii)    The employer must establish appropriate communication mechanisms between the job sharers to facilitate the handing over of tasks from one job sharer to another.

 

(viii)

 

(a)       Job sharers shall have access to all provisions of this Award including training and development.

 

(b)      Job sharers shall receive pro-rata pay and conditions in proportion to the ordinary hours worked by each job sharer.

 

(c)       An adjustment to accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

 

(d)      A change to job sharing from full-time or part-time employment or from job sharing to full-time or part-time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

 

(ix)     In the event of a job sharer vacating the position the employer shall review the position and shall consider filling the vacancy or offering the remaining job sharer(s) increased hours.

 

(x)       The terms of a job share arrangement or any variation to it must be in writing. A copy of the arrangement and any variation to it must be provided to the job sharer(s) by the employer.

 

30.  Labour Hire

 

(i)       Labour hire staff employed by a labour hire business shall not be engaged on a permanent basis in work functions ordinarily filled by permanent employees of the employer.  In ensuring that labour hire staff are not engaged on a permanent basis the employer shall review the use of labour hire services on an annual basis.

 

(ii)      This clause does not apply to the employment of apprentices and/or trainees by a group training business.

 

(iii)     For the purpose of this clause:

 

(a)       a “labour hire business” is a bona fide labour hire business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which supplies staff employed or engaged by it to the employer on an on-hire basis for the purpose of such staff performing work or services for that employer. Provided that a business is not a labour hire business if:

 

(1)       the staff of that business are not performing the specific duties of a position(s) covered by the employer’s organisation structure;

 

(2)       the business is providing professional business services which cannot reasonably be fulfilled by the employer’s employees, for a specified period of time or for a specific task (for example, legal, financial or accounting services);

 

(3)       the business is a bona fide contractor providing both equipment and employees to the employer; or

 

(4)       the business is another entity covered by this Award.

 

(b)      a “group training business” is a bona fide group training 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 apprentices and/or trainees to the employer for the purpose of such staff performing work or services as an apprentice or trainee for that employer.

 

(iv)     Notwithstanding the provisions of subclause (i), the employer and the relevant union may agree in writing that the employer may replace an employee of the employer on a permanent basis with the employee of a labour hire business.

 

31.  Multiple Employment

 

Where an employee is employed in a second position with the employer the second position shall, for all purposes of the Award, be regarded as a separate and distinct employment engagement from the original employment provided that:

 

(i)       the positions involve different duties or are in different work function areas; and

 

(ii)      the employee agreed to the employment in the second position.

 

32.  Junior and Trainee Employment

 

A. GENERAL

 

(i)       The rates of pay specified in Band 1/Level 1 are minimum rates.

 

(ii)      Employees engaged at the T3 rate of pay or above may be required to possess a Provisional or Class C Drivers Licence.

 

B. JUNIOR EMPLOYMENT

 

(i)       The rates of pay as provided in Band 1/Level 1 are payable to juniors (15-18 years old).

 

(ii)      A junior employee shall be appointed to Band 1/Level 1 according to either their age or educational qualification, whichever provides for the higher rate of pay.

 

(iii)     Progression along the scale is automatic up to and inclusive of T4, according to the employee's age.

 

C. TRAINEE EMPLOYMENT AND APPRENTICESHIPS

 

(i)       The rates of pay as provided for in Band 1/Level 1 are payable to employees undertaking entry level training.

 

(ii)      An employee shall be appointed to Band 1/Level 1 according to either their age or educational qualification, whichever provides for the higher rate of pay.

 

(iii)     Progression along the scale is not automatic, but is subject to successful completion of appropriate training modules and satisfactory service.

 

(iv)     If the employment is to be continued beyond the training period upon the successful completion of training, the employee shall proceed to the appropriate band and level in the structure.

 

(v)       In addition to the vocational training direction, the employer shall provide an apprentice with the conditions of the apprenticeship in writing and these conditions shall include:

 

(a)       the term of the apprenticeship;

 

(b)      the course of studies to be undertaken by the apprentice;

 

(c)       the course of on the job training to be undertaken by the apprentice.

 

D. SCHOOL BASED TRAINEES AND APPRENTICES

 

(i)       The object of Part D of this clause is to assist persons who are undertaking a traineeship or apprenticeship under a training contract while also enrolled in the Higher School Certificate. Such school based traineeships/apprenticeships are undertaken at a minimum Certificate II Australian Qualifications Framework (AQF) qualification for traineeship level and a minimum Certificate III Australian Qualifications Framework (AQF) qualification for apprenticeship level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001 (NSW).

 

(ii)      The hourly rates for school based trainees/apprentices for total hours worked including time deemed to be spent in off-the-job training shall be calculated by dividing the applicable weekly rate for full time apprentices as set out in Band 1/Level 1 by 38 or 35 in accordance with clause 20, Hours of Work.

 

(iii)     For the purpose of subclause (ii), where a school based trainee/apprentice is a full time school student, the time spent in off-the-job training for which the school based trainee/apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week. The wages paid for training time may be averaged over the school term or year.

 

(iv)     School based trainees/apprentices progress through the rates of pay set out in Band 1/Level 1 subject to successful completion of appropriate training modules and satisfactory service.

 

(v)       Except as provided by this Award, school-based trainees/apprentices are entitled to pro rata entitlements of all other conditions of employment.

 

E. GOVERNMENT FUNDED TRAINEESHIPS

 

(i)

 

(a)       Part E of this clause does not apply to apprentices or trainees who are already trained and job ready.

 

(b)      A government funded traineeship shall not commence until the relevant Training Agreement has been registered with the relevant State Training Authority.

 

(c)       Trainees shall not displace existing employees from employment.

 

(ii)

 

(a)       Except as in hereinafter provided, all other terms and conditions of this Award shall apply.

 

(b)      Nothing in this subclause shall be taken to replace the prescription of training requirements for all other employees bound by this Award.

 

(iii)     The trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the relevant State Training Authority in accredited and relevant Traineeship Schemes.

 

(iv)     The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the trainee receives the appropriate on-the-job training in accordance with the Training Agreement.

 

(v)       The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.

 

(vi)     The trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the Training Agreement.

 

(vii)    A full-time trainee shall be engaged for a maximum of one year’s duration, except in respect of AQF III and AQF IV traineeships which may extend up to two years full time, provided that a trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the relevant State Training Authority, the relevant employer and the trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme.

 

(viii)   Where the trainee completes the qualification in the Training Agreement earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.

 

(ix)

 

(a)       The employer shall not terminate the trainee's service without providing written notice of termination in accordance with the training agreement and subsequently to the relevant State Training Authority as appropriate.

 

(b)      Where the employer chooses not to continue the employment of a trainee upon the completion of the traineeship, it shall notify the relevant state training authority as appropriate, of its decision.

 

(x)       A trainee who fails to complete the traineeship or who cannot for any reason be placed in full-time employment with the employer on the successful completion of the traineeship, shall not be entitled to any severance payments payable pursuant to termination, change or redundancy provisions or provisions similar thereto.

 

(xi)     Where the employment of a trainee by the employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service with the employer for the purposes of this Award or any other legislative entitlements.

 

(xii)    Wages:

 

(a)       The minimum weekly amount of pay payable to trainees shall be as provided in Table 1 of Part B, Traineeship Rates, of this Award.

 

(b)      The trainee wage rates contained in this Award are minimum rates and shall only apply to trainees while they are undertaking an approved traineeship which includes approved training as prescribed above.

 

33.  Training and Development

 

(i)       The parties to this Award recognise that increasing the efficiency and productivity of the industry requires an ongoing commitment to education, training and skill maintenance, development and enhancement. Accordingly, the parties commit themselves to:

 

(a)       developing a more highly skilled and flexible workforce

 

(b)      providing employees with opportunities through appropriate education and training to acquire additional skills and

 

(c)       removing barriers to the utilisation of skills in accordance with employers' training plans.

 

(ii)

 

(a)       All employees shall have reasonable and equitable access to education and training, such education and training shall:

 

(1)       be consistent with the employer's training plan

 

(2)       enable employees to acquire the range of skills they are required to apply in their positions

 

(3)       enhance employees' opportunities for career path development and mobility through employer's organisation structures, through participation in the employers' training plans.

 

(4)       Employees who are required to either hold professional qualifications or complete further professional qualifications and whose positions are evaluated in Band 3 or Band 4 of this Award, shall have access to continuing professional development (CPD) that is consistent with the training plan for their position as follows:

 

(i)       10 hours per annum, or

 

(ii)      in accordance with legislated CPD requirements,

 

whichever is the greater.

 

(b)      Nothing in this clause prevents an employer and employee from agreeing to additional CPD training.

 

(iii)     Organisation Training Plan and Budget

 

(a)       The employer shall develop an organisation training plan and budget consistent with:

 

(1)       the current and future skill requirements of the employer.

 

(2)       the size, structure and nature of the operations of the employer.

 

(3)       the need to develop vocational skills relevant to the employer and the Local Government industry.

 

(b)      In developing the training plan, the employer shall have regard to corporate, departmental and individual training needs.

 

(c)       The organisation training plan shall be designed in consultation with the consultative committee.

 

(d)      The organisation training plan shall, where appropriate, provide for training that is consistent with the relevant National Training Package.

 

(e)       The organisation training plan, shall provide for the assessment and recognition of employee's current competencies where possible.

 

(f)       Selection of participants to receive the employer’s required training in accordance with employer’s training plan is to be based on merit and the needs of the employee as identified in the employee's performance appraisal.

 

(iv)     Training Plans for Positions

 

(a)       Subject to subclause (iv)(b) of this clause, employers may develop training plans for positions (or for individual employees).

 

(b)      If requested by an employee (other than a casual or temporary employee) the employer must develop a training plan for the employee.

 

(v)       If an employee is required by the employer to undertake training in accordance with the employer’s training plan:

 

(a)       the employer shall grant the employee paid leave to attend course requirements, including examinations, where the training is undertaken during ordinary working hours;

 

(b)      where the course requirements contain more than a 15% off-the-job component calculated over any 12 month period the extent to which the employer will grant paid leave to attend such course requirements shall be specified in the training plan;

 

(c)       the employer shall pay course fees at the commencement of each stage but shall not pay course fees if the employee is repeating;

 

(d)      the employer shall either provide transport or pay reasonable travelling expenses to enable employees to attend course requirements;

 

(e)       reasonable travel arrangements shall be agreed; and

 

(f)       where an employee is required to complete major assignment(s) the employer and the employee shall agree upon appropriate flexible work and study arrangements as are practicable.

 

(vi)     The employer may grant an employee undertaking a course consistent with the employer’s training plan, although not at the employer's requirement, leave with pay or leave without pay to attend course requirements provided that the employee gives reasonable notice of such requirements. Where the employee is not granted such leave the employer shall give preference in granting annual leave or other accrued leave to attend course requirements provided that the employee gives reasonable notice of such requirements. The employer may pay course fees at its discretion.

 

(vii)    The parties shall continue to engage with the VET system to ensure that the skills needs of local government are addressed in training package development.

 

34.  Consultative Committees

 

A. AIM

 

The parties to the Award are committed to consultative and participative processes. There shall be a consultative committee at each employer which shall:

 

(i)       provide a forum for consultation between the employer and its employees that encourages a free and open exchange of views;

 

(ii)      positively co-operate in workplace reform to enhance the efficiency and productivity of the employer and to provide employees with access to career opportunities and more fulfilling, varied and better paid work.

 

B. SIZE AND COMPOSITION

 

(i)       The size and composition of the consultative committee shall be representative of the employer’s workforce and agreed to by the employer and the local representatives from the following unions: USU; depa and the LGEA and such agreement shall not be unreasonably withheld.

 

(ii)      The consultative committee shall include but not be limited to employee representatives of each of the unions who have members employed at the employer.

 

(iii)     Officers of the union(s) or Association(s) may attend and provide input to meetings of the consultative committee, at the invitation of the consultative committee or their respective members.

 

C. SCOPE OF CONSULTATIVE COMMITTEES

 

(i)       The functions of the consultative committee include:

 

(a)       Award implementation

 

(b)      training

 

(c)       consultation with regard to organisation restructure

 

(d)      job redesign

 

(e)       salary systems

 

(f)       communication and education mechanisms

 

(g)      performance management systems

 

(h)      changes to variable working hours arrangements for new or vacant positions

 

(i)       local government reform

 

(j)       proposed variations to leaseback vehicle arrangements

 

(k)      health and wellbeing programs.

 

(ii)      The consultative committee shall not consider matters which are being or should be processed in accordance with Award clause 36, Grievance and Disputes Procedures.

 

D. MEETINGS AND SUPPORT SERVICES

 

(i)       The consultative committee will make recommendations based upon consensus. Where there is no consensus on a particular item, the recommendation to the employer should note the dissenting views.

 

(ii)      The consultative committee shall meet as required

.

35.  Appointment and Promotion

 

(i)       Where an employer is required by section 348 of the Local Government Act 1993 (NSW) to advertise a position within the organisation structure of the employer, prior to advertising the position externally, the employer may consider advertising the position internally if such an approach enables suitably qualified persons to apply for the position.

 

(ii)      Where a job applicant for a position is unsuccessful, they may request the reason(s) as to why they were not appointed, and upon such request, the employer shall provide the reason(s).

 

(iii)     Where an employee has applied for a position and their application is unsuccessful, they may request a review of their individual education and training needs.

 

(iv)     Employers shall provide every new employee a copy of the Local Government Employee Information Statement (“LGEIS”) approved by the Association and Unions before, or as soon as possible after, they commence employment with the employer.

 

36.  Term Contracts

 

(i)       The employer may only employ a person on a term contract of employment in the following situations:

 

(a)       for the life of a specific task or project that has a definable work activity, or

 

(b)      to perform the duties associated with an externally funded position where the length of the employment depends on the length of the funding, or

 

(c)       to perform the duties associated with a vacant position until the vacant position is filled on a permanent basis, provided that the duration is no longer than is reasonably necessary to undertake recruitment for the vacant position, or

 

(d)      to temporarily replace an employee who is on approved leave, secondment, workers compensation, acting in a different position or working reduced hours under a flexible work and leave arrangement, or

 

(e)       to undertake training and work as part of an apprenticeship, traineeship, graduate training program or student work experience program in conjunction with an education institution, or

 

(f)       to trial a new work area, provided that the duration is no longer than is reasonably necessary to trial the new work area, or

 

(g)      to perform the duties associated with a vacant position during the intervening period between when the employer has made a definite decision to introduce major changes in production, program, organisation structure or technology that are likely to have significant effects on the employment in the vacant position and the date that the changes are implemented; or

 

(h)      to accommodate time limitations imposed by law or sought by the employee (e.g. visa restrictions); or

 

(i)       to perform seasonal work (also see subclause 23E(xii) of this Award).

 

(ii)      As of the first full pay period on or after 1 July 2020, employers shall identify in the letter of offer / contract of employment offered to a prospective employee, and the position description (where appropriate), the relevant situation identified in subclause (i) above that gives rise to employment pursuant to a fixed or maximum term contract.

 

37.  Grievance and Dispute Procedures

 

(i)       At any stage of the procedure, the employee(s) may be represented by their union or its local representative/delegate and the employer represented by the Association.

 

(ii)      The union delegate shall have reasonable time, without loss of pay, to discuss a grievance, dispute, or concern regarding workplace bullying with management at the local level where prior approval is sought. Such approval shall not be unreasonably withheld.

 

(iii)     A grievance or dispute shall be dealt with as follows:

 

(a)       The employee(s) shall notify the supervisor, or other authorised officers of any grievance or dispute and the remedy sought, in writing.

 

(b)      A meeting shall be held between the employee(s) and the supervisor to discuss the grievance or dispute and the remedy sought within two working days of notification.

 

(c)       If the matter remains unresolved, the employee(s) may request the matter be referred to the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable.

 

(d)      If the matter remains unresolved the general manager shall provide the employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy.

 

(e)       Where the matter remains unresolved, it may be referred to the employee's union or representative and by the general manager or other authorised officer to the Association for further discussion between the parties.

 

(iv)     Subject to section 130 of the Industrial Relations Act 1996 (NSW), the Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure.

 

(v)       During this procedure and while the matter is in the course of negotiation, conciliation and/or arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal. Nothing in this clause shall prevent the employer from temporarily adjusting work practices, where appropriate, to eliminate or control work, health and safety risks.

 

38.  Disciplinary Procedures

 

A. EMPLOYEE'S RIGHTS

 

Notwithstanding the procedures below, an employee shall:

 

(i)       Have access to their personal files and may take notes and/or obtain copies of the contents of the file.

 

(ii)      Be entitled to sight, note and/or respond to any information placed on their personal file which may be regarded as adverse.

 

(iii)     Be entitled to make application to delete or amend any disciplinary or other record mentioned on their personal file which the employee believes is incorrect, out-of-date, incomplete or misleading.

 

(iv)     Be entitled to request the presence of a union representative and/or the involvement of their union at any stage.

 

(v)       Be entitled to make application for accrued leave for whole or part of any suspension during the investigation process.

 

B. EMPLOYER'S RIGHTS AND OBLIGATIONS

 

Notwithstanding the procedures contained below, the employer shall:

 

(i)       Be entitled to suspend an employee with or without pay during the investigation process provided that:

 

(a)       the suspension shall not be for longer than is reasonably necessary to conduct a proper investigation.

 

(b)      the suspension shall be limited to circumstances where suspected unsatisfactory work performance or conduct, if substantiated, would constitute a serious breach of the employer’s code of conduct, policies, procedures, or the employee’s contract of employment.

 

(c)       suspension without pay during an investigation shall be for a period of not more than two weeks, except where the progress of the investigation is delayed due to the unavailability of the employee and/or their representative in which case the period of suspension without pay may be extended for a further period of up to 7 days or such greater period by agreement.

 

(d)      If, after investigation, the reasons for the suspension are found to be inappropriate, the employee shall not suffer any loss of pay for the period under suspension.

 

(e)       The suspension shall not affect the employee's continuity of service for the purposes of accruing leave entitlements.

 

(f)       The employer shall not unreasonably refuse an application for paid leave under this provision.

 

(g)      By agreement an employee may be transferred to another position or place of work.

 

(ii)      Be entitled to request the presence of an Association and/or union representative at any stage.

 

C. Workplace investigations

 

(i)       The parties to the Award have agreed on guidelines (“guidelines”) concerning workplace investigations.

 

(ii)      Failure to comply with the guidelines may be used as evidence that a person or employer has failed to properly conduct or speedily conclude a workplace investigation.  However, a person or employer cannot be prosecuted only because of a failure to comply with the guidelines.

 

(iii)     Upon becoming aware of possible unsatisfactory work performance or conduct by an employee the employer may decide to investigate.

 

(iv)     Workplace investigations are a process by which employers gather information to assist the employer to make an informed decision.  Workplace investigations typically involve enquiring, collecting information and ascertaining facts.

 

(v)       When deciding whether to investigate possible unsatisfactory work performance or conduct, factors that the employer should consider include:

 

·         The seriousness of the possible unsatisfactory work performance or conduct;

 

·         How recent the possible unsatisfactory work performance or conduct occurred;

 

·         Potential implications in not undertaking an investigation;

 

·         Whether there have been concerns, threats or allegations made against the employee previously by any complainant;

 

·         Whether the complaint itself has been copied to others, thereby indicating that any allegation about work performance or conduct may be vexatious, punitive or harassment; and

 

·         Whether there are any mitigating factors (for example drug/alcohol dependency, health issues including mental health issues, or family/domestic violence issues).

 

(vi)     Employers shall properly conduct and speedily conclude workplace investigations concerning possible unsatisfactory work performance or conduct.

 

D. Disciplinary PROCEDURES

 

(i)       Where an employee's work performance or conduct is considered unsatisfactory, the employee shall be informed in the first instance of the nature of the unsatisfactory performance or conduct and of the required standard to be achieved, by the employee's immediate supervisor or other appropriate officer of the employer. The employer and employee will discuss the reason(s) for the unsatisfactory work performance or conduct including matters external to the workplace, and, where appropriate, measures to assist the employee to improve their work performance or conduct.  Such measures may include, for example, training, counselling and provision of an Employee Assistance Program (EAP).

 

(ii)      Unsatisfactory work performance or conduct shall include, but not be limited to, neglect of duties, breach of discipline, absenteeism and non-compliance with safety standards. A written record shall be kept on the appropriate file of such initial warning. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.

 

(iii)     Where there is re-occurrence of unsatisfactory work performance or conduct, the employee shall be warned formally in writing by the appropriate officer of the employer and counselled. Counselling should reinforce the standard of work or conduct expected and, where the employee is failing to meet these required standards, a suitable review period for monitoring the employee's performance; the severity of the situation; and whether disciplinary action will follow should the employee's work performance or conduct not improve. A written record shall be kept of such formal warning and counselling. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.

 

(iv)     If the employee's unsatisfactory work performance or conduct continues or resumes following the formal warning and counselling, the employee shall be given a final warning in writing giving notice of disciplinary action should the unsatisfactory work performance or conduct not cease immediately.

 

(v)       If the employee's work performance or conduct does not improve after the final warning further disciplinary action may be taken.

 

(vi)     All formal warnings shall be in writing.

 

(vii)    Delegates shall be provided reasonable time without loss of pay, to represent members in disciplinary matters at the local level, provided prior approval is sought. Such approval shall not be unreasonably withheld.

 

E. PENALTIES

 

(i)       After complying with the requirements above, the employer may:

 

(a)       Demote the employee to a lower paid position or a lower salary point/step provided that the employee shall not suffer a reduction in the ordinary pay for 2 weeks from the date of the demotion.

 

(b)      Suspend the employee without pay from work for a specified period of time.

 

(c)       Terminate the employment of the employee in accordance with Clause 41, Termination of Employment of this Award.

 

(ii)      Notwithstanding the above, the employer may take appropriate disciplinary action before and/or during the procedures in clause 38D in cases of misconduct or where the employee's performance warrants such action.

39.  Work Health and Safety

 

A. statement of intent

 

The parties to the Award are committed to co-operating positively to:

 

(i)       promote the safety and welfare of workers and other people in the workplace;

 

(ii)      eliminate unsafe work practices; and

 

(iii)     ensure that employers and employees understand and comply with their obligations under the Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011 (NSW) and associated codes of practice.

 

B. SPECIFIC PROVISIONS

 

In the case of extreme and unusual weather conditions which could be assessed as hazardous, employers will review and conduct a risk assessment to determine what action, if any, needs to be put in place to minimise unnecessary exposure and risks to its employees during such unusual occurrences.

 

C. FURTHER INFORMATION AND RESOURCES

 

Further information and resources are available from the following organisations:

 

(i).      Workcover NSW: www.workcover.nsw.gov.au

 

(ii)      Safe Work Australia: www.safeworkaustralia.gov.au

 

40.  Workplace Bullying

 

(i)       The parties to the Award are committed to:

 

(a)       eliminating bullying in the workplace; and

 

(b)      pursuing legislative change to give the Industrial Relations Commission of New South Wales the power to make any order it considers appropriate (other than an order requiring payment of a pecuniary penalty amount) to prevent workers from being bullied at work.

 

(ii)      ‘Bullying’ shall mean conduct at work where a person or group of people repeatedly act unreasonably towards an employee or group of employees, and that behaviour creates a risk to health and safety.

 

·         Bullying behaviour may involve, but is not limited to, any of the following types of behaviour:

 

·         Aggressive, threatening or intimidating conduct;

 

·         Belittling or humiliating comments;

 

·         Spreading malicious rumours;

 

·         Teasing, practical jokes or ‘initiation ceremonies’;

 

·         Exclusion from work-related events;

 

·         Unreasonable work expectations, including too much or too little work, or work below or beyond an employee’s skill level;

 

·         Displaying offensive material; and

 

·         Pressure to behave in an inappropriate manner.

 

(iii)     Reasonable management action carried out in a reasonable manner shall not constitute bullying behaviour.

 

(a)       Examples of reasonable management action may include, but are not limited to:

 

·            Performance management practices;

 

·            Disciplinary action for misconduct;

 

·            Informing an employee about unsatisfactory work performance or inappropriate work behaviour;

 

·            Directing an employee to perform duties in keeping with their job;

 

·            Maintaining reasonable work goals and standards;

 

·            Legitimately exercising a regulatory function; and

 

·            Legitimately implementing a council policy or administrative process.

 

Where bullying behaviour is alleged, the grievance and dispute procedures of clause 36 will apply.

 

41.  Termination of Employment

 

(i)

 

(a)       An employee in Operational Band 1 or the Administrative/Technical Trades Band 2 shall give to the employer two (2) weeks’ notice of their intention to terminate their employment.

 

(b)      The notice of intention to terminate for an employee in Professional/Specialist Band 3 or Executive Band 4 of the Award shall be the same as that required of the employer in subclause (iv) of this clause.

 

If no such notice is provided, the employer shall be entitled to deduct pay equivalent to the required notice from any entitlements payable under this Award.

 

(ii)      The employer and an employee may agree to a shorter period of notice for the purpose of this subclause.

 

(iii)     In cases of serious misconduct, the employer may summarily dismiss an employee following a proper investigation and provided the employee is afforded procedural fairness. Where an employee is summarily dismissed, subclause (iv) shall not apply.

 

(iv)     The employer shall give to an employee a period of notice of termination in accordance with the following scale or by payment in lieu thereof:

 

EMPLOYEE'S PERIOD OF CONTINUOUS SERVICE	PERIOD OF NOTICE
Less than 2 years	At least 2 weeks
2 years and less than 3 years	At least 3 weeks
3 years and less than 5 years	At least 4 weeks
5 years and beyond	At least 5 weeks

 

(v)       The provision of this clause shall be read subject to the provisions of Clause 41, Workplace Change and Redundancy, of this Award.

 

42.  Workplace Change

 

(i)       Definitions

 

(a)       In this clause:

 

“Significant effects include:

 

·            termination of employment; or

 

·            major changes in the composition, operation or size of the employer's workforce or in the skills required; or

 

·            the loss of or reduction in, job or promotion opportunities or job tenure; or

 

·            the alteration of hours of work; or

 

·            the need for employees to be retrained or transferred to other work or locations; or

 

·            job restructuring.

 

Provided that where the Award makes provision for the alteration of any of the matters referred to above such an alteration shall be deemed not to have significant effect.

 

(ii)      Pre-Proposal Stage

 

(a)       An employer may consult with relevant employees and/or unions, where appropriate, when developing options for proposed workplace change.

 

(b)      Consultation under subclause (ii)(a) does not need to occur in writing.

 

(iii)     Proposal Stage

 

(a)       Employer’s duty to notify a proposed workplace change that is likely to have significant effects – Subject to the exceptions identified at subclause (v) of this clause, where the employer proposes a workplace change that is likely to have significant effects, the employer shall provide notice in writing and transmitted electronically (where available), to the employees who may be affected by the proposed change and the unions to which they belong as follows:

 

(1)       Subject to subclause (iii)(a)(2) of this clause, at least twenty-eight (28) days prior to making a definite decision; or

 

(2)       Where the proposed change may involve terminating an employee’s employment because of the introduction of technology, at least three (3) months prior to the making of a definite decision.

 

(b)      Notice of proposed workplace change under subclause (iii)(a) shall include:

 

(1)       the nature of the proposed change;

 

(2)       the reasons for the proposed change;

 

(3)       the positions likely to be affected; and

 

(4)       such other information as is reasonable in the circumstances.

 

(c)       Employer’s duty to discuss proposed workplace change – The employer shall discuss with the employees likely to be affected and the unions to which they belong, what effects the proposed change is likely to have on the employees and any alternative proposals.  The employer shall give prompt consideration to matters raised by the employees and their unions in relation to the proposed change.  These discussions shall commence as early as practicable.

 

(d)      The employer shall provide all relevant information to the employees and the union to which they belong.

 

(e)       The employer may reconsider the original proposed workplace change.

 

(f)       Competitive tendering – Where employees who are adversely affected by the proposed changes request the employer’s assistance to submit an in-house bid and the employer refuses that request, the employer shall provide the reasons in writing.

 

(iv)     Decision and Implementation Stage

 

(a)       Employer’s duty to notify a definite decision that has significant effects –  Subject to the exceptions identified at subclause (v) of this clause, where the employer has made a definite decision to introduce major workplace change that has significant effects on employees, the employer shall provide notice in writing and transmitted electronically (where available), to the employees who will be affected by the change and the unions to which they belong at least seven (7) days before a definite decision is implemented.

 

(b)      The purpose of the Decision and Implementation Stage is for the employer to discuss with affected employees and the unions to which they belong, measures to minimise or mitigate the adverse effects of the definite decision.  At this Stage the employer is not bound to give any further consideration to matters raised by the employees and their unions in relation to the proposed workplace change. 

 

(c)       Notice of a definite decision under subclause (iv)(a) shall include (where applicable):

 

(1)       the nature of the definite change;

 

(2)       the reasons for the definite change;

 

(3)       the positions to be affected;

 

(4)       in the case of termination of employment:

 

·            The number and category of employees whose employment is to be terminated; and

 

·            The period over which the terminations are likely to be carried out;

 

(5)       such other information as is reasonable in the circumstances.

 

(d)      Employer’s duty to discuss – The employer shall discuss with the employees affected and the unions to which they belong, measures to avert or mitigate any adverse effects of the change on employees and shall give prompt consideration to matters raised by employees and their unions.

 

(e)       The discussions shall take place as soon as practicable after the employer has made a definite decision and shall cover measures to avoid or minimise any adverse effects on the employees. Measures to mitigate adverse effects on employees may include, consideration of re-training opportunities; redeployment (including redeployment into positions occupied by casual and labour hire staff); recruitment advice; the payment of relocation allowances; provision of additional notice; access to an employee assistance program; financial advice and such other assistance as may be reasonably available.

 

(f)       Implementation – Subject to subclause (v) of this clause, the employer shall not implement a definite decision to introduce major workplace change that has significant effects on employees until the obligations under subclauses (iv)(a) and (iv)(d) of this clause have been met.

 

(v)       Exceptional circumstances

 

Notwithstanding the provisions of subclauses (iii) and (iv) of this clause, workplace change may be implemented in accordance with the following:

 

A	B
If affected employees consent to workplace change	Immediately
If all unions with coverage of the affected employees consent to the workplace change	Immediately
Exceptional Circumstances	14 days after the provision of Written Notice

 

(b)      For the purpose of this subclause Exceptional Circumstances refers to workplace change that is the result of something that is unexpected and beyond the employer’s control that results in a significant loss of funding for positions or no useful work for employees in the foreseeable future.

 

(c)       For the purpose of this subclause Written Notice means notification that is in writing and transmitted electronically (where available) to the employees affected by the change and the unions to which they belong. The Written Notice shall include (where applicable):

 

(1)       the nature of the definite change;

 

(2)       the reasons for the definite change;

 

(3)       the positions to be affected;

 

(4)       in the case of termination of employment:

 

·            The number and category of employees whose employment is to be terminated; and

 

·            The period over which the terminations are likely to be carried out;

 

(5)       such other information as is reasonable in the circumstances.

 

43.  Termination of Employment and Redeployment Due to Redundancy

 

(i)       Notice of Termination

 

(a)       Where the employer terminates an employee’s employment due to redundancy, the employer shall provide the employee with five (5) weeks’ notice to terminate or pay in lieu thereof provided that the employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(b)      Notice or payment of notice under this paragraph shall be deemed to be service with the employer for the purposes of calculating leave entitlements under this Award.

 

(ii)      Notice to Centrelink

 

Where a decision has been made to terminate fifteen (15) or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer shall notify Centrelink as soon as possible giving relevant information as provided at section 530 of the Fair Work Act 2009 (Cth).

 

(iii)     Severance Pay

 

(a)       This subclause shall apply where an employee is terminated due to redundancy except where the employee concerned has been offered, but has refused to accept, an alternative position within the employer's organisation structure of comparable skill and accountability levels and remuneration no less than the position previously held by the employee.

 

(b)      In addition to any required period of notice, and subject to subclause (i) of this Clause, the employee shall be entitled to severance pay as follows:

 

COMPLETED YEARS OF SERVICE WITH THE EMPLOYER	ENTITLEMENT
Less than 1 year	Nil
1 year and less than 2 years	5 weeks pay
2 years and less than 3 years	9 weeks pay
3 years and less than 4 years	13 weeks pay
4 years and less than 5 years	16 weeks pay
5 years and less than 6 years	19 weeks pay
6 years and less than 7 years	22 weeks pay
7 years and less than 8 years	25 weeks pay
8 years and less than 9 years	28 weeks pay
9 years and less than 10 years	31 weeks pay
10 years and thereafter	34 weeks pay

 

(iv)     An employee who resigns during the period of notice is entitled to the same redundancy payments provided in this clause as if they had remained in the employer’s employment until the expiry of the notice period.

 

(v)       During a period of notice of termination given by the employer, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. Where required by the employer the employee shall provide proof of attendance at an interview.

 

(vi)     A redundant employee shall be entitled to the payment of a job search allowance of up to the rate set out in Table 2 of Part B of this Award inclusive of Fringe Benefits Tax (FBT) to meet expenses associated with seeking other employment subject to proof of expenditure or on production of an invoice, and/or other appropriate documentation. The employee’s entitlement to claim the job search allowance is limited to a period of up to 12 months from their termination of service with the employer or until the employee secures alternative employment, whichever is the sooner. Where the employer supplies the employee with a portable electronic device primarily for use in the employee’s employment, the employer may by written agreement, gift the device to the employee in lieu of all or part of the job search allowance provided for in this subclause.

 

(vii)    If the employee agrees to be redeployed by the employer into a lower paid position, the employee's existing salary and conditions shall be maintained for a period equivalent to the amount of notice and severance pay that the employee would be entitled to under this Award. Provided that should the employee resign during the period of salary maintenance, as provided for by this subclause, the balance of any notice and severance pay that the employee would have been entitled to for the remainder of the period of salary maintenance shall be paid on termination.

 

(viii)   The employer shall, upon receipt of a request from an employee to show employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification or the type of work performed by the employee.

 

(ix)     The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Human Services.

 

(x)       In the event that the employer determines that a position is redundant, the employer where practicable, shall firstly offer such redundancy on a voluntary basis.

 

(xi)     Nothing in this Award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industry unions and the employers bound by this Award.

 

(xii)    Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, the employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (iii) above if the employer obtains acceptable alternative employment for an employee.

 

(xiii)   Nothing in this clause shall restrict an employee with ten years’ service or more and the employer from agreeing to further severance payments.

 

(xiv)   Nothing in this clause restricts the elected council and/or general manager from exercising their right under the Local Government Act 1993 (NSW) to determine and/or re-determine the organisation structure from time to time, and to implement such determinations.

 

44.  Council Agreements

 

(i)       The parties agree to review operations at the council level on an ongoing basis with a view to providing enhanced flexibility and efficiency and to meet the particular working needs of the employer and its employees.

 

(ii)      The terms of any agreement reached between the parties shall substitute for the provisions of the Award provided that:

 

(a)       the extent of the agreement shall be limited to the Award's Clause 11, Performance Evaluation and Reward; Clause 13, Payment of Employees; Clause 17, subclauses (x) and (xi), Travelling and Camping Allowances; Clause 20, Hours of Work; Clause 21, Overtime; Clause 22, Holidays; Clause 27, Part-Time Employment; and Clause 29, Job Share Employment.

 

(b)      the agreement does not provide less than the entry level rates of pay;

 

(c)       the agreement is consistent with the Industrial Relations Act 1996 (NSW) and current wage fixing principles; and

 

(d)      the agreement shall be processed in accordance with subclause (iii) of this clause. Provided further that, where the agreement proposes to vary award provisions other than those nominated in paragraph (a) above, the agreement shall be processed in accordance with the Principles for Approval of Enterprise Agreements.

 

(iii)     A council agreement shall be processed as follows:

 

(a)       the unions shall be notified prior to the commencement of negotiations;

 

(b)      the agreement has been genuinely arrived at by negotiation without compulsion;

 

(c)       the agreement shall be committed to writing and shall include a date of operation and a date of expiration;

 

(d)      the employer and the appropriate union(s) shall sign the agreement and a copy sent to the Association;

 

(e)       Any party to a council agreement may at any stage during the above process refer the matter to the Industrial Relations Commission of NSW.

 

(iv)

 

(a)       Section 44 of the Industrial Relations Act 1996 (NSW) relating to the termination of enterprise agreements shall apply to the termination of council agreements made in accordance with this clause, and a council agreement may be terminated in the same manner as an enterprise agreement.

 

(b)      Where a council agreement is terminated at or after the end of its nominal term by the giving of written notice to each other party to the agreement, at least three (3) months’ notice shall be given.  The notice may be served before the end of the nominal term.

 

(c)       Termination of a council agreement is not effective until all of the parties to the agreement have been given written notice of the approval to terminate or of service of the notice of intention to terminate.

 

45.  Savings and Transitional

 

(i)       The employer must ensure that employees engaged on incremental scales on or before 8 June 1992, continue to be paid in accordance with the incremental scales as adjusted. This subclause does not apply in the following circumstances:

 

(a)       if the employer has an operative training plan which is sufficient to allow progression at least equal to that under the previous incremental scales;

 

(b)      if an employee chooses not to undertake training consistent with the employer’s training plan; and

 

(c)       if the incremental scale provides a rate of pay less than the Award entry level rate of pay.

 

(ii)

 

(a)       No employee shall receive a reduction in pay as a result of the implementation of this Award or transfer to a salary system.

 

(b)      Unless otherwise agreed, employees, including seasonal workers, who are in regular receipt of penalty rates and/or shift penalties, aggregate rates of pay or other arrangements that compensate for hours of work shall either continue to receive such benefits or the payments prescribed by clause 20, whichever is the higher.

 

(c)       The provisions in subclause (ii)(b) shall apply where council and enterprise agreements are terminated.

 

(d)      The provisions in subclause (ii)(b) shall apply in addition to the Award increases prescribed by clause 47.

 

(iii)     Where employees, employed in areas where the employer's office is situated upon or to the west of a line starting from a point on the right bank of the Murray River opposite Swan Hill (Victoria), thence by straight lines passing through the following towns or localities in the order stated, viz: Conargo, Argoon, Hay, Rankin's Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of making this Award had an entitlement to receive one week's leave of absence with pay in addition to the annual leave provided at subclause 23D(i) of this Award, the employee shall retain this entitlement whilst still employed by the employer at which they were working at the time of the making this Award.

 

(iv)

 

(a)       West of the Line Allowance

 

Where employees of the undermentioned council areas and those employers situated to the west thereof at the time of making this Award were paid at the rate per week as set out in Table 2 of Part B in addition to their salary system rate of pay, those employees shall retain this entitlement whilst they continue to be employed by the employer at which they were working, at the time of the making of this Award; Moree Plains, Walgett, Narrabri, Coonamble, Warren, Lachlan, Carrathool, Leeton, Murrumbidgee, Windouran, Murray and Griffith.

 

(b)      Climatic Allowance

 

Where employees working within the area bounded by the Shires of Snowy River, Tumut and Tumbarumba at the time of the making of this Award, were paid per week as set out in Table 2 of Part B or part thereof, those employees shall retain this entitlement whilst still employed by the employer at which they were working, at the time of the making of this Award.

 

(c)       In addition to what is provided in paragraphs (a) and (b) of this subclause, the allowances shall be paid to those employees during periods of absence on paid sick leave, public holidays and annual leave, but not otherwise.

 

(v)       Where an employee prior to 11 May 1995, had an entitlement to transfer accumulated sick leave from one employer to another employer in New South Wales, under the Local Government Senior Officers' Award the employee shall retain this entitlement.

 

(vi)     The implementation of this Award shall not result in the removal of any existing arrangement for an additional payment made by the employer for the payment of wages, excepting when such payment relates to FID.

 

(vii)    Where an on-call employee has been paid a minimum payment for a public holiday on a regular basis, such arrangements shall continue, unless otherwise agreed.

 

(viii)   Where a casual employee engaged in a position on a regular and systematic basis has been paid casual loading on overtime prior to 1 November 2007, such arrangements shall continue while such employee is engaged in that position, unless otherwise agreed.

 

46.  Leave Reserved

 

(i)       Leave is reserved for the parties to the Award to apply to vary tool allowances as set out in Clause 17(vi)(a) and compensation of tools as set out in Clause 17(vi)(d) of this Award in line with the Crown Employees (Skilled Trades) Award.

 

(ii)      Following any adjustment to the federal Local Government Industry Award 2010, leave is reserved for the parties to apply to amend Clause 17(x)(j), Clause 18A(i), Clause 18A(iii) and Clause 18B of this Award to reflect such adjustment. The vehicle allowance rates are to be set and may be amended as follows:

 

·            For vehicles with an engine capacity of 2.5L and above, in line with the motor vehicle allowance provided for in the federal Local Government Industry Award 2020.

 

·            For vehicles with an engine capacity of under 2.5L, 85% of the rate provided for vehicles with an engine capacity of 2.5L and above;

 

·            For hybrid vehicles, 65% of the rate provided for vehicles with an engine capacity of 2.5L and above.

 

·            For electric vehicles, 45% of the rate provided for vehicles with an engine capacity of 2.5L and above.

 

The minimum quarterly payment is the vehicle allowance rate for an engine capacity of 2.5L and above multiplied by 2,750.

 

Notwithstanding the above, leave is also reserved to the parties to apply to vary the vehicle allowances under the Award relating to zero or low emissions vehicles to ensure that they reflect a fair and reasonable reimbursement of the expense.

 

(iii)     Following any adjustment to the federal Local Government Industry Award 2010, leave is reserved for the parties to apply to amend the meal allowance set out in Clause 17(xiv) to reflect such adjustment. The relevant adjustment factor for this purpose is the percentage movement in the index figure published by the Australian Bureau of Statistics for Eight Capitals, take away and fast foods sub-group (Cat No 6401.0).

 

(iv)     Leave is reserved for the parties to the Award to apply to vary the traineeship wage rates in Clause 32E(xii) in accordance with the pay scales derived from the federal Local Government Industry Award 2010.

 

(v)       Leave is reserved for the parties to the Award to apply to vary Clause 32, Junior and Trainee Employment, to reflect industry training needs.

 

(vi)     Leave is reserved for the parties to apply to vary the Award consistent with the principles of the Industrial Relations Commission of New South Wales in relation to the accreditation of employees by NSW Fair Trading.

 

(vii)    Leave is reserved for the parties to apply to vary the Award to reflect legislative changes that relate to parental leave.

 

(viii)   Leave is reserved for the parties to apply to vary Clause 18B(iii)(b), variations to leaseback fees, to reflect future changes to fringe benefits tax.

 

(ix)     Leave is reserved for the parties to apply to vary Clause 23D, Annual Leave, to reflect variations to the Annual Holidays Act 1944 (NSW) in relation to payment in lieu of annual leave or the taking of annual leave at full, half or double pay.

 

(x)       Leave is reserved for the parties to apply to vary the Award to reflect legislative changes (statute and/or regulations) concerning the registration of professional engineers.

 

(xi)     The parties agree to commence a thorough review of the following allowances within 12 months of the commencement of the Award and have leave reserved to apply to the Industrial Relations Commission of New South Wales during the life of the Award for a determination of the arrangements to apply in the next award to succeed this Award:

 

Level 1 Adverse Working Conditions Allowance – subclause 17(i) of the Award

 

Level 2 Adverse Working Conditions Allowance – subclause 17(ii) of the Award

 

Sewer Chokes – subclause 17(iii) of the Award

 

Septic Tanks – subclause 17(iv) of the Award

 

Sewerage Treatment Works – subclause 17(v) of the Award

 

(xii)    The parties agree to commence a review of the shift penalties prescribed at clause 20C [Shift Work] and have leave reserved to apply to the Industrial Relations Commission of New South Wales during the life of the Award.

 

47.  Area, Incidence and Duration

 

(i)       This Award shall apply to all employers and employees:

 

(a)       in local government in New South Wales; and

 

(b)      in the local government industry in New South Wales as defined in this clause.

 

(ii)      In this Award “local government industry in New South Wales” means all activities undertaken by local government entities, including activities undertaken by corporations controlled by one or more local government entities.  For the purposes of this subclause a corporation is controlled by one or more local government entities if one or more local government entities have the capacity to determine the outcomes of decisions about the corporation’s financial and operating policies.

 

(iii)     The Award does not cover those employers and employees:

 

(a)       whose positions are determined pursuant to section 332 of the Local Government Act 1993 (NSW) to be senior staff positions;

 

(b)      covered by the Local Government (Electricians) State Award;

 

(c)       covered by the Nursing Homes, &c., Nurses’ (State) Award;

 

(d)      covered by the Local Government, Aged, Disability and Home Care (State) Award;

 

(e)       covered by the Miscellaneous Workers Home Care Industry (State) Award;

 

(f)       employed by The City of Sydney;

 

(g)      employed by Wollongong City Council;

 

(h)      employed by Broken Hill City Council (that being the County of Yancowinna);

 

(i)       employed by Newcastle City Council and covered by the Entertainment and Broadcasting Industry – Live Theatre and Concert (State) Award;

 

(j)       employed by the Moree Artesian Aquatic Centre and principally engaged in the duties of the MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and

 

(k)      employed by Newcastle Airport Pty Limited.

 

(iv)     This Award shall rescind and replace the Local Government (State) Award 2020 published the 3rd of July 2020 (338 IG 1038) and reprinted 21 April 2023 (394 I.G. 16) and all variations thereof.

 

(v)       This Award shall operate from the commencement of the first pay period on or after the 1 July 2023 and shall remain in force for a period of three years.

 

(vi)     The Award in column (a) of Table 1 of Part B provides for a 4.5% increase in rates of pay to operate from the first full pay period to commence on or after 1 July 2023.

 

(vii)    The Award in column (b) of Table 1 of Part B provides for a 3.5% increase in rates of pay to operate from the first full pay period to commence on or after 1 July 2024.

 

(viii)   The Award in column (c) of Table 1 of Part B provides for a 3% increase in rates of pay to operate from the first full pay period to commence on or after 1 July 2025.

 

(ix)     The increases in rates of pay provided by this Award shall apply to the rates of pay in employer’s salary system.

 

(x)       The increases granted by this Award may be absorbed into enterprise increases granted since 29 May 1991 exceeding any award increases since that date, that is an $8 safety net adjustment and increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%, 3.25%, 2.7%, 3.3%, 3.25%, 3.25%, 4.0%, 3.5%, 3%, 3.2%, 3.2%, 3.2%, 2.6%, 2.15%, 3.25%, 3.25%, 2.6%, 2.7%, 2.8%, 2.35%, 2.5%, 2.5%, 1.5%, 2.0% and 2.0% provided that the following increases shall not be absorbed:

 

(a)       placement or progression within the employer's salary system;

 

(b)      increases in hours of work; and

 

(c)       incorporation of penalty rates and shift or other allowances into the employee's rate of pay.

 

(xi)     In agreeing to increases in rates of pay for the term of this Award, the parties recognise that employers and employees have and shall continue to engage in enterprise bargaining.

 

Part B

 

MONETARY RATES – TABLE 1

 

CLAUSE 7 – RATES OF PAY

 

Band/Level	(a) Rate Per Week $	(b) Rate Per Week $	(c) Rate Per Week $
	First Pay Period 01/07/23	First Pay Period 01/07/24	First Pay Period 01/07/25
Operational Band 1
Level 1 (Juniors and Trainees)
T1 at 15 years of age	452.20	468.00	482.00
T2 at 16 years of age	564.40	584.20	601.70
T3 at 17 years of age	663.90	687.10	707.70
T4 at 18 years of age or over or HSC	776.10	803.30	827.40
T5	889.00	920.10	947.70
T6	959.60	993.20	1023.00
T7	1006.90	1042.10	1073.40
T8	1055.20	1092.10	1124.90
T9	1103.90	1142.50	1176.80
T10	1154.20	1194.60	1230.40
Level 2	947.10	980.20	1009.60
Level 3	1008.70	1044.00	1075.30
Level 4	1116.30	1155.40	1190.10
Administrative/Technical/Trades Band 2
Level 1	1103.90	1142.50	1176.80
Level 2	1266.00	1310.30	1349.60
Level 3	1515.10	1568.10	1615.10
Professional/Specialist Band 3
Level 1	1266.00	1310.30	1349.60
Level 2	1515.10	1568.10	1615.10
Level 3	1764.30	1826.10	1880.90
Level 4	2138.90	2213.80	2280.20
Executive Band 4
Level 1	2013.70	2084.20	2146.70
Level 2	2512.90	2600.90	2678.90
Level 3	3135.90	3245.70	3343.10
Level 4	3759.10	3890.70	4007.40

 

Note: T stands for Trainee

 

CLAUSE 32E (XII) – TRAINEESHIP WAGE RATES

 

	Highest Year of School Completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	384.30	423.10	503.30
Plus 1 year out of school	423.10	503.30	585.70
Plus 2 years	503.30	585.70	681.60
Plus 3 years	585.70	681.60	780.40
Plus 4 years	681.60	780.40
Plus 5 years or more	780.40

 

MONETARY RATES – TABLE 2 ALLOWANCES

 

	First Pay Period 01/07/23 $	First Pay Period 01/07/24 $	First Pay Period 01/07/25 $
Clause 17(i) Level 1 Adverse Working Conditions Allowance	0.481 p.h. or	0.498 p.h. or	0.513 p.h. or
	18.28 p.w.	18.92 p.w.	19.49 p.w.
Clause 17(ii) Level 2 Adverse Working Conditions Allowance	1.244 p.h. or	1.288 p.h. or	1.327 p.h. or
	47.27 p.w.	48.94 p.w.	50.43 p.w.
Clause 17(iii) Sewer Chokes	10.17 p.s.	10.53 p.s.	10.85 p.s.
Clause 17(vi)(a) Tool Allowances
Bricklayer	25.30 p.w.	Pending	Pending
Carpenter & Plumber	35.40 p.w.	Pending	Pending
Metal & Mechanical Trades	35.40 p.w.	Pending	Pending
Painter & Signwriter	8.70 p.w.	Pending	Pending
Plasterer	35.40 p.w.	Pending	Pending
Clause 17(vi)(d) Insurance Value	2049.00 p.a.	Pending	Pending
Clause 17(x)(f) Travelling Allowances
3 - 10 km	5.73 p.j.	5.93 p.j.	6.11 p.j.
11 - 20 km	9.05 p.j.	9.37 p.j.	9.65 p.j.
21 - 33 km	13.10 p.j.	13.56 p.j.	13.97 p.j.
34 - 50 km	20.04 p.j.	20.74 p.j.	21.36 p.j.
Each additional 10kms	5.39 p.j.	5.58 p.j.	5.75 p.j.
Clause 17(x)(j) Vehicle Allowance (cents / km)
Int. combustion - 2.5 litres and over	0.95 p.km.	Pending	Pending
Int. combustion - Under 2.5 litres	0.81 p.km.	Pending	Pending
Hybrid vehicle	0.62 p.km.	Pending	Pending
Electric vehicle	0.43 p.km.	Pending	Pending
Clause 17(xi)(a) Camping Allowance	74.54 p.n.	77.15 p.n.	79.46 p.n.
Clause 17 (xii)(a) Community Language Allowance	25.30 p.w.	26.20 p.w.	27.00 p.w.
Clause 17(xiii)(a) First Aid Allowance	17.00 p.w.	17.60 p.w.	18.10 p.w.
Clause 17(xiv) Meal Allowance	18.23	Pending	Pending
Clause 17(xv) Civil Liability Allowance	3.5%	3.5%	3.5%
Clause 18A(i) Vehicle Allowances (cents / km)
Int. combustion - 2.5 litres and over	0.95 p.km.	Pending	Pending
Int. combustion - Under 2.5 litres	0.81 p.km.	Pending	Pending
Hybrid vehicle	0.62 p.km.	Pending	Pending
Electric vehicle	0.43 p.km.	Pending	Pending
Clause 18A(iii) Minimum quarterly payment	2612.50	Pending	Pending
Clause 21C(ii) On Call Allowance on ordinary working days	23.00 p.d.	24.00 p.d.	25.00 p.d.
Clause 21C(iii) On Call Allowance - on other days	46.00 p.d.	48.00 p.d.	50.00 p.d.
Clause 21C(iv) On Call Allowance - max. / week	207.00 p.w.	216.00 p.w.	225.00 p.w.
Clause 43(vi) Job Search Allowance	2966.80	3070.60	3162.70
Clause 45(iv) Savings and Transitional
(a)       West of the Line Allowance	3.90 p.w.	3.90 p.w.	3.90 p.w.
(b)       Climatic Allowance	3.90 p.w.	3.90 p.w.	3.90 p.w.

 

Key:

 

p.h.   =  per hour	p.w.   =  per week	p.km. =  per kilometre
p.a.   =  per annum	p.n.   =  per night	p.j.     =  per journey
p.d.   =  per day		p.s.     =  per shift

 

SCHEDULE 1

 

MINIMUM STANDARDS OF CARAVAN ACCOMMODATION TO BE PROVIDED TO EMPLOYEES REQUIRED TO CAMP OUT

 

Where employees camp out the employer shall provide suitable caravan accommodation for the employees concerned in accordance with the following minimum standards:

 

(a)       Caravans shall be of such size as to provide adequate space for each employee and no more than two employees should be accommodated in any one caravan.

 

(b)       The walls and ceilings of the caravan shall be of sound construction and shall be insulated. Fly screen doors and windows shall be fitted and all openings adequately sealed against dust and/or weather conditions. Adequate steps shall be provided at each door.

 

(c)       The floor is to be covered with vinyl tiles, linoleum or other acceptable standard floor covering.

 

(d)       Reverse cycle or refrigerated air conditioning or other agreed cooling device and/or heater shall be provided in each caravan and shall be appropriately maintained.

 

(e)       Two separately located suitable bedding shall be provided together with suitable mattresses.

 

(f)       A fixed separate table shall be provided with two separate seats and brackets so as to provide for the taking of meals comfortably.

 

(g)       A wardrobe shall be provided for each employee, ensuring adequate clothes hanging space, fitted with shelf.

 

(h)       A personal bed locker shall be located at each bed. This shall consist of at least one shelf and door.

 

(i)       Each camp shall be supplied with an electric generator or other suitable power source that is of the low decibel type and the generator shall be housed in such a manner so as to provide for noise insulation. The generator shall be sufficiently powerful so as to service each appliance that is within or is associated with the use of the van. Generators shall be appropriately maintained.

 

(j)       Adequate electric lighting shall be installed in the caravan and sufficient external lighting shall be provided so as to allow for safe access to toilet facilities and vehicles.

 

(k)       Each caravan shall be equipped with a suitable refrigerator; a stovette with two burners and a griller and, where such stovette is an l.p.g. stovette, shall be fitted with safety tap. A sink with basin pump connected to a storage water tank of sufficient capacity shall be provided. The water tank shall have an external tap. An adequate supply of cool drinking water shall be provided.

 

(l)       A food and utensils storage cabinet suitably equipped with pots, pans and kettle and sufficient bench space shall be provided to allow for the preparation of meals.

 

(m)     Showering facilities shall be included in the caravan. Each shower cubicle shall be provided with a shower curtain and rod, soap holder, hot and cold water and non-slip floor. Soap and other suitable cleaning agents shall be provided for employees taking showers, such cleaning agents should be of a type that will safely remove an unwanted substance with which the employee has come in contact. Adequate lighting and ventilation shall be provided in the shower area.

 

(n)       The carrying and storage of fuel and employer stores within the internal frame of the caravan will not be permitted under any circumstances. Employers shall provide for the safe keeping of employees tool kits and personal belongings, including when employees are off the site. Provision shall be made to allow for safe storage of hand tools and other equipment during meal and other breaks.

 

(o)       Kerosene heating, cooking and/or lighting are not considered to be suitable facilities.

 

(p)       Suitable cleaning equipment shall be provided together with storage facilities for such equipment.

 

(q)       Access to and egress from all amenities shall be kept clear at all times.

 

(r)

 

(i)       Garbage bins, which are vermin/fly proof with secure lids shall be provided together with removable and sealable bin liners.

 

(ii)      Adequate toilet facilities shall be provided and positioned to provide privacy and so as to preclude odours reaching meal and/or accommodation facilities.

 

(s)       Washing facilities shall be provided under cover and an adequate supply of soap and paper towels shall be provided and replaced as needed. A vermin/fly proof garbage bin with removable liner and secure lid shall be provided in the vicinity of the washing facilities and emptied when necessary.

 

(t)       Caravans shall be regularly inspected for maintenance purposes and a record book kept by employer indicating the age of the vans and maintenance work carried out on the vans.

 

 

 

C. MUIR, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.