Crown Employees (SAS Trustee Corporation) Award
2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
This reprint of the consolidated
award is published under the authority of the Industrial Registrar pursuant to
section 390 of the Industrial Relations Act 1996, and under
clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at 1 July 2023.
E. ROBINSON, Industrial Registrar
Schedule of Variations Incorporated
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Variation Serial
No.
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Date
of Publication
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Effective
Date
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Industrial
Gazette Reference
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Volume
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Page No.
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C9674
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4 August 2023
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1 July 2023
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394
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1519
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AWARD
PART A
SECTION 1 -
FRAMEWORK
1. Arrangement
Clause No. Subject Matter
PART A
SECTION 1 - FRAMEWORK
1. Arrangement
2. Title
3. Definitions
4. Parties to
the Award
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
10. Salaries
and Grades
SECTION 2 - ATTENDANCE/HOURS OF WORK
11. Working
Hours
12. Casual
Employment
13. Part-Time
Employment
14. Morning and
Afternoon Breaks
15. Meal Breaks
and Lactation Breaks
16. Variation
of Hours
17. Natural
Emergencies and Major Transport Disruptions
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard
Working Hours
21. Flexible
Working Hours
22. Non-Compliance
23. Flexible
Work Practices
24. Existing
Hours of Work Determinations
SECTION 3 - TRAVEL ARRANGEMENTS
25. Travelling
Compensation
26. Assistance with
Public Transport Tickets for Travel to Work
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One-Day Journeys
30. Restrictions
on Payment of Travelling Allowances
31. Production
of Receipts
32. Travelling
Distance
SECTION 4 - ALLOWANCES AND OTHER MATTERS
33. Allowance
Payable for Use of Private Motor Vehicle
34. Damage to
Private Motor Vehicle Used for Work
35. Overseas
Travel
36. Exchanges
37. Room at
Home Used as Office
38. Semi-Official
Telephones
39. Compensation
for Damage to or Loss of Employee’s Personal Property
40. First Aid
Allowance
41. Review of
Allowances Payable in Terms of This Award
SECTION 5 - UNION CONSULTATION, ACCESS
AND ACTIVITIES
42. Trade Union
Activities Regarded as On Duty
43. Trade Union
Activities Regarded as Special Leave
44. Trade Union
Training Courses
45. Conditions
Applying to On Loan Arrangements
46. Period of
Notice for Trade Union Activities
47. Access to
Facilities by Trade Union Delegates
48. Responsibilities
of the Trade Union Delegate
49. Responsibilities
of the Trade Union
50. Responsibilities
of Workplace Management
51. Right of
Entry Provisions
52. Travelling
and Other Costs of Trade Union Delegates
53. Industrial
Action
54. Consultation
and Technological Change
55. Deduction
of Trade Union Membership Fees
SECTION 6 - LEAVE
56. Leave -
General Provisions
57. Absence
from Work
58. Applying
for Leave
59. Extended
Leave
60. Family and
Community Service Leave
61. Leave
Without Pay
62. Military
Leave
63. Observance
of Essential Religious or Cultural Obligations
64. Parental
Leave
65. Purchased
Leave
66. Recreation
Leave
67. Annual
Leave Loading
68. Sick Leave
69. Sick Leave
- Requirements for Evidence of Illness
70. Sick Leave
to Care for a Family Member
71. Sick Leave
- Workers Compensation
72. Sick Leave
- Claims Other than Workers Compensation
73. Special
Leave
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
74. Staff
Development and Training Activities
75. Study
Assistance
SECTION 8 - OVERTIME
76. Overtime -
General
77. Overtime
Worked by Day Workers
78. Overtime
Meal Breaks
79. Overtime
Meal Allowances
80. Rate of
Payment for Overtime
81. Payment for
Overtime or Leave in Lieu
82. Calculation
of Overtime
83. Provision
of Transport in Conjunction with Working of Overtime
SECTION 9 - MISCELLANEOUS
84. Anti-Discrimination
85. Secure
Employment
86. Existing
Entitlements
87. Incidence
and Duration
88. No extra
claims
PART B
MONETARY RATES
Table 1 - Allowances
Table 2 - Salary Rates
2. Title
This award shall be known as the Crown Employees (SAS
Trustee Corporation) Award 2021.
3. Definitions
3.1 Act means the Government Sector Employment Act 2013.
3.2 Accumulation
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.3 Agreement means
an agreement referred to in section 51 of the Act or an agreement as defined in
the Industrial Relations Act 1996
(NSW).
3.3 Association
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.4 At the
convenience of means the operational requirements permit the employee's release
from duty or that satisfactory arrangements are able to
be made for the performance of the employee's duties during the absence.
3.5 Award means an
award as defined in the Industrial
Relations Act 1996.
3.6 Birth means the
birth of a child and includes stillbirth.
3.7 Capital City
means the area set out as the area for the Sydney Telephone District Directory
coded N00 in the Sydney White Pages or within a corresponding area in the
Capital City of another State or Territory.
3.8 Casual Employee
means any employee engaged in terms of section 43 of the Act, and any
guidelines issued thereof or as amended from time to time.
3.9 Chief Executive Officer
means the Chief Executive of SAS Trustee Corporation as defined in the Superannuation Administration Act 1996
(NSW) or any acting Chief Executive Officer.
3.10 Contract hours,
for the day for a full time employee, means one fifth
of the full time contract hours, as defined in this award. For a part time employee, contract hours for
the day means the hours usually worked on the day.
3.11 Corporation means
the SAS Trustee Corporation, as defined in the Act.
3.12 Daily rate or
Rate per day means the rate payable for 24 hours, unless otherwise specified.
3.13 Day worker means
an employee who works the ordinary hours from Monday to Friday inclusive
between the hours of 7.30 a.m. and 6.00 p.m. or as negotiated under a local
arrangement.
3.14 Employees means
persons employed by the Corporation under Section 21 of the Act whose positions
and rates of pay are set out in Table 2 - Salary Rates of Part B, Monetary
Rates, of this award. For the purposes of maternity leave, as set out in clause
64, Parental Leave of this award, employee means a female employee.
3.15 Expected date of
birth, in relation to an employee who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner
expects the employee to give birth as a result of the
pregnancy.
3.16 Extended leave
means extended (long service) leave to which an employee is entitled under the
provisions of the Act, as amended from time to time.
3.17 Flexible working
hours credit means the time exceeding the contract hours for a settlement
period and includes any time carried over from a previous settlement period or
periods.
3.18 Flexible working
hours debit means the contract hours not worked by an employee and not covered
by approved leave during the settlement period, as well as any debit carried
over from the previous settlement period or periods.
3.19 Flexible working
hours scheme means the scheme outlined in clause 21, Flexible Working Hours, of
this award which enables employees, subject to operational requirements, to
select their starting and finishing times and which replaces the Flexible
Working Hours Agreement No 2275 of 1980.
3.20 Flexible Work
Practices, Policy and Guidelines means the document negotiated between the
Director of Public Employment, Unions NSW and affiliated unions which enables
employees to rearrange their work pattern.
3.21 Flex leave means
a period of leave available to be taken by an employee as specified in
subclause 21.16 of clause 21, Flexible Working Hours, of this award.
3.22 Full day means
the standard full time contract hours for the day, i.e.
seven hours.
3.23 Full pay or half
pay means the employee's ordinary rate of pay or half the ordinary rate of pay
respectively.
3.24 Full-time
contract hours means the standard weekly hours, that is, 35 hours per week
required to be worked.
3.25 Full-time
employee means an employee whose ordinary hours of duty are specified as such
in a formal industrial instrument or whose contract hours are equivalent to the
full-time contract hours for the job classification.
3.26 Half day means half the standard contract hours for the day.
3.27 Headquarters
means the centre(s) to which an employee is attached or from which an employee
is required to operate on a long-term basis.
3.28 Industrial action
means industrial action as defined in the Industrial
Relations Act 1996 (NSW).
3.29 Industrial
Relations Secretary means the person, within the meaning of the Government Sector Employment Act 2013,
who is for the purposes of any proceedings relating to Public Service employees
held before a competent tribunal having jurisdiction to deal with industrial
matters, taken to be the employer of Public Service employees.
3.30 Local Arrangement
means an agreement reached at the organisational level between the Chief
Executive Officer and the Association.
3.31 Local holiday
means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the
State.
3.32 Normal hours of
duty means:
for an employee working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for an employee working under a flexible working hours
scheme or local arrangement - the hours of duty the Chief Executive Officer
requires an employee to work within the bandwidth specified under the flexible
working hours scheme or local arrangement.
3.33 Normal work
means, for the purposes of subclause 9.10 of clause 9, Grievance and Dispute
Settling Procedures, of this award, the work carried out in accordance with the
employee’s position or job description at the location where the employee was
employed, at the time the grievance or dispute was notified by the employee.
3.34 On duty means the
time required to be worked for the Corporation. For the purposes of clause 42,
Trade Union Activities Regarded as On Duty, of this award, on duty means the
time off with pay given by the Corporation to the accredited Association
delegate to enable the Association delegate to carry out legitimate Association
activities during ordinary work hours without being required to lodge an
application for leave.
3.35 On loan means an
arrangement between the Corporation and the Association where an employee is
given leave of absence from the workplace to take up employment with the
employee’s Association for a specified period of time
during which the Association is required to reimburse the Corporation for the
employee's salary and associated on-costs.
3.36 Ordinary hourly
rate of pay means the hourly equivalent of the annual rate of pay of the
classification as set out in Table 2 - Salary Rates of Part B, Monetary Rates,
of this award calculated using the formula set out in clause 12, Casual
Employment, of this award.
3.37 Overtime means
all time worked, whether before or after the ordinary daily hours of duty, at
the direction of the Chief Executive Officer, which, due to its character or
special circumstances, cannot be performed during the employees’ ordinary hours
of duty.
3.38 Part-time
position means a designated part-time position and, unless otherwise specified,
includes any position which is filled on a part-time basis.
3.39 Part-time
employee means an employee whose ordinary hours of duty are specified as
part-time in a formal industrial instrument or whose contract hours are less
than the full-time hours.
3.40 Prescribed
starting time means, for an employee not working under a flexible working hours
scheme, the commencement of standard daily hours of that employee. For an
employee working under a flexible working hours scheme, prescribed starting
time means the commencement of bandwidth of the scheme applying to that
employee.
3.41 Public holiday
means a day proclaimed under the Banks
and Bank Holidays Act 1912, as a bank or a public holiday. This definition
does not include a Saturday which is such a holiday by virtue of section 15A of
that Act, and 1 August or such other day that is a bank holiday instead of 1
August.
3.42 Relief staff
means staff employed on a temporary basis to provide relief in a position until
the return from authorised leave of the substantive occupant or in a vacant
position until it is filled substantively.
3.43 Residence, in
relation to an employee, means the ordinary and permanent place of abode of the
employee.
3.44 Special leave
means the employee is required to apply for special leave in
order to engage in an activity which attracts the grant of special leave
in the terms of this award.
3.45 Standard hours
are set and regular hours of operation as determined
by the Chief Executive Officer in accordance with any direction under the Act.
Standard hours are generally the hours which were in operation prior to the
introduction of flexible working hours or have been determined as standard
hours for the organisation since the introduction of flexible working hours.
3.46 Study leave means
leave without pay granted for courses at any level or for study tours during
which financial assistance may be approved by the Chief Executive Officer, if the activities to be undertaken are considered
to be of relevance or value to the Corporation and/or the public service.
3.47 Study Time means
the time allowed off from normal duties on full pay to an employee who is
studying in a part-time course which is of relevance to the Corporation and/or
the public service.
3.48 Supervisor means
the immediate supervisor or manager of the area in which an employee is employed or any other employee authorised by the Chief
Executive Officer to fulfil the role of a supervisor or manager, other than a
person engaged as a consultant or contractor.
3.49 Temporary work
location means the place at or from which an employee temporarily performs
official duty if required to work away from headquarters.
3.50 Trade Union or
Union means a registered trade union, as defined in the Industrial Relations Act 1996.
3.51 Trade Union Delegate
means an accredited Association delegate responsible for his/her workplace;
and/or a person who is elected by the Association as its representative, an
executive member or a member of the Association's
Council.
3.52 Workplace means
the whole of the organisation or, as the case may be, a
branch or section of the organisation in which the employee is employed.
3.53 Workplace
Management means the Chief Executive Officer, or any other person authorised by
the Chief Executive Officer to assume responsibility for the conduct and
effective, efficient and economical management of the
functions and activities of the Corporation or part of the Corporation.
4. Parties to the
Award
The parties to this award are:
SAS Trustee Corporation, as defined by the Government Sector Employment Act 2013;
Industrial Relations Secretary; and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Conditions of
Employment
This award contains the current common conditions of
employment as negotiated by the SAS Trustee Corporation and the Association.
6. Coverage
The provisions of this Award shall apply to employees
employed by the SAS Trustee Corporation under in positions to which the
classification structure and/or salary range contained in table 2 of this Award
applies.
7. Statement of Intent
This award aims to consolidate, in the one document, all
common conditions of employment of staff employed by the SAS Trustee Corporation,
to encourage the consultative processes at the various organisational levels,
to facilitate, as appropriate, greater flexibility in the workplace and to help
ensure that the excess hours, accumulated as a result of
the Corporation’s work requirements, are not forfeited.
8. Work Environment
8.1 Work Health and
Safety - The parties to this award are committed to achieving and maintaining accident-free
and healthy workplaces covered by this award by:
8.1.1 the development
of policies and guidelines for the Corporation and, as and when appropriate for
individual organisations, on Work Health, Safety and Rehabilitation;
8.1.2 assisting to achieve
the objectives of the Work Health and
Safety Act 2011 and the Work Health and Safety Regulation 2011 by
establishing agreed Work Health and Safety consultative arrangements; and to
identify and implement safe systems of work, safe work practices, working
environments and appropriate risk management strategies.
8.1.3 identifying
training strategies for employees, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;
8.1.4 developing
strategies to assist the rehabilitation of injured employees;
8.1.5 directly
involving the Chief Executive Officer in the provisions of paragraphs 8.1.1 to
8.1.4 inclusive of this subclause.
8.2 Equality in
employment - The Corporation is committed to the achievement of equality in
employment and the Award has been drafted to reflect this commitment.
8.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age
or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of Corporations are required to refrain from, or
being party to, any form of harassment in the workplace.
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority if required.
9.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the dispute or difficulty, request a meeting to discuss the matter, and if
possible, state the remedy sought.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Chief Executive Officer or delegate.
9.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
9.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This manager shall respond within two (2)
working days, or as soon as practicable. The employee may pursue the sequence
of reference to successive levels of management until the matter is referred to
the Chief Executive Officer.
9.6 If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the
reason for not taking action, in relation to the matter.
9.7 An employee, at
any stage, may request to be represented by the Association.
9.8 The employee or
the Association on their behalf or the Chief Executive Officer may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
9.9 The employee,
the Association, and the Corporation shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
9.10 Whilst the
procedures outlined in subclauses 9.1 to 9.9 of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
10. Salaries and
Grades
10.1 The salaries
payable to the employees are prescribed in Table 2 - Salary Rates of Part B,
Monetary Rates, of this award.
10.2 Positions within
SAS Trustee Corporation will be attributed to a classification grade by way of
a job evaluation methodology and criteria agreed to by the parties.
10.3 The Corporation
and employee(s) can agree to salary sacrifice arrangements consistent with the
arrangements under the Crown Employees (Public Sector - Salaries 2018) Award or
any variation or replacement award.
SECTION 2 - ATTENDANCE/HOURS OF WORK
11. Working Hours
11.1 Ordinary hours of
work are 35 hours per week.
11.2 Where employees
work under a flexitime arrangement work hours are averaged over a 4 week period.
11.3 The Chief
Executive Officer may require an employee to perform duty beyond the hours
determined under subclause 11.1 of this clause but only if it is reasonable for
the employee to be required to do so. An
employee may refuse to work additional hours in circumstances where the working
of such hours would result in the employee working unreasonable hours. In
determining what is unreasonable the following factors shall be taken into account:
11.3.1 the employee’s prior
commitments outside the workplace, particularly the employee’s family and carer
responsibilities, community obligations or study arrangements,
11.3.2 any risk to
employee’s health and safety,
11.3.3 the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
11.3.4 the notice (if
any) given by the Chief Executive Officer regarding the working of the
additional hours, and by the employee of their intention to refuse the working
of additional hours, or
11.3.5 any other relevant
matter.
11.4 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
12. Casual Employment
12.1 This clause will
only apply to those employees whose conditions of employment are not otherwise
included in another industrial instrument.
12.2 Hours of Work
12.2.1 A casual employee
is engaged and paid on an hourly basis.
12.2.2 A casual employee
will be engaged and paid for a minimum of 3 consecutive hours for each day
worked.
12.2.3 A casual employee
shall not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of
9 hours, except where longer periods are permitted under another award or local
arrangement covering the particular class of work or are required by the usual
work pattern of the position.
12.3 Rate of Pay
12.3.1 Casual employees
shall be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours.
12.3.2 Casual employees shall
be paid a loading on the appropriate ordinary hourly rate of pay of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
12.3.3 Casual employees
shall also receive a 1/12th loading in lieu of annual leave.
12.3.4 The loadings
specified in paragraph 12.3.2 of this subclause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
12.4 Overtime
12.4.1 Casual employees
shall be paid overtime for work performed:
(a) In excess of 9
consecutive hours (excluding meal breaks) except where longer periods are
permitted under another award or local arrangement covering the particular class of work or are required by the usual work
pattern of the position; or
(b) In excess of
the standard weekly roster of hours for the particular class
of work; or
(c) In accordance
with a local arrangement.
12.4.2 Overtime rates
will be paid in accordance with the rates set in clause 77, Overtime Worked by
Day Workers of this award.
12.4.3 Overtime payments for
casual employees are based on the ordinary hourly rate plus the 15% loading set
out in paragraph 12.3.2 of this clause.
12.4.4 The loading in
lieu of annual leave as set out in paragraph 12.3.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
12.5 Leave
12.5.1 Other than as
described under subclauses 12.5, 12.6 and 12.7 of this clause,
casual employees are not entitled to any other paid or unpaid leave.
12.5.2 As set out in
paragraph 12.3.3 of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
12.5.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
12.5.4 Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. In
addition to the provisions set out in the Industrial
Relations Act 1996 (NSW), the Chief Executive Officer must not fail to
re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of the Corporation in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
12.6 Personal Carers
entitlement for casual employees
12.6.1 Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in paragraph 70.4.2 of clause 70, Sick
Leave to Care for a Family Member, of this award who is sick and requires care
and support, or who requires care due to an unexpected
emergency, or the birth of a child. This entitlement is subject to the
evidentiary requirements set out in paragraph 12.6.4, and the notice
requirements set out in paragraph 12.6.5 of this clause.
12.6.2 The Chief
Executive Officer and the casual 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.
12.6.3 The Chief
Executive Officer must not fail to re-engage a casual employee because the
employee accessed the entitlements provided for in this clause. The rights of
the Corporation to engage or not to engage a casual employee are otherwise not
affected.
12.6.4 The casual
employee shall, if required,
(a) 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) establish by
production of documentation acceptable to the Corporation or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
12.6.5 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the Chief Executive Officer
of their inability to attend for duty. If it is not reasonably practicable to
inform the Chief Executive Officer during the ordinary hours of the first day
or shift of such absence, the employee will inform the Chief Executive Officer
within 24 hours of the absence.
12.7 Bereavement entitlements
for casual employees
12.7.1 Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the Chief Executive Officer).
12.7.2 The Chief
Executive Officer and the casual 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.
12.7.3 The Chief
Executive Officer must not fail to re-engage a casual employee because the
employee accessed the entitlements provided for in this clause. The rights of
the Corporation to engage or not engage a casual employee are otherwise not
affected.
12.7.4 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the Chief Executive Officer
of their inability to attend for duty. If it is not reasonably practicable to
inform the Chief Executive Officer during the ordinary hours of the first day
or shift of such absence, the employee will inform the Chief Executive Officer
within 24 hours of the absence.
12.8 Application of
other clauses of this Award to casual employees
12.8.1 The following
clauses of this award do not apply to casual employees:
|
11
|
Working Hours
|
|
16
|
Variation of Hours
|
|
17
|
Natural Emergencies and Major Transport Disruptions
|
|
19
|
Public Holidays
|
|
20
|
Standard Working Hours
|
|
21-23
|
relating to Flexible Working arrangements
|
|
27
|
Excess Travelling Time
|
|
28
|
Waiting Time
|
|
37
|
Room at Home Used as Office
|
|
38
|
Semi-Official Telephones
|
|
42-48
|
relating to Trade Union activities
|
|
52
|
Travelling and other costs of Trade Union Delegates
|
|
56
|
Leave - General Provisions
|
|
58-73
|
relating to the various Leave provisions
|
|
75
|
Study Assistance
|
|
76
|
relating to Overtime
|
|
81
|
Payment for Overtime or Leave in Lieu
|
13. Part-Time
Employment
13.1 General
13.1.1 This clause shall only
apply to part-time employees whose conditions of employment are not otherwise
provided for in another industrial instrument.
13.1.2 Part-time work may
be undertaken with the agreement of the Chief Executive Officer. Part-time work
may be undertaken in a part-time position or under a part-time arrangement.
13.1.3 A part-time
employee is to work contract hours less than full-time hours.
13.1.4 Unless otherwise
specified in the award, part-time employees receive full time entitlements on a
pro rata basis calculated according to the number of hours an employee works in
a part-time position or under a part-time arrangement. Entitlements to paid
leave will accrue on the equivalent hourly basis.
13.1.5 Before commencing
part-time work, the Chief Executive Officer and the employee must agree upon:
(a) the hours to be
worked by the employee, the days upon which they will be worked, commencing and
ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time employee; and
(c) the
classification applying to the work to be performed;
13.1.6 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
13.2 Additional hours
13.2.1 The Chief
Executive Officer may request, but not require, a part-time employee to work additional
hours. For the time worked in excess of the employee’s
usual hours and up to the normal full-time hours for the classification,
part-time employees may elect to:
(a) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(b) if working
under a Flexible Working Hours scheme under clause 21 of this award, have the
time worked credited as flex time.
13.2.2 For time worked in excess of the full-time hours of the classification, or
outside the bandwidth payment shall be made at the appropriate overtime rate in
accordance with clause 80, Rate of Payment for Overtime, of this award.
14. Morning and
Afternoon Breaks
Employees may take a 10 minute
morning break, provided that the discharge of public business is not affected
and, where practicable, they do so out of the view of the public contact areas.
Employees may also take a 10 minute afternoon break,
subject to the same conditions as apply to the morning break.
15. Meal Breaks and
Lactation Breaks
15.1 General meal
breaks
15.1.1 Meal breaks must
be given to and taken by employees. No employee shall be required to work
continuously for more than 5 hours without a meal break, provided that: -
(a) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the employee agrees. If the employee requests to reduce the
break to not less than 30 minutes, the reduction must be operationally
convenient; and
(b) where the
nature of the work of an employee or a group of employees is such that it is
not possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Chief Executive Officer and the
Association to provide for payment of a penalty.
15.2 Lactation Breaks
15.2.1 This clause 15.2
applies to employees who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any
other rest period and meal break as provided for in this Award.
15.2.2 A full time
employee or a part time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
15.2.3 A part time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
15.2.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
as per 15.2.2 and 15.2.4 is met.. When giving consideration to any such requests for flexibility, a
manager needs to balance the operation requirements of the organisation with
the lactating needs of the employee.
15.2.5 The Chief
Executive Officer shall provide access to a suitable, private space with
comfortable seating for the purpose of breastfeeding or expressing milk.
15.2.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and employee will take place to identify
reasonable alternative arrangements for the employee’s lactation needs.
15.2.7 Employees experiencing
difficulties in effecting the transition from home-based breastfeeding to the
workplace will have telephone access in paid time to a free breastfeeding
consultative service, such as that provided by the Australian Breastfeeding
Association’s Breastfeeding Helpline Service or the Public Health System.
15.2.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 70, Sick Leave to care for a
Family Member, of this Award, or access to the flexible working hours scheme
provided in clause 21, Flexible Working Hours, of this Award, where applicable.
16. Variation of Hours
16.1 If the Chief
Executive Officer is satisfied that an employee is unable to comply with the
general hours operating in the Corporation because of limited transport
facilities, urgent personal reasons, community or family reasons, the Chief
Executive Officer may vary the employee's hours of attendance on a one off, short or long-term basis, subject to the following:
16.1.1 the variation does
not adversely affect the operational requirements;
16.1.2 there is no
reduction in the total number of daily hours to be worked;
16.1.3 the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
16.1.4 a lunch break of
one hour is available to the employee, unless the employee elects to reduce the
break to not less than 30 minutes;
16.1.5 no overtime or
meal allowance payments are made to the employee, as a result of an agreement
to vary the hours;
16.1.6 ongoing
arrangements are documented; and
16.1.7 the Association is
consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
17. Natural
Emergencies and Major Transport Disruptions
17.1 An employee
prevented from attending work at a normal work location by a natural emergency or
by a major transport disruption may:
17.1.1 apply to vary the
working hours as provided in clause 16, Variation of Hours, of this award;
and/or
17.1.2 negotiate an
alternative working location with the Corporation; and/or
17.1.3 take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
18. Notification of
Absence from Duty
18.1 If an employee is
to be absent from duty, other than on authorised leave, the employee must
notify the supervisor, or must arrange for the supervisor to be notified, as
soon as possible.
18.2 If an employee is
absent from duty without authorised leave to the satisfaction of the Chief
Executive Officer, the amount representing the period of absence shall be
deducted from the employee's pay.
19. Public Holidays
19.1 Unless directed
to attend for duty by the Chief Executive Officer, an employee is entitled to
be absent from duty without loss of pay on any day which is:
19.1.1 a public holiday
throughout the State; or
19.1.2 a local holiday in
that part of the State at or from which the employee performs duty; or
19.1.3 a day between
Boxing Day and New Year's Day determined by the Chief Executive Officer as a
public service holiday.
19.2 An employee
required by the Chief Executive Officer to work on a local holiday may be
granted time off in lieu on an hour for hour basis for
the time worked on a local holiday.
19.3 If a local holiday
falls during an employee's absence on leave, the employee is not to be credited
with the holiday.
20. Standard Working
Hours
20.1 Standard hours
are set and regular with an hour for lunch and, if worked by the employee under
a flexible working hours scheme, would equal the contract hours required to be
worked under the scheme. Standard hours could be full time or part-time.
20.2 Urgent Personal
Business - Where an employee needs to attend to urgent personal business,
appropriate leave or time off may be granted by the Chief Executive Officer.
Where time off has been granted, such time shall be made up as set out in
subclause 20.4 of this clause.
20.3 Late Attendance -
If an employee is late for work, such employee must either take appropriate leave
or, if the Chief Executive Officer agrees, make the time up in accordance with
subclause 20.4 of this clause.
20.4 Making up of Time
- The time taken off in circumstances outlined in subclauses 20.2 and 20.3 of
this clause must be made up at the earliest opportunity. The time may be made
up on the same day or on a day or days agreed to between the employee and the
Chief Executive Officer.
21. Flexible Working
Hours
21.1 The parties to
this award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are
committed to managing time worked to prevent any forfeiture of credit hours
accumulated under a Flexible Working Hours arrangement.
21.2 A flexible
working hours scheme in terms of this subclause may operate in the Corporation
or a section of the Corporation, subject to operational requirements, as
determined by the Chief Executive Officer.
21.3 Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in the Corporation, shall be extended to an
employee working under a part time work arrangement. Except for provisions
contained in subclauses 21.11, 21.13 and 21.16 of this clause,
all other provisions under this subclause shall be applied pro rata to an
employee working under a part time work arrangement.
21.4 Exclusion -
Flexible working hours shall not apply to employees, who work permanent standard
hours,
21.5 Attendance - An
employee's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
21.6 Bandwidth - The
bandwidth shall be between the hours of 7.30 a.m. and 6.00 p.m.
21.7 Coretime - The coretime shall be
between the hours of 9.30 a.m. and 3.30 p.m., excluding the lunch break, unless
other arrangements have been negotiated under a local arrangement.
21.8 Lunch break - The
standard lunch period shall be 1 hour. With the approval of the supervisor, the
lunch period may be extended by the employee up to 2 and 1/2 hours or reduced
to not less than 30 minutes within the span of hours determined by the Chief
Executive Officer.
21.9 Settlement period
- Unless a local arrangement has been negotiated, the settlement period shall
be four weeks.
21.9.1 For time recording
purposes the settlement period and flex leave must coincide.
21.9.2 Where exceptional
circumstances apply, e.g. prolonged transport strikes,
adverse weather conditions and the like, the Chief Executive Officer may extend
the affected settlement period by a further 4 weeks.
21.10 Contract hours -
The contract hours for a settlement period shall be calculated by multiplying
the employee's weekly contract hours by the number of weeks in a settlement
period.
21.11 Flexible working
hours credit - an employee may carry a maximum of 10 hours credit into the next
settlement period.
21.12 Weekly hours
worked during the settlement period are to be monitored by the employee and
their supervisor. If it appears that the employee may exceed an accumulated
work time of 150 hours in a settlement period; or if the total hours of work in
a settlement period with the credit hour carry over from the previous
settlement period may exceed 150 hours, the supervisor and employee shall
develop a strategy to ensure that the employee does not forfeit any of the
credit hours accumulated, or likely to be accumulated.
21.13 Flexible Working
Hours Debit - The following provisions shall apply to the carryover of flexible
working hours debits:
21.13.1 A debit
of up to 10 hours at the end of a settlement period may be carried over into
the next period;
21.13.2 Where
the debit exceeds 10 hours, the excess will be debited as leave without pay,
unless the employee elects to be granted available recreation or extended leave
to offset the excess.
21.13.3 Any
debit of hours outstanding on an employee's last day of duty is to be deducted
from any unpaid salary or the monetary value of accrued recreation/extended
leave. If applicable, the debit of hours may be transferred to the next NSW
public sector organisation under the Public Sector Staff Mobility policy.
21.14 Cessation of duty
- An employee may receive payment for a flex day accrued and remaining untaken
on the last day of service:
21.14.1 Where
the employee's services terminate without a period of notice for reasons other
than misconduct; or
21.14.2 Where
an application for flex leave which would have
eliminated the accumulated day or days was made during the period of notice of
retirement or resignation and was refused or could not be granted or
21.14.3 In such
other circumstances as have been negotiated between the Chief Executive Officer
and the Association.
21.14.4 Prior
to an employee’s last day of service the employee and supervisor shall ensure
that the employee does not forfeit any credit hours accumulated. Strategies to
reduce accumulated credit hours may include those outlined in paragraph 21.16.2
of this clause.
21.15 Where an employee
ceases duty in the Corporation in order to take up
employment in another public service or public sector organisation, the same
provisions as apply to recreation leave under the Public Sector Staff Mobility
policy shall apply to the accrued but untaken or not forfeited flex leave.
21.16 Flex leave -
Subject to operational requirements:
21.16.1 An
employee may take off one full day or two half days in a settlement period of 4
weeks.
21.16.2 Where
it appears an employee may exceed a 10-hour credit, as per subclause 21.12 of
this clause strategies to reduce this credit may include the granting of
additional full days, consecutive days, half days, or any combination of days
and half days.
21.16.3 Flex
leave may be taken on consecutive working days.
21.16.4 Absences
on flex leave may be combined with other periods of authorised leave.
21.17 Absence during coretime - Where an employee needs to take a short period
of authorised leave within coretime, other than flex
leave, the quantum of leave to be granted shall be determined according to the
provisions contained in clause 57, Absence from Work, of this award.
21.18 Standard hours -
Notwithstanding the provisions of this clause, the Chief Executive Officer may
direct the employee to work standard hours and not flexible hours:
21.18.1 where
the Chief Executive Officer decides that the working of flexible hours by an
employee or members does not suit the operational requirements of the
Corporation or section of the Corporation, the Association shall be consulted,
where appropriate; or
21.18.2 as
remedial action in respect of an employee who has been found to have
deliberately and persistently breached the flexible working hours scheme.
21.19 Easter concession
- Employees who work under a flexible working hours scheme may be granted,
subject to the convenience of the Corporation, an additional half day's flex leave on the Thursday preceding the Good Friday public holiday
or, if directed to work, an additional half day’s flex leave on another day
within that settlement period.
22. Non-Compliance
In the event of any persistent failure by an employee to comply
with the hours of duty required to be worked, the Chief Executive Officer shall
investigate such non-compliance as soon as it comes to notice and shall take
appropriate remedial action according to Part 5 of the Act.
23. Flexible Work
Practices
23.1 Nothing in this
award shall affect the hours of duty of an employee who is covered by a written
flexible working hours agreement negotiated under the Flexible Work Practices, Policy and Guidelines.
23.2 Flexible working
hours agreements negotiated in terms of the NSW Government Flexible Work
Practices, Policy and Guidelines after 28 October 1997 shall be subject to the
conditions specified in this award and in consultation with the Association.
24. Existing Hours of
Work Determinations
Any existing Determinations on local arrangements in respect
of the hours of work which operated in the Corporation or part of the
Corporation as at the effective date of this award, shall continue to apply
until renegotiated.
SECTION 3 - TRAVEL ARRANGEMENTS
25. Travelling
Compensation
25.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by an
employee required to perform duty at a location other than their normal
headquarters shall be met by the Corporation.
25.2 The Chief
Executive Officer shall require employees to obtain an authorisation for all
official travel prior to incurring any travel expense.
25.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by employees who travel on official business shall be the middle of the range
standard, referred to generally as three star or three diamond standard of accommodation.
25.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
25.5 The Corporation
will elect whether to pay the accommodation directly or whether an employee
should pay the accommodation and be compensated in accordance with this
clause. Where practicable, employees
shall obtain prior approval when making their own arrangements for overnight
accommodation.
25.6 Subject to subclause
25.11 of this clause, an employee who is required by the Chief Executive
Officer to work from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the
employee's residence in order to perform the work.
25.7 If meals are
provided by the Corporation at the temporary work location, the employee shall
not be entitled to claim the meal allowance.
25.8 The payment shall
be:
25.8.1 where the
Corporation elects to pay the accommodation provider the employee shall
receive:
(a) the appropriate
meal allowance in accordance with the prevailing ATO ruling or
(b) incidentals as
set out in the prevailing ATO ruling, or
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
25.8.2 where the
Corporation elects not to pay the accommodation provider the employee shall
elect to receive either:
(a) the appropriate
rate of allowance specified in the prevailing ATO ruling ,
and actual meal expenses properly and reasonably incurred (excluding morning
and afternoon teas) for any residual part day travel; OR
(b) in lieu of
subparagraph (a) of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out the
prevailing ATO ruling.
25.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the employee satisfies the Chief Executive Officer that, despite the
period of absence being of less than 24 hours duration, expenditure for
accommodation and three meals has been incurred.
25.10 Where an employee
is unable to so satisfy the Chief Executive Officer, the allowance payable for
part days of travel shall be limited to the expenses incurred during such part
day travel.
25.11 This clause does
not apply to employees who are on an employee-initiated secondment in
accordance with section 64 of the Act and described in the Commentary and
Guidelines on temporary staff assignments - section 66 and Cross-Agency
Employment (section 65) of the Act.
26. Assistance with
Public Transport Tickets for Travel to Work
26.1 The Corporation
will provide funds for the purchase of yearly rail, bus
and ferry tickets (or combinations of these) for employees who require them.
26.2 Employees will repay
the cost of the ticket over 12 months through regular fortnightly deductions
from after tax salary.
27. Excess Travelling
Time
27.1 Excess Travelling
Time - A employee directed by the Chief Executive Officer to travel on official
business outside the usual hours of duty to perform duty at a location other
than normal headquarters will, at the Chief Executive Officer’s discretion, be
compensated for such time either by:
27.1.1 Payment calculated
in accordance with the provisions contained in this clause; or
27.1.2 If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the employee’s supervisor.
27.2 Compensation
under paragraphs 27.1.1 and 27.1.2 of this clause shall be subject to the
following conditions:
27.2.1 On a non-working
day - subject to the provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and 27.3.7
of this clause, all time spent travelling on official business;
27.2.2 On a working day -
subject to the provisions of subclause 27.3 of this clause, all time spent
travelling on official business outside the usual hours of duty, provided the
period for which compensation is being sought is more than a half an hour on
any one day.
27.3 Compensation for
excess travelling time shall exclude the following:
27.3.1 Time normally
taken for the periodic journey from home to headquarters and return;
27.3.2 Any periods of excess
travel of less than 30 minutes on any one day;
27.3.3 Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
27.3.4 Time from 11.00
p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have
been provided.
27.3.5 Travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
27.3.6 Working on board ship
where meals and accommodation are provided;
27.3.7 Any travel
undertaken by an employee whose salary includes an all incidents of employment component;
27.3.8 Time within the
flex time bandwidth;
27.3.9 Travel overseas.
27.4 Payment - Payment
for travelling time calculated in terms of this clause shall be at the
employee’s ordinary rate of pay on an hourly basis calculated as follows:
|
Annual
salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal
hours of work
|
27.5 The rate of payment
for travel or waiting time on a non-working day shall be the same as that
applying to a working day.
27.6 Employees whose
salary is in excess of the maximum rate for Clerk,
Grade 5 (as set out in the Crown Employees (Public Sector - Salaries 2016)
Award and any variation or replacement award) shall be paid travelling time or
waiting time calculated at the maximum rate for Clerk, Grade 5 plus $1.00 per
annum, as adjusted from time to time.
27.7 Time off in lieu
or payment for excess travelling time or waiting time will not be granted or
made for more than eight hours in any period of 24 consecutive hours.
28. Waiting Time
When an employee travelling on official business is required
to wait for transport in order to commence a journey
to another location or to return home or headquarters and such time is outside
the normal hours of duty, the waiting time shall be treated and compensated for
in the same manner as excess travelling time pursuant to clause 27, Excess
Travelling Time, of this Award
29. Meal Expenses on
One-Day Journeys
29.1 A employee who is
authorised by the Chief Executive Officer to undertake a one-day journey on
official business which does not require the employee to obtain overnight
accommodation, shall be reimbursed actual meal expenses properly and reasonably
incurred for: -
29.1.1 Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
29.1.2 An evening meal
when required to travel until or beyond 6.30 p.m.; and
29.1.3 Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the
employee’s normal headquarters at the time of taking the normal lunch break.
30. Restrictions on
Payment of Travelling Allowances
30.1 An allowance
under clause 26, Travelling Compensation, of this award is not payable in
respect of:
30.1.1 Any period during which
the employee returns to their residence at weekends or public holidays,
commencing with the time of arrival at that residence and ending at the time of
departure from the residence;
30.1.2 Any period of
leave, except with the approval of the Chief Executive Officer or as otherwise
provided by this clause; or
30.1.3 Any other period
during which the employee is absent from the employee's temporary work location
otherwise than on official duty.
30.2 An employee who
is in receipt of an allowance under clause 25, Travelling Compensation, shall
be entitled to reimbursement of incidental expenses properly and reasonably
incurred in the following circumstances:
30.2.1 When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the
employee's residence; and for the return journey from
the employee's residence to the temporary work location, or
30.2.2 When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the employee's
residence or to take up duty at another temporary work location; but is not
entitled to any other allowance in respect of the same period.
31. Production of
Receipts
Payment of any actual properly and reasonably incurred
expenses shall be subject to the production of receipts.
32. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Chief Executive Officer having regard to the safety of the
employee or members travelling on official business and local conditions
applicable in the area. Where employees are required to attend conferences or
seminars which involve evening sessions or employees are required to make an
early start at work in a location away from their normal workplace, overnight
accommodation shall be appropriately granted by the Chief Executive Officer.
SECTION 4 - ALLOWANCES AND OTHER MATTERS
33. Allowance Payable
for Use of Private Motor Vehicle
33.1 The Chief
Executive Officer may authorise an employee to use a private motor vehicle for
work where:
33.1.1 Such use will
result in greater efficiency or involve the Corporation in less expense than if
travel were undertaken by other means; or
33.1.2 Where the employee
is unable to use other means of transport due to a disability.
33.2 An employee who, with
the approval of the Chief Executive Officer, uses a private motor vehicle for
work shall be paid an appropriate rate of allowance specified the prevailing
ATO ruling for the use of such private motor vehicle. A deduction from the
allowance payable is to be made for travel as described in subclause 33.4 of
this clause.
33.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
33.3.1 The casual rate is
payable if an employee elects, with the approval of the Chief Executive
Officer, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
33.3.2 The official
business rate is payable if an employee is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the employee is
unable to use other transport due to a disability. The official business rate includes a
component to compensate an employee for owning and maintaining the vehicle.
33.4 Deduction from
allowance
33.4.1 Except as
otherwise specified in this award, an employee shall bear the cost of ordinary
daily travel by private motor vehicle between the employee's residence and
headquarters and for any distance travelled in a private capacity. A deduction
will be made from any motor vehicle allowance paid, in respect of such travel.
33.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
employee is attached or from which the employee is required to operate on a long term basis or the designated headquarters per paragraph
33.4.3 of this subclause.
33.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the employee to which they are attached is not
within the typical work area in which the employee is required to use the
private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) An employee's
residence may be designated as their headquarters provided that such recognition
does not result in a further amount of allowance being incurred than would
otherwise be the case.
33.4.4 On days when an
employee uses a private vehicle for official business and travels to and from
home, whether or not the employee during that day visits
headquarters, a deduction is to be made from the total distance travelled on
the day. The deduction is to equal the
distance from the employee's residence to their headquarters and return or 20
kilometres (whichever is the lesser) and any distance that is travelled in a
private capacity.
33.4.5 Where a
headquarters has been designated per paragraph 33.4.3 of this subclause and the
employee is required to attend the administrative headquarters, the distance
for calculating the daily deduction is to be the actual distance to and from
the administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
33.4.6 Deductions are not
to be applied in respect of days characterised as follows.
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to travelling
to the headquarters by other means of transport at their own expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is
exclusive of, and not in addition to, days referred to in subparagraphs (a),
(b) and (c) of this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Corporation is satisfied that:
(i) at
the time of purchasing the periodical ticket the employee did not envisage the
use of their private motor vehicle on approved official business;
(ii) the periodical
ticket was in fact purchased; and
(iii) in regard to train travellers, no allowance is to be paid in
respect of distance between the employee’s home and the railway station or
other intermediate transport stopping place.
33.5 The employee must
have in force, in respect of a motor vehicle used for work, in addition to any
policy required to be effected or maintained under the
Motor Vehicles (Third Party Insurance)
Act 1942, a comprehensive motor vehicle insurance policy to an amount and
in a form approved by the Chief Executive Officer.
33.6 Expenses such as
tolls etc. shall be refunded to employees where the charge was incurred during
approved work related travel.
34. Damage to Private
Motor Vehicle Used for Work
34.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the Corporation,
provided:
34.1.1 The damage is not
due to gross negligence by the employee; and
34.1.2 The charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
34.2 Provided the
damage is not the fault of the employee, the Corporation shall reimburse to an
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
34.2.1 The damage was
sustained on approved work activities; and
34.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
35. Overseas Travel
Unless the Chief Executive Officer determines that an
employee shall be paid travelling rates especially determined for the occasion,
an employee required by the Corporation to travel overseas on official business
shall be paid the appropriate overseas travelling allowance rates as specified
in the relevant Premier and Cabinet Circular as issued from time to time.
36. Exchanges
36.1 The Chief
Executive Officer may arrange two way or one way
exchanges with other organisations both public and private, if the Corporation
or the employee will benefit from additional training and development which is intended
to be used in the carrying out of the Corporation's business.
36.2 The conditions
applicable to those employees who participate in exchanges will be determined
by the Chief Executive Officer according to the individual circumstances in
each case (Item 1 of Table 1 - Allowances of Part B, Monetary Rates).
36.3 The provisions of
this subclause do not apply to the loan of services of employees to the
Association. The provisions of clause
45, Conditions Applying to On Loan Arrangements, of this award apply to
employees who are loaned to the Association.
37. Room at Home Used
as Office
37.1 Where no
Corporation office is provided in a particular location - Where it is
impractical to provide an office in a particular location, employees stationed
in such a location may be required to use a spare room at their home as an
office. In such cases, the Corporation will be responsible for providing
furniture, telephone and other equipment, as required.
In addition, an allowance as specified in Item 2 of Table 1 - Allowances of
Part B, Monetary Rates is payable for the use of a room at home as an office.
37.2 Where an office
exists in a particular location - Where a Corporation office or offices already
exist in a particular location but the employee and the
Chief Executive Officer agree that the employee could work from home on a short
term or longer term basis, the arrangement shall be negotiated in accordance
with the provisions of the Flexible Work Practices, Policy and Guidelines. The
allowance set out in subclause 37.1 of this clause shall not apply in these
circumstances.
37.3 Requirements -
Arrangements under subclauses 37.1 or 37.2 of this clause shall be subject to:
37.3.1 A formal agreement
being reached in respect of the hours to be worked; and
37.3.2 The occupational
health and safety, provision of equipment requirements and any other relevant
conditions specified in Part 2, Section 7, Working from Home in the Flexible
Work Practices, Policy and Guidelines.
38. Semi-Official
Telephones
38.1 Reimbursement of
expenses associated with a private telephone service installed at the residence
of an employee shall be made as specified in this clause if the employee is
required to be contacted or is required to contact others in connection with the
duties of his/her position in the Corporation, as and when required.
38.2 The service must be located in the employee's principal place of residence
and its telephone number communicated to all persons entitled to have out of
hours contact with the employee.
38.3 The semi-official
telephone allowance applies to employees who are required, as part of their
duties to:
38.3.1 Give decisions,
supply information or provide emergency services;
and/or
38.3.2 Be available for
reasons of safety or security for contact by the public outside of normal
office hours.
38.4 Unless better
provisions already apply to an employee or an employee has been provided with
an official telephone, reimbursement of expenses under this clause shall be
limited to the following:
38.4.1 The connection fee
for a telephone service, if the service is not already available at the
employee's principal place of residence;
38.4.2 The full annual
base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
38.4.3 The full cost of
official local, STD and ISD calls.
38.5 To be eligible
for reimbursement, an employee must submit their telephone account and a
statement showing details of all official calls, including:
38.5.1 Date, time, length
of call and estimated cost;
38.5.2 Name and phone
number of the person to whom call was made; and
38.5.3 Reason for the
call.
39. Compensation for
Damage to or Loss of Employee’s Personal Property
39.1 Where damage to or
loss of the employee's personal property occurs in the course of employment, a
claim may be lodged under the Workers
Compensation Act 1987 and/or under any insurance policy of the Corporation
covering the damage to or loss of the personal property of the employee.
39.2 If a claim under
subclause 39.1 of this clause is rejected by the insurer, the Chief Executive
Officer may compensate an employee for the damage to or loss of personal
property, if such damage or loss:
39.2.1 Is due to the
negligence of the Corporation, another employee, or both, in the performance of
their duties; or
39.2.2 Is caused by a
defect in an employee's material or equipment; or
39.2.3 Results from an
employee’s protection of or attempt to protect Corporation property from loss
or damage.
39.3 Compensation in
terms of subclause 39.2 of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Chief Executive Officer may pay the cost of a replacement item, provided the
item is identical to or only marginally different from the damaged or lost item
and the claim is supported by satisfactory evidence as to the price of the
replacement item.
39.4 For the purpose
of this clause, personal property means an employee's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the employee’s duties.
39.5 Compensation for
the damage sustained shall be made by the Corporation where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
40. First Aid
Allowance
40.1 An employee
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate specified in Item 3 of Table 1 - Allowances of Part B, Monetary Rates.
40.2 The First Aid
Allowance will apply to an employee appointed as a First Aid Officer who holds
a St John’s Ambulance Certificate or equivalent qualifications (such as the
Civil Defence or the Red Cross Society’s First Aid Certificates) issued within
the previous three years.
40.3 The First Aid
Allowance shall not be paid during leave of one week or more.
40.4 When the First
Aid Officer is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Officer's position, such
employee shall be paid a pro rata first aid allowance for assuming the duties
of a First Aid Officer.
40.5 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training employees who do not already
possess qualifications and who need to be trained to meet Corporation needs,
and the cost of retraining First Aid Officers, are to be met by the Corporation.
41. Review of
Allowances Payable in Terms of this Award
41.1 Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
41.1.1 Allowances listed in
this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause 25,
Travelling Compensation;
(b) Clause 29, Meal
Expenses on One Day Journeys;
(c) Clause 79,
Overtime Meal Allowances, for breakfast, lunch and
dinner.
41.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time by the Australian Taxation Office (ATO):
(a) Clause 33,
Allowances Payable for the Use of Private Motor Vehicle.
41.1.3 Allowances payable
in terms of clauses listed in this paragraph shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) Clause 37, Room
at Home Used as Office;
(b) Clause 79,
Overtime Meal Allowances, for supper.
41.1.4 Allowances payable
in terms of clauses listed in this paragraph shall continue to be subject to a
percentage increase under an Award, Agreement or Determination and shall be
adjusted on and from the date or pay period the percentage increase takes
effect:
Clause 40, First-Aid Allowance;
SECTION 5 - UNION CONSULTATION, ACCESS
AND ACTIVITIES
42. Trade Union
Activities Regarded as on Duty
42.1 An Association delegate
will be released from the performance of normal Corporation duty when required
to undertake any of the activities specified below. While undertaking such
activities the Association delegate will be regarded as being on duty and will
not be required to apply for leave:
42.1.1 Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Work
Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.
42.1.2 Attendance at
meetings with workplace management or workplace management representatives;
42.1.3 A reasonable period
of preparation time, before-
(a) meetings with management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
42.1.4 Giving evidence in
court on behalf of the Corporation;
42.1.5 Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
42.1.6 Representing the
Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
42.1.7 Presenting
information on the Association and Association activities at induction sessions
for new staff of the Corporation; and
42.1.8 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours' notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
43. Trade Union
Activities Regarded as Special Leave
43.1 The granting of special
leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
43.1.1 Attendance at
annual or biennial conferences of the Association;
43.1.2 Attendance at
meetings of the Association’s Executive, Committee of Management or Councils;
43.1.3 Attendance at
annual conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
43.1.4 Attendance at
meetings called by the Unions NSW involving the Association which requires
attendance of a delegate;
43.1.5 Attendance at
meetings called by the Industrial Relations Secretary, as the employer for
industrial purposes, as and when required;
43.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Association;
43.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 42, 43 and 44 apply.
44. Trade Union
Training Courses
44.1 The following
training courses will attract the grant of special leave as specified below: -
44.1.1 Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited
OH&S training courses and the conditions on which special leave for such
courses will be granted, shall be negotiated between the Chief Executive
Officer and the Association.
44.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Association or
a training provider nominated by the Association. A maximum of 12 working days
in any period of 2 years applies to this training and is subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being at
the base rate, i.e. excluding extraneous payments such
as shift allowances/penalty rates, overtime, etc.;
(c) All travelling
and associated expenses being met by the employee or the Association;
(d) Attendance
being confirmed in writing by the Association or a nominated training provider.
45. Conditions
Applying to on Loan Arrangements
45.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
45.1.1 Meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association: -
(a) As an Executive
Member; or
(b) A member of a
Federal Council; or
(c) to a vocational
or industry committee.
45.1.2 Briefing counsel
on behalf of the Association;
45.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
45.1.4 Country tours
undertaken by a member of the executive or Council of the Association;
45.1.5 Taking up of full time duties with the Association if elected to the
office of President, General Secretary or to another full time position with
the Association.
45.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
an employee is placed "on loan" to the Association: -
(a) The Corporation
will continue to pay the delegate or an authorised Association representative
whose services are on loan to the Association;
(b) The Corporation
will seek reimbursement from the Association at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a
manner negotiated between the Chief Executive Officer and the Association.
45.1.7 Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
45.1.8 Limitation - On
loan arrangements may apply to full-time or part-time staff and are to be kept
to the minimum time required. Where the Association needs to extend an on loan arrangement, the Association shall approach the
Chief Executive Officer in writing for an extension of time well in advance of
the expiration of the current period of on loan arrangement.
45.1.9 Where the Chief
Executive Officer and the Association cannot agree on the on
loan arrangement, the matter is to be referred to the DPE for determination
after consultation with the Chief Executive Officer and the Association.
46. Period of Notice
for Trade Union Activities
The Chief Executive Officer must be notified in writing by
the Association or, where appropriate, by the accredited delegate as soon as
the date and/or time of the meeting, conference or other accredited activity is
known.
47. Access to
Facilities by Trade Union Delegates
47.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
47.1.1 Telephone,
facsimile, internet and email facilities;
47.1.2 A notice board for
material authorised by the Association or access to staff notice boards for
material authorised by the Association;
47.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
48. Responsibilities
of the Trade Union Delegate
48.1 Responsibilities of
the Association delegate are to:
48.1.1 Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
48.1.2 Participate in the
workplace consultative processes, as appropriate;
48.1.3 Follow the dispute
settling procedure applicable in the workplace;
48.1.4 Provide sufficient
notice to the immediate supervisor of any proposed absence on authorised
Association business;
48.1.5 Account for all
time spent on authorised Association business;
48.1.6 When special leave
is required, to apply for special leave in advance;
48.1.7 Distribute
Association literature/membership forms, under local arrangements negotiated
between the Chief Executive Officer and the Association; and
48.1.8 Use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
49. Responsibilities
of the Trade Union
49.1 Responsibilities
of the Association are to:
49.1.1 Provide written
advice to the Chief Executive Officer about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
49.1.2 Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 50.1.3 of clause 50, Responsibilities
of Workplace Management, of this award;
49.1.3 Pay promptly any
monies owing to the workplace under a negotiated on
loan arrangement;
49.1.4 Provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
49.1.5 Apply to the Chief
Executive Officer well in advance of any proposed extension to the "on
loan" arrangement;
49.1.6 Assist the workplace
management in ensuring that time taken by the Association delegate is accounted
for and any facilities provided by the Corporation are used reasonably and
properly; and
49.1.7 Advise Corporation
of any leave taken by the Association delegate during the on
loan arrangement.
50. Responsibilities
of Workplace Management
50.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
50.1.1 Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, allow for sufficient travelling time during
the ordinary working hours;
50.1.2 Advise the
workplace delegate of the date of the next induction session for new employees
in sufficient time to enable the Association to arrange representation at the session;
50.1.3 Meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
50.1.4 Where possible,
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking Association responsibilities to assist with the
business of workplace management;
50.1.5 Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
50.1.6 Where an
Association activity provided under this clause needs to be undertaken during
an approved period of flexi leave, apply the provisions of paragraph 50.1.5 of
this clause;
50.1.7 Continue to pay
salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
50.1.8 Verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
50.1.9 If the time and/or
the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, consult with the Association before taking any
remedial action.
51. Right of Entry
Provisions
The right of entry provisions shall be as prescribed under
the Work Health and Safety Act 2011
(NSW) and the Industrial Relations Act
1996 (NSW).
52. Travelling and
Other Costs of Trade Union Delegates
52.1 Except as
specified in paragraph 50.1.3 of clause 50, Responsibilities of Workplace
Management, of this award, all travel and other costs incurred by accredited
Association delegates in the course of Association
activities will be paid by the Association.
52.2 In respect of
meetings called by the workplace management in terms of paragraph 50.1.3 of clause
50, Responsibilities of Workplace Management, of this award, the payment of
travel and/or accommodation costs, properly and reasonably incurred, is to be
made, as appropriate, on the same conditions as apply under clauses 25,
Travelling Compensation, 29, Meal Expenses on One-Day Journeys, or 30,
Restrictions on Payment of Travelling Allowances, of this award.
52.3 No overtime,
leave in lieu or any other additional costs will be claimable by an employee
from the Corporation or the DPE, in respect of Association activities covered
by special leave or on duty activities provided for in this clause.
52.4 The on loan arrangements shall apply strictly as negotiated and
no extra claims in respect of the period of on loan shall be made on the
Corporation by the Association or the employee.
53. Industrial Action
53.1 Provisions of the
Industrial Relations Act 1996 shall
apply to the right of Association members to take lawful industrial action
(Note the obligations of the parties under clause 9, Grievance and Dispute
Settling Procedures.
53.2 There will be no
victimisation of employees prior to, during or following such industrial
action.
54. Consultation and
Technological Change
54.1 There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between the Corporation and Association.
54.2 The Corporation’s
management shall consult with the Association prior to the introduction of any
technological change.
55. Deduction of Trade
Union Membership Fees
55.1 The Association
shall provide the Corporation with a schedule setting out Association fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules.
55.2 The Association
shall advise the Corporation of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
Association fortnightly membership fees payable shall be provided to the
Corporation at least one month in advance of the variation taking effect.
55.3 Subject to 55.1
and 55.2 of this clause, the Corporation shall arrange for the deduction of Association
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association's rules, provided that the
employee has authorised the Corporation to make such deductions.
55.4 Monies so deducted
from an employee's pay shall be forwarded regularly to the Association together
with all necessary information to enable the Association to reconcile and
credit subscriptions to employees' Association membership accounts.
55.5 Unless other
arrangements are agreed to by the Corporation and the Association, all
Association membership fees shall be deducted on a fortnightly basis.
55.6 Where an employee
has already authorised the deduction of Association membership fees from his or
her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in
order for such deduction to continue.
SECTION 6 - LEAVE
56. Leave - General
Provisions
56.1 The leave
provisions contained in this Award apply to all employees other than those to
whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Chief Executive Officer and the Association.
56.2 Unless otherwise
specified, part-time employees will receive the paid leave provisions of this
award on a pro rata basis, calculated according to the number of hours worked
per week.
56.3 Unless otherwise
specified in this award a temporary employee is eligible to take a period of
approved leave during the current period of employment and may continue such
leave during a subsequent period or periods of employment in the Public Service, if such period or periods of employment commence
immediately on termination of a previous period or periods of employment.
56.4 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
57. Absence from Work
57.1 An employee must not
be absent from work unless reasonable cause is shown.
57.2 If an employee is
to be absent from duty because of illness or other emergency, the employee
shall notify or arrange for another person to notify the supervisor as soon as
possible of the employee's absence.
57.3 If the employee
is absent from duty without authorised leave and the Chief Executive Officer
shall deduct from the pay of the employee the amount equivalent to the period
of the absence.
57.4 The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
57.5 Nothing in this
clause affects any proceedings for a breach of discipline against an employee
who is absent from duty without authorised leave.
58. Applying for Leave
58.1 An application by
an employee for leave under this award shall be made to and dealt with by the
Chief Executive Officer.
58.2 The Chief
Executive Officer shall deal with the application for leave according to the
wishes of the employee, if the operational
requirements of the Corporation permit this to be done.
59. Extended Leave
Extended leave shall accrue and shall be granted to
employees in accordance with the provisions of the Act.
60. Family and
Community Service Leave
60.1 The Chief
Executive Officer shall grant to an employee some, or all of
their accrued family and community service leave on full pay, for reasons
relating to unplanned and emergency family responsibilities or other emergencies
as described in subclause 60.2 of this clause. The Chief Executive Officer may
also grant leave for the purposes in subclause 60.3 of this clause.
Non-emergency appointments or duties shall be scheduled or performed outside of
normal working hours or through approved use of flexible working arrangements
or other appropriate leave.
60.2 Such unplanned
and emergency situations may include, but not be limited to, the following: -
60.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee's household;
60.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant in
an eviction action, arranging accommodation, or when required to remove
furniture and effects;
60.2.3 Emergency or
weather conditions; such as when flood, fire, snow or
disruption to utility services etc., threatens an employee’s property and/or
prevents an employee from reporting for duty;
60.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child
care providers;
60.2.5 Attendance at
court by an employee to answer a charge for a criminal offence, only if the
Chief Executive Officer considers the granting of family and community service
leave to be appropriate in a particular case.
60.3 Family and
community service leave may also be granted for:
60.3.1 An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for employees holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
60.3.2 Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State.
60.4 The definition of
"family" or "relative" in this clause is the same as that
provided in paragraph 70.4.2 of clause 70, Sick Leave to Care for a Family
Member, of this award.
60.5 Family and
community service leave shall accrue as follows:
60.5.1 two and a half
days in the employee’s first year of service;
60.5.2 two and a half
days in the employee’s second year of service; and
60.5.3 one day per year
thereafter.
60.6 If available
family and community service leave is exhausted as a result
of natural disasters, the Chief Executive Officer shall consider
applications for additional family and community service leave, if some other
emergency arises.
60.7 If available
family and community service leave is exhausted on the death of a family member
or relative, additional paid family and community service leave of up to 2 days
may be granted on a discrete, per occasion basis to an employee.
60.8 In cases of illness
of a family member for whose care and support the employee is responsible, paid
sick leave in accordance with clause 70, Sick Leave to Care for a Sick Family
Member, of this award shall be granted when paid family and community service
leave has been exhausted or is unavailable.
60.9 A Chief Executive
Officer may also grant employees other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
61. Leave Without Pay
61.1 The Chief
Executive Officer may grant leave without pay to an employee if good and
sufficient reason is shown.
61.2 Leave without pay
may be granted on a full-time or a part-time basis.
61.3 Where an employee
is granted leave without pay for a period not exceeding 10 consecutive working
days, the employee shall be paid for any proclaimed public holidays falling
during such leave without pay.
61.4 Where an employee
is granted leave without pay which, when aggregated, does not exceed 5 working
days in a period of twelve (12) months, such leave shall count as service for
incremental progression and accrual of recreation leave.
61.5 An employee who
has been granted leave without pay shall not engage in employment of any kind
during the period of leave without pay, unless prior
approval has been obtained from the Chief Executive Officer.
61.6 An employee shall
not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the employee elects to combine all or part of accrued paid
leave with leave without pay, the paid leave shall be taken before leave
without pay.
61.7 No paid leave
shall be granted during a period of leave without pay.
61.8 A permanent
appointment may be made to the employee’s position if:
61.8.1 the leave without
pay has continued or is likely to continue beyond the original period of
approval and is for a total period of more than 12 months; and
61.8.2 the employee is
advised of the Corporation’s proposal to permanently backfill their position;
and
61.8.3 the employee is
given a reasonable opportunity to end the leave without pay and return to their
position; and
61.8.4 the Corporation advised
the employee at the time of the subsequent approval that the position will be
filled on a permanent basis during the period of leave without pay.
61.9 The position
cannot be filled permanently unless the above criteria are satisfied.
61.10 The employee does
not cease to be employed by the Corporation if their position is permanently
backfilled.
61.11 Subclause 61.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 64.9.1(a) of clause 64, Parental Leave or to
military leave.
62. Military Leave
62.1 During the period
of 12 months commencing on 1 July each year, the Chief Executive Officer may
grant to an employee who is a volunteer part-time member of the Defence Force,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction or compulsory parades
conducted by the employee’s unit.
62.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent an employee from rendering or volunteering to render, ordinary Defence
Reserve Service.
62.3 Up to 24 working
days military leave per financial year may be granted by the Chief Executive
Officer to members of the Naval and Military Reserves and up to 28 working days
per financial year to members of the Air Force Reserve for the activities
specified in subclause 62.1 of this clause.
62.4 The Chief
Executive Officer may grant an employee special leave of up to 1 day to attend
medical examinations and tests required for acceptance as volunteer part time
members of the Australian Defence Force.
62.5 An employee who
is requested by the Australian Defence Force to provide additional military
services requiring leave in excess of the entitlement
specified in subclause 62.3 of this clause may be granted Military Leave Top Up
Pay by the Chief Executive Officer.
62.6 Military Leave
Top Up Pay is calculated as the difference between an employee’s ordinary pay
as if they had been at work, and the Reservist’s pay which they receive from
the Commonwealth Department of Defence.
62.7 During a period
of Military Leave Top up Pay, an employee will
continue to accrue sick leave, recreation and extended leave entitlements, and
Corporations are to continue to make superannuation contributions at the normal
rate.
62.8 At the expiration
of military leave in accordance with subclause 62.3 or 62.4 of this clause, the
employee shall furnish to the Chief Executive Officer a certificate of
attendance and details of the employees reservist pay
signed by the commanding officer or other responsible officer.
63. Observance of
Essential Religious or Cultural Obligations
63.1 An employee of:
63.1.1 Any religious faith
who seeks leave for the purpose of observing essential religious obligations of
that faith; or
63.1.2 Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, flex
leave or leave without pay to do so.
63.2 Provided adequate
notice as to the need for leave is given by the employee to the Corporation and
it is operationally convenient to release the employee from duty, the Chief
Executive Officer must grant the leave applied for by the employee in terms of
this clause.
63.3 An employee of
any religious faith who seeks time off during daily working hours to attend to
essential religious obligations of that faith, shall be granted such time off by
the Chief Executive Officer, subject to:
63.3.1 Adequate notice
being given by the employee;
63.3.2 Prior approval
being obtained by the employee; and
63.3.3 The time off being
made up in the manner approved by the Chief Executive Officer.
63.4 Notwithstanding
the provisions of subclauses 63.1, 63.2 and 63.3 of this clause,
arrangements may be negotiated between the Corporation and the Association to
provide greater flexibility for employees for the observance of essential
religious or cultural obligations.
64. Parental Leave
64.1 Parental leave
includes maternity, adoption and "other parent" leave.
64.2 Maternity leave
shall apply to an employee who is pregnant and, subject to this clause the
employee shall be entitled to be granted maternity leave as follows:
64.2.1 For a period up to
9 weeks prior to the expected date of birth; and
64.2.2 For a further
period of up to 12 months after the actual date of birth.
64.2.3 An employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
64.3 Adoption leave
shall apply to an employee adopting a child and who will be the primary care giver,
the employee shall be granted adoption leave as follows:
64.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
64.3.2 For such period,
not exceeding 12 months on a full-time basis, as the Chief Executive Officer
may determine, if the child has commenced school at
the date of the taking of custody.
64.3.3 Special Adoption
Leave - An employee shall be entitled to special adoption leave (without pay)
for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
64.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
64.4.1 Short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
64.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the employee as provided for in paragraph
64.4.1 of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
64.5 An employee
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks. An employee entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the employee:
64.5.1 applied for
parental leave within the time and in the manner determined set out in
subclause 64.10 of this clause; and
64.5.2 prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
64.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a
lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination
of full-pay and half pay.
64.6 Payment for parental
leave is at the rate applicable when the leave is taken. An employee holding a full time position who is on part time leave without pay
when they start parental leave is paid:
64.6.1 at the full time rate if they began part time leave 40 weeks or
less before starting parental leave;
64.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
64.6.3 at the rate based
on the average number of weekly hours worked during the 40
week period if they have been on part time leave for more than 40 weeks
but have changed their part time work arrangements during that period.
64.7 An employee who
commences a subsequent period of maternity or adoption leave for another child
within 24 months of commencing an initial period of maternity or adoption leave
will be paid:
64.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
64.7.2 at a rate based on
the hours worked before the initial leave was taken, where the employee has
returned to work and reduced their hours during the 24 month
period; or
64.7.3 at a rate based on
the hours worked prior to the subsequent period of leave where the employee has
not reduced their hours.
64.8 Except as
provided in subclauses 64.5, 64.6 and 64.7 of this clause parental leave shall
be granted without pay.
64.9 Right to request
64.9.1 An employee who
has been granted parental leave in accordance with subclauses 64.2, 64.3 or
64.4 of this clause may make a request to the Chief
Executive Officer to:
(a) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(b) return from a period
of full time parental leave on a part time basis until
the child reaches school age (Note: returning to work from parental leave on a
part time basis includes the option of returning to work on part time leave
without pay);
to assist the employee in reconciling work and parental
responsibilities.
64.9.2 The Chief
Executive Officer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the Chief Executive Officer’s
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on customer
service.
64.10 Notification
Requirements
64.10.1 When
the Corporation is made aware that an employee or their spouse is pregnant or
is adopting a child, the Corporation must inform the employee of their
entitlements and their obligations under the award.
64.10.2 An
employee who wishes to take parental leave must notify the Chief Executive
Officer in writing at least 8 weeks (or as soon as practicable) before the
expected commencement of parental leave:
(a) that she/he
intends to take parental leave, and
(b) the expected
date of birth or the expected date of placement, and
(c) if she/he is
likely to make a request under subclause 64.9 of this clause.
64.10.3 At
least 4 weeks before an employee's expected date of commencing parental leave
they must advise:
(a) the date on
which the parental leave is intended to start, and
(b) the period of
leave to be taken.
64.10.4 The
employee’s request and the Chief Executive Officer’s decision are to be in
writing.
The employee’s request under paragraph 64.9.1 and the
Chief Executive Officer’s decision made under paragraph 64.9.2 must be recorded
in writing.
64.10.5 A
employee intending to request to return from parental leave on a part time
basis or seek an additional period of leave of up to 12 months must notify the
Chief Executive Officer in writing as soon as practicable and preferably before
beginning parental leave. If the notification is not given before commencing
such leave, it may be given at any time up to 4 weeks before the proposed return
on a part time basis, or later if the Chief Executive Officer agrees.
64.10.6 An
employee on maternity leave is to notify the Corporation of the date on which
she gave birth as soon as she can conveniently do so.
64.10.7 An employee
must notify the Corporation as soon as practicable of any change in her
intentions as a result of premature delivery or
miscarriage.
64.10.8 An
employee on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the Corporation and any number of
times with the consent of the Corporation. In each case she/he must give the
Corporation at least 14 days' notice of the change unless the Chief Executive
Officer decides otherwise.
64.11 An employee has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 64.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
64.12 If the position
occupied by the employee immediately prior to the taking of parental leave has
ceased to exist, but there are other positions available that the employee is
qualified for and is capable of performing, the
employee shall be appointed to a position of the same grade and classification
as the employee’s former position.
64.13 an Employee does
not have a right to her/his former position during a period of return to work
on a part time basis. If the Chief Executive Officer approves a return to work
on a part time basis then the position occupied is to
be at the same classification and grade as the former position.
64.14 An employee who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back
to such leave. This may be done once only, and a minimum of 4 weeks' notice (or
less if acceptable to the Corporation) must be given.
64.15 An employee who is
sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. An employee may apply
for accrued recreation leave, extended leave or leave without pay before taking
maternity leave. Any leave taken before maternity leave, ceases at the end of
the working day immediately preceding the day she starts her nominated period
of maternity leave or on the working day immediately preceding the date of
birth of the child, whichever is sooner.
64.16 An employee may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
64.17 An employee may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
64.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
64.17.2 the
total period of parental leave is not extended by the taking of recreation
leave at half pay;
64.17.3 when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
64.18 If, for any
reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Chief Executive Officer, should, in consultation with the employee, take all
reasonable measures to arrange for safer alternative duties. This may include
but is not limited to greater flexibility in when and where duties are carried
out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.
64.19 If such
adjustments cannot reasonably be made, the Chief Executive Officer must grant
the employee maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
64.20 Communication
during parental leave
64.20.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Corporation shall take
reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
64.20.2 The
employee shall take reasonable steps to inform the Chief Executive Officer
about any significant matter that will affect the employee’s decision regarding
the duration of parental leave to be taken, whether the employee intends to
return to work and whether the employee intends to request to return to work on
a part time basis.
64.20.3 The
employee shall also notify the Chief Executive Officer of changes of address or
other contact details which might affect the Corporation’s capacity to comply
with paragraph 64.20.1 of this subclause.
65. Purchased Leave
65.1 An employee may
apply to enter into an agreement with the Chief Executive Officer to purchase
either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
65.1.1 Each application
will be considered subject to operational requirements and personal needs and
will take into account Corporation business needs and
work demands.
65.1.2 The leave must be
taken in the 12 month period specified in the
Purchased Leave Agreement and will not attract any leave loading.
65.1.3 The leave will
count as service for all purposes.
65.2 The purchased
leave will be funded through the reduction in the employee’s ordinary rate of
pay.
65.2.1 Purchased leave
rate of pay means the rate of pay an employee receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
65.2.2 To calculate the
purchased leave rate of pay, the employee’s ordinary salary rate will be
reduced by the number of weeks of purchased leave and then annualised at a pro
rata rate over the 12 month period.
65.3 Purchased leave is
subject to the following provisions:
65.3.1 The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
65.3.2 Other leave taken
during the 12 month purchased leave agreement period
i.e. sick leave, recreation leave, extended leave or leave in lieu will be paid
at the purchased leave rate of pay.
65.3.3 Sick leave cannot
be taken during a period of purchased leave.
65.3.4 The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
65.3.5 Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the employee’s hourly rate based on the ordinary rate of pay.
65.3.6 Higher Duties
Allowance will not be paid when a period of purchased leave is taken.
65.4 Specific
conditions governing purchased leave may be amended from time to time by the
DPE in consultation with the Association.
The Corporation may make adjustments relating
to their salary administration arrangements.
66. Recreation Leave
66.1 Accrual
66.1.1 Except where
stated otherwise in this award, paid recreation leave
for full time employees and recreation leave for employees working part time,
accrues at the rate of 20 working days per year. Employees working part time
shall accrue paid recreation leave on a pro rata basis, which will be
determined on the average weekly hours worked per leave year.
66.1.2 Recreation leave
accrues from day to day.
66.2 Limits on
Accumulation and Direction to Take Leave
66.2.1 At least two (2)
consecutive weeks of recreation leave shall be taken by an employee every 12
months, except by agreement with the Chief Executive Officer in special
circumstances.
66.2.2 Where the operational
requirements permit, the application for leave shall be dealt with by the Chief
Executive Officer according to the wishes of the employee.
66.2.3 The Chief
Executive Officer shall notify the employee in writing when accrued recreation
leave reaches 6 weeks or its hourly equivalent and at the same time may direct
an employee to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to the Corporation.
66.2.4 The Chief
Executive Officer shall notify the employee in writing when accrued recreation
leave reaches 8 weeks or its hourly equivalent and direct the employee to take
at least 2 weeks recreation leave within 6 weeks of the notification. Such
leave is to be taken at a time convenient to the Corporation.
66.2.5 An employee must
take their recreation leave to reduce all balances below 8 weeks or its hourly
equivalent, and the Corporation must cooperate in this process. The Corporation may direct an employee with
more than 8 weeks to take their recreation leave so that it is reduced to below
8 weeks by the beginning of February of the following year.
66.3 Conservation of
Leave - If the Chief Executive Officer is satisfied that an employee is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of between 4 and 6
weeks or its hourly equivalent, the Chief Executive Officer shall:-
66.3.1 Specify in writing
the period of time during which the excess leave shall
be conserved; and
66.3.2 On the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the employee at a mutually convenient time to enable the accrued leave
to be reduced to an acceptable level below the 8 week
limit.
66.3.3 The Chief
Executive Officer will inform an employee in writing on a regular basis of the
employee’s recreation leave accrual.
66.4 Miscellaneous
66.4.1 Unless a local
arrangement has been negotiated between the Chief Executive Officer and the
Association, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
66.4.2 Recreation leave for which an employee is eligible on cessation of
employment is to be calculated to a quarter day (fractions less than a quarter
being rounded up).
66.4.3 Recreation leave
does not accrue to an employee in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 66.4.4 of this
subclause.
66.4.4 Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
66.4.5 The proportionate
deduction to be made in respect of the accrual of recreation leave on account
of any period of absence referred to in paragraph 66.4.4 of this subclause
shall be calculated to an exact quarter-day (fractions less than a quarter
being rounded down).
66.4.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
66.4.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions applying
to adoption, maternity or parental leave - see clause
64, Parental Leave, of this award.
66.4.8 On cessation of
employment, an employee is entitled to be paid the money value of accrued
recreation leave which remains untaken.
66.4.9 An employee to
whom paragraph 66.4.8 of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination
of leave and lump sum payment.
66.5 Death - Where an
employee dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the employee's nominated
beneficiary.
66.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
66.6.1 To the widow or
widower of the employee; or
66.6.2 If there is no
widow or widower, to the children of the employee or, if there is a guardian of
any children entitled under this subclause, to that guardian for the children's
maintenance, education and advancement; or
66.6.3 If there is no
such widow, widower or children, to the person who, in
the opinion of the Chief Executive Officer was, at the time of the employee's
death, a dependent relative of the employee; or
66.6.4 If there is no
person entitled under paragraphs 66.6.1, 66.6.2 or 66.6.3 of this subclause to
receive the money value of any leave not taken or not completed by an employee
or which would have accrued to the employee, the payment shall be made to the
personal representative of the employee.
66.7 Recreation leave
does not accrue during leave without pay other than
66.7.1 military leave
taken without pay when paid military leave entitlements are exhausted;
66.7.2 absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
66.7.3 any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
66.7.4 incapacity for
which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
66.7.5 periods which when
aggregated, do not exceed 5 working days in any period of 12 months.
67. Annual Leave
Loading
67.1 General - Unless more
favourable conditions apply to an employee under another industrial instrument,
an employee, other than a trainee who is paid by allowance, is entitled to be
paid an annual leave loading as set out in this subclause. Subject to the
provisions set out in subclauses 67.2 to 67.4 of this clause, the annual leave
loading shall be 17½% on the monetary value of up to 4 weeks recreation leave
accrued in a leave year.
67.2 Maximum Loading -
Unless otherwise provided in an Award or Agreement under which the employee is
paid, the annual leave loading payable shall not exceed the amount which would
have been payable to an employee in receipt of salary equivalent to the maximum
salary for a Grade 12 Clerk.
67.3 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
67.4 Payment of annual
leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
67.4.1 Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when an employee takes at least two (2)
consecutive weeks recreation leave. Where an employee does not have at least 2
weeks recreation leave available, the employee may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
employee shall be paid the annual leave loading for such period, provided the
absence is at least 2 weeks.
67.4.2 If at least two
weeks leave, as set out in paragraph 67.4.1 of this subclause, is not taken in
a leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the employee as at
30 November of the current year.
67.4.3 While annual leave
loading shall not be paid in the first leave year of employment, it shall be
paid on the first occasion in the second leave year of employment when at least
two weeks leave, as specified in paragraph 67.4.1 of this subclause, is taken.
67.4.4 An employee who
has not been paid the annual leave loading for the previous leave year, shall
be paid such annual leave loading on resignation, retirement
or termination by the Corporation for any reason other than the employee's
serious and intentional misconduct.
67.4.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
68. Sick Leave
68.1 Illness in this
clause and in clauses 69 and 70 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
68.2 Payment for sick
leave is subject to the employee:
68.2.1 Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done as close to the employee’s starting time
as possible; and
68.2.2 Providing evidence
of illness as soon as practicable if required by clause 69, Sick Leave -
Requirements for Evidence of Illness, of this award.
68.3 If the Chief
Executive Officer is satisfied that an employee is unable to perform duty
because of the employee's illness or the illness of his/her family member, the
Chief Executive Officer:
68.3.1 Shall grant to the
employee sick leave on full pay; and
68.3.2 May grant to the
employee, sick leave without pay if the absence of the
employee exceeds the entitlement of the employee under this award to sick leave
on full pay.
68.4 The Chief
Executive Officer may direct an employee to take sick leave if they are
satisfied that, due to the employee’s illness, the employee:
68.4.1 is unable to carry
out their duties without distress; or
68.4.2 risks further
impairment of their health by reporting for duty; or
68.4.3 is a risk to the
health, wellbeing or safety of other employees, Corporational clients or members of the public.
68.5 The Chief
Executive Officer may direct an employee to participate in a return
to work program if the employee has been absent on a long period of sick
leave.
68.6 Entitlements. Existing employees at
13 November 2008 commenced accruing sick leave in accordance with this clause
from 1 January 2009 onwards.
68.6.1 At the
commencement of employment with the Public Service, a full-time employee is
granted an accrual of 5 days sick leave.
68.6.2 After the first
four months of employment, the employee shall accrue sick leave at the rate of
10 working days per year for the balance of the first year of service.
68.6.3 After the first
year of service, the employee shall accrue sick leave day to day at the rate of
15 working days per year of service.
68.6.4 All continuous
service as an employee in the NSW public service shall be taken
into account for the purpose of calculating sick leave due. Where the
service in the NSW public service is not continuous, previous periods of public
service shall be taken into account for the purpose of
calculating sick leave due if the previous sick leave records are available.
68.6.5 Notwithstanding
the provisions of paragraph 68.6.4 of this subclause, sick leave accrued and not
taken in the service of a public sector employer may be accessed in terms of
the Public Sector Staff Mobility Policy.
68.6.6 Sick leave without
pay shall count as service for the accrual of recreation leave and paid sick
leave. In all other respects sick leave
without pay shall be treated in the same manner as leave without pay.
68.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
68.6.8 Paid sick leave shall
not be granted during a period of unpaid leave.
68.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to an
employee, other than a seasonal or relief employee, in the first 3 months of
service shall be limited to 5 days paid sick leave, unless the Chief Executive
Officer approves otherwise. Paid sick leave in excess of
5 days granted in the first 3 months of service shall be supported by a
satisfactory medical certificate.
68.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
69. Sick Leave -
Requirements for Evidence of Illness
69.1 An employee
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Chief Executive Officer in respect of
the absence.
69.2 In addition to
the requirements under subclause 68.2 of clause 68, Sick Leave, of this award,
an employee may absent themselves for a total of 5 working days per annum due
to illness without the provision of evidence of illness to the Chief Executive
Officer. Employees who absent themselves in excess of
5 working days in a year may be required to furnish evidence of illness to the
Chief Executive Officer for each occasion absent for the balance of the
calendar year.
69.3 As a general
practice backdated medical certificates will not be accepted. However, if an employee provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Chief Executive Officer is satisfied
that the reason for the absence is genuine.
69.4 If an employee is
required to provide evidence of illness for an absence of 2 consecutive working
days or less, the Chief Executive Officer will advise them in advance.
69.5 If the Chief
Executive Officer is concerned about the diagnosis described in the evidence of
illness produced by the employee, after discussion with the employee, the
evidence provided and the employee's application for leave can be referred to
the Department of Health for advice.
69.5.1 The type of leave
granted to the employee will be determined by the Chief Executive Officer based
on Department of Health advice.
69.5.2 If sick leave is
not granted, the Chief Executive Officer will, as far as practicable, take into account the wishes of the employee when
determining the type of leave granted.
69.6 The granting of paid
sick leave shall be subject to the employee providing evidence which indicates
the nature of illness or injury and the estimated duration of the absence. If an employee is concerned about disclosing
the nature of the illness to their manager, they may elect to have the
application for sick leave dealt with confidentially by an alternate manager or
the human resources section of the Corporation.
69.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
69.7.1 up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or,
at the Chief Executive Officer's discretion, another registered health services
provider, or
69.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 69.7.1 of
this subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered
medical practitioner, or
69.7.3 at the Chief
Executive Officer’s discretion, other forms of evidence that satisfy that an
employee had a genuine illness.
69.8 If an employee
who is absent on recreation leave or extended leave, furnishes to the Chief
Executive Officer satisfactory evidence of illness in respect of an illness
which occurred during the leave, the Chief Executive Officer may, subject to
the provisions of this clause, grant sick leave to the employee as follows:
69.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
69.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
69.9 Subclause 69.8 of
this clause applies to all employees other than those on leave prior to resignation
or termination of services, unless the resignation or
termination of services amounts to a retirement.
70. Sick Leave to Care
for a Family Member
70.1 Where family and
community service leave provided for in clause 60 of this award is exhausted or
unavailable, an employee with responsibilities in relation to a category of
person set out in subclause 70.4 of this clause who needs the employee's care
and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
70.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the Chief Executive Officer may grant
additional sick leave from the sick leave accumulated during the employee’s
eligible service.
70.3 If required by
the Chief Executive Officer to establish the illness of the person concerned,
the employee must provide evidence consistent with subclause 69.6 of clause 69,
Sick Leave - Requirements for Evidence of Illness, of this award.
70.4 The entitlement
to use sick leave in accordance with this clause is subject to:
70.4.1 The employee being
responsible for the care and support of the person concerned; and
70.4.2 The person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto
spouse being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(c) a child or an
adult child (including an adopted child, a step child,
a foster child or an ex-nuptial child), parent (including a foster parent or
legal guardian), grandparent, grandchild or sibling of the employee or of the
spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household,
where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other;
and
"household" means a family group living in
the same domestic dwelling.
71. Sick Leave -
Workers Compensation
71.1 The Chief
Executive Officer shall advise each employee of the rights under the Workers Compensation Act 1987, as
amended from time to time, and shall give such assistance and advice, as
necessary, in the lodging of any claim.
71.2 A employee who is
or becomes unable to attend for duty or to continue on
duty in circumstances which may give the employee a right to claim compensation
under the Workers Compensation Act
1987 shall be required to lodge a claim for any such compensation.
71.3 Where, due to the
illness or injury, the employee is unable to lodge such a claim in person, the
Chief Executive Officer shall assist the employee or the representative of the
employee, as required, to lodge a claim for any such compensation.
71.4 The Chief
Executive Officer will ensure that, once received by the Corporation, an employee’s
workers compensation claim is lodged by the Corporation with the workers
compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.
71.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Chief Executive Officer shall grant sick leave on full pay for
which the employee is eligible followed, if necessary, by sick leave without
pay or, at the employee's election by accrued recreation leave or extended
leave.
71.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the employee pending acceptance of the claim shall be
restored to the credit of the employee.
71.7 An employee who
continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers
Compensation Act 1987 may use any accrued and untaken sick leave to make up
the difference between the amount of compensation payable under that Act and
the employee's ordinary rate of pay. Sick leave utilised in this way shall be
debited against the employee.
71.8 If an employee
notifies the Chief Executive Officer that he or she does not intend to make a
claim for any such compensation, the Chief Executive Officer shall consider the
reasons for the employee's decision and shall determine whether, in the
circumstances, it is appropriate to grant sick leave in respect of any such
absence.
71.9 An employee may
be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for
compensation under that Act. If an employee refuses to submit to a medical
examination without an acceptable reason, the employee shall not be granted
available sick leave on full pay until the examination has occurred and a
medical certificate is issued indicating that the employee is not fit to resume
employment.
71.10 If the Chief
Executive Officer provides the employee with employment which meets the terms
and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the employee fails, to
resume or perform such duties, the employee shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
71.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.
71.12 Nothing in this
clause prevents an employee from appealing a decision or taking
action under other legislation made in respect of:
71.12.1 The
employee's claim for workers compensation;
71.12.2 The
conduct of a medical examination by a Government or
other Medical Officer;
71.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
71.12.4 Action
taken by the Chief Executive Officer either under the Workers Compensation Act 1987 or any other relevant legislation in
relation to a claim for workers compensation, medical examination
or medical certificate.
72. Sick Leave -
Claims Other than Workers Compensation
72.1 If the circumstances
of any injury to or illness of an employee give rise to a claim for damages or
to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject
to and in accordance with this clause, be granted to the employee on completion
of an acceptable undertaking that: -
72.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by the Corporation to the employee; and
72.1.2 In the event that
the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the Corporation the monetary value of any such period of
sick leave.
72.2 Sick leave on full
pay shall not be granted to an employee who refuses or fails to complete an
undertaking, except in cases where the Chief Executive Officer is satisfied
that the refusal or failure is unavoidable.
72.3 On repayment to
the Corporation of the monetary value of sick leave granted to the employee,
sick leave equivalent to that repayment and calculated at the employee’s
ordinary rate of pay, shall be restored to the credit of the employee.
73. Special Leave
73.1 Special Leave -
Jury Service
73.1.1 An employee shall,
as soon as possible, notify the Chief Executive Officer of the details of any
jury summons served on the employee.
73.1.2 A employee who,
during any period when required to be on duty, attends a court in answer to a
jury summons shall, upon return to duty after discharge from jury service,
furnish to the Chief Executive Officer a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the employee during any such period and the details of any payment or
payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.
73.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
an employee was required to be on duty, the Chief Executive Officer shall
grant, in respect of any such period for which the employee has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
Chief Executive Officer shall grant, at the sole election of the employee,
available recreation leave on full pay, flex leave or
leave without pay.
73.2 Witness at Court
- Official Capacity - When an employee is subpoenaed or called as a witness in
an official capacity, the employee shall be regarded as being on duty. Salary
and any expenses properly and reasonably incurred by the employee in connection
with the employee’s appearance at court as a witness in an official capacity
shall be paid by the Corporation.
73.3 Witness at Court
- Other than in Official Capacity - Crown Witness - An employee who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
73.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
73.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the employee under
or in respect of any such subpoena or call other than any such money so paid in
respect of reimbursement of necessary expenses properly incurred in answer to
that subpoena or call.
73.3.3 Association
Witness - an employee called by the Association to give evidence before an Industrial
Tribunal or in another jurisdiction shall be granted special leave by the
Corporation for the required period.
73.4 Called as a
witness in a private capacity - An employee who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the employee's election, available
recreation leave on full pay or leave without pay.
73.5 Special Leave -
Examinations -
73.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to
employees for the purpose of attending at any examination approved by the Chief
Executive Officer.
73.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
73.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the employee, no further leave is
granted for any examination.
73.6 Special Leave -
Union Activities - Special leave on full pay may be granted to employees who
are accredited Association delegates to undertake Association activities as
provided for in clause 43, Trade Union Activities Regarded as Special Leave of
this award.
73.7 An employee who
identifies as an Indigenous Australian shall be granted up to one day special
leave per year to enable the employee to participate in the National Aborigines
and Islander Day of Commemoration Celebrations. Leave can be taken at any time
during NAIDOC week, or in the weeks leading up to and after NAIDOC week as
negotiated between the supervisor and employee.
73.8 Special Leave -
Other Purposes - Special leave on full pay may be granted to employees by the
Chief Executive Officer for such other purposes, subject to the conditions
specified in the Personnel Handbook at the time the leave is taken.
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
74. Staff Development
and Training Activities
74.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
74.1.1 All staff
development courses conducted by a NSW Public Sector
organisation;
74.1.2 Short educational
and training courses conducted by generally recognised public or private
educational bodies; and
74.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including
Federal or State Government bodies.
74.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities:
74.2.1 Activities for
which study assistance is appropriate;
74.2.2 Activities to
which other provisions of this award apply (e.g.
courses conducted by the Association); and
74.2.3 Activities which
are of no specific relevance to the NSW Public Sector.
74.3 Attendance of an
employee at activities considered by the Chief Executive Officer to be:
74.3.1 Essential for the
efficient operation of the Corporation; or
74.3.2 Developmental and
of benefit to the NSW public sector
shall be regarded as on duty for the purpose of payment
of salary if an employee attends such an activity during normal working hours.
74.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Corporation:
74.4.1 Recognition that
the employees are performing normal duties during the course;
74.4.2 Adjustment for the
hours so worked under flexible working hours;
74.4.3 Payment of course fees;
74.4.4 Payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
74.4.5 Payment of
overtime where the activity could not be conducted during the employee's normal
hours and the Chief Executive Officer is satisfied that the approval to attend
constitutes a direction to work overtime under clause 76, Overtime - General of
this award.
74.5 The following provisions
shall apply, as appropriate, to the activities considered to be developmental
and of benefit to the Corporation:
74.5.1 Recognition of the
employee as being on duty during normal working hours whilst attending the activity;
74.5.2 Payment of course fees;
74.5.3 Reimbursement of
any actual necessary expenses incurred by the employee for travel costs, meals and accommodation, provided that the expenses have not
been paid as part of the course fee; and
74.5.4 Such other
conditions as may be considered appropriate by the Chief Executive Officer
given the circumstances of attending at the activity, such as compensatory
leave for excess travel or payment of travelling expenses.
74.6 Where the
training activities are considered to be principally
of benefit to the employee and of indirect benefit to the public service,
special leave of up to 10 days per year shall be granted to an employee. If
additional leave is required and the Chief Executive Officer is
able to release the employee, such leave shall be granted as a charge
against available flex leave, recreation/extended leave or as leave without
pay.
74.7 Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the
employee attends a training or developmental activity whilst on duty in
accordance with this clause.
75. Study Assistance
75.1 The Chief
Executive Officer shall have the power to grant or refuse study time for an
employee.
75.2 Where the Chief
Executive Officer approves the grant of study time for an employee, the grant
shall be subject to:
75.2.1 The course
undertaken by the employee being a course relevant to the Corporation and/or
the public service and approved by the Chief Executive Officer;
75.2.2 The time being
taken at the convenience of the Corporation; and
75.2.3 Paid study time
not exceeding a maximum of 4 hours per week, to accrue on the
basis of half an hour for each hour of class attendance.
75.3 Study time may be
granted to both full and part-time employees. Part-time employees however shall
be entitled to a pro-rata allocation of study time to that of a full-time
employee.
75.4 Study time may be
used for:
75.4.1 Attending compulsory
lectures, tutorials, residential schools, field days etc., where these are held
during working hours; and/or
75.4.2 Necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
75.4.3 Private study;
and/or
75.4.4 Accumulation,
subject to the conditions specified in subclauses 75.6 to 75.9 of this clause.
75.5 Employees
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows: -
75.5.1 Face-to-Face -
Employees may elect to take weekly and/or accrued study time, subject to the
provisions for its grant.
75.5.2 Correspondence -
Employees may elect to take weekly and/or accrued study time, or time off to
attend compulsory residential schools.
75.5.3 Accumulation -
Employees may choose to accumulate part or all of
their study time as provided in subclauses 75.6 to 75.9 of this clause.
75.6 Accumulated study
time may be taken in any manner or at any time, subject to operational
requirements of the Corporation.
75.7 Where at the
commencement of an academic year/semester an employee elects to accrue study
time and that employee has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must
be granted even if changed work circumstances mean absence from duty would be
inconvenient.
75.8 Employees
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
75.9 Where an employee
is employed after the commencement of the academic year, weekly study time may
be granted with the option of electing to accrue study time from 1st July in
the year of entry on duty or from the next academic year, whichever is the
sooner.
75.10 Employees studying
in semester based courses may vary their election as
to accrual or otherwise from semester to semester.
75.11 Correspondence
Courses - Study time for employees studying by correspondence accrues on the basis of half an hour for each hour of
lecture/tutorial attendance involved in the corresponding face-to-face course,
up to a maximum grant of 4 hours per week. Where there is no corresponding
face-to-face course, the training institution should be asked to indicate what
the attendance requirements would be if such a course existed.
75.12 Correspondence students
may elect to take weekly study time and/or may accrue study time and take such
accrued time when required to attend compulsory residential schools.
75.13 Repeated subjects
- Study time shall not be granted for repeated subjects.
75.14 Expendable grant -
Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a
genuine emergency at work, study time for that week may be granted on another
day during the same week.
75.15 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
75.16 The period granted
as examination leave shall include:
75.16.1 Time
actually involved in the examination;
75.16.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the employee.
75.17 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
75.18 Study Leave -
Study leave for full-time study is granted to assist those employees who win
scholarships/fellowships/awards or who wish to undertake full-time study and/or
study tours. Study leave may be granted for studies at any level, including
undergraduate study.
75.19 All employees are
eligible to apply and no prior service requirements
are necessary.
75.20 Study leave shall
be granted without pay, except where the Chief Executive Officer approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Chief Executive Officer according to the relevance of the
study to the workplace and may be granted up to the amount equal to full
salary.
75.21 Where financial
assistance is approved by the Chief Executive Officer for all or part of the
study leave period, the period shall count as service for all purposes in the
same proportion as the quantum of financial assistance bears to full salary of
the employee.
75.22 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the Corporation may choose to identify courses or educational
programmes of particular relevance or value and establish a Corporation
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
SECTION 8 - OVERTIME
76. Overtime - General
76.1 An employee may
be directed by the Chief Executive Officer to work overtime, provided it is reasonable
for the employee to be required to do so. An employee may refuse to work
overtime in circumstances where the working of such overtime would result in
the employee working unreasonable hours. In determining what is unreasonable,
the following factors shall be taken into account:
76.1.1 The employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
76.1.2 Any risk to
employee health and safety,
76.1.3 The urgency of the
work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services,
76.1.4 The notice (if
any) given by the Chief Executive Officer regarding the working of the
overtime, and by the employee of their intention to refuse overtime, or
76.1.5 Any other relevant
matter.
76.2 Payment for
overtime shall be made only where the employee works directed overtime.
76.3 Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement provided that, on the day when overtime is
required to be performed, the employee shall not be required by the Chief
Executive Officer to work more than 7 hours after finishing overtime or before
commencing overtime.
76.4 Payment for
overtime worked shall not be made under this clause if the employee is
eligible, under any other industrial instrument, to:
76.4.1 Compensation
specifically provided for overtime; or
76.4.2 Be paid an
allowance for overtime; or
76.4.3 A rate of salary
which has been determined as inclusive of overtime.
77. Overtime Worked by
Day Workers
77.1 The provisions of
this clause shall not apply to:
77.1.1 Employees covered
by formal local arrangements in respect of overtime negotiated between the
Chief Executive Officer and the Association;
77.1.2 Employees to whom
overtime provisions apply under another industrial instrument;
77.1.3 Employees whose
salary includes compensation for overtime; and
77.1.4 Employees who
receive an allowance in lieu of overtime.
77.2 Rates - Overtime
shall be paid at the following rates:
77.2.1 Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the employee’s ordinary hours of duty, if working standard hours, or
outside the bandwidth, if working under a flexible working hours scheme, unless
local arrangements apply;
77.2.2 Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
77.2.3 Sundays - All overtime
worked on a Sunday at the rate of double time;
77.2.4 Public Holidays -
All overtime worked on a public holiday at the rate of double time and one
half.
77.3 If an employee is
absent from duty on any working day during any week in which overtime has been
worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the employee has been granted leave of absence or
the absence has been caused by circumstances beyond the employee’s control.
77.4 An employee who
works overtime on a Saturday, Sunday or public holiday shall be paid a minimum
payment as for three (3) hours work at the appropriate rate.
77.5 Rest Periods
77.5.1 An employee who
works overtime shall be entitled to be absent until eight (8) consecutive hours
have elapsed.
77.5.2 Where an employee,
at the direction of the supervisor, resumes or continues work without having
had eight (8) consecutive hours off duty then such employee shall be paid at
the appropriate overtime rate until released from duty. The employee shall then
be entitled to eight (8) consecutive hours off duty and shall be paid for the
ordinary working time occurring during the absence.
78. Overtime Meal
Breaks
78.1 Employees not
working flexible hours - An employee required to work overtime on weekdays for
an hour and a half or more after the employee’s ordinary hours of duty on
weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for
a meal after every five hours of overtime worked.
78.2 Employee working
flexible hours - An employee required to work overtime on weekdays beyond 6.00
p.m. and until or beyond eight and a half hours after commencing duty plus the
time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
78.3 Employees
Generally - An employee required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a
meal after every five hours of overtime worked. An employee who is unable to
take a meal break and who works for more than five hours shall be given a meal
break at the earliest opportunity.
79. Overtime Meal
Allowances
79.1 If an adequate
meal is not provided by the Corporation, a meal allowance shall be paid by the
Corporation at the appropriate rate specified in the prevailing ATO ruling,
provided the Chief Executive Officer is satisfied that:
79.1.1 the time worked is
directed overtime;
79.1.2 the employee
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
79.1.3 where the employee
was able to cease duty for at least 30 minutes before or during the working of
overtime to take the meal, the employee did so; and
79.1.4 overtime is not
being paid in respect of the time taken for a meal break.
79.2 Where an
allowance payable under this clause is insufficient to reimburse the employee the
cost of a meal, properly and reasonably incurred, the Chief Executive Officer
shall approve payment of actual expenses.
79.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
79.4 Receipts shall be
provided to the Chief Executive Officer or his/her delegate in support of any
claims for additional expenses or when the employee is required to substantiate
the claim.
79.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Executive
Officer and the Association from negotiating different meal provisions under a
local arrangement.
80. Rate of Payment
for Overtime
An employee whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for Clerk Grade 8 (as set out in the
Crown Employees (Public Sector - Salaries 2018) Award and any variation or
replacement award), as varied from time to time, shall be paid for working
directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the
Chief Executive Officer approves payment for directed overtime at the
employee’s salary or, where applicable, salary and allowance in the nature of
salary.
81. Payment for
Overtime or Leave in Lieu
81.1 the Chief
Executive Officer shall grant compensation for directed overtime worked either
by payment at the appropriate rate or, if the employee so elects, by the grant
of leave in lieu in accordance with subclause 81.2 of
this clause.
81.2 The following
provisions shall apply to the leave in lieu: -
81.2.1 The employee shall
advise the supervisor before the overtime is worked or as soon as practicable
on completion of overtime, that the employee intends to take leave in lieu of
payment.
81.2.2 The leave shall be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
81.2.3 The leave must be
taken at the convenience of the Corporation, except when leave in lieu is being
taken to look after a sick family member. In such cases, the conditions set out
in clause 70, Sick Leave to Care for a Sick Family Member, of this award apply.
81.2.4 The leave shall be
taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the employee’s Corporation or section;
81.2.5 Leave in lieu
accrued in respect of overtime shall be given by the Corporation and taken by
the employee within three months of accrual unless alternate local arrangements
have been negotiated between the Chief Executive Officer and the Association.
81.2.6 An employee shall
be paid for the balance of any overtime entitlement not taken as leave in lieu.
82. Calculation of
Overtime
82.1 Unless a minimum
payment in terms of subclause 77.4 of clause 77, Overtime Worked by Day
Workers, of this award applies, overtime shall not be paid if the total period
of overtime worked is less than a quarter of an hour.
82.2 The formula for
the calculation of overtime at ordinary rates for employees employed on a five
(5) day basis shall be:
|
Annual
Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No
of ordinary hours of work per week
|
82.3 To determine time
and one half, double time or double time and one half,
the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2
respectively, calculated to the nearest cent.
82.4 Overtime is not
payable for time spent travelling.
83. Provision of
Transport in Conjunction with Working of Overtime
83.1 For the purpose
of this clause, departure or arrival after 8.00 p.m.
will determine whether the provisions of this clause apply.
Departure or arrival after 8.00 p.m. of an employee on
overtime does not in itself warrant the provision of transport. It needs to be
demonstrated that the normal means of transport, public or otherwise, is not
reasonably available and/or that travel by such means of transport places the
safety of the employee at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with administrative units of Corporations where knowledge of each particular situation will enable appropriate judgements to
be made.
83.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the employee can use
public transport or other normal means of transport to and from work.
83.3 Provision of
Taxis
Where an employee ceases overtime duty after 8.00 p.m.
and public transport or other normal means of transport is not reasonably
available, arrangements may be made for transport home or to be provided by way
of taxi.
SECTION 9 - MISCELLANEOUS
84.
Anti-Discrimination
84.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 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.
84.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
84.3 Under the Anti‑Discrimination Act 1977, 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.
84.4 Nothing in this
clause is to be taken to affect:
84.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
84.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
84.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
84.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
84.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
84.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
84.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
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."
85. Secure Employment
85.1 Objective of this
Clause
The objective of this clause is for the Corporation to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the Corporation’s workforce, in particular by ensuring that any casual employees have an
opportunity to elect to become full-time or part-time employees.
85.2 Casual Conversion
85.2.1 A casual employee
engaged by the Corporation on a regular and systematic basis for a sequence of
periods of employment under this award during a calendar period of six months
shall thereafter have the right to elect to have his or her ongoing contract of
employment converted to permanent full-time employment or part-time employment
if the employment is to continue beyond the conversion process prescribed by
this subclause.
85.2.2 Where the
Corporation employs such a casual employee, the Corporation shall give the
employee notice in writing of the provisions of this subclause within four
weeks of the employee having attained such period of six months. However, the
employee retains his or her right of election under this subclause if the
Corporation fails to comply with this notice requirement.
85.2.3 Any casual
employee who has a right to elect under paragraph 85.2.1, upon receiving notice
under paragraph 85.2.2 or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the Chief Executive Officer that he
or she seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the Chief Executive Officer shall consent to or
refuse the election, but shall not unreasonably so refuse. Where the Chief
Executive Officer refuses an election to convert, the reasons for doing so
shall be fully stated and discussed with the employee concerned, and a genuine
attempt shall be made to reach agreement. Any dispute about a refusal of an
election to convert an ongoing contract of employment shall be dealt with as
far as practicable and with expedition through the disputes
settlement procedure.
85.2.4 Any casual
employee who does not, within four weeks of receiving written notice from the
Chief Executive Officer, elect to convert his or her ongoing contract of
employment to full-time employment or part-time employment will be deemed to
have elected against any such conversion.
85.2.5 Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the Chief Executive Officer.
85.2.6 If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 85.2.3, the
Chief Executive Officer and employee shall, in accordance with this paragraph,
and subject to paragraph 85.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial
Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
Chief Executive Officer and the employee.
85.2.7 Following an
agreement being reached pursuant to paragraph 85.2.6, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement
procedure.
85.2.8 An employee must
not be engaged and re-engaged, dismissed or replaced
in order to avoid any obligation under this subclause.
85.3 Work Health and
Safety
85.3.1 For the purposes
of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
85.3.2 If the Corporation
engages a labour hire business and/or a contract business to perform work
wholly or partially on the Corporation’s premises shall do the following
(either directly, or through the agency of the labour hire or contract
business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those risks.
85.3.3 Nothing in this
subclause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
85.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.
85.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
86. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in the Corporation or section of the Corporation at the
time this award is made, if such provisions are better than the provisions
contained in this award. Such entitlements are hereby expressly preserved until
renegotiated with the Association.
87. Area, Incidence
and Duration
87.1 This award
removes any doubt that the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009 published 2 October 2016 (380
I.G. 1292) and all variations thereof do not apply to the employees who are now
covered under this award.
87.2 This award
rescinds and replaces the Crown Employees (SAS Trustee Corporation) Award 2019
published on 25 October 2019 (385 I.G. 334) and all variations thereof from 1
July 2020 and shall remain in force until 30 June 2022.
88. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the Employees covered by the Award
that take effect prior to 30 June 2023 by a party to this Award.
PART B
Table 1: Allowances of Part B - Monetary Rates of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.
|
Item
No.
|
Clause
No.
|
Description
|
Amount
FFPP 1.7.2022
|
Amount
FFPP 1.7.2023
|
|
1
|
36.2
|
Exchanges
|
Actual
cost
|
Actual
cost
|
|
|
|
|
2.53%
|
4.00%
|
|
2
|
37.1
|
Room at home used as office
|
$1,006 pa
|
$1,046 pa
|
|
3
|
40.1
|
First aid allowance
|
Per
annum
|
Per
annum
|
|
|
|
- Holders of basic
qualifications
|
$979
|
$1,018
|
|
|
|
- Holders of current
occupational first aid certificate
|
$1,470
|
$1,529
|
Table 2 - Salary Rates
Clauses 3.14, 6 and 87.2
|
Grade
|
Salary rate from
first full pay period on or after 1 July 2022 2.53%
$
|
Salary rate from
first full pay period on or after 1 July 2023 4.00%
$
|
|
STC Grade 4
|
85,665
|
89,092
|
|
STC Grade 5
|
95,136
|
98,941
|
|
STC Grade 6
|
100,942
|
104,980
|
|
STC Grade 7
|
108,090
|
112,414
|
|
STC Grade 8
|
116,173
|
120,820
|
|
STC Grade 9
|
123,001
|
127,921
|
|
STC Grade 10
|
133,103
|
138,427
|
____________________
Printed by the authority of
the Industrial Registrar.