Local Land Services Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

 

AWARD REPRINT

 

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

 

 

AWARD

 

Arrangement

 

Clause No.        Subject Matter

 

PART A - CORE CONDITIONS COVERING NORMAL OPERATIONS

 

SECTION 1 - APPLICATION AND OPERATION

 

1.        Introduction

2.        Definitions

3.        Title

4.        Area, Incidence and Duration

5.        Dispute Settlement Procedure

6.        No Extra Claims

 

SECTION 2 - EMPLOYMENT CONDITIONS AND ARRANGEMENTS

 

7.        Classifications Structure and Rates of Pay

8.        Salary Movement

9.        Probationary Period

10.      Forms of Employment

11.      Termination of Employment

12.      Hours of Work

13.      Flexible Working Hours

14.      Leave - General Provisions

15.      Annual Leave

16.      Annual Leave Loading

17.      Sick Leave

18.      Carer’s Leave

19.      Family and Community Service Leave

20.      Long Service Leave

21.      Parental Leave

22.      Military Leave

23.      Purchased Leave

24.      Leave Without Pay

25.      Observance of Essential Religious and Cultural Obligations

26.      Other Forms of Paid Leave

27.      Leave for Matters Arising from Domestic Violence

28.      Lactation Breaks

29.      Public Holidays

30.      Transferred Employees Relocation Costs

31.      Overtime

32.      Recall to Work

33.      On Call Allowance

34.      Overtime Meal Breaks

35.      Overtime Meal Allowances

36.      Leave in Lieu (LIL) or Payment for Overtime

37.      Travelling Expenses

38.      Excess Travelling Time

39.      Business Usage of Private Motor Vehicle

40.      Damage to Private Motor Vehicle Used for Work

41.      Remote Locations Living Allowance

42.      Other Allowances

43.      Above Level Assignment Allowance

44.      Salary Packaging

 

SECTION 3 - OTHER MATTERS

 

45.      Consultation Arrangements

46.      Trade Union Leave and Activities

47.      Work Environment 

48.      Anti-Discrimination

 

SECTION 4 - CONDITIONS COVERING SHIFTWORKERS

 

49.      Shift Work

50.      Overtime Worked by Shift Workers

 

SECTION 5 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

51.      Employee Development and Training Activities

52.      Study Assistance

 

SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY

 

SCHEDULE B - ALLOWANCES AND EXPENSES

 

SCHEDULE C - TRANSITIONAL ARRANGEMENTS

 

SCHEDULE D - TRANSLATION TO NEW CLASSIFICATION STRUCTURE

 

PART A - CORE CONDITIONS COVERING NORMAL OPERATIONS

 

SECTION 1 - APPLICATION AND OPERATION

 

1.  Introduction

 

1.1      On 1 January 2014 the Local Land Services (LLS) was established pursuant to Part 1, Section 2 of the Local Land Services Act 2013.

 

1.2      Employees of LLS are employed as employees of an Executive agency related to a Department as listed in Part 2 of Schedule 1 of the Government Sector Employment Act 2013.

 

1.3      This Award sets out salaries and conditions of employment for employees in LLS in the classifications specified in this Award.

 

2.  Definitions

 

2.1      Act Means the Government Sector Employment Act 2013.

 

2.2      Agency Head means the Chair of the Board of Chairs.

 

2.3      Casual Employee means an employee engaged on a casual basis and paid hourly as provided for in subclause 10.5 of this Award.

 

2.4      Dependant means a person who lives in the principal place of residence of the employee and who is wholly or in part dependent on the employee for support.

 

2.5      Dispute Settlement Procedure means the procedure outlined in clause 5.

 

2.6      Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

2.7      Employees means all persons employed by LLS under Part 2 of Schedule 1 of the Government Sector Employment Act 2013.

 

2.8      Employer means for the purposes of this award is the Chair of the Board of Chairs being the Agency Head or their nominated delegate of the Local Land Services.

 

2.9      Excess Rent is rent which is paid for a private rental property in a new location which is above the affordable rate for the employee as defined in clause 30, Transferred Employee Relocation Costs.

 

2.10    FACSL means Family and Community Service Leave in accordance with clause 19 of this Award.

 

2.11    Family Member means:

 

(a)       A spouse of the employee.

 

(b)      A de facto spouse is a person of the opposite or same sex to the employee who lives with the employee as the employee's partner on a bona fide domestic basis although not legally married to the employee.

 

(c)       A child or adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild, or sibling of the employee or of the spouse or de facto spouse of the employee.

 

(d)      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.

 

2.12    Family Responsibilities means, in relation to Family and Community Service Leave, the granting of such leave on compassionate grounds (such as the death or illness of a close family member), attending to unplanned or unforeseen family responsibilities (such as attending a child’s school for an emergency reason or emergency cancellations by child care providers).

 

2.13    Fixed Term Employee means an employee engaged for a defined period of time stipulated at the time of engagement, as varied by agreement.

 

2.14    Full-Time Employee means a person who is employed on an ongoing or fixed term basis to work the ordinary hours prescribed in subclause 10.2 of this Award.

 

2.15    Headquarters means the centre(s) to which an employee is assigned or from which an employee is required to operate on a long-term basis.

 

2.16    "Industrial Relations Secretary" means the Secretary of the Department of Premier and Cabinet, as established under the Government Sector Employment and Act 2013.

 

2.17    IRC means Industrial Relations Commission of New South Wales.

 

2.18    Leave Year means, for the calculation of annual leave loading, the year commencing on 1 December each year and ending on 30 November of the following year.

 

2.19    LIL means leave in lieu to be taken in lieu of payment for overtime defined in clause 36 of this Award.

 

2.20    Local Holiday means a holiday which is declared as an additional holiday for a specified part of the State under the Public Holidays Act.

 

2.21    Long Service Leave means extended (long service) leave as provided for in clause 20 of the Award.

 

2.22    LLS means Local Land Services.

 

2.23    LWOP means Leave Without Pay.

 

2.24    On Call means an employee who is required by the Employer to be available outside their normal working hours for recall to work.

 

2.25    Ongoing Employee means a person whose employment continues until the employee resigns or has his or her employment terminated.

 

2.26    Ordinary Working Hours means full time ordinary working hours shall be 38 hours per week Monday to Friday.

 

2.27    Part-Time Employee means a person employed on an ongoing or fixed term basis in accordance with subclause 10.3, including an employee working a job share arrangement and where the ordinary hours of work are less than 38 per week or less than 7.6 hours per standard work day.

 

2.28    Reimbursement or "reimbursed" means payment of an expense by the Employer, which is actually incurred by the employee, which the Employer is satisfied is reasonable, and for which adequate evidence is produced by the employee. 

 

2.29    Saturday means the period between 12 midnight Friday and 12 midnight Saturday.

 

2.30    Shift means a rostered shift as defined in clause 49 of this Award.

 

2.31    Shift worker means an employee who works rostered shifts as defined in clause 49 of the Award.

 

2.32    Standard Hours means the ordinary hours of work which are worked in the absence of flexible working hours. The hours of attendance at work are deemed to be 7.6 hours, Monday to Friday, with a lunch break of one hour.

 

2.33    Sunday means the period between 12 midnight Saturday and 12 midnight Sunday.

 

2.34    Temporary assignment means an employee is temporarily assigned by the Agency Head or delegate to another role in Local Land Services and is entitled to be paid an allowance if the other role is at a higher grade of work.

 

2.35    Union means an organisation of employees registered under the Industrial Relations Act 1996 who is a party to this Award.

 

3.  Title

 

This Award shall be known as the Local Land Services Award 2022.

 

4.  Area, Incidence and Duration

 

4.1      This Award rescinds and replaces the Local Land Services Award 2021 published 6 August 2021 (389 I.G. 849) and shall take effect from 1 July 2022 and shall remain in force until 30 June 2023.

 

4.2      Parties to this Award are:

 

4.2.1   The Industrial Relations Secretary as defined in subclause 2.16;

 

4.2.2   Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA);

 

4.2.3   The Australian Workers Union (AWU).

 

4.3      This Award operates to replace any other Award, Agreement or instrument which would otherwise apply, including the following Awards or their replacement Awards:

 

Crown Employees Conservation Field Officers (NSW Department of Trade and Investment, Regional Infrastructure and Services and NSW Office of Environment and Heritage) Reviewed Award 2012

 

Crown Employees (NSW Department of Trade and Investment, Regional Infrastructure and Services) Professional Officers Award

 

Crown Employees (Public Sector - Salaries 2022) Award

 

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

 

Crown Employees (Senior Officers Salaries) Award 2012

 

Livestock Health and Pest Authorities Salaries and Conditions Award

 

5.  Dispute Settlement Procedure

 

5.1      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 within the LLS, if required.

 

5.2      An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

5.3      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 Agency Head or delegate.

 

5.4      The immediate manager, or other appropriate employee, 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.

 

5.5      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 Agency Head.

 

5.6      The Agency Head may refer the matter to the relevant Union for consideration.

 

5.7      If the matter remains unresolved, the Agency Head 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.

 

5.8      An employee, at any stage, may request to be represented by the Union.

 

5.9      The employee or the Union on their behalf or the Agency Head may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

5.10    The employee, Union and Agency Head shall agree to be bound by any order or determination by the Industrial Relations Commission of New South Wales in relation to the dispute.

 

5.11    Whilst the procedures outlined in subclauses 5.1 to 5.10 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 workplace 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.

 

6.  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.

 

SECTION 2 - EMPLOYMENT CONDITIONS AND ARRANGEMENTS

 

7.  Classifications Structure and Rates of Pay

 

7.1      The rates of pay outlined for in Table 1 of Schedule A provide for 36 pay points across the four classification streams. 

 

7.2      Employees of LLS shall be employed in one of the following four classification streams and paid salaries according to their classification provided for in Tables 2 to 5 of Schedule A of this Award.

 

Administration and Clerical Stream, Table 2 of Schedule A;

 

Advisory and Technical Stream, Table 3 of Schedule A;

 

Field Operations Stream, Table 4 of Schedule A; and

 

District Veterinarian Stream, Table 5 of Schedule A.

 

7.3      Employees will be paid, where applicable, Work Related Allowances as provided for in Table 1 of Schedule B and Meal, Travel and Other Expense Related Allowances as provided for in Table 2 of Schedule B of this Award.

 

7.4      The Salaries and Work Related Allowances in this Award will vary in accordance with the same variations and operative dates that apply to the Crown Employees (Public Sector - Salaries 2022) Award or any replacement Award.

 

7.5      The Meal, Travel and Other Expense Related Allowances in this Award will vary in accordance with the same variations and operative dates that apply to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any replacement Award.

 

7.6      The transitional arrangements provided for in Schedule C of this Award apply only to former employees of Catchment Management Authorities who are transferred to LLS at the time it is enacted.

 

8.  Salary Movement

 

8.1      Salary Movement for employees employed in the Administration and Clerical Stream, Advisory and Technical Stream, and Field Operations Stream, employees must be able to demonstrate their ability to undertake the capabilities in the relevant role description as provided for in the Government Sector Capabilities Framework, in addition to the following:

 

8.1.1   Movement within each Grade will be by annual increment, provided the Employer is satisfied with the conduct and manner of performance of duties of the employee concerned.

 

8.1.2   Consideration of incremental movement by the Employer, for all employees, will be subject to a satisfactory performance report recommending progression by the manager.

 

8.1.3   Promotion between grades can only take place if:

 

(a)       A vacancy exists at a higher grade; and

 

(b)       The vacancy has been advertised; and

 

(c)       A comparative assessment process has been followed.

 

8.2      Salary Progression for employees employed in the District Veterinarian Stream, employees must be able to demonstrate their ability to undertake the capabilities in the relevant role description as provided for in the Government Sector Capabilities Framework in addition to the following:

 

8.2.1   New assignments to be at the grade appropriate for the experience and skill of the assigned employee.

 

8.2.2   Progression between District Vet Grade 4.4 and District Vet Grade 7.2 is subject to 12 months satisfactory service at each of the previous grades. It is also subject to:

 

(a)       demonstrating to the Employer a contribution to the achievement of the Animal Biosecurity and Welfare (AB&W) Business Plan identified KPI’s; and

 

(b)       demonstrating to the Employer flexibility in meeting the Local Land Services (LLS) Biosecurity and Emergency Services program requirements in the previous year; and

 

(c)       demonstrating to the Employer active contribution to working as part of a team with other LLS employees.

 

8.2.3   In addition to the requirements in 8.2.2 above, progression from Grade 4.4 to Grade 5.1 shall be by application to the Employer and assessment of the following criteria having been satisfied:

(a)       Satisfactory performance and completion of 12 months service at Grade 4.4.

 

(b)       Obtained an ‘Authority as Inspector’ under the Stock Diseases Act 1923.

 

(c)       Completion of the following training courses:

 

(i)       Certificate IV in Government (Statutory Compliance) or current equivalent.

 

(ii)      SEINS Infringement Notice Training.

 

(iii)     Equivalent current and relevant course in one or more of (but not limited to): communication, negotiation, planning, research or project management skills.

 

(d)       Familiarity with and ability to interpret NSW Government Animal Health policy and procedure.

 

(e)       Familiarity with and ability to exercise appropriate functions in accordance with policy under:

 

(i)       Stock Diseases Act 1923.

 

(ii)      Local Land Services Act 2013.

 

(iii)     Interstate requirements for movement of livestock.

 

(iv)     Natural disaster relief policies.

 

(v)       Stock (Chemical Residues) Act 1975.

 

(vi)     Veterinary Practice Act 2003.

 

(vii)    Prevention of Cruelty to Animals Act 1979.

 

(viii)   Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991.

 

(f)       Demonstrated the following:

 

(i)       Contribution to the development of the LLS Biosecurity Operational Plan.

 

(ii)      Achieving identified Key Performance Indicator (KPI) targets in the LLS Biosecurity Operational Plan.

 

(iii)     Core reporting requirements in the LLS Biosecurity Operational Plan are met in a timely manner.

 

(iv)     Ability to locate and interpret relevant Livestock Health policy and procedure documents.

 

(v)       Ability to locate and interpret interstate movement requirements.

 

(vi)     Competency to record and retrieve data in timely manner to meet requirements of the animal health management system.

 

(vii)    Meeting standards for recording Livestock Health events within the district for certification and surveillance.

 

(viii)   Undertaking Continuing Professional Development to meet guidelines of the Veterinary Practitioners Board.

 

(ix)     Obtain competencies under Emergency Management training to Field Veterinarian Operational standard.

 

(x)       Ability to supervise other LLS employees or contractors during projects or day to day animal health related matters.

 

(xi)     Regular attendance and contribution at relevant Biosecurity and Emergency Services related meetings.

 

8.2.4   Progression from Grade 5.6 to Grade 6.2 shall be by demonstration to the Employer that the following criteria are satisfied:

 

(a)       Meet all the requirements of 8.2.3 plus satisfactory completion of 12 months service at 5.6.

 

(b)       Demonstrated the following:

 

(i)       Involvement in the development of the LLS Biosecurity Operational Plan in a budgeted and resourced format.

 

(ii)      All major identified and agreed KPI’s as outlined in the LLS Biosecurity Operational Plan have been satisfactorily addressed.

 

iii)      Coordination (with respective LLS managers and team leaders) of the ongoing training and development of employees for Livestock Health and Emergency Management related duties.

 

(iv)     Regular contribution to regional Animal Biosecurity and Emergency Service meetings when held.

 

(v)       Involvement in discussions of policy and procedure changes at a regional level.

 

(vi)     Contribution at an appropriate level to the Biosecurity and Emergency Services system as a whole.

 

(c)       Demonstrated competence in the following fields:

 

(i)       Epidemiology.

 

(ii)      Diagnosis of diseases of important livestock species.

 

(iii)     Gross pathology of livestock species.

 

(iv)     Knowledge of the economic impact of diseases of important livestock species.

 

(v)       Advising on diseases important to livestock systems within the region.

 

(vi)     Livestock management systems of significance within the region.

 

8.2.5   Accelerated Progression

 

(a)       The Employer may consider the granting of accelerated progression within Grades 5.1, 5.3 & 5.6 or Grades 6.2, 6.3 & 7.2 from one Grade to any other Grade, on written application from the District Veterinarian to the Employer.

 

Such application is to demonstrate that:

 

(i)       general duties within the Animal Biosecurity and Emergency Services functions are being performed by the District Veterinarian at a superior level (to be assessed by the Employer and relevant Biosecurity and Emergency Services managers and team leaders); and

 

(ii)      a significant contribution to the Animal Biosecurity and Emergency Services functions at either a regional, state-wide, national level affecting the industry has been made by the District Veterinarian since the last progression (to be assessed by the Employer and relevant Biosecurity and Emergency Services managers and team leaders);

 

(b)       The accelerated progression, if approved shall take effect from one (1) month after the date of lodgement of a successful application to the Employer.

 

(c)       In all cases where an application is declined, the District Veterinarian will receive a written explanation from the Employer.

 

8.2.6   Progression from Grade 7.2 to Grade 7.3 shall be by application by the District Veterinarian with supporting documentation to the Employer. The Employer will arrange an assessment by a panel comprising a nominee of the Chief Veterinary Officer, an Employer nominee at manager level and within the Biosecurity and Emergency Services function and a nominee at team leader level within the Animal Biosecurity and Welfare function of the LLS.  At least one panel member should have sat on a previous panel. 

 

The following criteria must be satisfied:

 

(a)       Satisfactory completion of 12 months service at Grade 7.2.

 

(b)       Demonstrate that, where appropriate, a team approach with leadership by the District Veterinarian is utilised to achieve Biosecurity Operational Plan objectives.

 

(c)       Qualification in a subject relevant to the duties of a District Veterinarian or a combination of training and experience equivalent to such a qualification.

 

(d)       Competencies or equivalent experience sufficient under Emergency Management to perform a Control Centre role at the level of Coordinator or above.

 

(e)       Demonstrated continuing, active and high quality contribution to the Biosecurity and Emergency Services system as a whole, with major or significant contributions to local, regional or state-wide animal health programs.

 

(f)       Contribution to the briefing of senior management and employees on changes to Livestock Health policy and procedure changes and implications to the community and where appropriate, assist with training required by such changes.

 

(g)       High level of skill in the diagnosis, treatment, control, prevention, and management of Livestock Health problems in the important livestock enterprises in the district.

 

(h)       Major input into the adoption of improved Livestock Health practices by industry.

 

(i)       Substantial output of effective advisory material.

 

(j)       Demonstrated cooperation and collaboration with other functional areas, other disciplines, and other agencies.

 

(k)       High level of input into the achievement of the LLS Biosecurity and Emergency Services strategic and operational plans.

 

8.2.7   Progression from Grade 7.3 to Grade 7.5 shall follow 12 months satisfactory performance at each grade; and

 

8.2.8   Progression between Grade 7.3 and Grade 7.5 shall also be subject to the applicant demonstrating to the Employer that they continue to perform at the standard that resulted in their progression to Grade 7.3 as per paragraph 8.2.6.

 

8.2.9   In all cases where an application for progression is declined, the District Veterinarian will receive from the Employer a written explanation of the reasons for the decision.

 

8.2.10 If an employee feels that any application for progression has not been reasonably treated, an appeal outlining reasons and expectations, may be made to the LLS Agency Head for review.

 

8.2.11 Progression above Grade 7.5 (pay point 31) shall only occur if:

 

(a)       a vacancy exists; and

 

(b)       the vacancy has been advertised; and

 

(c)       a comparative assessment process has been followed.

 

8.2.12 Movement from Grade 8.1 to 8.2 will be by annual increment, provided the Employer is satisfied with the conduct and manner of performance of duties of the employee concerned.

 

8.2.13 The operative date for payment of the increase under paragraphs 8.2.3, 8.2.4, 8.2.5 and 8.2.6 shall be the date on which the successful application was submitted to LLS. In those instances where an application was either unsuccessful or needed to be modified, then the date of lodging a new application which is successful will become the operative date for the payment of the increase.

 

9.  Probationary Period

 

9.1      All new employees, excluding casuals, will be subject to a probationary period of 3 months.

 

9.2      The Employer may extend a probationary period up to a maximum of 6 months.

 

10.  Forms of Employment

 

10.1    The Employer may engage employees on an ongoing employment (full time or part time); or fixed term employment (full-time or part time); or casual basis.

 

10.2    Ongoing Full Time Employment

 

A full-time employee is an employee employed to work ordinary hours of 38 hours per week as provided for in clause 12 of this Award.

 

10.3    Ongoing Part Time Employment

 

10.3.1 A part time employee shall be engaged to work less than the ordinary hours worked by a fulltime employee.

 

10.3.2 Part time work may be undertaken with the agreement of the Employer. Part time work may be undertaken in a part time role or under a part time arrangement. The terms of the agreement must be in writing and specify the pattern of contract hours to be worked and may only be varied with the consent of both parties.

 

10.3.3 Part time employees shall be paid at the same hourly rate as a fulltime employee in the same classification, including any relevant expenses and/or allowances as prescribed in this Award. Incremental progression for part time employees is the same as for full time employees.

 

10.3.4 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 role or under a part time arrangement.

 

10.3.5 Additional hours

 

(a)       The Employer may request, but not require, a part time employee to work additional hours in excess of their contract hours.

 

(b)       The time worked in excess of the employee’s contract hours and up to the normal fulltime hours for the classification, part time employees shall:

 

(i)       Be paid for additional hours at their hourly rate plus a loading of 1/12th in lieu of annual leave where the employee is entitled to four weeks annual leave, or a loading of 5/47ths in lieu of annual leave where the employee is entitled to five weeks annual leave, or

 

(ii)      If working under a Flexible Working Hours Agreement as provided for in clause 13 of this Award, have the time worked credited as flexible working hours.

 

(c)       For time worked in excess of the fulltime hours of the classification, or outside the bandwidth, payment shall be made at the appropriate overtime rate in accordance with clause 31 in this Award.

 

10.4    Fixed Term Employment

 

10.4.1 A fixed term employee may be engaged for a specified project or period; seasonal work; or for parental leave relief on either a full time or part time basis.

 

10.4.2 A fixed term employee shall be entitled to the same salary and conditions as ongoing employees in the same classification.

 

10.5    Casual employment

 

10.5.1 Rate of pay for Casuals

 

(a)       A casual employee will be engaged and paid on an hourly basis. 

 

(b)       Casuals will be engaged and paid for a minimum of 3 hours for each occasion required to work. 

 

(c)       Engagement on any one occasion, or over a period of time, does not guarantee or give rise to any entitlement to further casual shifts.

 

(d)       When engaged to work casual employees shall be paid the following loading in addition to their rates of pay:

 

Working Time	Loading
Monday to Friday	15%
Saturdays	50%
Sundays	75%
Public holidays	150%

 

(e)       Casual employees shall also receive a 1/12th loading in lieu of annual leave.

 

(f)       The loadings specified in subclause 10.5.1 d) are in recognition of the casual nature of employment and compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

 

10.5.2 Overtime for Casuals

 

(a)       When directed to perform overtime, casual employees shall be paid for hours in excess of 38 hours a week or in excess of 10 hours on any one day.

 

(b)       If you are directed to work overtime you will be paid the following rates of pay:

 

Overtime worked	Loading in addition to the ordinary rate of pay
Monday to Friday (first 2 hours)	50%
Monday to Friday (after first 2 hours)	100%
Saturdays (first 2 hours)	50%
Saturdays (after first 2 hours)	100%
Sundays	100%
Public holidays	150%

 

(c)       Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in subclause 10.5.1 d).

 

(d)       The loading in lieu of annual leave as set out in subparagraph 10.5.1(e) is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

10.5.3 Leave for Casuals

 

Other than provided for in this subclause, casual employees are not entitled to any other forms of paid or unpaid leave:

 

(a)       Casual employees will be paid 1/12th in lieu of annual leave as prescribed at subparagraph 10.5.1(e);

 

(b)       Long service leave in accordance with clause 20 of this Award;

 

(c)       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.

 

The Employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this subclause. The rights of an Employer to engage or not to engage a casual employee are otherwise not affected.

 

(d)       Personal Carers entitlement for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member as described in clause 2, Definitions, 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 subclause 18.2 of this Award.

 

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

 

(iii)     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.

 

(iv)     The casual employee shall within 2 hours of the commencement of their shift and on the first day or shift of such absence, inform the Employer of their inability to attend for work.

 

(e)       Bereavement entitlements for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member as described in clause 2, Definitions, on production of satisfactory evidence (if required by the Employer).

(ii)      The Employer 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 an 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.

 

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

 

(iv)     The casual employee shall within 2 hours of the commencement of their shift and on the first day or shift of such absence, inform the Employer of their inability to attend for work.

 

10.5.4 Other clauses of this Award

 

The following clauses of the Award do not apply if you are employed as a casual:

 

9	Probationary Period
11	Termination of Employment
13	Flexible Working Hours
14	Leave - General Provisions
15	Annual Leave
16	Annual Leave Loading
17	Sick Leave
18	Carer’s Leave
19	Family and Community Services Leave
21	Parental Leave
22	Military Leave
23	Purchased Leave
24	Leave Without Pay
25	Observance of Essential Religious and Cultural Obligations
26	Other forms of Paid leave
27	Leave for Matters Arising from Domestic Violence
29	Public Holidays
30	Transferred Employees Relocation Costs
31	Overtime
32	Recall to Work
33	On Call Allowance
36	Leave in Lieu (LIL) or Payment for Overtime
41	Remote Locations Living Allowance
46	Trade Union Leave and Activities

 

11.  Termination of Employment

 

11.1    The Employer will not terminate an employee's employment unless:

 

11.1.1 The employee has been given, in writing, the period of notice required by this clause;

 

11.1.2 The employee is guilty of serious misconduct; or

 

11.1.3 All relevant legislative provisions have been complied with.

 

11.2    The required period of notice by the Employer will be:

 

Employee's Continuous Service with the Employer	Period of Notice
Not more than 1 year	1 week
More than 1 year and up to but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

 

11.3    Employees over 45 years of age who have more than 2 years of continuous service will be provided with an additional one (1) week's notice.

 

11.4    The Employer may require the employee to work for all or part of the notice period, with any remainder of the notice period to be paid out.

 

11.5    Employees may terminate their employment by giving notice in writing in accordance with the table in subclause 11.2 above, or by forfeiting salary in lieu of notice.

 

11.6    Where the Employer has given notice of termination to an employee, the employee will be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the Employer.

 

11.7    Upon termination of employment an employee must return any of the Employer’s property including equipment, manuals, telephones, radios, security keys, uniforms, and identification in their possession or control.

 

11.8    Nothing in this clause shall affect the ability of the Employer to terminate the employment of an employee at any time, without notice, for serious misconduct.

 

12.  Hours of Work

 

12.1    The ordinary hours of work shall be 38 hours per week Monday to Friday.

 

12.2    No employee shall be required to work more than five consecutive hours without a meal break.

 

12.3    Meal breaks must be given to and taken by employees. Employees shall be entitled to an unpaid meal break of not less than 30 minutes duration or longer by agreement between the Employer and employee.

 

12.4    The ordinary hours working arrangement shall be 7.6 hours per day with starting and finishing times by agreement between the Employer and the employee or on the basis of working in accordance with a Flexible Working Hours Agreement as provided for in clause 13 of this Award.

 

13.  Flexible Working Hours

 

13.1    The parties to this Award may enter into an Agreement for flexible working hours to apply to employees covered by this Award.

 

13.2    Any Agreement provided for in subclause 13.1 shall be linked to the Department of Trade and Investment, Regional Infrastructure and Services Flexible Working Hours Agreement (FWHA) and as such will vary in accordance with the same variations and operative dates that apply to the Trade & Investment FWHA.

 

13.3    In the absence of a Flexible Working Hours Agreement, the Flexible Working Hours conditions that are provided for in clause 21 of the Crown Employees (Public Sector Conditions of Employment) Reviewed Award 2009, or its replacement, shall apply.

 

14.  Leave - General Provisions

 

14.1    An application by an employee for leave under this clause shall be made to and dealt with by the Employer.

 

14.2    The Employer, in dealing with any such application, shall have regard to the business and operational requirements, but as far as practical shall deal with the application in accordance with the wishes of the employee.

 

14.3    All leave will be calculated in a minimum of one minute units.

 

14.4    Part time employees will receive paid leave provisions of this Award on a pro rata basis, calculated according to the number of contracted hours worked per week.

 

14.5    A fixed term employee is eligible to take a period of approved leave during the current period of employment.

 

14.6    Where paid and unpaid leave is available to be granted in terms of this Award, paid leave shall be taken before unpaid leave.

 

14.7    Leave to Count for Incremental Purposes.

The following types of paid leave are regarded as service for incremental purposes:

 

Annual leave;

 

Sick leave;

 

Family and community service leave;

 

Long service leave, full-pay, double-pay and half-pay;

 

Parental leave, full-pay and half-pay; other paid parental leave;

 

Purchased Leave at the negotiated purchase leave rate;

 

Leave without pay totalling five days or less in the incremental period;

 

Any period of leave without pay where used for the purposes of part time service with the Defence Forces; to represent Australia or NSW in amateur sport; workers' compensation or transport strikes;

 

Sick leave without pay;

 

Other forms of paid leave.

 

14.8    Leave to count for leave accrual purposes. 

 

The following types of paid leave are regarded as service for leave accrual purposes:

 

Annual leave;

 

Sick leave;

 

Sick leave without pay;

 

Family and community service leave;

 

Personal/carers leave;

 

Long service leave at full-pay;

 

Long service leave taken on half-pay counts as full time service for all purposes except for recreation (annual) leave, which accrues at half the rate;

 

Long service leave taken on double-pay counts as full time service for all purposes except for recreation (annual) leave, which accrues at single-time rate;

 

Paid parental leave at full-pay;

 

Paid parental leave at half-pay accrues all leave at half the rate;

 

Unpaid parental leave does not count as service for determining any leave entitlement, except for long service leave when at least ten years of service has been completed and unpaid maternity leave does not exceed six months;

 

Short paid other parent leave at full-pay;

 

Short paid other parent leave at half-pay, which accrues all leave at half the rate;

 

Purchased leave at the negotiated purchased leave rate of pay;

 

Leave without pay totalling five days or less in the incremental period;

 

Other forms of paid leave.

 

15.  Annual Leave

 

15.1    Subject to this clause, annual leave is in accordance with the Annual Holidays Act 1944.

 

15.2    Employees are entitled to 4 weeks annual leave each year, which accrues from day to day on a pro-rata basis over a 12 month period.

 

15.3    An employee who takes unpaid parental leave in accordance with this Award is entitled to take annual leave on half pay at the same time.

 

15.4    Death - Where an employee dies, the monetary value of annual leave accrued and remaining untaken as at the date of death, shall be paid to the employee’s nominated beneficiary.

 

15.5    Limits on accumulation and direction to take leave:

 

15.5.1 Employees must take at least two consecutive weeks of annual leave every 12 months, except by agreement with the Agency Head in special circumstances.

 

15.5.2 Where operational requirements permit, the application for leave shall be dealt with by the Employer according to the wishes of the employee.

 

15.5.3 The Employer shall notify the employee in writing when accrued annual leave reaches 6 weeks or its hourly equivalent and at the same time may direct an employee to take at least 2 weeks annual leave within 3 months of the notification at a time convenient to the Employer.

 

15.5.4 The Employer shall notify the employee in writing when accrued annual leave reaches 8 weeks or its hourly equivalent and direct the employee to take at least 2 weeks annual leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Employer.

 

15.5.5 An employee must take their annual leave to reduce all balances below 8 weeks or its hourly equivalent, and the Employer must cooperate in this process. 

 

15.6    Conservation of Leave:

 

If the Employer is satisfied that an employee is prevented by operational or personal reasons from taking sufficient annual leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Employer shall: -

 

15.6.1 Specify in writing the period of time during which the excess shall be conserved; and

 

15.6.2 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.

 

15.7    Annual leave does not accrue during leave without pay, other than:

 

15.7.1 Military leave taken without pay when paid military leave entitlements are exhausted;

 

15.7.2 Absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

15.7.3 Any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

15.7.4 Incapacity for which compensation is authorised under the Workplace Injury Management and Workers Compensation Act 1998 and Workers Compensation Act 1987; or

 

15.7.5 Periods which when aggregated, do not exceed 5 working days in any period of 12 months. 

 

15.8    An employee who is stationed indefinitely in a remote area of the State, being the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 before its repeal, accrues additional annual leave at the rate of 5 days per annum.

 

15.9    Additional compensation for rostered work performed by shift workers on Sundays and Public Holidays.

 

Shift workers who are rostered to work their ordinary hours on Sundays and/or Public Holidays during the period 1 December of one year to 30 November, of the following year, or part thereof, shall be entitled to receive additional annual leave as provided for in subclause 49.7 of this Award.

 

15.10  An employee entitled to additional annual leave under subclauses 15.8 and 15.9 of this clause, or under subclause 49.7, Shift Work, of this Award can elect at any time to cash out the additional annual leave.

 

16.  Annual Leave Loading

 

16.1    Employees will receive, in addition to payment for annual leave, a leave loading of 17.5% of the monetary value of up to 4 weeks annual leave accrued in a Leave Year calculated on their salary.

 

16.2    The annual leave loading shall be paid to employees subject to the following conditions:

 

16.2.1 The full entitlement to the loading on annual leave that an employee has accrued over the previous Leave Year will be paid on the first occasion after 1 December in any year an employee takes sufficient leave to permit them to be absent from work for at least two consecutive weeks annual leave. The loading will apply only to leave accrued in the year ending on the preceding 30 November, up to a maximum of four weeks.

 

16.2.2 In the event of no such absence occurring by 30 November of the following year, an employee will be paid the monetary value of the annual leave loading payable on leave accrued as at 30 November of the previous Leave Year in a pay following 30 November.

 

16.2.3 On cessation of employment, other than termination by the Employer for serious and intentional misconduct, an employee who has not taken annual leave qualifying them for payment of the annual leave loading since the preceding 1 December shall be paid the loading, which would have been payable had such leave been taken.

 

16.2.4 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

16.3    As compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the lower.

 

16.4    Shift workers - Shift workers proceeding on annual leave are eligible to receive the more favourable of:

 

16.4.1 The shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on annual leave; or

 

16.4.2 17½% annual leave loading.

 

17.  Sick Leave

 

17.1    An employee is entitled to take paid accrued sick leave in accordance with this clause.

 

17.2    Sick leave accrues at the rate of 15 days each calendar year, and any such accrued leave, which is not taken, is cumulative.

 

17.3    During the first 4 months of employment, an employee can access up to 5 days paid sick leave even though that leave has not yet accrued.

 

17.4    An employee is required to provide evidence of illness from a registered medical practitioner when sick leave exceeds two consecutive days.

 

17.4.1 The reference to medical practitioner in subclause 17.4 shall be; up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or,

 

17.4.2 at the Employer’s discretion, another registered health services provider.

 

17.4.3 at the Employer’s discretion, other forms of evidence that satisfy that an employee had a genuine illness.

 

17.5    Subject to 17.4 and any restrictions imposed as a result of unsatisfactory attendance, employees are entitled to take a total of 5 instances of sick leave due to illness in any one calendar year without the provision of evidence of illness, after which all leave requires evidence of illness from a registered medical practitioner.

 

17.6    Sick leave without pay shall count as service for the accrual of paid sick leave and annual leave. In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

18.  Carer’s Leave

 

Where family and community service leave provided for in clause 19 of this Award is exhausted or unavailable, an employee with responsibilities in relation to a family member as provided for in clause 2 Definitions who needs the employee's care and support, may elect to use available paid sick leave, when a family member is ill subject to the following:

 

18.1    The sick leave shall initially be taken from the sick leave accumulated over the previous 3 years. In special circumstances, the Employer may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

18.2    If required by the Employer to establish the illness and/or the need for care of the family member concerned, the employee must provide evidence, as required under subclause 17.4, from a registered medical practitioner.

 

19.  Family and Community Service Leave

 

19.1    The Employer shall grant to an employee some, or all of their accrued family and community service leave (FACSL) on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause 19.2 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.

 

19.2    Such unplanned and emergency situations may include, but not be limited to, the following:

 

19.2.1 Compassionate grounds - such as the death or illness of a family member as defined in clause 2 definitions;

 

19.2.2 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;

 

19.2.3 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 work;

 

19.2.4 Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

19.2.5 Attendance at court by an employee to answer a charge for a criminal offence, only if the Employer considers the granting of family and community service leave to be appropriate in a particular case;

 

19.2.6 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 role of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council.

 

19.3    The maximum amount of FACSL that an employee will be granted at ordinary rates is:

 

19.3.1 Two and a half days in the first 12 months of service; or

 

19.3.2 Five days in any period of two years after the first 12 months of service; or

 

19.3.3 One day for each completed year of service, less the total amount of any FACSL already taken by the employee, whichever is the greater.

 

19.4    If available FACSL is exhausted, on the death of a Family Member or relative, additional paid FACSL of up to 2 days may be granted on a discrete, per occasion basis to an employee.

 

20.  Long Service Leave

 

20.1    General

 

Long Service Leave for employees will accrue and be granted in accordance with the Extended Leave provisions of Schedule 1 and Schedule 2 of the Government Sector Employment Regulation 2014.

 

20.2    Long Service Leave (LSL) Entitlements

 

20.2.1 An employee who has completed 10 years of continuous service with the Employer is entitled to LSL of:

 

44 working days at full pay, or

 

88 working days at half pay, or

 

22 working days at double pay.

 

20.2.2 For each additional calendar year of service completed in excess of 10 years, employees accrue 11 working days LSL.

 

20.2.3 Entitlement to leave if employment terminated in special circumstances.

 

(a)       An employee with at least 5 years' service but less than 7 years' service whose employment is terminated:

(i)       by the employee, for reasons of illness, incapacity or domestic or other pressing necessity, or

 

(ii)      by the Employer for reasons other than serious and intentional misconduct.

 

(b)       The employee is entitled to:

 

(i)       for 5 years' service, one month's leave on full pay, and

 

(ii)      for further service in excess of 5 years, additional leave proportionate to the employee’s length of service (up to but not including 7 years) calculated at the rate of 3 months leave for 15 years' service.

 

20.2.4 Employees who have completed at least 7 years of continuous service with the Employer, or as recognised in accordance with Schedule 1 of the Government Sector Employment Regulation 2014, are entitled to access the LSL accrual indicated in paragraph 20.2.1 above on a pro rata basis of 4.4 working days per completed year of service.

 

20.2.5 Employees who are employed part time are entitled to LSL on the same basis as that applying to a fulltime employee but payment for the leave is calculated on a pro rata basis.

 

21.  Parental Leave

 

21.1    Parental leave includes maternity, adoption and other parent leave.

 

21.2    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:

 

21.2.1 For a period up to 9 weeks prior to the expected date of birth; and

 

21.2.2 For a further period of up to 12 months after the actual date of birth.

 

21.2.3 An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

21.3    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:

 

21.3.1 For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

21.3.2 For such period, not exceeding 12 months on a full-time basis, as the Employer may determine, if the child has commenced school at the date of the taking of custody.

 

21.4    Special Adoption Leave - An employee shall be entitled to unpaid adoption leave for up to 2 days to attend interviews or examinations for the purposes of adoption. Adoption leave may be taken as a charge against annual leave, long service leave, flexitime or family and community service leave.

 

21.5    Other Parent Leave - Where maternity or adoption leave does not apply, "other parent" leave is available to male and female employees who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

21.5.1 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;

 

21.5.2 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 21.5.1 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.

 

21.6    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:

 

21.6.1 Applied for parental leave within the time and in the manner determined set out in subclause 21.10 of this clause; and

 

21.6.2 Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

21.6.3 Payment for the parental (i.e. 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.

 

21.7    Payment for parental leave is at the rate applicable when the leave is taken. An employee holding a fulltime role who is on part time leave without pay when they start parental leave is paid:

 

21.7.1 At the fulltime rate if they began part time leave 40 weeks or less before starting parental leave;

 

21.7.2 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;

 

21.7.3 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.

 

21.7.4 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:

 

21.7.5 At the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

21.7.6 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

 

21.7.7 At a rate based on the hours worked prior to the subsequent period of leave where the employee has not reduced their hours.

 

21.8    Except as provided in subclause 21.6 of this clause parental leave shall be granted without pay.

 

21.9    Right to request - An employee who has been granted parental leave in accordance with subclause 21.2, 21.3 or 21.5 of this clause may make a request to the Employer to:

 

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

 

21.9.2 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.

 

21.9.3 The Employer 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 Employer’s business.  Such grounds might include cost, lack of adequate replacement employees, loss of efficiency and the impact on customer service.

 

21.10  Notification Requirements

 

21.10.1           When the Employer is made aware that an employee or their spouse is pregnant or is adopting a child, the Employer must inform the employee of their entitlements and their obligations under the Award.

 

21.10.2           An employee who wishes to take parental leave must notify the Employer 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 21.9 of this clause.

 

21.10.3           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.

 

21.10.4           Employee’s request and the Employer’s decision to be in writing

 

The employee’s request under subclause 21.9 and the Employer’s decision made under subclause 21.10 must be recorded in writing.

 

21.10.5           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 Employer 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 Employer agrees.

 

21.10.6           An employee on maternity leave is to notify her Employer of the date on which she gave birth as soon as she can conveniently do so.

 

21.10.7           An employee must notify the Employer as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

21.10.8           An employee on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Employer and any number of times with the consent of the Employer.  In each case she/he must give the Employer at least 14 days’ notice of the change unless the Employer decides otherwise.

 

21.10.9           An employee has the right to her/his former role if she/he has taken approved leave or part time work in accordance with subclause 21.9 of this clause, and she/he resumes work immediately after the approved leave or work on a part time basis.

 

21.10.10         If the role occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other roles available that the employee is qualified for and is capable of performing, the employee shall be assigned to a role of the same grade and classification as the employee’s former role.

 

21.10.11         An employee does not have a right to her/his former role during a period of return to work on a part time basis. If the Employer approves a return to work on a part time basis then the role occupied is to be at the same classification and grade as the former role.

 

21.10.12         An employee who has returned to full time work 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 Employer) must be given.

 

21.10.13         An employee who is sick during her pregnancy may take available paid sick leave or accrued recreation or long service leave or sick leave without pay. An employee may apply for accrued annual leave, long service 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.

 

21.10.14         An employee may elect to take available annual leave or long service leave within the period of parental leave provided this does not extend the total period of such leave.

 

21.11  An employee may elect to take available annual leave at half pay in conjunction with parental leave provided that:

 

21.11.1           Accrued annual leave at the date leave commences is exhausted within the period of parental leave;

 

21.11.2           The total period of parental leave is not extended by the taking of annual leave at half pay;

 

21.11.3           When calculating other leave accruing during the period of annual leave at half pay, the annual 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.

 

21.12  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 Employer, 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.

 

21.13  If such adjustments cannot reasonably be made, the Employer 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.

 

21.14  Communication during parental leave

 

21.14.1           Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer 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 role 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 role the employee held before commencing parental leave.

 

21.14.2           The employee shall take reasonable steps to inform the Employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part time basis.

 

21.14.3           The employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with this subclause 21.14.

 

22.  Military Leave

 

22.1    During the period of 12 months commencing on 1 July each year, the Employer may grant to an employee who is a volunteer part time member of the Defence Forces, 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.

 

22.2    Up to 24 working days military leave per financial year shall be granted by the Employer 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 22.1 of this clause.

 

22.3    The Employer may grant an employee paid leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Forces.

 

22.4    An employee who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 22.2 of this clause may be granted Military Leave Top Up Pay by the Employer.

 

22.5    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.

 

22.6    During a period of Military Leave Top up Pay, an employee will continue to accrue sick leave, annual and long service leave entitlements, and the Employer will continue to make superannuation contributions at the normal rate.

 

22.7    At the expiration of military leave in accordance with subclause 22.2 or 22.3 of this clause, the employee shall furnish to the Employer a certificate of attendance and details of the employee’s reservist pay signed by the commanding officer or other responsible officer.

 

23.  Purchased Leave

 

23.1    An employee may apply to enter into a Purchased Leave Agreement with the Employer to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

 

23.2    Each application will be considered subject to operational requirements and personal needs and will take into account business needs and work demands.

 

23.3    The leave must be taken within the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.

 

23.4    The leave will count as service for all purposes.

 

23.5    The purchased leave will be funded through the reduction in the employee's ordinary rate of pay:

 

23.5.1 Purchased leave rate means the rate of pay the employee receives when their ordinary rate has been reduced to cover the cost of purchased leave.

23.5.2 To calculate the purchased leave rate of pay, the employees ordinary rate of pay will be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.

 

23.6    Purchased leave is subject to the following provisions:

 

23.6.1 The purchased leave cannot be accrued and the dollar value of unused leave will be refunded where it has not been taken in the 12 month Purchased Leave Agreement period.

 

23.6.2 All other leave taken during the 12 month Purchased Leave Agreement period i.e. including sick leave, annual leave, long service leave or leave in lieu, will be paid at the purchased leave rate of pay.

 

23.6.3 Sick leave cannot be taken during a time when purchased leave is being taken.

 

23.6.4 The purchased leave rate of pay will be the salary for all purposes including superannuation and shift loadings.

 

23.6.5 Overtime and salary related allowances not paid during periods of annual leave will be calculated using the employee's hourly rate based on the ordinary rate of pay.

 

23.6.6 A higher duties payment will not be paid when purchased leave is being taken.

 

23.7    Specific conditions governing purchased leave may be amended from time to time by the Employer in consultation with the Union parties.

 

24.  Leave Without Pay

 

24.1    The Employer may grant leave without pay to an employee if good and sufficient reason is shown.

 

24.2    Where an employee is granted LWOP, 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 annual leave. 

 

24.3    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.

 

24.4    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.

 

25.  Observance of Essential Religious and Cultural Obligations

 

25.1    Provided adequate notice as to the need for leave is given by an employee to the Employer and it is operationally convenient to release the employee from duty, the Employer must grant the leave applied for by the employee for the following:

 

25.1.1 Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

25.1.2 Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations,

 

25.2    Annual, Long Service Leave, flex leave or Leave Without Pay may be utilised to observe the obligations.

 

26.  Other Forms of Paid Leave

 

26.1    Jury Service

 

26.1.1 An employee shall, as soon as possible, notify the Employer of the details of any jury summons served on the employee.

 

26.1.2 An employee who attends court in answer to a jury summons shall, upon return to work after discharge from jury service, provide to the Employer any certificate of attendance issued by the Sheriff or by the Registrar of the Court giving particulars of attendance(s) by the employee and the details of any payment made to the employee in respect of any such period.

 

26.1.3 In respect of any period during which an employee was required to be at work the employee shall receive:

 

(a)       Paid leave on ordinary pay where the employee has provided to the Employer a certificate of attendance and pays the attendance fees to the Employer. The employee may retain out of pocket expenses; or

 

(b)       In any other case, at the election of the employee either annual leave on full pay; or leave without pay, if the employee retains the attendance fees.

 

26.2    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 at work. 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 Employer.

 

26.3    Witness at Court - Crown Witness

 

26.3.1 An employee who is subpoenaed or called as a witness by the Crown (Commonwealth or State) will be granted paid leave for the time they attend Court, provided the employee provides proof of allowable fees and out of pocket expenses associated with the court attendance when submitting their leave application. If the employee chooses to retain the fees paid, leave such as LWOP, flex leave or annual leave must be taken.

 

26.3.2 An employee subpoenaed or called as a witness in a private capacity other than by the Crown (Commonwealth or State) is not eligible for paid leave and must apply for other forms of leave such as LWOP, flex leave or annual leave.

 

26.4    NAIDOC Day

 

An employee who identifies as an Indigenous Australian shall be granted up to one day paid leave per year to observe National Aboriginal 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, provided the employee provides reasonable notice to the Employer.

 

26.5    Domestic Violence

 

When the leave entitlements referred to in clause 27, Leave for Matters Arising from Domestic Violence, have been exhausted, the Employer shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from Domestic Violence situations. Documentation proving the occurrence of domestic violence is required and may be issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

26.6    Sport

 

Family and Community Services Leave may be granted for 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.

 

26.7    Emergency Services

 

26.7.1 Employees who volunteer may be granted leave to attend emergencies declared in accordance with the relevant legislation or announced by the Governor. Employees must notify the Employer of the request for State Emergency leave as soon as possible supported by evidence in writing of their attendance as a volunteer at the emergency.

 

26.7.2 Where an employee is required to attend a course approved by the Rural Fire Service, the employee will be granted up to 10 days paid leave per year, subject to operational convenience. Proof of course attendance and completion is required.

 

26.7.3 Where an employee is required to attend a course required by the State Emergency Services (SES), the employee will be granted paid leave for the duration of the course, provided the SES advises the Employer that the employee is required to attend. Proof of course attendance and completion is required.

 

26.7.4 Employees may be granted an additional 1 day of paid leave for rest when they attend a declared emergency for several days as an SES or RFS volunteer.

 

27.  Leave for Matters Arising from Domestic Violence

 

27.1    Leave entitlements provided for in clauses 17, Sick Leave and 18, Carer's Leave and 19, Family and Community Service Leave, may be used by employees experiencing Domestic Violence.

 

27.2    Where the leave entitlements referred to in subclause 27.1 above are exhausted, the Employer shall grant paid leave in accordance with subclause 26.5 of this Award.

 

27.3    The Employer will need to be satisfied, on reasonable grounds that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

27.4    Personal information concerning domestic violence will be kept confidential by the Employer.

 

27.5    The Employer, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working time and changes to work location, telephone number and email address.

 

28.  Lactation Breaks

 

28.1    This clause 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.

 

28.2    An ongoing fulltime employee or ongoing 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.

 

28.3    An ongoing 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.

 

28.4    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 is not exceeded.  When giving consideration to any such requests for flexibility, a manager needs to balance the operational requirements of the organisation with the lactating needs of the employee.

 

28.5    The Employer shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

28.6    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 attempt to identify reasonable alternative arrangements for the employee's lactation needs.

 

28.7    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.

 

28.8    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 17, Sick Leave, of this Award, or access to a flexible working hours scheme provided for in clause 13, Flexible Working Hours, of this Award, where applicable.

 

29.  Public Holidays

 

29.1    Unless directed to attend for duty by the Employer, an employee is entitled to be absent from duty without loss of pay on any day which is:

 

29.1.1 A public holiday throughout the State; or

 

29.1.2 A local holiday in that part of the State at or from which the employee performs duty; or

 

29.1.3 A day between Boxing Day and New Year's Day determined by the Employer as a public holiday.

 

29.2    An employee required by the Employer 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.

 

29.3    If a local holiday falls during an employee’s absence on leave, the employee is not to be credited with the holiday.

 

30.  Transferred Employees Relocation Costs

 

30.1    The Employer will offer a relocation package to employees whose roles are relocated to another work location by the Employer and where it requires the employee to relocate their principal place of residence from one town or part of the state to another. 

 

30.2    A relocation package will be in accord with the Crown Employees (Transferred Employees Compensation) Award 2009 or an Award replacing that Award.

 

31.  Overtime

 

31.1    General

 

An employee may be directed by the Employer 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:

 

31.1.1 The employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements;

 

31.1.2 Any risk to the employee’s health and safety;

 

31.1.3 The urgency of the work required to be performed during overtime, the impact on the operational commitments of the LLS and the effect on client services;

 

31.1.4 The notice (if any) given by the Employer regarding the working of the overtime, and by the employee of their intention to refuse overtime; or

 

31.1.5 Any other relevant matter.

 

31.2    Payment for overtime shall be made only where the employee works directed overtime.

 

31.3    Subject to clause 13, Flexible Working Hours, overtime shall be deemed as the hours directed to be worked before 7.30am, or after 6.00pm, provided that, on the day when overtime is required to be performed, the employee shall not be required by the Employer to work more than 7.6 hours after finishing overtime or before commencing overtime.

 

31.4    If an employee is compensated for overtime through any other arrangement, the employee is not entitled to the provisions in this clause.

 

31.5    The minimum payment in terms of subclause 31.7, Overtime Rates applies, overtime shall not be less than a quarter of an hour.

 

31.6    Overtime is not payable for time spent travelling.

 

31.7    Overtime Rates

 

31.7.1 The provisions of this clause shall not apply to shift workers. Overtime provisions for shift workers are set out in clause 50 of this Award.

 

31.7.2 Rates - Overtime shall be paid at the following rates:

 

(a)       Weekdays (Monday to Friday inclusive) - At the rate of time and one-half for the first two hours and double time thereafter for all directed overtime worked outside the employee’s ordinary hours of work, if working standard hours, or in accordance with a Flexible Working Hours Agreement as provided for in clause 13 of this Award.

 

(b)       Saturday - All overtime worked on a Saturday at the rate of time and one half for the first two hours and double time thereafter.

 

(c)       Sundays - All overtime worked on a Sunday at the rate of double time.

 

(d)       Public Holidays - All time worked on a public holiday at the rate of double time and one half.

 

(e)       An employee whose salary, or salary and allowance in the nature of salary, exceeds the rate for LLS Level 6.5, as varied from time to time, shall be paid for working directed overtime at the rate for LLS Level 6.5, plus $1.00, unless the Employer approves payment for directed overtime at the employee’s salary or, where applicable, salary and allowance in the nature of salary.

 

31.8    If an employee is absent from work 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.

 

31.9    An employee who works overtime on a Monday to Friday inclusive, shall be paid a minimum payment of one quarter of one hour at the appropriate rate.

 

31.10  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.

 

31.11  Rest Periods:

 

31.11.1           An employee who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

31.11.2           Where an employee, at the direction of the Employer, resumes or continues working without having had eight (8) consecutive hours off work, then the employee shall be paid at the appropriate overtime rate until released from work for eight hours. The employee will then be entitled to eight (8) consecutive hours off work and shall be paid for the ordinary working time occurring during the absence.

 

32.  Recall to Work

 

32.1    An employee recalled to work overtime after leaving the Employer’s premises shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

 

32.2    The employee shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

 

32.3    When an employee returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlaps into the next call-out period, payment shall be calculated from the commencement of the first recall until either the end of the employees attendance at work or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

 

32.4    When an employee returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the employee was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

 

32.5    A recall to work commences when the employee starts work and terminates when the work is completed. A recall to work does not include time spent travelling to and from the place at which work is to be undertaken.

 

32.6    An employee recalled to work within three (3) hours of the commencement of usual hours of work shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

32.7    This clause shall not apply in cases where it is customary for an employee to return to the Employer’s premises to perform a specific job outside the employee’s ordinary hours of work, or where overtime is continuous with the completion or commencement of ordinary hours of work. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

 

33.  On-Call Allowance

 

33.1    When required to be on call, an employee shall be:

 

33.1.1 Paid an allowance as set out in Item 1 of Table 1 of Schedule B;

 

33.1.2 Available outside of ordinary working hours;

 

33.1.3 Able to be contacted immediately;

 

33.1.4 Respond to an emergency/breakdown situation in a reasonable time agreed with the Employer; and

 

33.1.5 In a fit state, free of the effects of alcohol or drugs.

 

33.2    If an employee who is on call and is called out by the Employer, the overtime provisions as set out in subclause 31.7 Overtime Rates or overtime worked by shift workers as set out in clause 50, whichever is appropriate shall apply to time worked;

 

33.3    Where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

34.  Overtime Meal Breaks

 

34.1    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 work on weekdays, shall be allowed 30 minutes for a meal break and thereafter, 30 minutes for a meal break after every five hours of overtime worked.

 

34.2    Employees working flexible hours - An employee required to work overtime on weekdays beyond 6.00 pm and until or beyond eight and a half hours after commencing work plus the time taken for lunch, shall be allowed 30 minutes for a meal break and thereafter, 30 minutes for a meal break after every five hours of overtime worked.

 

34.3    Employees generally - An employee required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal break 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.

 

35.  Overtime Meal Allowances

 

Employees required to work overtime for an hour and a half or more immediately after their finishing time, without being given 24 hours’ notice beforehand of the requirement to work overtime, will either be supplied with a meal by the Employer, or be paid the amount as set out at Item 10 of Table 2 of Schedule B for the first and for each subsequent meal occurring every 4 hours thereafter. If not required to work overtime, after having been so notified, payment will still be made for the meals.

 

36.  Leave In Lieu (LIL) Or Payment for Overtime

 

36.1    The Employer 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 at the overtime rate in accordance with subclause 31.7 of this Award.

 

36.2    This leave shall be taken within three months of the overtime worked subject to organisational convenience except where it is being used to look after a sick family member. The leave shall be taken in multiples of a quarter of a day. If leave in lieu is not taken within three months the overtime will be paid and the leave in lieu cancelled.

 

37.  Travelling Expenses

 

37.1    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 Employer.

 

37.2    The Employer shall require employees to obtain an authorisation for all official travel prior to incurring any travel expense.

 

37.3    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.

 

37.4    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.

 

37.5    The Employer 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.

 

37.6    Subject to subclause 37.14 of this clause, an employee who is required by the Employer 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.

 

37.7    If meals are provided by the Employer at the temporary work location, the employee shall not be entitled to claim the meal allowance.

 

37.8    For the first 35 days, the payment shall be:

 

37.8.1 Where the Employer elects to pay the accommodation provider the employee shall receive:

 

(a)       The appropriate meal allowance in accordance with the prevailing ATO ruling, and

 

(b)       Incidentals as set out in the prevailing ATO ruling, and

 

(c)       Actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel;

 

37.8.2 Where the Employer 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 subclause, 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 in the prevailing ATO ruling.

 

37.9    Payment of the appropriate allowance for an absence of less than 24 hours may be made only where the employee satisfies the Employer that, despite the period of absence being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred.

 

37.10  Where an employee is unable to so satisfy the Employer, the allowance payable for part days of travel shall be limited to the expenses incurred during such part day travel.

 

37.11  After the first 35 days - If an employee is required by the Employer to work in the same temporary work location for more than 35 days, such employee shall be paid the appropriate rate of allowance of 50% of the appropriate location rate as set out in the prevailing ATO ruling.

 

37.12  Long term arrangements - As an alternative to the provisions after the first 35 days set out in subclause 37.11 of this clause, the Employer could make alternative arrangements for meeting the additional living expenses, properly and reasonably incurred by an employee working from a temporary work location.

 

37.13  The return of an employee to their home at weekends or during short periods of leave while working from a temporary work location shall not constitute a break in the temporary work arrangement.

 

37.14  This clause does not apply to employees who are on an employee-initiated transfer or secondment in accordance with section 64 of the Act. 

38.  Excess Travelling Time

 

38.1    Excess Travelling Time - An employee directed by the Employer to travel on official business outside a flexitime bandwidth if working under a Flexible Working Hours Agreement or usual hours of work, for employees working standard hours, to perform work at a location other than normal headquarters or place of work, at the Employer’s discretion, will be compensated for such time either by:

 

38.1.1 Payment calculated in accordance with the provisions contained in this clause or

 

38.1.2 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 Employer.

 

38.2    Compensation shall be subject to the following conditions:

 

38.2.1 On a non-working day - subject to the provisions of paragraphs 38.3.4, 38.3.5 and 38.3.6 of this clause, all time spent travelling on official business;

 

38.2.2 On a working day - subject to the provisions of subclause 38.3 of this clause, all time spent travelling on official business outside a flexitime bandwidth if working under a Flexible working Hours Agreement or usual hours of work, for employees working standard hours provided the period for which compensation is being sought is more than a half an hour on any one day.

 

38.3    Compensation for excess travelling time shall exclude the following:

 

38.3.1 Time normally taken for the periodic journey from home to headquarters and return;

 

38.3.2 Any periods of excess travel of less than 30 minutes on any one day;

 

38.3.3 Travel to new headquarters on permanent transfer, if paid leave has been granted for the day or days on which travel is to be undertaken;

 

38.3.4 Time from 10.00 p.m. on one day to 6.00 a.m. on the following day if sleeping facilities have been provided;

 

38.3.5 Travel not undertaken by the most practical available route and by the most practical and economic means of transport;

 

38.3.6 Working on board ship where meals and accommodation are provided;

 

38.3.7 Time within the flex time bandwidth if working under a Flexible Working Hours Agreement as provided for in clause 13 of this Award;

 

38.3.8 Travel overseas.

 

38.4    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.

 

38.5    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.

 

38.6    Employees whose salary is in excess of the rate for LLS Level 5.4 shall be paid travelling time or waiting time calculated at the rate for LLS Level 5.4, plus $1.00 as adjusted from time to time.

 

38.7    Time off in lieu or payment for excess travelling time or waiting time will not be approved for more than eight hours in any period of 24 consecutive hours.

 

39.  Business Usage of Private Motor Vehicle

 

39.1    The Employer may authorise an employee to use a private motor vehicle for work where:

 

39.1.1 Such use will result in greater efficiency or involve the LLS in less expense than if travel were undertaken by other means; or

 

39.1.2 Where the employee is unable to use other means of transport due to a disability.

 

39.2    An employee who, with the approval of the Employer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in 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 39.4 of this clause.

 

39.3    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.

 

39.3.1 The casual rate is payable if an employee elects, with the approval of the Employer, 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.

 

39.3.2 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.

 

39.4    Deduction from allowance

 

39.4.1 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.

 

39.4.2 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 subclause 39.4.3.

 

39.4.3 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.

 

39.4.4 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.

 

39.4.5 Where a headquarters has been designated per subclause 39.4.3 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.

39.4.6 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 claim shows official use of the vehicle has occurred on one day only in any week. Exemption from the deduction under this subclause is exclusive of, and not in addition to, days referred to in subparagraphs (a), (b) and (c) of this subclause.

 

(e)       When the employee buys a weekly or other periodical rail or bus ticket, provided the Employer 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.

 

39.5    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 Employer.

 

39.6    Expenses such as tolls etc. shall be refunded to employees where the charge was incurred during approved work related travel.

 

39.7    Where an employee tows a trailer or horse-float during travel resulting from approved work activities while using a private vehicle, the employee shall be entitled to an additional allowance as prescribed in Item 7 of Table 2 of Schedule B.

 

40.  Damage to Private Motor Vehicle Used for Work

 

40.1    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 Employer provided:

 

40.1.1 The damage is not due to gross negligence by the employee; and

 

40.1.2 The charges claimed by the employee are not the charges prescribed by the insurer as punitive excess charges.

 

40.2    Provided the damage is not the fault of the employee, the Employer shall reimburse to an employee the costs of repairs to a broken windscreen, if the employee can demonstrate that:

 

40.2.1 The damage was sustained on approved work activities; and

 

40.2.2 The costs cannot be met under the insurance policy due to excess clauses.

 

41.  Remote Locations Living Allowance

 

41.1    An employee shall be paid an allowance for the increased cost of living and the climatic conditions in a remote area, if:

 

41.1.1 Indefinitely stationed and living in a remote area as defined in subclause 41.2 of this clause; or

 

41.1.2 Not indefinitely stationed in a remote area but because of the difficulty in obtaining suitable accommodation compelled to live in a remote area as defined in subclause 41.2 of this clause.

 

41.2    Grade of appropriate allowance payable under this clause shall be determined as follows:

 

41.2.1 Grade A allowances - the appropriate rate shown as Grade A in Item 3 of Table 2 of Schedule B in respect of all locations in an area of the State situated on or to the west of a line starting from the right bank of the Murray River opposite Swan Hill and then passing through the following towns or localities in the following order, namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a place situated in any such town or locality, except as specified in paragraphs 41.2.2 and 41.2.3 of this subclause;

 

41.2.2 Grade B allowances - the appropriate rate shown as Grade B in Item 3 of table 2 of Schedule B; in respect of the towns and localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;

 

41.2.3 Grade C allowances - the appropriate rate shown as Grade C in Item 3 of table 2 of Schedule B in respect of the localities of Fort Grey, Mutawintji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.

 

41.3    The dependant rate for each grade is payable where:

 

41.3.1 The employee has a dependant as defined in subclause 41.4; and

 

41.3.2 The employee’s dependant(s) resides within the area that attracts the remote area allowance; and

 

41.3.3 The employee’s spouse, if also employed in the service of the Crown, is not in receipt of an allowance under this clause, unless each spouse resides at a separate location within the remote area.

 

41.4    For the purposes of this clause dependant is defined as

 

41.4.1 The spouse of the employee (including a de facto spouse);

 

41.4.2 Each child of the employee aged eighteen years or under;

 

41.4.3 Each child of the employee aged more than eighteen years but less than twenty-six years who remains a student in full time education or training at a recognised educational institution, or who is an apprentice; and

 

41.4.4 Any other person who is part of the employee’s household and who is, in the opinion of the Employer, substantially financially dependent on the employee.

 

41.5    Fixed term employees, such as relief staff, who are employed for short periods are not eligible to receive a remote areas allowance.

 

41.6    An employee who is a volunteer part-time member of the Defence Force and receives the remote area allowance at the non-dependant rate is not paid the allowance while on military leave

 

41.7    An employee who is a volunteer part-time member of the Defence Forces and receives the remote area allowance at the dependant rate may continue to receive the allowance at the normal rate for the duration of the military leave provided that:

 

41.7.1 The employee continues in employment; and

 

41.7.2 The dependants continue to reside in the area specified; and

 

41.7.3 Military pay does not exceed the employee’s salary plus the remote areas allowance.

 

If the military salary exceeds the employee’s salary plus the allowance at the dependant rate, the allowance is to be reduced to the non-dependant rate.

 

42.  Other Allowances

 

42.1    Camping Allowance

 

Where the employee is directed to camp, conditions and allowances shall be as follows:

 

42.1.1 Amenities

 

(a)       A permanent solid floor structure, externally cladded and internally lined.

 

(b)       A bed and mattress and pillow.

 

(c)       A lockable door and windows that are fly screened.

 

(d)       Table and chairs.

 

e)        Artificial lighting.

 

(f)       Heating if required.

 

(g)       Shower facilities with hot and cold water.

 

(h)       Toilet facilities that are fly proof.

 

(i)       Kitchen equipped with stove, cooking equipment as required, utensils, storage, sink with water, refrigerator, cleaning equipment and materials for cleaning.

 

(j)       Adequate supplies of fresh drinking water.

 

42.1.2 In the event of there being no permanent structure, the Employer shall provide a caravan with amenities equivalent to those required above.

 

42.1.3 Where the Employer is unable to provide such equipment specified above, with Employer approval the employee shall be:

 

(a)       Reimbursed for the cost of hiring such equipment upon production of receipts; or

 

(b)       Be paid the daily allowance for providing their own equipment as provided for in Item 2 of Table 2 of Schedule B.

 

42.1.4 An employee may provide their own bedding or sleeping bag and be paid the bedding allowance as set out in Item 2 of Table 2 of Schedule B.  Otherwise the Employer shall provide necessary sheets, blankets or sleeping bag.

 

42.1.5 Camping allowance and amounts per day are as set out in Item 1 of table 2 of Schedule B.

 

42.2    Home Office Allowance

 

Where the Employer, by a formal written request, requires an employee to use a space at their home as an office, and requires the employee to spend the majority of their office time in that office, the following conditions will apply:

 

42.2.1 A formal agreement shall be signed by the Employer and the employee before such official use of the space.

 

42.2.2 The Employer will be responsible for providing a desk, chair, cabinet, telephone, computer and other necessary equipment as determined by the Employer.

 

42.2.3 The furniture and equipment provided by the Employer shall remain the property of the Employer.

 

42.2.4 An Allowance per year of an amount set out in Item 4 of Table 2 of Schedule B, payable to the employee on a fortnightly basis in arrears, shall be paid by the Employer on commencement of the use of the room after the agreement has been signed.

 

42.2.5 The amount of the Allowance will increase in accordance with the amount specified in the annual Sydney CPI published by the Australian Bureau of Statistics as at the March quarter.

 

42.2.6 If the agreement is cancelled in writing by either party, no further payments shall be paid by the Employer and no amounts shall be refunded by the employee.

 

42.3    Flying Allowance

 

Where an employee is required by the Employer to work from an in-flight situation the employee shall be paid an allowance as set out in Item 2 of Table 1 of Schedule B.  The flying allowance payable under this subclause shall be in addition to any other entitlement for the time actually spent working in the aircraft.

 

42.4    Horse Allowance

 

If the Employer requests an employee to use his or her own horse for their official duties and the employee agrees, the employee is entitled to be paid an amount as set out in Item 5 of table 2 of Schedule B for each week or part thereof that the horse is used.

 

42.5    Dog Allowance

 

If the Employer requests an employee to use his or her own dog or dogs for their official duties, and the employee agrees, the employee is entitled to be paid an amount as set out in Item 6 of table 2 of Schedule B, for each week or part thereof that the dog is used.

 

43.  Above Level Assignments Allowance

 

43.1    Employees who are authorised by the Employer to perform all the duties of an above level assignment for five or more consecutive days, shall not be paid less than the minimum salary of the higher role.

 

43.2    Where in any one period of an above level assignment of five consecutive days or more the employee does not perform the whole of the duties of the higher role, the employee will be paid a percentage as determined by the Employer of the minimum salary of the higher role.

 

44.  Salary Packaging

 

44.1    For the purposes of this clause "salary" means the salary or rates of pay prescribed in clause 7 or in Table 1 of Schedule A of this Award and any allowances paid to an employee which form part of the employee’s salary for superannuation purposes.

 

44.2    An employee may, by agreement with the Employer, enter into a salary packaging arrangement including salary sacrifice to superannuation where they may convert up to 100% of their salary to other benefits.

 

44.3    Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of salary available to be packaged.

 

44.4    The terms and conditions of the salary packaging arrangement, including the duration as agreed between the employee and the Employer will be provided in a separate written agreement, in accordance with the Employer’s salary packaging guidelines. Such agreement must be made prior to the period of service to which the earnings relate.

 

44.5    Salary packaging must be cost neutral for the Employer. Employees must reimburse the Employer in full for the amount of:

 

44.5.1 Any fringe benefits tax liability arising from a salary packaging arrangement; and

 

44.5.2 Any administrative fees.

 

44.6    Where the employee makes an election to salary package the following payments made by the Employer in relation to an employee shall be calculated by reference to the annual salary which the employee would have been entitled to receive but for the salary packaging arrangement:

 

44.6.1 Superannuation Guarantee Contributions;

 

44.6.2 Any salary-related payment including but not limited to severance payments, allowances and workers compensation payments; and

 

44.6.3 Payments made in relation to accrued leave paid on termination of the employee’s employment or on the death of the employee.

 

SECTION 3 - OTHER MATTERS

 

45.  Consultation Arrangements

 

45.1    The Employer is committed to establishing effective consultation on matters of mutual interest and concern, both formal and informal between the parties to this Award.

 

45.2    A Joint Consultative Committee (JCC) will be established to facilitate communication and discussion between the parties to help establish cooperation and trust. The JCC will provide a forum for the parties to work together when consultation takes place about workplace change, employment related policies and the review and implementation of this Award.

 

46.  Trade Union Leave and Activities

 

46.1    LLS will grant special leave with pay to:

 

46.1.1 Union delegates for undertaking the following activities:

 

(a)       annual or biennial conferences of the delegate’s Union;

 

(b)       meetings of the union executive, committee of management or councils;

 

(c)       annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(d)       attending meetings called by Unions NSW involving the delegate’s Union which requires the attendance of a delegate;

 

(e)       giving evidence before an industrial tribunal as a witness for the delegate’s Union.

 

46.1.2 Union members up to a maximum of 12 days in any two year period for undertaking courses organised and conducted for or by the employee’s Union or a training provider nominated by the employee’s Union;

 

46.1.3 this leave is granted subject to:

 

(a)       LLS’s operational requirements;

 

(b)       the employee’s absence being able to be covered by existing employees;

 

(c)       pay being paid at the ordinary hours rate, that is the base rate of pay excluding extraneous payments such as shift allowances, penalty rates, overtime, overtime in lieu, or other costs;

 

(d)       all travel and associated expenses being met by the employee or the employee’s Union;

 

(e)       the employee’s Union or a nominated training provider confirming the employee’s attendance in writing;

 

(f)       the Union advising LLS in writing, in advance and as soon as the date, time and expected duration of meetings, training or activities are known;

 

46.1.4 LLS will allow the employee reasonable travel time to and from such meetings, conferences and training where special leave applies;

 

46.1.5 LLS will re-credit any flex leave or other leave applied for on the day to which special leave applies;

 

46.2    Subject to operational requirements, Union delegates will be released from the performance of their normal duties and will be regarded as being on duty when required to undertake any of the following activities in their role as delegate:

 

46.2.1 attendance at JCC meetings;

 

46.2.2 attendance at meetings with management requiring an employee to attend in the capacity of Union delegate;

 

46.2.3 attendance at disciplinary or grievance meetings where an employee requires the presence of a Union delegate;

 

46.2.4 giving evidence in court or a similar tribunal on behalf of LLS;

 

46.2.5 presenting information about the Union to new employees inducted at LLS;

 

46.2.6 distributing official information from the delegate’s Union at the workplace provided a minimum of 24 hours' notice is given to LLS management, unless otherwise agreed between LLS and the Union delegate. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

46.3    Where Union delegates are carrying out Union delegate functions as described in subclause 46.2 above, LLS will:

 

46.3.1 allow the Union delegate reasonable preparation time before attending meetings with management;

 

46.3.2 allow for reasonable travel time to and from meetings;

 

46.3.3 meet the approved travel and accommodation costs incurred from meetings called by LLS management;

 

46.3.4 re-credit any flex leave or other leave applied for on the days which on duty Union delegate responsibilities are required;

 

46.3.5 provide delegates with reasonable access to the following facilities for authorised Union activities:

 

(a)       telephone, facsimile, e-mail if available;

 

(b)       access to staff noticeboards for material authorised by the delegate’s Union;

 

(c)       workplace conference or meeting facilities, where available, for meetings with members as agreed with LLS and the delegate’s Union.

 

46.4    LLS and the Union may enter into an on-loan arrangement allowing a Union member to be seconded to the Union. This on-loan arrangement is granted subject to:

 

46.4.1 the employee not working on LLS related matters, unless otherwise agreed in advance with LLS;

 

46.4.2 the Union reimbursing LLS all employee-related costs including salary and on costs such as superannuation, etc. although LLS will continue to be responsible for paying the employee while they are on loan;

 

46.4.3 written agreement being reached with LLS prior to the commencement of the on-loan arrangement including the details of the on-loan arrangement, duration and the cost reimbursement schedule;

 

46.4.4 the on-loan arrangement being kept to a minimum time;

 

46.4.5 any application to extend the on-loan arrangement being made in writing to LLS and agreement reached about the arrangement well in advance of the expiry date of the current arrangement;

 

46.4.6 on-loan arrangements being considered as service with LLS for the purpose of accrual of leave. The Union will advise LLS of any leave taken by the employee while they are on loan;

 

46.4.7 LLS granting the on-loan arrangement at its discretion to an employee on a full time or a part time basis subject to LLS’s operational requirements.

 

47.  Work Environment

 

47.1    Work Health and Safety - The parties to this Award are committed to achieving and maintaining an accident-free and healthy workplace in LSS by:

 

47.1.1 The development of policies and guidelines for the LLS on Work Health, Safety and Rehabilitation;

 

47.1.2 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 in LLS and or/work premises; to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility within LSS to achieve these objectives;

 

47.1.3 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;

 

47.1.4 Developing strategies to assist the rehabilitation of injured employees;

 

47.1.5 Involving the Agency Head in the provisions of paragraph 47.1.1 to 47.1.4 of this subclause.

 

47.2    Equality in employment - The Employer is committed to the achievement of equality in employment and the Award has been drafted to reflect this commitment.

 

47.3    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. The Employer and employees are required to refrain from, or being party to, any form of harassment in the workplace.

 

48.  Anti-Discrimination

 

48.1    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.

 

48.2    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.

 

48.3    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.

 

48.4    Nothing in this clause is to be taken to affect:

 

48.4.1 Any conduct or act which is specifically exempted from anti‑discrimination legislation;

 

48.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

48.4.3 Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;

 

48.4.4 A party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

48.5    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.

 

48.5.1 Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

48.5.2 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."

 

SECTION 4 - CONDITIONS COVERING SHIFTWORKERS

 

49.  Shift Work

 

49.1    Shift Loadings - A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following additional shift loadings for the period of the shift worked:

 

Day - at or after 6am and before 10am	Nil
Afternoon - at or after 10am and before 1pm	10.0%
Afternoon - at or after 1pm and before 4pm	12.5%
Night - at or after 4pm and before 4am	15.0%
Night - at or after 4am and before 6am	10.0%

 

49.2    The loadings specified in subclause 49.1 of this clause shall only apply to shifts worked from Monday to Friday.

 

49.3    Weekends and Public Holidays - For the purpose of this clause any shift, the major portion of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be paid as such.

 

49.4    Saturday Shifts - Shift workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday which is not a public holiday, shall be paid for such shifts at ordinary time and one half.

 

49.5    Sunday Shifts - Shift workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a public holiday, shall be paid for such shifts at ordinary time and three quarters.

 

49.6    Public Holidays - the following shall apply:

 

49.6.1 Where a shift worker is required to and does work on a Public Holiday, the shift worker shall be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or shift allowances which would have been payable if the day had not been a Public Holiday;

 

49.6.2 A shift worker rostered off work on a Public Holiday shall elect to be paid one day’s pay for that Public Holiday or to have one day added to his/her annual holidays for each such day.

 

49.7    Shift Workers Additional leave shall be granted on the following basis:

 

The number of ordinary shifts worked on Sunday and/or Public Holiday during a qualifying period of 12 months from 1 December one year to 30 November the next year	Additional leave
4-10	1 additional day
11-17	2 additional days
18-24	3 additional days
25-31	4 additional days
32 or more	5 additional days

 

49.8    The additional leave provided for subclause 49.7 shall be granted after 1 December each year for the preceding 12 months.

 

49.9    Where the shift worker retires or resigns, or the employment of a shift worker is terminated by the Employer, any payment that has accrued from the preceding 1 December until the last day of service shall be paid to the shift worker.

 

Payment shall be made at the rate applicable as at 1 December each year or at the salary rate applicable at the date of retirement, resignation or termination.

 

49.10  Rosters - Rosters covering a minimum period of 28 days, where practicable, shall be prepared and issued at least 7 days prior to the commencement of the rosters. Each roster shall indicate the starting and finishing time of each shift. Where current or proposed shift arrangements are incompatible with the shift worker’s family, religious or community responsibilities, every effort to negotiate individual alternative arrangements shall be made by the Agency Head.

 

49.11 Notice of Change of Shift - A shift worker who is required to change from one shift to another shift shall, where practicable, be given forty eight (48) hours’ notice of the proposed change.

 

49.12  Breaks between Shifts - A minimum break of eight (8) consecutive hours between ordinary rostered shifts shall be given.

 

49.13  If a shift worker continues to work or resumes work without having had eight (8) consecutive hours off work, the shift worker shall be paid overtime in accordance with clause 50, Overtime Worked by Shift Workers, of this Award, until released from work for eight (8) consecutive hours.  The shift worker will then be entitled to be off work for at least eight (8) consecutive hours without loss of pay for ordinary working time which falls during such absence.

 

49.14  Time spent off work may be calculated by determining the amount of time elapsed after:

 

49.14.1           The completion of an ordinary rostered shift; or

 

49.14.2           The completion of authorised overtime; or

 

49.14.3           The completion of additional travelling time, if travelling in work time, but shall not include time spent travelling to and from the workplace.

 

49.15  Daylight Saving - In all cases where a shift worker works during the period of changeover to and from daylight saving time, the shift worker shall be paid the normal rate for the shift.

 

50.  Overtime Worked by Shift Workers

 

50.1    The following rates are payable for any overtime worked by shift workers and shall be in substitution of and not in addition to the rates payable for shift work performed on Monday to Friday, Saturday, Sunday or Public Holiday.

 

50.1.1 Monday-Friday - All overtime worked by shift workers Monday to Friday inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

50.1.2 Saturday - All overtime worked by shift workers on Saturday, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

50.1.3 Sunday - All overtime worked by shift workers on a Sunday shall be paid for at the rate of double time.

 

50.1.4 Public Holidays - All overtime worked on a public holiday shall be paid for at the rate of double time and one half.

 

50.1.5 An employee whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Grade 6.5 (Pay point 26), as varied from time to time, shall be paid for working directed overtime at the maximum rate for Grade 6.5 (Pay point 26) plus $1.00, unless the Employer approves payment for directed overtime at the employee’s salary or, where applicable, salary and allowance in the nature of salary.

 

50.2    Eight Consecutive Hours Break on Overtime - When overtime is necessary, wherever reasonably practicable, it shall be arranged so that shift workers have at least eight (8) consecutive hours off work.

 

50.3    The rest period off work shall be not less than eight (8) consecutive hours when the overtime is worked for the purpose of changing shift rosters except where an arrangement between shift workers alters the ordinary rostered shift and such alteration results in a rest period of less than eight (8) hours.

 

SECTION 5 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

51.  Employee Development and Training Activities

 

51.1    For the purpose of this clause, the following shall be regarded as employee development and training activities:

 

51.1.1 All employee development courses conducted by a NSW Public Sector organisation;

 

51.1.2 Short educational and training courses conducted by generally recognised public or private educational bodies; and

 

51.1.3 Conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

51.2    For the purposes of this clause, the following shall not be regarded as employee development and training activities: -

 

51.2.1 Activities for which study assistance is appropriate;

 

51.2.2 Activities to which other provisions of this Award apply (e.g. courses conducted by the Union); and

 

51.2.3 Activities which are of no specific relevance to the LLS.

 

51.3    Attendance of an employee at activities considered by the Employer to be:

 

51.3.1 Essential for the efficient operation of the LLS; or

 

51.3.2 Developmental and of benefit to the LLS;

 

shall be regarded as on duty for the purpose of payment of salary if an employee attends such an activity during normal working hours.

 

51.4    The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the LLS:

 

51.4.1 Recognition that the employees are performing normal duties during the course;

 

51.4.2 Adjustment for the hours so worked under flexible working hours;

 

51.4.3 Payment of course fees:

 

51.4.4 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

 

51.4.5 Payment of overtime where the activity could not be conducted during the employee's normal hours and the Employer is satisfied that the approval to attend constitutes a direction to work overtime under clause 31, Overtime, of this Award.

 

51.5    The following provisions shall apply, as appropriate, to the activities considered to be developmental and of benefit to the LLS:

 

51.5.1 Recognition of the employee as being on duty during normal working hours whilst attending the activity;

 

51.5.2 Payment of course fees;

 

51.5.3 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

 

51.5.4 Such other conditions as may be considered appropriate by the Employer given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

51.6    Where the training activities are considered to be principally of benefit to the employee and of indirect benefit to the LLS, special leave of up to 10 days per year shall be granted to an employee. If additional leave is required and the Employer is able to release the employee, such leave shall be granted as a charge against available flex leave, annual/long service leave or as leave without pay.

 

51.7    Above Level Assignment Allowance - Payment of an above level assignment allowance is to continue where the employee is in receipt of such allowance and attends a training or developmental activity whilst on duty in accordance with this clause.

 

52.  Study Assistance

 

52.1    The Employer shall have the power to grant or refuse study time.

 

52.2    Where the Employer approves the grant of study time, the grant shall be subject to:

 

52.2.1 The course being a course relevant to the LLS;

 

52.2.2 The time being taken at the convenience of the LLS; and

 

52.2.3 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.

 

52.3    Study time may be granted to Ongoing and Fixed Term Full Time employees and Ongoing and Fixed Term 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.

 

52.4    Study time may be used for:

 

52.4.1 Attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

52.4.2 Necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or

 

52.4.3 Private study; and/or

 

52.4.4 Accumulation, subject to the conditions specified in subclauses 52.6 to 52.10 of this clause.

 

52.5    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:

 

52.5.1 Face-to-Face - Employee may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

 

52.5.2 Correspondence - Employees may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

52.5.3 Accumulation - Employees may choose to accumulate part or all of their study time as provided in subclauses 52.6 to 52.10 of this clause.

 

52.6    Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the LLS.

 

52.7    Employees on rotating shifts may accumulate study time so that they can take leave for a full shift, where this would be more convenient to both the employee and the Employer.

 

52.8    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.

 

52.9    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.

 

52.10  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.

 

52.11  Employees studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

52.12  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.

 

52.13  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.

 

52.14  Repeated subjects - Study time shall not be granted for repeated subjects.

 

52.15  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.

 

52.16  Examination Leave - Examination leave shall be granted as special leave for all courses of study approved in accordance with this clause.

 

52.17  The period granted as examination leave shall include:

 

52.17.1           Time actually involved in the examination;

 

52.17.2           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.

 

52.18  The examination leave shall be granted for deferred examinations and in respect of repeat studies.

 

52.19  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.

 

52.20  All employees are eligible to apply and no prior service requirements are necessary.

 

52.21  Study leave shall be granted without pay, except where the Employer approves financial assistance. The extent of financial assistance to be provided shall be determined by the Employer according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

 

52.22  Where financial assistance is approved by the Employer 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.

 

52.23  Scholarships for Part Time Study - In addition to the study time/study leave provisions under this clause, the Employer may choose to identify courses or educational programmes of particular relevance or value and establish a LLS 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.

 

SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY

 

Table 1 - Salary Pay Points

 

 

Table 2 - Administration and Clerical (A&C) Stream

 

 

Table 3 - Advisory and Technical (A&T) Stream

 

 

Table 4 - Field Operations (FO) Stream

 

 

Table 5 - District Veterinarian Stream

 

 

 

SCHEDULE B

 

ALLOWANCES AND EXPENSES

 

Table 1 - Work Related Allowances

 

 

Table 2 - Meal, Travel and Other Expense Related Allowances

 

 

Adjustments:

 

In adjusting work related and expense related allowances, annual rates are adjusted to the nearest dollar, weekly and daily rates are rounded to the nearest 5 cents, and hourly rates are moved to the nearest cent (except for the flying allowance which is moved to the nearest 10 cents).

 

The Expense Related Allowances listed in Items 1, 2, 3, 4, 5 and 6 of Table 2 of Schedule B will be varied in accordance with the same variations and operative dates that apply to similar allowances set out in the Crown Employees (Public Sector -Conditions of Employment) Reviewed Award 2009 or any replacement Award. These variations are based on changes with the Sydney Consumer Price Index (CPI) for the preceding year to the March of the current year.

 

SCHEDULE C - TRANSITIONAL ARRANGEMENTS

 

1.        Schedule C applies only to former employees of CMA AG who at the time of their transfer to LLS were contracted to work a 35 hour week.

 

2.        The following table outlines the clauses and subclause contained in the Award where transitional arrangements apply to employees of LLS in accordance with clause 1 of Schedule C.

 

 

The transitional arrangements will remain in force until an employee’s:

 

Employment is terminated, or

 

Accepts a voluntary transfer to a new role, or

 

Is regraded to a higher role, or

 

Is merit selected into a new role.

 

The transitional arrangements will continue to apply to an employee who obtained a role at the same grade, or at a lower grade, as a result of a change management plan or organisational change.

 

SCHEDULE D - TRANSLATION TO NEW CLASSIFICATION STRUCTURE

 

Table 1 - Pay Points to Grade

 

 

Table 2 - Administration and Clerical Stream

 

 

Table 3 - Advisory and Technical Stream

 

 

Table 4 - Field Operations Stream

 

 

Table 5 - District Veterinarian Stream

 

 

 

 

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Printed by the authority of the Industrial Registrar.