The City of Sydney Award 2022
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Industrial Registrar.
(Case No. 240524 of 2023)
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Before Commissioner
Sloan
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11
September 2023
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AWARD
Contents
Clause No. Subject
Matter
Part One - Preliminary matters
1. Title
2. Application
and duration of Award
3. Definitions
4. Anti-Discrimination
Part Two - Employment Arrangements
5. Types
of engagement (full-time, part-time, fixed-term, casual and temporary)
6. Other
terms of employment
7. Attendance
8. Skills
development and workplace training
9. Accreditation
of employees
10. Policies
and consultative committee
11. Work
health and safety (including bullying)
12. Local
workplace agreements
13. Labour
hire
Part Three - Hours of work
14. Hours
of work
15. Penalty
rates
16. Flexible
work arrangements
17. Public
holidays
18. Overtime
19. Meal
and crib breaks
Part Four - Salary systems and rates of pay
20. Principles
21. Pay
rates
22. Pay
increases
23. Annualised
salaries
24. Salary
sacrifice
25. Payment
and payroll deductions
Part Five - Allowances
26. Higher
duties
27. Meal
allowance
28. General
allowances
29. Travelling
time and expenses
Part Six - Leave
30. Annual
leave
31. Personal/carer’s
leave
32. Refund
of sick leave
33. Parental
leave
34. Bereavement
leave
35. Long
service leave
36. Domestic
and family violence leave
37. Family
reunion leave
38. Accident
Pay
Part Seven - Cessation of employment
39. Notice
of termination
40. Discipline
41. Workplace
change and redundancy
42. Medical
retirement
43. Payment
to dependents of deceased employee
44. Calculation
of service
Part Eight - Other matters
45. Dispute
settlement procedures
46. Employee
representatives
47. Union
delegate training leave
APPENDICES
Appendix 1 - Rates of pay
Appendix 2 - Tool allowances
Appendix 3 - General allowances &
conditions
Appendix 4 - Key policies
Appendix 5 - Workplace Change, Redundancy and
Redeployment- Employees Commencing Before 5 November 2009
PART ONE - PRELIMINARY MATTERS
1.
Title
This Award will be referred
to as The City of Sydney Award 2022.
2. Application and Duration of Award
2.1. This Award is
binding on the Council of the City of Sydney, and the following industrial
organisations:
2.1.1. New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union (trading as the
"United Services Union");
2.1.2. The Local Government Engineers' Association of
New South Wales; and
2.1.3. The Development and Environmental
Professionals’ Association.
2.2. The Award is binding on all employees of
the Council of the City of Sydney except those employed under the following
awards:
2.2.1. South Sydney City Council Wages Staff Award
2014, as amended or replaced; and
2.2.2. South Sydney City Council Salaried Officers
Award 2014, as amended or replaced.
2.3. The Award does not apply to senior staff as
defined in section 332 of the Local Government Act 1993 (NSW) whose
employment is covered by the standard contracts referred to in section 338 of
the Local Government Act 1993 (NSW).
2.4. This Award rescinds and replaces the City of Sydney Wages/Salary
Award 2017.
2.5. This Award will take effect on and from the Commencement Date
and will remain in force for a period of three (3) years or until such time as
this Award is rescinded or replaced by a further award agreed to by the parties
and approved by the Industrial Relations Commission of New South Wales. New
entitlements provided in this Award will operate from the first pay period on
or after when the Award is ratified.
3. Definitions
3.1. Some words and phrases have specific meanings. These words and phrases are in italics in
this Award.
3.2. The defined words and phrases in this Award are:
Afternoon
shift means:
(a) ordinary
daily working hours which finish after 8:00pm and at or before midnight, Monday
to Friday inclusive (excluding public holidays); or
(b) for
those in the Libraries Division, ordinary daily hours which finish after 9:00pm
and at or before midnight, Monday to Friday inclusive.
Commencement
Date means 9 June 2021, being the date the parties
agree this Award will take effect (noting the date the Award is made by the
Industrial Relations Commission of NSW may be different).
City
means the Council of the City of Sydney.
Extended Family Member
means:
(a) a
niece, nephew, uncle, aunty of the employee;
(b) the
spouse or de-facto partner of a sibling of the employee (sister-in-law or
brother-in-law); or
(c) the
spouse or de-facto partner of the employee’s child (son-in-law or
daughter-in-law); or
(d) a
person with a close cultural, kinship or community tie to an Aboriginal and/or
Torres Strait Islander employee.
Higher
Duties means when an employee is required by the City
to perform the duties of a position in a higher band or grade than the
employee’s substantive position.
Immediate
Family Member means:
(a) a
spouse (including former spouse), de facto partner, child (including a
stillborn child), parent, grandparent, grandchild or
sibling of the employee; or
(b) a
child, parent, grandparent, grandchild or sibling of a spouse or de facto
partner of the employee; or
(c) an
Extended Family Member living in the same domestic dwelling as the employee.
JCC
means Joint Consultative Committee.
Morning
Shift means ordinary daily working hours which commence after 4.00 am and
before or at 5.30 am, Monday to Friday inclusive (excluding public holidays), with the exception of those in Refuse Collection (but not
Street Sweeping) where Morning Shift means ordinary daily working hours which
commence after 4.00 am and before 5.30 am.
Night
Shift means ordinary daily working hours which finish after midnight or
commence after midnight but before 4:00am Monday to Friday inclusive (excluding
public holidays).
Ordinary
Daily Hours means 1/5th of the ordinary full-time weekly hours for the
employee's position.
Ordinary
Rate of Pay means:
(a) if
calculated on an hourly basis, the remuneration for the employee’s position as
specified in Appendix 1 divided by 52 then divided by the ordinary full-time
weekly hours for the employee’s position (Ordinary Hourly Rate);
(b) if
calculated on a weekly basis, the remuneration for the employee’s position as
specified in Appendix 1 divided by 52; or
(c) if
calculated on a yearly basis, the remuneration for the employee’s position as
specified in Appendix 1.
(d) Ordinary
Rate of Pay will include, but not be limited to, the following allowance where
it is regularly received:
Tool
Allowance
Permanent
shift means ordinary daily working hours which are permanently rostered
weekly or over four (4) weeks, as either:
(a) Morning
Shifts, or
(b) Afternoon
Shifts, or
(c) Night
Shifts, or
(d) a
Saturday and/or Sunday shift.
Public
Holiday Shift means the ordinary daily working hours of a shift where the major
portion falls on a day prescribed as a public holiday.
Rotating
Shift means a roster in which an employee's ordinary working hours are
rostered to cycle through the following shifts in every
four (4) weeks:
(a) Morning
Shift, and/or
(b) Afternoon
Shift, and/or
(c) Nights
Shift, and/or
(d) Where
at least two Saturdays and/or Sundays in every four weeks are rostered as
ordinary hours.
Rotating
Shift Worker means an employee who works Rotating Shifts.
Salary
Employee means any person employed by the City in
any position other than a Wages Employee.
Saturday
shift means ordinary daily working hours the major portion of which fall
between midnight Friday and midnight Saturday.
Shift
Work means ordinary hours of work performed on Permanent Shifts usually
falling at least partially outside of the spread of ordinary hours, or Rotating
Shifts.
Shift
Worker means an employee who works Permanent Shifts, Rotating Shifts or is
a transferred shift worker in accordance with clause 14.8. An employee who
performs their ordinary hours of work in the ordinary spread of hours and days
specified in clause 14 is not a shift worker for the purposes of this Award.
Sunday
shift means ordinary working hours the major portion of which fall between
midnight Saturday and midnight Sunday.
Union(s)
means an industrial organisation(s) of employees as identified above in clause
2.1 above.
Wages
Employee means any person employed by the City in
the following positions:
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Arborist AQ3
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Automotive Electrician
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Bricklayer/Stonemason
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Bush Regenerator
- Gardener
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Carpenter/Tradesperson
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Chipper Truck
Driver
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Crew Leader, CITO
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Crew Member, CITO
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Crew Member,
Cleansing
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Crew Operator,
Cleansing
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Drainer (licensed
plumber)
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Driver, Drains Maintenance
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Electrician
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Emergency
Services Officer
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Fitter
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Gardener
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Greenkeeper
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Labourer -
Response Crew
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Mechanical
Tradesperson multi skilled
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Minor Plant
Fitter
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Motor Mechanic
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Operational
Arborist
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Painter
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Plumber
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Plumber/Drainer
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Service Person
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Stonemason
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Tradesperson/Mechanic
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Welder Fabricator
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3.3. Where, in this Award, there is a reference to an ‘agreement
between the parties’ then - absent any other meaning being be used, it will be
an agreement between the City and the applicable Unions.
4.
Anti-Discrimination
4.1 It
is the intention of the parties to this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity and age.
4.2 It
follows that in fulfilling their obligations under the dispute resolution procedure
set out in 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.
4.3 Under
the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
4.4 Nothing
in this clause is to be taken to affect:
4.4.1 any conduct or act which is specifically exempted from anti-discrimination
legislation;
4.4.2 offering or providing junior rates of pay to persons under 21
years of age;
4.4.3 any act or practice of a body established to propagate religion
which is exempted under section 56 (d) of the Anti-Discrimination Act
1977 (NSW); or
4.4.4 a party to this Award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
4.5 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.
PART TWO - EMPLOYMENT ARRANGEMENTS
5.
Types of Engagement
5.1 Employment
will be on either a full-time, part-time, temporary or
casual basis.
5.2 An
employee will either be engaged as a Salary Employee or Wages Employee.
Full-time
employment
5.3 Except
as provided elsewhere in this Award:
5.3.1 a full-time Salary Employee is engaged to work 36.25 ordinary
hours per week; and
5.3.2 a full-time Wages Employee is engaged to work 38 ordinary hours
per week.
Part-time
employment
5.4 A
part-time employee is permanently employed on a regular number of hours which
are less than the full-time ordinary hours.
5.5 Prior
to commencing part-time work, the City and employee
must agree:
5.5.1 that the employee will work part-time;
5.5.2 the hours, days and start/finishing
times; and
5.5.3 the nature of the work to be performed.
5.6 A
part-time employee may, by agreement with the City,
vary their part-time work hours, days and times during their employment. Any such variation will be in writing with
the original retained by the City and a copy provided
to the employee.
5.7 The
City and the part-time employee may, from time to time, also agree to work more
than their agreed number of hours at their Ordinary Hourly Rate either on their
agreed ordinary days, or on a day they are not rostered to work, provided that
the total number of agreed ordinary hours does not exceed the full-time
ordinary hours for the position.
5.8 Part-time
employees will receive all the conditions prescribed by this Award on a
pro-rata basis. An adjustment to accrued
leave entitlements may be required at the conclusion of each service year based
on the proportion of actual hours worked.
Temporary
employment
5.9 If
a position is vacant or the holder of the position is sick or absent, the City may appoint a person to the position temporarily.
Temporary appointments will not continue for more than twelve (12) months in
accordance with the Local Government Act 1993 (NSW).
Term contracts
5.10 The City may only employ a person on a term contract in the
following situations:
5.10.1 for the life of a specific task or project that has a definable work
activity;
5.10.2 to perform the duties associated with an externally funded position
where the length of the employment depends on the length of the funding;
5.10.3 to perform the duties associated with a vacant position until the
vacant position is filled on a permanent basis, provided that the duration is
no longer than is reasonably necessary to undertake recruitment for the vacant position;
5.10.4 to temporarily replace an employee who is on approved leave,
secondment, workers compensation, acting in a different position or working
reduced hours under a flexible work and leave arrangement;
5.10.5 to undertake training and work as part of an apprenticeship,
traineeship or student work experience program in conjunction with an education
institution;
5.10.6 to trial a new work area, provided that the duration is no longer
than is reasonably necessary to trial the new work area;
5.10.7 to perform the duties associated with a vacant position during the
intervening period between when the City has made a
definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on the employment in the vacant position and the date that the changes
are implemented;
5.10.8 to accommodate time limitations imposed by law or sought by the
employee (e.g. visa restrictions); or
5.10.9 to perform seasonal work.
Casual employment
5.11 A casual employee is engaged on a day to day
basis, works intermittently in relieving work or performs work of a casual
and/or unexpected nature.
5.12 A casual employee is:
5.12.1 engaged on an hourly basis and paid as such; and
5.12.2 paid a casual loading of 25% of their Ordinary Hourly Rate in lieu
of all other entitlements otherwise available to permanent employees which
includes: paid leave entitlements.
5.13 The ordinary weekly hours of a casual
employee may be rostered Monday to Sunday inclusive.
5.14 Except as provided below, the minimum period
of engagement for any casual employee will be four (4) hours.
5.15 The exception is that the minimum period of
engagement for any casual employee will be one (1) hour if the casual employee
is required to attend a Learning and Development training session. Casual employees will be told if their
engagement is for this purpose and the duration.
5.16 If a casual period of engagement is
cancelled by the City:
5.16.1 with less than twelve (12) hours’ notice, the
employee will be paid for the entire rostered period of engagement as if they
had worked the shift; or
5.16.2 with twelve (12) hours’
or more notice, the employee will not be paid for the rostered period of
engagement.
5.17 Casual employees will be informed of any
cancelled shifts by telephone call, SMS or email as recorded on file for
them. It is the employee’s
responsibility to ensure that any changes in contact information are updated
with the City as soon as possible.
5.18 The terms and conditions of this Award do
not apply to casual employees, unless explicitly specified to apply.
6.
Other Terms of Employment
Probation
6.1 The
probationary period will allow the City and the
employee to ascertain whether the employee's work performance meets the
standards required. The period of
probation applies to initial appointments with the City
and will be up to 6 months.
Internal
appointment
6.2 Internal
appointment to another position with the City will be subject to vacancies and
a competitive selection process in accordance with the City’s Recruitment and
Selection Policy.
Resourcing
6.3 The
City will provide adequate staff and other resources to enable employees to
carry out their duties and functions over the course of working hours that are
not unreasonable and support the implementation of the City’s community
strategic plan and operational plan.
6.4 The
City may direct the employee to carry out such duties within the limits of the
employee’s skill, competence and training.
Work flexibility
6.5 Employees
will be flexible to the City’s requests to perform additional or other duties,
or work at different locations, as necessary to enable the City
to meet operational and customer service needs.
Temporary changes
6.6 Employees
may be requested to:
6.6.1 work in any part or location of the City’s organisation, or
6.6.2 perform another role within their capabilities,
from
time to time to meet operational and customer service needs.
Transfer
to different business area and role
6.7 To
meet service demands, from time to time, the City may
require employees to transfer between divisions or units/positions within the
same salary band or level.
6.8 The
transfer of an employee to a new position (including with changes to duties and
functions) will be carried out after considering the job requirements of the
position and the employee’s relevant experience, skills, abilities
and knowledge.
6.9 An
employee will not be placed in a position where they are unable or unqualified
to meet that position’s job requirements, unless
training (formal or on the job) opportunities are provided to gain necessary
skills. It is the responsibility of the
employee to notify the City if they believe they are
unable or unqualified to meet a position’s job requirements.
6.10 Where prior written approval is given, the City will bear the
costs associated with any training which the employee is requested or required
to undertake.
6.11 Transferring employees, for the purposes of this clause will
receive their existing rate of pay (i.e. the
employee’s take home pay will not be reduced).
Uniforms and
clothing
6.12 Where the City requires an employee to wear a uniform, the City will pay the cost of such a uniform.
6.13 Where, in the opinion of the City,
employment is likely to cause abnormal wear or damage to the employee’s
personal clothing, the City will provide and pay the cost of protective
clothing.
6.14 Where the City has provided an employee with safety or protective
clothing and equipment, the employee will wear or use them in such a way as to
achieve the purpose for which they were supplied. In addition the
employee will replace or pay for any such safety clothing and equipment or
other articles which, in the opinion of the Chief Executive Officer, are lost
or damaged through the employee’s misuse or negligence.
6.15 An employee will attend work with their uniform and safety or
protective clothing to perform their role.
An employee will be sent home without pay if they have not complied with
this clause.
7.
Attendance
Notification of
absence
7.1 An
employee, who does not report for work on any day, for any reason, will, as
soon as practicable, notify the City or its authorised
representative of the reason for and duration of their absence.
Absent without
reasonable cause
7.2 Where
an employee is absent from work without reasonable excuse, the City may make deductions from the employee’s salary to
recover the time lost.
Abandonment of employment
7.3 Where
an employee is absent from work without permission for a continuous period of
two (2) normal working weeks and fails to provide a satisfactory explanation
for the absence, the employee will be deemed to have terminated their employment
by resignation with effect from the first day of the absence.
8.
Skills Development and Workplace Training
8.1 The
City agrees to develop and implement individual development plans for all
staff. Such plans will be developed through consultation and assessment of
skills with regard to organisational requirements and
individual career paths.
8.2 Individual
development plans will be reviewed annually in line with the Performance
Management & Development Program, as may be amended from time to time.
8.3 If
an employee is required by the City to undertake compulsory training in
accordance with the employee’s individual’s development plan, the employee will
not suffer any reduction in the employee's Ordinary Rate of Pay as a result.
9.
Accreditation of Employees
9.1 Where
the City requires an employee to be accredited by a professional association to
perform their responsibilities, the City will pay the
reasonable costs associated with obtaining and/or maintaining accreditation,
including the cost of accreditation fees and compulsory continued professional
development training fees.
10.
Policies and Consultative Committee
Policies
10.1 The parties acknowledge the importance of policies and procedures
to establish and regulate employment benefits and responsibilities.
10.2 At the time of making this Award, the City has the key policies
listed in Appendix 4 to this Award.
10.3 The City’s policies and procedures are not incorporated as terms
into this Award.
10.4 The City will consult on all policies pertaining to this Award
that it introduces or substantially varies from time to time. Such consultation will usually occur via the
JCC prior to implementation.
10.5 The elements of the key policies, as referenced in Appendix 4,
will be protected under this Award and the listed elements from these key
policies will not be varied without consultation with the Unions.
Joint
Consultative Committee
10.6 The City will have a JCC to:
10.6.1 provide a forum for consultation between the City
and its employees that encourages a free and open exchange of views;
10.6.2 allow positive co-operation about workplace efficiency and
improvement at the City and about better terms and conditions.
10.7 The size and composition of the JCC will be representative of the
employer’s workforce and agreed to by the City and the
local representatives from each of the Unions.
Agreement will not be unreasonably withheld.
10.8 The JCC will include but not be limited to employee
representatives of each of the Unions who have members employed at the City.
10.9 The JCC will:
10.9.1 comprise elected representative employees, including employee
representatives of the Unions;
10.9.2 meet as agreed with, and or required by, the City;
10.9.3 discuss matters relating to this Award or raised by the City for consultation; and
10.9.4 where appropriate, make recommendations to the City
on consensus, noting any dissenting views.
10.10 Officers or officials of the Unions may attend JCC meetings at
invitation of the JCC or the City.
10.11 The JCC does not deal with:
10.11.1 matters excluded by this clause or Award; or
10.11.2 matters properly falling with the grievance and dispute
resolution procedures.
11. Work
Health and Safety
11.1 The parties to this Award acknowledge that they are mutually
responsible for providing a safe and healthy work environment. The parties will work co-operatively through
the Work Health & Safety (WHS) Committee and other workplace consultative
committees to ensure that employees carry out their work free from the risk of
injury or harm.
11.2 The City will continuously address hazards in the workplace
through implementation of WHS plans which may be added to or amended from time
to time. WHS plans will be used to
identify, assess and control workplace hazards through
consultation with employees and management.
11.3 The City will put in place and/or instruct employees on safe
systems of work and all employees will comply with those safe systems of work
and use the plant, equipment, and protective clothing provided safely and in
the manner for which it is intended.
11.4 Employees who identify potential risks or hazards must
immediately report the risk or hazard to their immediate supervisor or WHS
Committee.
Rehabilitation
11.5 The City will provide and resource a workplace-based
rehabilitation program and rehabilitation co-ordinator in accordance with
statutory requirements.
11.6 The City’s rehabilitation program will ensure that rehabilitation
is commenced as soon as practicable following injury or illness and will ensure
that appropriate duties are provided to assist in an early return to work. Participation in a rehabilitation program
will not prejudice an employee.
11.7 Employees are required to formally notify their supervisor of any
injury or illness as soon as possible.
Employees must attend any medical or rehabilitation assessments required
by the City and must cooperate with the City's
directions in respect of any rehabilitation program.
First aid officer
11.8 The City must ensure that sufficient first aid officers are
nominated in each work area to cover all shift and variable working
arrangements.
Bullying
11.9 The City is committed to taking reasonably practicable steps to
eliminate bullying in the workplace.
11.10 The City agrees to maintain a bullying and harassment policy.
11.11 ‘Bullying’ means conduct at work where a person or group of people
repeatedly act unreasonably towards an employee or group of employees, and that
behaviour creates a risk to health and safety.
11.12 Bullying behaviour may involve, but is not limited to, any of the
following types of behaviour:
11.12.1 aggressive,
threatening or intimidating conduct;
11.12.2 belittling or
humiliating comments;
11.12.3 spreading
malicious rumours;
11.12.4 teasing, practical
jokes or ‘initiation ceremonies’;
11.12.5 exclusion from
work-related events;
11.12.6 unreasonable work
expectations, including too much or too little work, or work below or beyond an
employee’s skill level;
11.12.7 displaying offensive material; and or
11.12.8 pressure to behave in an inappropriate manner.
11.13 Reasonable management action carried out in a reasonable manner
does not constitute bullying behaviour.
11.14 Where bullying behaviour is alleged, the terms of the City’s Grievance
and Conflict Resolution policy, as amended from time to time, may be applied.
12.
Local Workplace Agreements
12.1 The parties agree to review operations at the workplace level on
an ongoing basis with the view to providing enhanced flexibility and
efficiency.
12.2 In agreement with employees and their representative Unions, the
City may establish Local Workplace Agreements (LWA) particular to a specific
site or group of employees to provide improved flexibility and efficiency.
12.3 A LWA may be negotiated to provide for different conditions of
employment than are provided for in the Award.
As an example, an LWA may change issues relating to:
hours of work, Shift Work, overtime, on call, meal breaks and allowance
payments.
12.4 A LWA may provide for different conditions of employment where
the following requirements have been complied with:
12.4.1 Employees are not disadvantaged when the LWA is viewed as a whole;
12.4.2 The majority of employees affected agree after taking all views into
consideration, including the need to maintain effective working relationships;
12.4.3 The appropriate Union has been advised prior to commencement of
discussions with the employees concerned;
12.4.4 The LWA is not contrary to any law and does not jeopardise safety;
12.4.5 The hours of work cannot be altered so that they exceed the maximum
number of ordinary hours allowed under the Industrial Relations Act 1996
(NSW); and
12.4.6 The LWA will improve efficiency and/or customer service and/or job
satisfaction.
12.5 LWA’s will be productivity-based.
Existing Award provisions will apply unless expressly varied by the LWA.
12.6 LWA’s may provide for improvements in remuneration and/or conditions
linked to productivity improvements.
12.7 LWA’s will be by consent, between employees,
the City and the relevant Union(s). Any LWA will be recorded in writing and
specify a date of operation and expiration date. Affected employees will be given the
opportunity to vote on any LWA proposed by the relevant Union(s). In order for the LWA to be accepted, a
majority (i.e. 50% +1) of affected employees must vote
in favour of it.
12.8 All LWA’s that have been accepted as per clause 12.7 will be registered
with the NSW Industrial Relations Commission.
Memorandums of
Understanding
12.9 The City and the Secretary of the relevant union party to this
Award may establish Memorandums of Understanding (MOU) to apply to the
following groups of employees:
12.9.1 Security Operators and Security Operations Coordinators employed
prior to the Commencement Date; or
12.9.2 Security Operators and Security Operations Coordinators employed on
or after the Commencement Date;
12.9.3 Shift Workers in the City Rangers Business Unit; or
12.9.4 other specific business units and its employees.
12.10 An MOU may provide for different conditions of employment than are
provided for in the City’s Industrial Agreements and Awards in circumstances
where:
12.10.1 Employees are not disadvantaged when
the MOU is viewed as a whole;
12.10.2 Existing Award provisions will apply
unless expressly varied by such an Agreement;
12.10.3 Employees are not obliged to accept
the MOU. The MOU will only apply to those employees who choose to be covered by
it. Once an employee has elected to be covered by the MOU
they cannot bring a claim regarding the alternative terms and conditions in the
Award which would apply to them if they were not covered by the MOU;
12.11 An MOU will operate until this Award is rescinded or replaced.
13.
Labour Hire
13.1 Labour hire employees will usually not be
engaged on a permanent and ongoing basis in work functions ordinarily filled by
permanent employees. The City will review the use of labour hire employees
on an annual basis.
13.2 This clause does not apply to the employment of apprentices
and/or trainees by a group training business.
13.3 Notwithstanding the provisions of clause 13.1, the City and the
relevant Union may agree in writing that the City may replace an employee of
the City on a permanent basis with labour hire employee(s). The relevant Union will not unreasonably
object to such a request by the City.
PART THREE - HOURS OF WORK
14.
Hours of Work
Ordinary hours
of work
14.1 Except as provided elsewhere in the Award, the ordinary hours of
work are:
14.1.1 for a Salary Employee, 36.25 hours per week Monday to Friday inclusive;
14.1.2 for a Wages Employee, 38 hours per week Monday to Friday inclusive
(or 152 hours over a four (4) week period);
14.1.3 for employees employed as City Rangers, Security Operators or
Security Operation Coordinators, 38 hours per week; and
14.1.4 where, by agreement, based on operational requirements, a Salary
Employee may be engaged for a 38 hour per week.
14.2 Unless varied by agreement, a full-time
Driver of Lorry (Refuse Collection and/or Disposal), Labourer (Refuse
Collection and/or Disposal), Labourer (Street Sweeping), Mechanical Plant
Operator (Refuse Collection and/or Disposal), engaged on night cleansing work
including collection and/or disposal of refuse, is employed to work 32 hours
per week, spread over not more than 11 shifts on 14 consecutive days. These employees will be paid, in addition to
and averaged into the Ordinary Rate of Pay, a shift penalty of 11.5% in respect
of any shift worked Monday to Friday inclusive, except in respect of a shift
worked on a public holiday.
Spread of hours
14.3 Except as provided below, the ordinary spread of hours will be
from 6.00 am to 8.00 pm Monday to Friday inclusive. Note that the ordinary spread of hours can be
varied by agreement between the parties.
14.4 The exceptions are:
14.4.1 Refuse Collection, not Street Sweeping, between 5.30 am and 8.00 pm;
14.4.2 Library Division, between 6.00 am and 9.00 pm; and
14.4.3 Shift workers as set out in clause 14.6 to 14.9.
14.5 An employee may request to work ordinary hours outside the spread
of hours for their role, and the City may agree to the
request, subject to the following:
14.5.1 An employee’s request must be in writing and specify a period within
which the arrangement is to operate.
14.5.2 The City will consider the request in accordance with the City’s
Flexible Working Arrangement Policy or guidelines as amended from time to time.
14.5.3 If the City agrees to the request, the agreement must be confined to
the role the employee is working in at the time.
14.5.4 The City will not be required to pay a shift penalty for the
ordinary hours worked outside the spread of hours.
14.5.5 Once the agreement expires, the parties are not prevented from entering
into another agreement under this clause.
Shift Work
14.6 The ordinary working hours of a Shift Worker will not exceed 76
hours per fortnight to be worked as rostered, Monday to Sunday inclusive,
provided they will not be required to work more than eleven (11) shifts in
fourteen (14) consecutive days without payment of overtime or be required to
work broken shifts.
14.7 Shift Workers will be provided with an interval of at least eight
(8) hours between the end of any shift and the commencement of the next
succeeding shift.
14.8 In order to meet operational and customer
service needs, the City may introduce Shift Work, change the Shift
Work arrangements or transfer employees between Shift Work and day work
arrangements as needed. Such a change is
subject to:
14.8.1 Where a decision has been made to introduce Shift Work or change
existing Shift Work arrangements, new employees commencing after the decision
is made may be engaged on the new Shift Work arrangement as a condition of
employment.
14.8.2 Mutual agreement must otherwise be reached with an existing employee
before that employee can be transferred from day work to Shift Work or before a
significant change is made to the existing Shift Work arrangements. A significant change may be an extension of
the days of the week on which the employee's shifts are performed.
14.9 The City must give a rostered Shift Worker (other than a Shift
Worker rostered for relief work) at least 48 hours’ notice of a change of
roster arrangements. If such notice is
not given, the employee will be paid double time for the first shift worked on
the altered roster. This penalty is
calculated on the employee’s Ordinary Rate of Pay plus any applicable roster
allowances.
14.10 Except in cases of emergency (to be determined by the City), the
City may alter the starting or finishing time of a Shift Worker temporarily for
a period of two (2) weeks by giving seven (7) days' notice to the employee and
to the applicable Union).
14.11 In addition, the following conditions also apply:
14.11.1 Except in cases of emergency (to be
determined by the City), if less than seven (7) days’ notice is provided to
change the shift starting and finishing times, the change will be made by
mutual agreement. If no mutual agreement
is reached then the shift time will remain the
same.
14.11.2 The starting and finishing times may
be varied at any time when there is mutual agreement. Notice to the relevant Union(s) is not
required when there is mutual agreement.
14.11.3 The penalty payment of double time
for the first shift worked on the altered roster, will apply when less than 48
hours’ notice of the change is provided by the City. The penalty will not apply when the employee
agrees to or requests the change.
Casual employees
14.12 The ordinary weekly hours for casual
positions is 38 hours or 36.25 hours, as determined by the City and rostered
Monday to Sunday inclusive. In
calculating the ordinary weekly hours, any hours worked each day which are in excess of the Ordinary Daily Hours will not be included.
15.
Penalty Rates
15.1 The following shift penalty rates are payable to Shift Workers
for working the following shifts:
15.1.1 Rotating Shifts
|
Shift
|
When
|
Rate payable
|
|
Morning Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay+ 15%
|
|
Afternoon Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay + 15%
|
|
Night Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay + 15%
|
15.1.2 Permanent Shifts
|
Shift
|
When
|
Rate payable
|
|
Morning Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay + 15%
|
|
Afternoon Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay + 15%
|
|
Night Shift
|
Monday to Friday
inclusive
|
Ordinary Rate of
Pay + 30%
|
15.1.3 Weekend and Public Holiday Shifts
|
Shift
|
Rate payable
|
|
|
Saturday Shift
|
Ordinary Rate of Pay + 50%
|
|
|
Sunday Shift
|
Ordinary Rate of Pay + 100%
|
|
|
Public Holiday
Shift
|
Ordinary Rate of Pay + 200%
|
|
15.1.4 Prescribed 32 Hour Week Shift Workers
|
Shift
|
When
|
Rate payable
|
|
Permanent Night
Shift
|
Monday-Friday
inclusive
|
Ordinary Rate of
Pay +11.5%
|
|
Saturday shift
|
|
Ordinary Rate of
Pay + 25%
|
|
Sunday shift
|
|
Ordinary Rate of
Pay + 75%
|
|
Public Holiday
shift
|
|
Ordinary Rate of
Pay + 200%
|
Payment of shift
penalty rates
15.2 Shift penalty rates will be paid, where possible, as an averaged annual amount to provide employees working Shift
Work with a standardised pay outcome per pay period.
Transfer between
shifts
15.3 Except as provided for below, an employee engaged on day work who
is required by the City to transfer to Shift Work will
be paid for all Morning Shift, Afternoon Shift and Night Shift worked in the
first week of transfer at the following applicable penalty rates:
15.3.1 38-hour week roster - Ordinary Rate of Pay plus 50%.
15.3.2 32-hour week roster - Ordinary Rate of Pay plus 25%.
15.4 An employee engaged in day work, transferred to Shift Work at
their own request, or as a result of having applied
for and obtained a position involving Shift Work, will not be entitled to
additional payments described in this clause.
15.5 An employee who is previously engaged in day work and is
transferred to Shift Work, whether at their own request or at the initiative of
the City, will on the point of the transfer, become a
Shift Worker for the purposes of this Award.
Casual employees
15.6 Casual employees who work:
15.6.1 outside the relevant spread of hours in clause
14.1 and 14.2 are entitled to the applicable Rotating Shift penalty rate for
Morning Shift, Afternoon Shift and Night Shift,
15.6.2 on weekends and public holidays are entitled to penalty rates for
Saturday Shifts, Sunday Shifts and Public Holiday Shifts,
calculated
as follows:
15.6.3 the shift penalties are calculated on the Ordinary Hourly Rate;
15.6.4 the casual loading is calculated on the Ordinary Hourly Rate;
15.6.5 the Ordinary Hourly Rate, the applicable shift loading
and the casual loading are combined to obtain the hourly rate payable to the
casual employee.
16.
Flexible Work Arrangements
16.1 This clause provides flexible work arrangements and flexible work
rosters that may be entered into by the City with
individual employees, a work team or business unit. Either the City or employee(s) may initiate a
request for flexible arrangements.
16.2 The parties agree that assessment of any flexible work
arrangement or roster will consider the City’s obligations to serve the City of
Sydney community effectively and efficiently, provide a safe workplace for all
City employees and will be cost neutral to the City, balanced against an
employee’s need for flexibility. The City will not unreasonably refuse a request for a flexible
arrangement.
16.3 Any flexible rostering or work arrangement such as a compressed
working arrangement that involves the employee requesting a day or time off,
that day or time off will be arranged to be at times which suit business and or
operational needs.
16.4 The parties may suspend a flexible roster or work arrangement by
agreement.
16.5 Either party may, on twenty-eight (28) days’ written notice,
terminate any flexible work arrangement (including if the flexible roster and
work arrangement is trialled). Where a
flexible roster and work arrangement is agreed on a collective basis, termination
by employees must occur by majority vote.
The City will not unreasonably terminate a
flexible work arrangement.
Individual
flexible work arrangements
16.6 An individual may request a flexible work arrangement in writing,
setting out the details of the arrangements, the reasons for seeking the
arrangement and the start and end date of the arrangement. The reasons for requesting such a change may
include:
16.6.1 carer responsibilities of a child who is of school age or younger;
16.6.2 being a carer within the meaning of the Carer Recognition Act
2010 (Cth);
16.6.3 the employee having a disability;
16.6.4 the employee is 55 years of age or older; or
16.6.5 such other circumstances where an employee can demonstrate a genuine
need for flexible work arrangement, including in circumstances of personal or
pressing domestic necessity or family and domestic violence.
16.7 Individual flexible work arrangements may include:
16.7.1 different starting and finishing times (including outside of the
normal spread of hours to meet individual needs and without attracting overtime
and penalties that might otherwise apply);
16.7.2 part-time and or job share arrangements;
16.7.3 remote working (on an occasional, regular
or temporary basis); or
16.7.4 19-day month that involves the employee working additional daily
hours each 19 working days to have the 20th day off as a paid ordinary
day.
16.8 The City will respond in writing to individual requests for
individual flexible work arrangements within 28 working days. The City may refuse
a request to enter into an individual flexible work arrangement on reasonable
business and or operational grounds. Any
written response will include the reasons for any refusal. The City will not
unreasonably refuse a request.
16.9 Approved individual flexible work arrangements will be reviewed
on a regular basis but, as a minimum, every 12 months.
Team flexible
work arrangements
16.10 The City, the Union or a group of employees may initiate a request
to enter into a team flexible work arrangement within
a team or business unit. This may involve changes to where, when
and how the work is performed in the team.
Any arrangement such as change to hours of work/rosters or work location
will only be made with prior consultation with affected employees and any
relevant Union(s).
16.11 A team flexible work request will be assessed in accordance with
the City’s policies and guidelines, as amended by the City from time to
time. However, a flexible work request
must maintain or improve service delivery, provide a safe workplace for all
City employees and will be cost neutral to the City,
balanced against the teams need for flexibility.
16.12 The City will respond within two (2) months. The policies and guidelines are not
incorporated into this Award.
16.13 The City may refuse a request to enter into
a team flexible work arrangement put forward by employees on reasonable
business and or operational grounds. Any
written response will include the reasons for any refusal. The City will not
unreasonably refuse a request.
16.14 The City may require that a team flexible work arrangement apply
across a whole work team or business unit for managing rostering and service
needs or be subject to a trial before making a final decision.
16.15 A team flexible work arrangement applying to a group of employees
must be approved by a majority vote of those affected employees.
16.16 Possible flexible work roster arrangements may include:
16.16.1 a compressed working arrangement,
that may be over a week, fortnight, or twenty-eight (28) day period, that
involves the employees working their ordinary hours in that period over less
days, or
16.16.2 different starting and finishing
times with a span of working days from Monday to Friday on the proviso that the
employee does not exceed twenty (20) working days in each twenty-eight (28) day
cycle.
16.16.3 remote working (on an occasional, temporary
or regular basis);
16.16.4 The above examples do not limit any
other roster or work arrangement formerly agreed between the city and the
employee(s) or group.
Use of make-up
time
16.17 An employee may elect, with the consent of the City, to work
"make up time". "Make-up
time" is worked when the employee takes time off during ordinary hours for
family or community service responsibilities, and works those hours at another
time, during the spread of ordinary hours, at the Ordinary Rate of Pay.
16.18 An employee on Shift Work may elect, with the consent of the City,
to work "make-up" time (under which the employee takes time off
during ordinary hours and works those hours at another time) at the Shift Work
rate which would have been applicable to the hours taken off.
17.
Public Holidays
17.1 The following days will be observed as public holidays:
17.1.1 the days specified in the Public Holidays Act 2010 (NSW) that
are applicable to the City including:
(a) New
Year’s Day;
(b) Australia
Day;
(c) Good
Friday;
(d) Easter
Saturday;
(e) Easter
Sunday;
(f) Easter
Monday;
(g) Anzac
Day;
(h) King’s
Birthday;
(i) Labour Day;
(j) Christmas
Day; and
(k) Boxing
Day;
17.1.2 for employees who identify as Aboriginal and Torres Strait
Islanders, they will be entitled to an additional day of leave during NAIDOC
week, at a time agreed with their manager, so that they can participate in
National Aboriginal and Islander Day celebrations; and
17.1.3 the Annual Picnic Day as notified by the Union(s), for all employees
who are union members. Proof of union membership may be required by the City.
17.2 If a public holiday falls on a day an employee (other than a
casual employee) would have otherwise been required to work but they observe
the public holiday, the employee will be paid their usual working hours at
their Ordinary Rate of Pay.
17.3 If a public holiday falls on a Monday to Friday, an employee who is
a full-time permanent shift worker in a seven day
roster system and is rostered off and not required to work will be paid an
ordinary days pay at their Ordinary Rate of Pay.
Higher duties
17.4 Where an employee has performed the duties
of a higher position for the full day preceding and following a public holiday,
the employee will be paid for the public holiday at the higher rate.
Absent without pay
17.5 An employee who is absent without pay on the working days
immediately before and after a public holiday will not be entitled to payment
for the public holiday.
Payment for work
performed on public holidays
17.6 Employees (other than Salary Employees on band 6 or above) who
are required to work on a public holiday will be paid at the applicable overtime
rates below.
17.7 Time worked by a Shift Worker on a public holiday during what
would otherwise be ordinary working hours will not be regarded as overtime and
will be paid for at appropriate penalty rates.
17.8 A Shift Worker who is rostered Monday to Friday and is required
to work overtime on a public holiday falling on their day off, will be paid for
all hours worked at treble time.
18.
Overtime
Requirement to
work reasonable overtime
18.1 The City may require an employee to work reasonable overtime in order to meet the needs and requirements of the industry,
including work on Saturdays, Sundays and public holidays or Shift Work as
necessary.
What is
overtime?
18.2 Except as specified below, overtime is any hours worked by an
employee in excess of the full-time ordinary weekly
hours (or ordinary daily hours for eligible casuals).
18.3 All overtime must be approved and directed to be performed by an
authorised officer of the City.
Eligibility for
overtime
Salary Employees
18.4 A Salary Employee is only eligible for payment for overtime
worked if they are classified as Band 5 or lower.
18.5 Where a Salary Employee at Band 6 is required to work additional
hours on the weekend or on public holidays on a regular and systematic basis to
meet service demands:
18.5.1 the City and the relevant employee will
explore time off in lieu of overtime;
18.5.2 if both the City and the relevant employee
agree that is impractical, the employee may make a written request to the
Chief, People and Culture, to be paid for the additional hours worked at
overtime rates;
18.5.3 the City will consider payment of these
additional hours on a case by case basis.
Overtime rates
(other than for shift workers)
18.6 For any overtime hours worked, the applicable overtime rates on
the employee’s Ordinary Rate of Pay (including casual employees) are:
Monday
to Friday
18.6.1 for overtime worked Monday to Friday:
(a) Salary
Employees will be paid at their Ordinary Rate of Pay for the first three (3)
hours of overtime then at time and half for the next two (2) hours of overtime
and double time thereafter on the Ordinary Rate of Pay; and
(b) Wages
Employees will be paid at the rate of time and half for the first two (2) hours
of overtime and double time thereafter on the Ordinary Rate of Pay;
Saturday
18.6.2 for overtime worked on a Saturday will be paid at time and a half
for the first two (2) hours and double time thereafter on the Ordinary Rate of
Pay, provided that all overtime after 12:00 pm noon on Saturday will be paid at
double time.
Sunday
18.6.3 for overtime worked on a Sunday will be paid at double time on the
Ordinary Rate of Pay.
18.6.4 where 50.1% of a period of overtime occurs on a Sunday, the whole of
the overtime period will be paid at the Sunday overtime rates.
Public
Holiday
18.6.5 where an eligible employee is required to work overtime on a public
holiday (where the time worked falls within the normal working hours were the
day not a public holiday), the employee will be paid treble time for all hours
worked on that day.
18.6.6 where 50.1% of a period of overtime occurs on a public holiday, the
whole of the overtime period will be paid at the public holiday overtime rates.
Time off in lieu
18.7 Employees eligible for overtime pay may choose whether to be paid
for the overtime or to take time off in lieu. Time off in lieu will be taken
within a calendar month with the exception that occasions occurring within the
last week of the month will be carried forward to the next month. Other arrangements may be made by mutual
agreement between the employee and their supervisor. Employees opting to take time off in lieu
will be granted the equivalent time off to the actual hours worked.
Overtime for
Shift Workers
18.8 This clause does not apply to casual
employees. All overtime worked by a
Shift Worker, either before or after and in extension of their ordinary daily
working hours, will be paid as follows:
Monday to Saturday (inclusive)
18.8.1 time and a half for the first two (2) hours and
double time thereafter on the Ordinary Rate of Pay, provided that all overtime
worked after 12:00pm noon on Saturday will be double time on the Ordinary Rate
of Pay.
Sundays
18.8.2 at double time on the Ordinary Rate of Pay.
Public
Holidays
18.8.3 at treble time on the Ordinary Rate of Pay.
Part-time
employees
18.9 Part-time employees who agree to work in excess
of their regular part-time hours will be paid their Ordinary Rate of Pay
for work completed either on their agreed ordinary days or on a day they are
not rostered to work.
18.10 For part-time employees, overtime will apply where:
18.10.1 a part-time
employee is directed to work hours in excess of their
agreed part-time hours; or
18.10.2 the total hours for the week exceeds the full-time ordinary hours for
the position.
18.11 Any hours paid at overtime rates will not count towards the
full-time ordinary hours for the position.
Minimum Break
18.12 Overtime will be arranged so that an employee (including causal
employees) has at least ten (10) consecutive hours off duty between the
ordinary working hours of successive days.
18.13 For overtime worked outside of ordinary working days the employee
must have at least ten (10) consecutive hours off duty between overtime shifts
and the commencement of ordinary working hours.
18.14 An employee who does not receive the break outlined above will be
released after the completion of such overtime until they have had ten (10)
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
18.15 If an employee is instructed to resume work without receiving the
ten (10) consecutive hours off duty, the employee will be paid at double time
on the Ordinary Rate of Pay until released from duty and then will be entitled
to a ten (10) hour break without loss of pay.
Continuous
Overtime
18.16 Overtime worked, on
any one (1) day, whether in broken periods or otherwise will be regarded as
continuous, except for the purposes of calculating meal allowance.
Transport
18.17 If overtime finishes at an hour when the usual means of transport
to the employee's home are not available, the City
will provide or pay for suitable transport direct to the employee's home.
Overtime on a "Day
Off"
18.18 A Permanent or Rotating Shift Worker whose ordinary working hours
include a Saturday and/or Sunday under a seven (7) day roster system and who
is:
18.18.1 required to work
overtime on a 'day off'; or
18.18.2 who has finished work
and is called out to work overtime which commences and terminates before their
next normal starting time,
will be paid
for such overtime at double time on the Ordinary Rate of Pay.
18.19 A Shift Worker required to work overtime on a ‘day off’ whose ordinary
hours of work are rostered Monday to Friday will receive the overtime rates for
Shift Workers set out above in clause 18.8.
18.20 A Shift Worker who is rostered Monday to Friday and is required to
work overtime on a public holiday falling on their day off, will be paid for
all hours worked at treble time on the Ordinary Rate of Pay.
18.21 A Permanent or Rotating Shift Worker whose ordinary working hours
include a Saturday and/or Sunday under a seven-day roster system and who is
required to work overtime on a public holiday falling on their 'day off' on a
Monday to Friday will receive:
18.21.1 payment for hours
worked at the employee’s Ordinary Rate of Pay;
18.21.2 double
time for all hours worked up to the number of hours which are equal to the employee's
ordinary daily hours; and
18.21.3 treble time for
all hours which are in excess of the hours in clause
18.21.2 above.
18.22 A Permanent or Rotating Shift Worker who works Saturday and/or
Sunday under a seven-day roster system and who is required to work overtime on
a public holiday falling on their 'day off' on a Saturday or Sunday will
receive treble time for all hours worked.
Ordinary Working
Hours on a public holiday
18.23 Time worked by a Shift Worker on a public holiday during what would
otherwise be ordinary working hours will not be regarded as overtime and will
be paid for at appropriate penalty rates.
Call Back to
Work
18.24 An employee is on a call back if the employee has finished work and
without receiving notice before finishing work is directed to return back to work before their next normal starting time.
18.25 An employee who is called back to work will receive:
18.25.1 A minimum payment
equivalent to four (4) hours inclusive of travelling time paid in accordance
with clause 18.25.2 below.
18.25.2 The
payment will be at the appropriate overtime rates whether required to work for
four (4) hours or not.
18.25.3 If more than four
(4) hours is worked on a call back, the additional time will be paid by the
minute at appropriate overtime rates.
19.
Meal and Crib Breaks
Ordinary Working
Hours
19.1 Except as provided, the City will grant an unpaid meal break of
forty-five (45) minutes during ordinary daily working hours, to be taken as
directed.
19.2 An employee will only be required to work continuously for more
than five (5) hours without a meal or crib break in cases of extreme
emergency. In these instances, the employee
will be paid at double time on their Ordinary Rate of Pay for all time worked
after the expiry of the five (5) hour period until the break is granted, or
until normal finishing time, whichever is the earlier.
19.3 An employee required to commence ordinary working hours between
5.30 am and 6.00 am (both inclusive) will be granted a crib break of fifteen
(15) minutes duration before 9.00 am, to count as ordinary time worked, and
taken as directed.
19.4 Wages Employees will have their morning tea at their work
location. Salary Employees will take
their morning and afternoon tea break at their workstations.
Shift Work
19.5 A Shift Worker on Continuous Shift Work will
be granted a crib break of thirty (30) minutes per shift.
19.6 A Shift Worker (other than an employee on Continuous Shift Work),
will be granted a crib break of thirty (30) minutes in each Morning, Afternoon,
Night, Saturday, Sunday and Public Holiday shift
exceeding five (5) hours duration.
19.7 Crib breaks will be taken as directed, will
be part of ordinary working hours, and will be paid for at the rate applicable
to the shift on which the employee is engaged.
19.8 For the purposes of subclauses 19.5 to 19.7, Continuous Shift
Work means work carried out through a work area roster providing for shifts
within twenty-four (24) hours periods for at least six (6) consecutive days and
only interrupted by breakdowns, meal breaks, or due to unavoidable causes
beyond the control of the City.
Overtime
19.9 Where an employee is directed to work a period of overtime which
adjoins the employee's ordinary working time, which extends for two (2) hours
or more, the employee will be granted a crib break of twenty (20) minutes for
each two (2) hours of overtime, to be taken as directed, and paid at the
applicable overtime rate.
19.10 Overtime worked before and after normal finishing time will not be
regarded as continuous for the purposes of this clause, and an employee will
not be entitled to payment for crib time unless the employee is required to
continue working after having taken such crib time.
19.11 An employee directed to work overtime which commences and finishes
outside ordinary working hours or falls on any day which is not an ordinary
working day, will be granted a crib break of twenty (20) minutes upon the
completion of each four (4) hours of such overtime, which if the employee is
required to continue working after such crib break, will be paid for at the
applicable overtime rate.
19.12 The City may direct an employee who becomes entitled to more than
one (1) crib break to take the crib breaks in either separate or consecutive
periods but will not require the employee to work continuously for more than
five (5) hours without a crib break.
19.13 In the case where the needs and requirements of the work so permit,
the City, if requested by an employee engaged on overtime, may extend the
duration of any crib break to which the employee has become entitled, for a
period not exceeding one (1) hour to be taken as directed by City. If the
employee takes such a break, then the City will not be liable for any time
taken in excess of twenty (20) minutes, nor will such
excess time count as time worked.
19.14 Except as provided above, in the calculation of overtime crib
breaks will be treated as part of the time worked.
Casual employees
19.15 Where Ordinary Daily Hours are worked within the ordinary spread of
hours, a casual employee will not be required to work more than five (5) hours
without receiving an unpaid meal break of 30 minutes. Unpaid meal breaks will be taken as directed.
19.16 Where ordinary daily hours are worked on a Morning Shift, Afternoon
Shift, Night Shift, Saturday, Sunday or Public Holiday
Shift exceeding five (5) hours in duration, casual employees will receive a
crib break of 30 minutes. Crib breaks
will be taken as directed, will be part of ordinary daily hours, and will be
paid for at the rate applicable to the shift upon which the employee is
engaged.
19.17 A casual employee whose work starts and ends outside of the
Ordinary Weekly Hours as calculated in accordance with 14.12 will be granted a
crib break of twenty (20) minutes at the completion of each four (4) hours of
overtime. The crib break will be paid at the overtime rate applicable if the
employee is required to continue working after such crib break.
PART FOUR - SALARY SYSTEMS AND RATES OF PAY
20.
Principles
Salary band
and range principles
20.1 The salary band system provides for ten (10)
salary bands to encompass all employees.
The salary entry levels for the salary bands are sufficient to:
20.1.1 differentiate between the successive management
levels;
20.1.2 acknowledge that job content at various levels
will vary;
20.1.3 properly cater for promotions; and
20.1.4 allow for the enhancement and development of
skills, increasing managerial or other responsibilities and personal
development.
20.2 The salary band system facilitates career
development and supports career opportunities for individuals as well as the
City's reorganisation activities and enables the development of an effective
human resource strategy.
20.3 The implementation of City’s Performance
Management Policy will further improve the multiskilling of employees by
ensuring that employees are provided with skills development and opportunities
and are recognised for the skills acquired.
20.4 The principles related to the salary band
system will provide increased flexibility for the City
to manage change in the work place, achieve corporate goals, and to foster the
development of skills by:
20.4.1 mixing and matching of jobs;
20.4.2 training and management development;
20.4.3 provision of adequate study leave
for approved courses;
20.4.4 job rotation by agreement between the employee
and the City;
20.4.5 vertical and horizontal job re-design which
will lead to substantial benefit to employees with more interesting work being performed;
20.4.6 career development based on merit and performance
review; promotion based on merit, subject to vacancy and by means of
competitive selection process;
20.4.7 open and shared objective assessment of performance;
20.4.8 ongoing elimination of restrictive work and
management practices; and
20.4.9 the adoption of the salary band system provides
a flexible framework for the classification of positions and the provision of
remuneration based on merit.
21. Pay
Rates of pay
21.1 The rates of pay for Salary Employees and
Wages Employees is at Appendix 1 of this Award.
21.2 Superannuation will be paid in accordance
with legislative requirements as amended from time to time.
Job evaluation
21.3 A position's rate of pay and salary band is
determined and evaluated in accordance with City’s job evaluation policy and
system, as varied from time to time.
21.4 The minimum rate of pay attached to job
evaluation scores of each position classification will reflect the work value
of the position.
21.5 All positions will be reviewed upon job
redesign, and regularly as positions become vacant in accordance with the
City’s job evaluation policy and system as varied from time to time.
Salary
progression
21.6 The
City will apply a salary progression scheme that is linked to the City's
Performance and Development Management Program as articulated in the
"Performance and Development Management Policy" as amended from time
to time. The City will consult with employees
via the JCC, and with the Unions, regarding the impact of changes to the
Performance Development and Management Policy on employees. The City will publish the details of the salary progression
scheme to employees.
21.7 Employees will be eligible for consideration
for salary progression in accordance with the City’s ‘Performance and
Development Management Policy’, as may be amended from time to time.
22. Pay Increases
22.1 This Award provides for an initial increase
of 2% to the rates of pay under the previous Award. This increase is included in the rates that
appear in Appendix 1. The new rates of
pay detailed in Appendix 1 were retrospectively applied from the first full pay
period on or after 1 July 2021. Employees
are not entitled to a further increase in respect of their 2021 rate of pay
following the commencement of this Award.
22.2 The
following further increases will be applied to the rates of pay detailed in
Appendix 1 from the first full pay period commencing on or after the dates
specified below:
22.2.1 1 July 2022: 3%.
22.2.2 1 July 2023: 4% or the NSW Local Government
State Award increase whichever is higher.
Increase to
allowances
22.3 Allowances payable under the Award have
already been increased by 2% and are to be increased annually in accordance
with the applicable percentage increase for rates of pay specified in clause
22.2.
23. Annualised Salaries
23.1 Notwithstanding any other provision of this
Award, the City and an employee may agree to pay and receive an annual salary
in satisfaction of any or all payments arising under the Award including rates
of pay, allowances, loadings, overtime, penalties and any other additional
payments and expenses payable under this Award.
23.2 The annual salary must be no less than the amount
the employee would have received under this Award for the work performed over
the year for which the salary is paid (or if the employment ceases earlier over
such lesser period as has been worked).
23.3 The annual salary of the employee will be
reviewed by the City at least annually and if the employee’s rostering pattern
changes to ensure that the compensation is appropriate having regard to the
award provisions which are satisfied by the payment of the annual salary.
23.4 An annual salary agreement must:
23.4.1 be in writing and signed by both parties;
23.4.2 state the date on which the arrangement commences;
23.4.3 contain a provision that the employee will
receive no less under the arrangement than the employee would have been
entitled to if all award obligations had been met;
23.4.4 be subject to an annual review;
23.4.5 contain details of the salary arrangements,
including the annual salary that is payable and the award provisions satisfied
by the arrangement;
23.4.6 contain details of the public holidays and
leave loading (if applicable) incorporated in the annual salary;
23.4.7 contain the salary for the purposes of accident
make up pay; and
23.4.8 contain the award band and level for the role.
23.5 An annual salary agreement may be terminated:
23.5.1 by the City or the employee giving four (4)
weeks’ notice of termination, in writing, to the other party and the agreement
ceasing to operate at the end of the notice period; or
23.5.2 at any time, by written agreement between the City and the employee.
23.6 On termination of an annual salary
agreement, the employee will revert to the Award entitlements unless a new
annual salary agreement is reached.
23.7 Notwithstanding the above, the City and an
employee can separately agree, under contract, to an annualised salary as part
of an offer of employment.
24. Salary Sacrifice
24.1 The objective is to provide employees with a
greater flexibility in the method of how they wish their annual salary to be
paid. Salary sacrifice is the
substitution of salary for non-salary benefits.
This facility is provided on the basis that the total cost to the
employer will be no greater than the employee's current Award prescribed
salary.
24.2 The application of salary sacrifice will be
in accordance with the provisions of the City’s Salary Sacrifice Policy and
arrangements will always be subject to Australian Taxation Office approval and
cost neutrality to the City.
24.3 To access this provision the employee must
comply the following steps:
24.3.1 organise the necessary financial arrangements
themselves; and
24.3.2 provide all the necessary information and
authorisation to the City for processing.
24.4 The employee’s total annual salary must be
equal their prescribed Award annual salary.
24.5 The value of the benefits shall be agreed
between the City and the employee and will include fringe benefits tax where
applicable.
24.6 The benefits to be salary sacrificed and their
value will be in writing and signed by both the City
and the employee.
24.7 In the event that changes in legislation,
Income Tax Assessment Act determinations or rulings remove the City's capacity
to maintain the salary sacrifice arrangements offered to employees through this
agreement, the City will be entitled to withdraw, or modify arrangements, from
the salary sacrificing arrangements by giving notice to each affected employee.
25. Payment and Payroll Deductions
When wages are
paid
25.1 Unless otherwise agreed, payment of wages
will be:
25.1.1 on a fortnightly basis for Salary Employees;
25.1.2 on a weekly basis for Wages Employees.
Account
Maintenance
25.2 All net pays will be deposited into the employee
nominated account at an Australian financial institution.
25.3 Employees must supply full and complete
details of the nominated account to the City prior to
the Wednesday before the next payday.
The City reserves the right to limit the definition and number(s) of
financial institutions which can be nominated.
Payroll
deductions
25.4 The City may make payroll deductions as
authorised in writing by the employee, or in accordance with any court,
legislative, Australian Tax Office or other valid order imposing a legal
obligation on the City to comply.
25.5 The City recognises that payroll deductions
of union dues, in normal circumstances will not be considered for removal. If
the City considers that exceptional circumstances exist that would warrant a
change to this policy, the City will firstly notify the Industrial Relations
Commission (IRC) and the affected Union of any future intention to remove
payroll deductions and would maintain the status quo until such time as the IRC
has considered the issues in dispute.
Wet weather
provisions
25.6 An employee will not lose salary owing to
wet weather when the employee:
25.6.1 reports for and continues working until such
time as the supervisor orders work to cease; and
25.6.2 stands by as directed; and
25.6.3 recommences duty as directed.
PART FIVE - ALLOWANCES
26. Higher Duties
Higher duties
allowance
26.1 Except as provided for below, when performing
Higher Duties, the employee will be paid the difference between their normal
salary and the base rate of the position in the higher salary (in addition to
the employee's normal salary) (the higher duties allowance).
Vacant position
26.2 If an employee has been required to perform
Higher Duties for three (3) months or more in a vacant position, the City will
take the necessary steps to make a permanent appointment to the higher
position. A position is not vacant if
the incumbent is absent on leave (such as for Personal/Carer’s Leave, Long
Service Leave, Parental Leave) or approved leave without pay.
Wages Employees
26.3 A Wages Employee who is directed to perform
Higher Duties for one or more of their ordinary daily working hours will receive:
26.3.1 The minimum of the grade they are acting in; or
26.3.2 If the difference between their substantive
rate of pay and the minimum of the acting grade is less than 3% difference, the
employee should receive 3% more than the entry level of the grade they are
acting in,
for the whole
of the day.
Salary Employees
26.4 If a Salary Employee is directed to take on
additional duties to provide short term relief (less than three (3) months) for
another position in the same salary band, an allowance may be paid at the
discretion of the City for the time the additional duties are performed.
26.5 Periods of performing Higher Duties of less
than four (4) consecutive working days will not be taken into
account for the purposes of calculating the higher duties allowance for
Salary Employees. Public holidays will
be deemed to be working days for the purposes of this clause in accordance with
clause 17.
26.6 Part-time Salary Employees whose ordinary
days per week are four (4) days or less, are eligible for the higher duties
allowance when they perform Higher Duties consecutively for their agreed
ordinary working days in the week.
26.7 A Salary Employee may be paid a proportion of
the higher duties allowance equivalent to the proportion of functions performed
in the higher salary band position.
27. Meal Allowance
27.1 An employee (including casual) required to
work a continuous period of overtime will be paid a meal allowance as follows:
27.1.1 Overtime in continuance of ordinary working
hours:
(a) $16.98 on completion of two (2) hours;
and
(b) A further $16.98 on completion of each
subsequent four (4) hours thereafter.
27.1.2 Overtime which commences and terminates outside
of ordinary working hours:
(a) $16.98 on completion of four (4) hours;
and
(b) A further $16.98 on completion of each
subsequent four (4) hours thereafter.
27.2 An employee required to work overtime in
connection with a meeting of the City or a Committee of the City beyond 5:45 pm
on any day, Monday to Friday inclusive, will be paid a meal allowance of $16.98
but will not be entitled to a further meal allowance until the completion of
four (4) hours overtime.
Continuity of
overtime
27.3 For the purpose of calculating meal
allowance:
27.3.1 A crib break or a meal break is not an
interruption to the continuity of overtime.
27.3.2 For Salary Employees, overtime worked both
before normal starting time and after finishing time, in extension of ordinary
working hours, will be treated as separate overtime periods.
27.3.3 For Wages Employees, overtime worked in several
separate periods outside ordinary working hours shall be regarded as
continuous.
28. General Allowances
Annualisation
of allowances
28.1 By agreement of the majority of employees in
a designated work group and the City, general
allowances (other than meal and on-call allowances) may be annualised into
rates of pay. Those allowances are
detailed in this clause and in Appendix 3.
On-call
allowance
28.2 A Salary Employee who is at Salary Band 5 or
below, or a Wages Employee, who is directed by the City to be available for
emergency and/or breakdown work, outside the employee's ordinary working hours,
will be entitled to an on call allowance, with the
following conditions:
28.2.1 When on call the employee is
required, upon receiving a call out, to proceed directly to and from the job;
28.2.2 When on call the employee will be
contactable, and physically able to respond to a call within a reasonable time
considering the nature of being on call for emergency and breakdown situations;
28.2.3 An employee on call will not be
required to be constantly available beyond a period of four (4) weeks where
other employees are available. Where
other employees are not available, the employee concerned will have at least
one (1) weekend (two (2) consecutive days) off duty in each period of four (4)
weeks, without reduction of the allowance paid;
28.2.4 A call out is that period from the
time the employee receives a call(s), to the time the employee finishes work in
connection with such call(s) and arrives at home or other authorised place, and
includes the work involved in any further call(s) for service which the
employee may receive whilst out on duty or upon arrival at home or such other
authorised place, the recording of information relating to the work, and all
other actions necessary to satisfactorily complete the work;
28.2.5 On call will not include periods of
pre-arranged overtime;
28.2.6 An employee required to work during
the eight (8) hours immediately preceding their usual starting time, may defer
the starting time by a period up to the actual time worked;
28.2.7 The payment of this allowance will
be calculated on a daily basis. Where the on-call requirement covers more
than one (1) day the majority of the day on which the call out occurs will form
the basis for payment;
28.2.8 The on call
allowance will be $9.17 per day Monday to Friday, and $18.34 on Saturday,
Sunday and public holidays;
28.2.9 In addition to the prescribed
allowance, the employee will be paid double time for the time required to complete
each call-out, with a minimum of one (1) hour for each call out;
28.2.10 Where the employee is required to
work on a roster, the allowance will be divided by the proportion of the number
of weeks on duty in any rolling period and paid in equal amounts for each week
in such period; provided that an employee who is required to perform extra duty
at any time during the employee's usual rostered off period shall receive
payment for such extra duty, in accordance with this clause, in addition to the
amount calculated in accordance with this sub-clause;
28.2.11 Emergency and/or breakdown work
includes returning to safe and proper operating conditions any plant and
equipment which has failed, or is likely to fail, in service, and/or performing
maintenance work which is of such an urgent nature that if not carried out or
temporary repairs are not affected, may have serious consequences for the
City's operations. It also includes
emergency work related to alleviating distress or hardship, and without limiting
this generality includes noise complaints, and matters related to public health
and safety;
28.2.12 The employee will be granted an
additional day’s annual leave for each public holiday required to be on call;
28.2.13 An employee who is in receipt of an on call allowance and is directed to be available to:
(a) Respond to phone calls or messages;
(b) Provide advice over the phone;
(c) Arrange call out/rosters of other
employees; and
(d) Remotely monitor and/or address issues by
remote telephone and/or computer access
will be paid
at their Ordinary Rate of Pay for the hours worked with a minimum payment of
two (2) hours, providing that any subsequent work performed remotely within the
two (2) hour period will not attract an additional payment.
28.2.14 Notwithstanding the qualifying
provisions outlined above, Employees at Salary Band 6 or above who received on
call allowance prior to the making of this Award may continue to receive the
allowance for six months after the making of the Award.
Travelling
allowance for official business
28.3 An employee required to travel inter or
intra state for official business will be entitled to the provisions of the
City's travel and conference policies.
28.4 Where an employee is required to work
overtime while being paid this allowance, the meal allowance provisions at
clause 27 will not apply.
Community
language & signing work allowance
28.5 Where an employee is required to provide a language
service to speakers of a language other than English, or to provide signing
services to those with hearing difficulties as a regular part of their normal
duties, the employee will be paid an allowance of $20.05 per week, which will
be a flat-rate allowance (i.e. not paid for all
purposes).
28.6 This work will require the employee to act
as a first point of contact for people requiring these services. The employee identifies the customer's area
of inquiry and provides necessary assistance to successfully conclude the
customer service requirement.
28.7 The allowance will only be paid to an
employee where the need is specified as an essential requirement of the
employee’s position description and/or this service requirement for an employee
has been approved by the Director Workforce and Information Services.
First aid
allowance
28.8 An employee, who holds a First Aid
Certificate from the St. Johns Ambulance Association or equivalent, may be
nominated by the City as a First Aid Officer to assist
with on-site first aid, if needed.
28.9 All Wages Employees and those Salary
Employees classified in Salary Bands 1 to 6 who are nominated as a First Aid
Officer will receive an allowance of $2.23 per day.
28.10 The following employees will not receive a first
aid allowance:
28.10.1 Salary Employees classified in Salary
Band 7 and above who are nominated as a First Aid Officer; and
28.10.2 Salary Employees who are required to
hold a First Aid Certificate from the St. Johns Ambulance Association or
equivalent as a condition of their employment.
Crew Leader
Allowance
28.11 This subclause applies to any Wages Employees
appointed to the position of Crew Leader or Emergency Services Officer (ESO).
28.12 In
recognition of the supervisory duties, these employees will receive an annual
allowance of $4,351.32. The allowance will increase in accordance with clause
22.3 of this Award.
28.13 The allowance is paid in addition to the Wages
Employee’s Ordinary Rate of Pay. If the
Crew Leader or ESO has reached the maximum classification of Grade B, the
allowance is to be applied in addition to this amount.
28.14 The allowance will be paid on all leave except
leave without pay.
28.15 The allowance does not attract shift penalties
as outlined in clause 15 of the Award.
It will be paid in accordance with clause 28.12 above regardless of the
type of shift the employee is engaged in.
28.16 The allowance will be paid as a flat hourly
rate for all hours of overtime worked.
It will not be included in the base rate when calculating overtime. For example: four (4) hours of overtime on
Saturday = $2.13 x 4 = $8.52 (the crew leader allowance for Saturday overtime).
28.17 The following provisions apply in respect of
payment of the allowance to employees while acting in Crew Leaders and ESO
positions:
28.17.1 Employees acting in Crew Leaders and
ESO positions will only receive the allowance when worked as a daily rate.
28.17.2 The allowance is treated as a higher
duties allowance as per the Award.
28.17.3 Clause 17.4 of the Award will also
apply (employee must work the day before and after non-worked public holiday to
be paid for the public holiday at the higher rate).
28.17.4 The allowance does not attract
penalties for shift work or public holidays as outlined in clause 15 of the
Award. The allowance will be paid at the
applicable daily rate regardless of type of shift the employee is engaged in.
28.17.5 The allowance will be paid as a flat
rate hourly rate for all hours of overtime worked. It will not be included in
the base rate when calculating overtime.
For example: four (4) hours of overtime on Saturday: $2.13 x 44 = $8.52
(Crew Leader allowance for Saturday)
Assessor
allowance
28.18 This subclause applies to Wages Employees who:
28.18.1 are classified at Grade B; and
28.18.2 have been selected to assess the
competency of other employees on plant and equipment; and
28.18.3 hold the appropriate qualifications,
skills and experience to assess employees as determined by the City.
This subclause
does not apply to Crew Leaders and ESOs and Wages Employees in Grades A, C and
D.
28.19 Employees will be selected through a local EOI
process to the work group and will be allocated to the role for a specific
period as determined by the City. The number of assessors required, and the period of time required from each assessor is at the sole
discretion of the City.
28.20 During the period an employee is selected and
allocated as an assessor, the employee is required to be willing and able to
complete assessments of employees when required by their manager.
28.21 In exchange for meeting the above requirements
and performing those assessor duties, the employee will receive an annual
allowance of $4,351.32. The allowance
will increase in accordance with clause 22.3 of this Award.
28.22 The allowance will be paid weekly for the
period the employee is selected and allocated to the assessor role.
28.23 The allowance is paid in addition to the
employee’s ordinary wages. If the
employee has reached the maximum of Grade B, the allowance is to be applied in
addition to this amount.
28.24 The allowance is not paid on any leave.
28.25 The allowance is not paid during overtime
shifts unless the overtime shift is to perform competency assessments during
the overtime shift. If the allowance is paid while on overtime the allowance
will be paid as an hourly flat rate (presently, $2.13 per hour) for all hours
of overtime worked. It will not be
included in the base rate when calculating overtime. For example: four (4) hours of overtime on
Saturday: $2.13 x 4 = $8.52 (Assessor Allowance for Saturday).
28.26 The allowance is treated as higher duties allowance
as per the Award. Clause 17.4 of the
Award will also apply (employee must work the day before and after a non-worked
public holiday to be paid for the public holiday at the higher rate).
28.27 The City may end the period an employee is
required to be an assessor at any time by providing one (1) days’ notice.
Tools and tool
allowance
28.28 Wages Employees in the following groups of
tradespersons will be paid tool allowances in accordance with Appendix 2:
28.28.1 Building and Tradespersons required
to provide their own tools for:
(a) French polishing or painting;
(b) Bricklaying or tiling;
(c) Plastering; and
(d) Carpentry and/or wood machining work;
27.28.2 Electrical Tradespersons;
27.28.3 Mechanical Tradespersons (including
former auto-electrician, fitter, mechanical Tradesperson (special class), motor
mechanic, air-condition fitter and field service fitter;
27.28.4 Plumbing/Drainage Tradespersons; and
27.28.5 Vehicle Fabricator Tradespersons
(including a vehicle body fabricator, panel beater and welder).
28.29 The City will provide all necessary tools for
Wages Employees, with the following exceptions:
28.29.1 Rather than providing all necessary
tools, City may pay the tool allowance prescribed above; and further
28.29.2 Where a tradesperson is paid the tool
allowance, the City will still provide the following tools for each trade as
detailed in clause 28.30 below.
28.30 The
City will provide the following trade tools:
28.30.1 Bricklayers: Scutch combs, hammers
(excepting mash and brick hammers) rubber mallets and T squares;
28.30.2 Carpenters: Dogs and cramps of all
descriptions, bars of all descriptions over 24 inches long, augers of all
sizes, star bits, and bits not ordinarily used in a brace, hammers (except claw
hammers and tack hammers) glue pots and glue brushes, dowel plates, trammels,
hand thumb screws and soldering irons;
28.30.3 Plumbers: Metal pots, mandrills, long
dummies, stocks and dies for iron, copper and brass pipes cutters, tongs,
vices, taps and drills, ratchets, files, cramps, caulking tools, hacksaws and
blades, welding and brazing outfits including goggles where necessary and all
shop tools;
28.30.4 Painters: All brushes and dusters;
and
28.30.5 Electricians: All sizes of twist
drills, masonry drills, special size wood bits, taps, tap holders, stocks and
dies, hammers, other than a 2lb. Ball and claw hammer, all hacksaw blades,
files, saws other than keyhole, electric drills, extension equipment spanners,
scutch combs, scutch chisel and other expendable tools or equipment which may
be required by the employee from time to time to carry out their duties in a
satisfactory manner.
Loss of tools
28.31 The City will insure and keep insured against
loss or damage by fire or theft whilst on the City’s premises the employee's
tools as used by the employee in the course of employment.
28.32 The City will provide a suitable and secure
weatherproof lockup for the purposes of storing an employee's tools on the job.
Educational
Leader Allowance
28.33 An educational leader’s allowance of $4022.05
per annum will be paid to an employee who is required to discharge the
responsibilities of the educational leader under Regulation 118 of the
Education and Care Services National Regulations.
29. Travelling Time and Expenses
29.1 The provisions of this clause do not apply
to:
29.1.1 employees employed prior to 9 June 2018 in the
previous classifications, grades and levels of Refuse Collection and Disposal
Group which is now known as the Cleansing and Waste Unit;
29.1.2 employees whose substantive role is outside the
Cleansing and Waste Unit in respect of any period when they perform work for
the Cleansing and Waste Unit in the Cleansing and Waste classifications; or
29.1.3 any employee who commenced employment on or
after 9 June 2018.
29.2 For
all other employees, the time occupied in travelling to and from work in
accordance with clauses 29.6, 29.7, 29.8 and 29.9 will be paid at the following
rates:
29.2.1 Monday to Friday inclusive, except Public
Holidays - Ordinary Rate of Pay.
29.2.2 Saturdays, Sundays and
Public Holidays - time and a half Ordinary Rate of Pay.
29.3 The City is not liable for travelling time in excess of three (3) hours at the appropriate rate.
29.4 Travelling expenses reasonably and
necessarily incurred in accordance with clause 29.2 will be reimbursed, based
on expenses which are or would be incurred in travelling by normal means of
public transport. The City
is not liable for travelling expenses in excess of $16.80 on any day.
29.5 Travelling expense rates will be adjusted
(up to the nearest ten cents) in line with variations to metropolitan public
transport ticket prices.
29.6 An
employee required, for the purposes of ordinary working hours, to travel
between their home and place of employment a fixed number of times in each pay
period, and who is required to travel in excess of
such number of times, will be paid for the time occupied in such excess travel.
29.7 An
employee required to work at a location outside the boundaries of the City will be paid the additional time spent travelling
between home and the location which is in excess of their normal home to work
travelling between the Town Hall, Sydney and home (to a maximum of 3 hours).
The employee will also be entitled to travelling expenses calculated on the
same basis. This payment will be provided for six (6) months only.
29.8 An
employee required to work at a location which is not their normal place of work
within the boundaries of the City will be paid for the
time spent travelling between the location and home where it is more than 20
minutes otherwise spent travelling between the Town Hall, Sydney and home. This payment will be provided for six (6)
months only.
29.9 An
employee who is required to commence and/or cease duty at a location other than
the workshop or depot they are normally attached to will be reimbursed for any
additional expenses incurred in travelling between home and such location.
PART SIX - LEAVE
PROVISIONS
A casual employee
has no entitlement to leave under this Part unless expressly specified.
30. Annual Leave
30.1 Annual leave:
30.1.1 provides employees with an opportunity to rest
and recuperate from work; and
30.1.2 is expected to be taken each year, with
employees co-operating with their managers and the City
to plan the taking of annual leave to allow them to rest and recuperate.
Entitlement
30.2 A full-time employee (other than a casual
employee) is entitled to four (4) weeks of paid annual leave (or the hourly
equivalent thereof) for each year of service.
30.3 A Rotating Shift Worker who cycles through
morning, afternoon and/or night shifts and works two Saturdays and/or two
Sundays in every four (4) weeks is entitled to five (5) weeks of paid annual
leave (or the hourly equivalent thereof) for each year of service.
30.4 An employee’s entitlement to paid annual
leave:
30.4.1 accrues progressively throughout the year of
service according to the employee’s ordinary hours of work; and
30.4.2 accumulates from year to year.
30.5 A part-time employee is entitled to an
annual leave on a pro-rata basis to the equivalent full-time entitlement.
30.6 Where a public holiday occurs during any
period of annual holidays taken by an employee, the employee is not taken to be
on annual leave that day.
Annual leave
loading
30.7 Wages Employees will be paid a loading
equivalent to 17.5% of their Ordinary Rate of Pay for annual leave accruing.
30.8 Wages Employees who have worked Shift Work
for 42 weeks in a period of 12 months will be paid the greater of the above
leave loading or the penalty rate which would have otherwise applied during
their leave.
Taking of leave
30.9 Annual leave may be taken at a time agreed
by the City and the employee.
30.10 Employees are encouraged to request the taking
of annual leave where possible at least one (1) month in advance of the date
from which they propose to commence leave.
30.11 Annual leave should be taken:
30.11.1 each year, in full or as close as to;
and
30.11.2 in one or two periods, to allow a
proper opportunity to rest.
30.12 Annual leave may, subject to operational requirements,
be taken in single day periods.
30.13 Annual leave may be postponed, and accrued, up
to forty (40) days, in special circumstances with the agreement of the City, on
the basis the employee has a plan to take that accumulated leave.
30.14 The City may:
30.14.1 in the first instance, direct an
employee to take annual leave where the employee has annual leave in excess of their yearly entitlement; or
30.14.2 if an employee does not book annual
leave in a reasonable time, roster the taking of annual leave,
by giving at
least eight (8) weeks prior notification.
30.15 The City may also give notice for the taking
of annual leave for an annual close down of the
business unit, for example over the Christmas/New Year period. The City will give eight (8) weeks’ notice to
employee of any such shut down. If an
employee does not have an entitlement to cover the period of the close-down,
the employee may take leave without pay, or by agreement with the City may take annual leave in advance before the entitlement
becomes due, with such annual leave to be repaid from the employee's
termination pay if they leave early.
Payment of leave
30.16 The employee will be paid annual leave at
their Ordinary Rate of Pay.
30.17 If the employee has received a higher duties
allowance or extra duties allowance for at least three (3) months immediately
preceding the taking of leave and has not ceased to do such work for a period,
or a total of several separate periods exceeding the employee's ordinary
working week in the higher position, the employee will be paid for the period
of annual leave at the salary or wage applicable to the higher or extra duties.
30.18 At the cessation of employment, the employee
will be paid their accrued but untaken annual leave balance at their Ordinary
Rate of Pay.
Pay in advance
for annual leave
30.19 An employee may elect to be paid annual leave
in advance, provided that the minimum period of annual leave that will be paid
in advance is one (1) whole pay period.
Leave with pay
for Commonwealth or State sporting representation
30.20 An employee selected to represent the
Commonwealth or State in sport, may be granted leave with pay under this clause
for a period not exceeding four (4) weeks. Where this leave is granted, the
leave will be deducted from annual leave accrued to the employee within the
ensuing twelve (12) months under the provisions of this clause.
31. Personal/Carer’s Leave
31.1 Personal/carer’s leave is taken by an
employee if:
31.1.1 the employee is not fit to perform their work
because of a personal illness or injury affecting the employee; or
31.1.2 the employee is unable to work as they need to
provide personal care or support to an Immediate Family Member, or a member of
the employee's household, who requires the employee’s care or support because
of:
(a) a personal illness, or personal injury,
affecting the member; or
(b) an unexpected emergency
affecting the member.
31.2 Personal/carer’s leave may also be used to
visit a qualified medical practitioner to obtain advice or treatment, or when
unable to work due to restrictions imposed by the Commonwealth or State in
respect of contact with a person suffering an infectious disease.
31.3 In normal circumstances, personal/carer’s
leave is not to be taken where another person is caring for the member.
31.4 For the purpose of providing care and
support in accordance with Clause 31.1.2, an employee may request to utilise
accrued annual leave, long service leave, time off in lieu, and leave without
pay once all other paid leave is exhausted.
Entitlement
31.5 A
full-time employee is entitled to the following paid personal/carer’s leave:
|
Period of service
|
Entitlement
|
|
On commencement
of employment
|
10 days
|
|
On completion of the
first year of service
|
15 days
|
|
On completion of
each year of service up to five years
|
15 days
|
|
On completion of
each year of service on and after five years
|
18 days
|
31.6 An employee’s entitlement to paid
personal/carer’s leave:
31.6.1 accrues progressively throughout the year of
service according to the employee’s ordinary hours of work; and
31.6.2 accumulates from year to year.
31.7 A part-time employee is entitled to personal/carer’s
leave on a pro-rata basis to the equivalent full-time entitlement.
31.8 Where a public holiday occurs during any
period of personal/carer’s leave taken by an employee, the employee is not
taken to be on leave that day.
Notification of
absence
31.9 An employee must:
31.9.1 as soon as practicable, and preferably before
the commencement of work, give notice to the City of:
(a) their absence from work on
personal/carer’s leave; and
(b) the period, or expected period, of the leave;
(c) the reasons for taking such leave,
including details of any caring responsibilities; and
31.9.2 provide, if requested, evidence that would
satisfy a reasonable person that the leave was taken for the purpose of
personal/carer’s leave.
31.10 If it is not practicable for the employee to
give prior notice of absence, the employee will notify the City
at the first opportunity on the day of the absence.
Evidence
requirements
31.11 Employees are required to provide proof of
illness, injury or unexpected emergency when:
31.11.1 The Employee is absent for more than
two (2) consecutive working days;
31.11.2 after the Employee has had three (3) unsupported
periods of absence in a year of service (each not exceeding two (2) days); or
31.11.3 the City
otherwise requires the employee to provide proof of illness or injury having
regard to the employee’s pattern of personal/carer’s leave and/or the amount of
personal/carer’s leave taken by the employee. The City
must provide the employee with prior written notice of this requirement.
31.12 The type of proof of injury or illness
required by the City must be reasonable having regard
to the circumstances and may include, for example, the following:
31.12.1 certification from a qualified
medical/health practitioner clearly stating the employee was not fit to perform
their normal duties and the dates of incapacity; or
31.12.2 a statutory declaration from the
employee to the same effect.
Recrediting of
leave due to illness or injury
31.13 An employee who becomes ill or injured whilst
on annual or long service leave is entitled to have the leave recredited and
replaced with personal/carer’s leave subject to the City
being satisfied that:
31.13.1 the illness or injury resulted in the
employee being unable to derive benefit from the leave, and
31.13.2 the illness or injury did not arise
from the employee engaging in other employment, and
31.13.3 the period of illness or injury is at
least five (5) consecutive working days, and
31.13.4 the employee has enough
personal/carer’s leave to cover the period of illness or injury.
31.14 The City may require the employee to provide
satisfactory medical evidence to justify the recrediting of leave.
Casual
employees and personal/carer’s leave
31.15 Casual employees have no entitlement to paid
personal/carer’s leave.
31.16 Casual employees are entitled to not be available
to attend work, or to cease work if they need to care for a person who is sick
and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child. Any such absence is unpaid.
31.17 The City and the employee will agree on the
period for which the employee will be entitled to not be available to attend
work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours (i.e. two (2) days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
31.18 The City must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of the City to engage
or not engage a casual are otherwise not affected.
Payment of leave
31.19 Personal/carer’s leave is subject to the City being reasonably satisfied the illness or injury
justifies time off work (and does not otherwise arise from engaging in
professional (fee/monetary gain) sport activities).
31.20 The employee will be paid personal/carer’s
leave at their Ordinary Rate of Pay.
31.21 Where an employee is receiving a higher duties
allowance for a period of three (3) months or more, the employee will be paid
for the period of personal/carer’s leave at the Ordinary Rate of Pay applicable
to the higher duties for a maximum of 20 working days.
Fitness for duty
31.22 The City, at any time, may require employees
to attend a qualified medical practitioner nominated and paid for by the City to assess the employee's fitness for work. Attendance of appointment must be within
ordinary hours where possible and the employee will be paid at their ordinary
rate.
31.23 If the employee disagrees with the opinion of
the City’s practitioner, a duly qualified medical practitioner will be sought
as a referee.
31.24 The medical practitioner will be agreed on by
the Chief Executive Officer of the City and the Secretary of the relevant
Union.
31.25 The certificate of the referee medical
practitioner will be accepted by all parties as final and conclusive of the
matter in dispute.
31.26 If the second opinion substantially agrees
with the first opinion, the employee will pay the costs of the second
opinion. Otherwise, the City will pay for the costs of the second opinion.
Payment on
retirement
31.27 In the case of an employee who agrees to
retire from employment and:
31.27.1 has reached an age of 58 years; or
31.27.2 has reached the retirement age specified
from time to time in the State Authorities Superannuation Act 1987 (NSW);
the employee
will be paid the monetary value of all accumulated untaken personal/carer’s
leave that accrued prior to 14 February 1993 subject to such payment not
exceeding a maximum entitlement of:
31.27.3 1,976 hours untaken personal/carer’s
leave in the case of an employee whose ordinary working hours average 38 per
week over a work cycle; or
31.27.4 1,885 hours untaken personal/carer’s
leave in the case of an employee whose ordinary working hours average 36.25 per
week over a work cycle,
and which will
include any such personal/carer’s leave paid immediately preceding retirement.
Payment on death
31.28 In the case of an employee who dies, the City
will make payment in accordance with clause 43 equivalent to the monetary value
of all accumulated untaken personal/carer’s leave which the deceased would have
been entitled under this clause (i.e. that accrued
prior to 14 February 1993) subject to such payment not exceeding a maximum
entitlement of:
31.28.1 1,976 hours untaken personal/carer’s
leave in the case of an employee whose ordinary working hours average 38 per
week over a work cycle; or
31.28.2 1,885 hours untaken personal/carer’s
leave in the case of an employee whose ordinary working hours average 36.25 per
week over a work cycle,
and which will
include any such personal/carer’s leave paid immediately preceding death.
31.29 In the event of an employee’s death, the City will make an additional $2,000 payment to the
employee’s next of kin as soon as practicable.
32. Refund of Personal/Carer’s Leave
32.1 Where an employee has been paid
personal/carer’s leave or accident pay, and their incapacity for work has
resulted from an injury sustained under circumstances creating a legal
liability for damages in some person other than the City, and the employee
recovers the damages in respect of the injury, the employee will refund to City
the amount of personal/carer’s leave and accident pay paid by City.
32.2 If the damages recovered by the employee are
reduced in accordance with the provisions of section 10(1) of the Law Reform
(Miscellaneous Provisions) Act 1965 (NSW), as amended by the Administration
of Justice Act 1968 (NSW), the amount of personal/carer’s leave to be
refunded to the City will be reduced to the same extent as the damages
recovered by the employee.
33. Parental Leave
Relationship
with federal legislation
33.1 This clause will apply in addition to
Chapter 2, Part 2-2, Division 5 - ‘Parental leave and related entitlements’ of
the National Employment Standard (NES) under the Fair Work Act 2009 (Cth).
|
Note: Division 5 of the Fair Work Act 2009 (Cth) relates to:
•
unpaid parental leave, including unpaid adoption leave
•
unpaid special parental leave
•
transfer to a safe job and no safe
job leave
|
33.2 Parental leave includes parental leave,
paternity or partner leave and adoption leave.
33.3 An employee is only entitled to parental leave
if the employee has had at least twelve (12) months continuous service.
33.4 Parents
cannot take parental leave at the same time except periods of short paternity
or partner leave or periods of short adoption leave.
Unpaid leave
entitlement
33.5 An employee is entitled to a total of
fifty-two (52) weeks unpaid parental leave in connection with the birth or
adoption of a child.
33.6 Parental leave is not to extend beyond one
(1) year after the child was born or adopted.
Paid parental
leave
33.7 An employee who is pregnant is entitled to:
33.7.1 eighteen (18) weeks full pay; or
33.7.2 thirty-six (36) weeks half pay,
from the date
parental leave commences.
Partner Leave
33.8 Partner leave is leave taken by an employee
in connection with the birth of a child of the employee or the employee's
spouse or defacto spouse (being a child born because
of the pregnancy of that spouse).
33.9 Partner Leave consists of up to four (4)
weeks leave on full pay or eight (8) weeks on half pay at the time of birth of
the child or termination of pregnancy (short leave in accordance with clause
33.4); and
33.10 A
further unbroken period including four (4) weeks on full pay or eight (8) weeks
on half pay in order to be the primary care-giver of
the child.
33.11 Partner leave is subject to the employee
providing a certificate from a qualified medical practitioner confirming the
employee's spouse or partner is pregnant and the expected date of birth. In
addition, in the case of paternity or partner leave taken in accordance with
clause 33.10 above, the employee must, before the start of leave, provide a
statutory declaration by the employee stating:
33.11.1 if applicable, the period of any
parental leave sought or taken by the employee's spouse or partner; and
33.11.2 that the employee is seeking that
period of extended paternity or partner leave to become the primary care-giver of their child.
33.12 The employee may request to return to work on
a part time basis up until the child reaches school age. A request to return to
work on a part time basis must be in writing and provided to the City at least four weeks before the employee’s return to
work date.
Adoption leave
33.13 Adoption leave is leave taken by an employee
in connection with the adoption of a child under the age of 16 years at the day
of the placement and who has not lived continuously with the employee or their
partner in the six (6) months prior (and is not otherwise a child of the employee
or the employee's partner).
Adoption of child
less than 5 years old
33.14 An employee who is entitled to adoption leave
and who is to be the primary care-giver of an adopted
child under the age of 5 years as at the day of the placement is entitled to 18
weeks at full pay or 36 weeks at half pay from the date the adoption leave
commences.
Adoption of child
aged between 5 to 16 years old
33.15 An employee, who is entitled to adoption leave
and who is to be the primary care-giver of an adopted
child aged between 5 years of age and less than 16 years of age as at the day
of the placement, is entitled to four (4) weeks at full pay or eight (8) weeks
at half pay from the date the adoption leave commences.
33.16 Where the adopted child has special needs or
circumstances in the child’s life, the City will not
unreasonably refuse to grant up to 18 weeks paid adoption leave at full pay or
36 weeks paid adoption leave at half pay.
33.17 For the purposes of this clause, spouse
includes a de facto spouse.
Weekly pay
calculation
33.18 The weekly rate of pay will be based on the
employee's substantive weekly wage averaged over the preceding 12 months.
Notification and
documentation
33.19 The employee should give at least ten (10)
weeks' written notice of their intention to take leave.
33.20 In the case of paid parental leave, paternity
or partner leave the employee must give four (4) weeks' written notice of the
dates on which the leave will commence and end.
33.21 In the case of adoption leave the employee
must give written notice of the dates on which the employee proposes to start
and end the period of leave as soon as practicable but at least 14 days before
proceeding on leave.
33.22 Requirements related to documentation and
evidence supporting leave will be in accordance with the City’s Parental Leave
Policy.
Request to
return to work part-time or extension of unpaid leave
33.23 An employee may request to:
33.23.1 return from a period of parental
leave on a part-time basis until the child reaches school age to assist in
reconciling work and parental responsibilities.
33.23.2 extend the period of simultaneous
parental leave up to a maximum of eight (8) weeks;
33.23.3 extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months.
33.24 Such requests must be made as soon as possible
but no less than four (4) weeks prior to the date upon which the employee is
due to return to work. The City may only refuse the
request on reasonable grounds related to the effect on the workplace or City's
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
33.25 The employee’s request and the City’s decision
will be recorded in writing.
Communication
during parental leave
33.26 Where an employee is on parental leave and a
definite decision has been made to introduce significant change at the
workplace, the City will take reasonable steps to:
33.26.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
33.26.2 provide an opportunity for the
employee to discuss any significant effect the change will have on the status
or responsibility level of the position the employee held before commencing
parental leave.
33.27 The employee will take reasonable steps to
inform the City 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.
33.28 The employee will notify the City of changes
of address or other contact details which might affect the City’s capacity to
comply with clause 33.26.1 above.
34. Bereavement Leave
34.1 Subject to the requirements below, all
employees (other than casual employees) are entitled to:
34.1.1 five (5) days of paid bereavement leave if an
Immediate Family Member dies;
34.1.2 two (2) day of paid bereavement leave if an
Extended Family Member dies; or
34.1.3 five (5) days of paid bereavement leave if the
employee experiences a miscarriage in the first twenty (20) weeks of gestation
or if their child is stillborn after twenty (20) weeks of gestation.
34.2 Subject to providing satisfactory evidence,
casual employees are entitled to not be available to attend work, or to cease
work upon the death of a person prescribed in clause 34.1. Any such absence is
unpaid.
34.3 Bereavement leave is to be taken as soon as
practicable from the date of the relevant death or at another time as agreed by
the City if required to attend to cultural and/or
funeral needs.
34.4 An employee taking bereavement leave must
provide the City with notice of their need to take
leave as soon as possible. The City may request that the employee provide evidence to
justify the taking of bereavement leave.
34.5 If the employee is already taking another
type of leave (such as annual leave), the employee may elect to use bereavement
leave instead.
35. Long Service
Leave
35.1 Long
service leave accrues after five (5) years of service, and
will be applied in accordance with the Long Service Leave Act 1955
(NSW), as amended from time to time, and the following provisions applicable
under this Award.
|
Length of Service
|
Accrued long service leave
|
|
|
Employee engaged prior to 22 August 1983
|
Employee engaged after 22 August 1983
|
|
After 5 years of
service
|
NA
|
6.5 weeks
|
|
After 10 years
of service
|
13 weeks
|
13 weeks
|
|
After 15 years
of service
|
19.5 weeks
|
21.5 weeks
|
|
After 20 years
of service
|
30.5 weeks
|
35 weeks
|
|
For every
further completed period of 5 years’ service
|
11 weeks
|
13 weeks
|
35.2 Long service leave will accrue in accordance
with the above table and proportionately for each completed month of service.
35.3 Long service leave will be taken at a time
mutually convenient to the City and employee.
Employees and the City should take account of operational and business needs
when scheduling long service leave, but in any event must give at least four
(4) weeks’ notice of their intention in regard to the
taking of long service leave.
35.4 For the purpose of calculating long service
leave entitlement in accordance with this clause, all prior continuous service
with any other council within New South Wales will be deemed to be service with
the City.
35.5 Continuity of service will be deemed not to
have been broken by transfer or change of employment from another council to
the City provided the period between cessation of
service with the former council and appointment to the City:
35.5.1 does not exceed three (3) months;
35.5.2 is covered by accrued annual and or long
service leave at the time of the transfer or cessation of employment; and
35.5.3 during this period, the employee concerned does
not engage in work of any kind.
35.6 When
an employee transfers from another council to the City,
the long service leave entitlement accrued by the employee may be transferred
to the City, provided the monetary equivalent of long service leave is paid
directly to the City by the other council at the time of transfer.
35.7 An employee transferring long service leave
entitlements in accordance with clause 35.6 must first complete one (1) year of
continuous service with the City before being eligible to claim long service
under the terms of clause 35.1.
35.8 Long service leave will be taken in periods
of not less than one (1) week.
35.9 Eligible
employees who are entitled to long service leave, may with the consent of the
City, cash out excess long service leave. For the purposes of this sub-clause,
excess long service leave means the long service leave that an employee has
accrued under the Award that is in excess of the long
service leave that the employee would have accrued if covered by section 4 of
the Long Service Leave Act 1955 (NSW), as amended from time to time.
35.10 "Eligible employee" means an employee
with at least ten (10) years continuous service with the City.
35.11 Each cashing out of an amount of excess long
service leave must be by separate agreement between the City
and the employee
35.12 Any excess long service leave cashed out in
accordance with clause 35.9 will be paid to the employee at the employee’s
Ordinary Rate of Pay.
35.13 The provisions of Clause 35 apply to casual
employees.
36. Family and Domestic Violence Leave
36.1 The City agrees to maintain a Domestic &
Family Violence Policy. Changes to the
policy will be determined by the City after following its ordinary processes of
consultation through the JCC.
37. Family Reunion Leave
37.1 An employee, other than a casual, able to
establish that they were adopted under a closed adoption practice is entitled
to up to five (5) days family reunion leave from their accumulated
personal/carer’s leave balance to reunite with their biological parent(s) for
the first time.
37.2 For the purpose of this clause, "closed
adoption" means an adoption whereby the record of the biological parent(s)
is kept sealed and the adopted child is thereby prevented from knowing the
identity of such biological parent(s).
38. Accident Pay
38.1 An employee is entitled to accident pay for
the period of their absence from work if such absence arises from circumstances
which give right to payment of compensation by the City under the Workers
Compensation Act 1987 (NSW).
38.2 An employee is entitled to accident pay for
a period of six (6) months from the expiration of full compensation under the
conditions of the Worker’s Compensation Act 1987 (NSW). An employee will
also be entitled to a further period of one (1) weeks’ accident pay for each
completed year of service as at the date of injury or accident.
38.3 Accident pay will be the amount of the
difference between the amount of compensation to which the employee is entitled
to under the Worker’s Compensation Act 1987 (NSW), and the employee’s Ordinary
Rate of Pay.
38.4 To
obtain accident pay, an employee will attend, at their own expense, as soon as
they are physically capable of doing so and at other times as directed for
examination by a City appointed medical practitioner,
or by a medical practitioner at their place of residence or hospital, as the
case may be.
38.5 If the employee is physically capable of
attending a medial appointment in accordance with clause 38.4 but fails to
attend, the City may refuse to pay the employee accident pay.
38.6 Where an employee has exhausted their
accident pay entitlement, the employee may elect to take any accrued
personal/carer’s leave with pay, equivalent to the accident pay that would
otherwise be payable under the provisions of this clause.
PART SEVEN - CESSATION
OF EMPLOYMENT
This Part does not
apply to casual employees unless specified below.
39. Notice of Termination
Employee notice
of termination
39.1 An employee will give to the City the following notice to terminate their employment:
39.1.1 Salary Employees at bands 1 to 6 or Wages
Employees will give to the City two (2) weeks’ notice to terminate their
employment.
39.1.2 Salary Employees at bands 7 to 10 of the Award
will give to the City four (4) weeks of notice to terminate their employment.
39.2 The City and an employee may agree to a
shorter period of notice.
Employer notice
of termination
39.3 The
City will give to an employee the following notice of termination or payment in
lieu thereof:
39.3.1 For Salary Employees at bands 1 to 6 or Wages
Employees the notice is set out in the following table:
|
Employee’s Period of Continuous Service
|
Period of Notice
|
|
Less than 2 years
|
At least 2 weeks
|
|
2 years and less
than 3 years
|
At least 3 weeks
|
|
3 years and less
than 5 years
|
At least 4 weeks
|
|
5 years and
beyond
|
At least 5 weeks
|
39.3.2 For Salary Employees at bands 7 to 10 of the
Award - four (4) weeks’ notice.
39.4 The City and an employee may agree to a
shorter period of notice.
39.5 In cases of serious misconduct, the City may summarily dismiss an employee following a proper
investigation and provided the employee is afforded procedural fairness. Where an employee is summarily dismissed,
clause 39.3 will not apply.
40. Discipline
40.1 Where an employee’s work performance or
conduct is considered unsatisfactory and/or unacceptable, the City’s Discipline
Procedure will be utilised.
40.2 The City’s Discipline Procedure provides a
process for parties to:
40.2.1 identify and discuss performance and conduct concerns;
40.2.2 respond to concerns/allegations with the
support and assistance of their Union;
40.2.3 rectify the problem; and
40.2.4 provide counselling and warnings (including on
a verbal and/or written basis) or other action, as required.
Suspension of an
Employee
40.3 At any stage during a disciplinary process,
the City may suspend an employee without pay for a period not exceeding one (1)
ordinary working week.
40.4 Suspension does not affect continuity of
service and the accrual of leave entitlements.
40.5 If, after the process is concluded, the
reasons for suspension are found to be inappropriate, the employee will not
suffer any loss of pay for the period of suspension.
40.6 The City may consider, and implement, the
following disciplinary outcomes following established poor work performance and
conduct:
40.6.1 demote the employee to a lower paid position or
a lower salary point/step;
40.6.2 suspend the employee without pay from work for
a maximum period of one working week; and/or
40.6.3 termination of employment for unsatisfactory or
unacceptable work performance or conduct.
40.7 The City or the employee may request the presence
of a Union representative as support at any stage during the disciplinary
process.
40.8 This procedure will not affect either
party’s right to institute the Dispute Settlement Procedures set out in Clause
44 of this Award, or to notify the Industrial Registrar as to the existence of
an industrial dispute.
40.9 Employees may have access to their personal
files and may take notes and/or obtain copies of the contents of the file.
40.10 In the event that an employee is of the
opinion that any disciplinary or other record contained on their personal file
is incorrect, out of date, incomplete or misleading, the employee may make
application to the Chief Executive Officer for the deletion or appropriate
amendment of such record.
41. Workplace Change and Redundancy
41.1 For employees who commenced before 5
November 2009, the conditions which apply are set out in Appendix 5.
Notification and
consultation
41.2 Where the City has made a definite decision
to introduce major changes in production, program, organisation structure or
technology that are likely to have significant effects on employees, the City will:
41.2.1 notify the employees who may be affected by the
proposed changes and the Unions to which they belong; and
41.2.2 discuss with the employee(s) affected and the
Union:
(a) the introduction of the changes; and
(b) what effects the changes are likely to
have on the employee(s); and
(c) the measures to avert or mitigate the adverse
changes on the employee(s); and
41.2.3 commence those discussions as early as
practicable after the definite decision has been made by the City
to make the changes.
41.3 "Significant effects" include
termination of employment, major changes in the composition, operation
or size of the City's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations, the restructuring of jobs and competitive
tendering. Provided that where this
Award makes provision for the alteration of any of these above effects, such an
alteration is taken not to have significant effect.
41.4 The City will give prompt consideration to
matters raised by the employee(s) and/or their Union in relation to the changes
and may reconsider its original decision.
41.5 For the purposes of the discussion, the City will provide to the employee(s) and the Union to which
they belong, all relevant information about the changes including the nature of
the changes proposed, the expected effects of the changes on the employee(s)
and any other matters likely to affect the employee(s). This includes any
proposed terminations including the reasons for the proposed terminations, the
number and category of employee(s) likely to be affected and the period that
terminations are likely to be carried out.
Competitive
tendering
41.6 "Competitive tendering" is the
calling of tenders by the City for the provision of services that are currently
being performed by the City’s employees.
In the circumstances, the City’s in-house service unit will be invited
to submit a bid as well as external providers.
The City will make its decisions based on the
tender bids received. Where a contract
is won by an in-house bid, an agreement stating the duration and other relevant
terms will be entered into.
41.7 For discussions concerning competitive
tendering, the City will provide to the employees and
union(s) to which they belong, all relevant information about the tendering
process including the nature of the service to be tendered, the proposed
timetable for the tender service, the expected effects on employees, a process
for the formulation of an in-house bid and any other matters likely to affect
the employees.
Redundancy
Processes
41.8 Except as provided in Appendix 5 for
employees who commenced before 5 November 2009, in the event that the City determines that position(s) are to be made redundant,
the City, where practicable, will firstly offer such redundancy on a voluntary
basis.
41.9 The City may look for redeployment options
for employees. Employees are expected
to:
41.9.1 actively co-operate with the City
to locate, and
41.9.2 accept reasonable offers of,
suitable
alternative employment obtained and or offered to them by the City as part of any measures to avert termination of
employment.
41.10 "Suitable alternative employment"
means a position within the City's organisation structure of comparable skill
and accountability levels and remuneration.
41.11 If the employee agrees to be redeployed by the
City into a lower paid position, the employee's existing salary and conditions
will be maintained for a period equivalent to the amount of notice and
redundancy pay below. Should the
employee resign during this period, the balance of any notice and redundancy pay that the employee would have been entitled to for the
remainder of the period will be paid on cessation of employment.
Redundancy
entitlements
41.12 Where an employee’s employment is to end by
reason of redundancy, they will be entitled to:
41.12.1 notice,
41.12.2 redundancy pay as prescribed below,
and
41.12.3 job search allowance,
as outlined
below, in addition to any leave entitlements ordinarily payable on termination.
41.13 For the purpose of calculating any payment
under the schedules contained in this clause "weeks
pay" means the Ordinary Rate of Pay for a week’s work for the employee
concerned except where an employee:
41.13.1 has been acting in a higher position
for a continuous period of at least twelve (12) months immediately preceding
the date on which the City decided the employee’s position was surplus to
requirements. In those circumstances the employees "weeks
pay" will be derived from the employee’s salary in a higher position at
that date; or
41.13.2 has been receiving an allowance (e.g. shift allowance) for a continuous period of at least
twelve (12) months immediately preceding the date on which the City decided the
employee’s position was surplus to requirements. In those circumstances the
weekly average amount of the allowance received during the twelve (12) month
period will be counted as part of the "weeks
pay".
41.14 For the purpose of calculating any payment
under the Schedules in this clause "years of service" means completed
full years of service from the date the employee commenced employment with the City.
Notice
41.15 An employee is entitled to five (5) weeks’
notice of termination, or payment in lieu, except in circumstances where an
employee is terminated because of the introduction of technology in which case
the employee is entitled to three (3) months’ notice of termination, or payment
in lieu or part thereof.
41.16 During a period of notice given by the City,
an employee will be allowed up to one (1) day off without loss of pay during
each week of the notice for the purpose of seeking other employment. Where required by the City
the employee will provide proof of attendance at an interview.
41.17 Notice or payment in lieu of notice for
redundancies will be deemed to be service with the council for the purposes of
calculating leave entitlements under this Award.
Redundancy
41.18 The City will be exempt from the operation of
this clause where the employee concerned has been offered, but has refused to
accept, suitable alternative employment within the City’s organisation
structure of comparable skill and accountability levels and remuneration no
less than the position previously held by the employee.
41.19 In addition to any required period of notice,
the employee will be entitled to the following table:
|
Completed years of service with the City
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less
than 2 years
|
5 weeks pay
|
|
2 years and less
than 3 years
|
9 weeks pay
|
|
3 years and less
than 4 years
|
13 weeks pay
|
|
4 years and less
than 5 years
|
16 weeks pay
|
|
5 years and less
than 6 years
|
19 weeks pay
|
|
6 years and less
than 7 years
|
22 weeks pay
|
|
7 years and less
than 8 years
|
25 weeks pay
|
|
8 years and less
than 9 years
|
28 weeks pay
|
|
9 years and less
than 10 years
|
31 weeks pay
|
|
10 years and
thereafter
|
34 weeks pay
|
41.20 An employee who resigns during the period of
notice is entitled to the same redundancy payments provided in this clause as
if they had remained in the City's employment until the end of the notice
period.
Job search allowance
41.21 A
redundant employee will be entitled to the payment of a job search allowance of
up to $2,783 to meet expenses associated with seeking other employment subject
to proof of expenditure or on production of an invoice, and/or other
appropriate documentation.
41.22 The employee’s entitlement to claim the job
search allowance is limited to a period of up to 12 months from their
termination of employment with the City or until the
employee secures alternative employment, whichever is the sooner.
41.23 This allowance is subject to annual increases
in accordance with this Award.
Written
statements
41.24 The City will, upon receipt of a request from
an employee, provide to the employee:
41.24.1 a statement of service specifying the
period of the employee's employment and the classification
or the type of work performed by the employee; and
41.24.2 an "Employment Separation
Certificate" in the form required by Centrelink.
Other acceptable
employment
41.25 Subject to an application by the City and further order of the Industrial Relations
Commission of New South Wales, the City may pay a lesser amount (or no amount)
of redundancy pay if the City otherwise obtains other acceptable alternative
employment for an employee (including when a transfer of business occurs).
Other matters
41.26 Nothing in this clause will be construed so as to:
41.26.1 require the reduction or alteration
of more advantageous benefits or conditions which an employee may be entitled
to under any existing redundancy arrangement, taken as a whole, between the
Unions and the City;
41.26.2 restrict an employee with ten (10)
years’ service or more and the City from agreeing to further severance
payments.
41.27 Employees who have left employment with the
City due to redundancy, will not be re-employed or engaged in any capacity
within the period comprising the maximum redundancy pay applicable to them from
their separation date. Exceptions to
this requirement may only be approved by the Chief Executive Officer and cannot
be sub-delegated. Where exceptions are
approved, employees who are re-employed or re- engaged will be made aware of
their financial responsibilities with respect to superannuation and redundancy
payments paid at concessional taxation rates.
42. Medical Retirement
42.1 Following examinations by two medical
practitioners, one of whom may be nominated by the employee, the City may be satisfied that the employee is permanently
medically unfit by reason of illness or injury to continue in the
employment. In this circumstance, the City may end the employment.
42.2 The employee and the City
may agree on the opinion of one medical practitioner.
42.3 Where the City elects to end the employment
before the employee has exhausted their personal/carer’s leave, the City will pay to the employee all accrued personal/carer’s
leave which the employee would be entitled to, but not exceeding:
42.3.1 for those employees of the City
as at 11 February 1980, a maximum of:
(a) 2,394 hours in the case of an employee
whose ordinary working hours average 38 per week over a work cycle; or
(b) 2,283.75 hours in the case of an employee
whose ordinary working hours average 36.25 per week over a work cycle,
which will
include any personal/carer’s leave paid immediately preceding medical
retirement; or
42.3.2 for those employees of the City
employed on and after 12 February 1980 and prior to 14 February 1993, a maximum
of:
(a) 1,976 hours in the case of an employee whose
ordinary working hours average 38 per week over a work cycle; or
(b) 1,885 hours in the case of an employee
whose ordinary working hours average 36.25 per week over a work cycle,
which will
include any such personal/carer’s leave paid immediately preceding medical
retirement; or
42.3.3 the number of ordinary working days or hours,
as the case may require, for which the employee otherwise would be entitled to
payment of salary between the date of proposed retirement on the grounds of ill
health and the date on which the employee normally would be required to
terminate their service with the City; whichever of (a) and (b) is the lesser,
provided further, that where the employee is satisfied to accept the opinion of
such medical representative of the City, the City will not be obliged to refer
the employee to a specialist.
43. Payment to Dependants of Deceased Employee
43.1 Where an employee dies, the City will pay any outstanding pay and leave entitlements
payable on termination to the estate of the deceased employee.
43.2 Where payment of the above has been made, no
action may be brought against the City for the payment
of those amounts.
43.3 This clause applies to casual employees.
44. Calculation of Service
44.1 In calculating service with the City, the following periods will be taken into account:
44.1.1 leave with pay approved by the City;
44.1.2 periods of absence without pay approved by the
City and not exceeding one (1) ordinary working week;
44.1.3 periods of annual leave, long service leave,
sick leave with pay or incapacity for work covered by the Workers' Compensation
Act 1987 (NSW) as amended from time to time;
44.1.4 previous periods of service which were not
terminated by resignation or dismissal; and
44.1.5 any period of leave without pay
for which an employee is indemnified by a third party for loss of salary for
the period of leave without pay.
Leave Without
Pay & Service Provisions
44.2 Periods of leave without pay will not be
regarded as service for the purpose of computing entitlements to annual leave
and long service leave and other service based
entitlements under this Award. Such periods of leave without pay will not
constitute a break in the employee's continuity of service.
PART EIGHT - OTHER MATTERS
This Part applies
to casual employees unless specified below.
45. Dispute Settlement Procedures
45.1 The parties to this Award are committed to
resolving disputes and grievances through co- operative consultation with one
another and joint problem solving.
45.2 To ensure that disputes and issues relating
to the provisions of this Award do not go unresolved and affect workplace
productivity and relationships, the parties commit themselves to the processes
of the City's dispute resolution process as detailed under this clause.
45.3 The dispute resolution process must be
entered into by the parties to this Award with the intention of preventing or
settling any grievance, complaint or dispute at the
workplace without industrial action or stoppage of work, and with a view to
ensuring that services to the public and ratepayers are maintained without
interruption or being affected in any way.
Procedures to
resolve workplace grievances, complaints or disputes
45.4 At all stages of the dispute resolution
process, employees will continue to perform work for the City as directed by
the City or its authorised representatives, without interruption or the
imposition of any bans or limitations, and in accordance with the provisions of
this Award and any relevant City policies.
The procedure to be followed is as follows:
45.5 To assist the expeditious resolution of
disputes, where matters of urgency are raised at an organised meeting of the
Union(s) the Manager, Human Resources Operations will be informed by an
official of the relevant Union(s) of the existence of the dispute. The Manager, Human Resources Operations, will
then inform the Executive Members concerned and, if need be, the Chief
Executive Officer. If the matter remains
unresolved, the Manager, Human Resources Operations, will arrange a conference
between the parties concerned or affected.
45.6 Nothing contained in this clause will
preclude the City or any of the Union(s) concerned from entering into direct
negotiations on any matter. During such
negotiations, except where they are concerned wholly or predominantly with a
genuine safety issue, work will be performed as directed by the City or its
authorised representative(s).
46. Employee Representatives
46.1 Employees (including casual employees) may
nominate an employee representative of their choice for any matter in which
they may need representation.
46.2 An "employee representative" means
an employee of the City covered by this Award, nominated by an affected
employee(s) of the City from time to time or the relevant Union official.
46.3 With written notification given to the City,
employee representatives will be allowed reasonable time from usual duties,
with pay, to represent employees during consultations.
46.4 While the City provides employee
representatives access to the City’s electronic mail system for the purposes of
carrying out functions under this Award, Information Technology policies apply
to all users of the City’s information technology facilities and acceptance of
the policies and associated rules governing the use of IT facilities is a
condition of use.
46.5 Employee representatives may, with the
approval of the City, hold meetings with the affected employees on the premises
of the City at times, durations and locations agreed, wherewith adequate
notice.
47. Union Delegate Training Leave
47.1 Union delegates may be granted leave of
absence with pay to undertake up to five (5) days training to enhance their
role in carrying out representation functions subject to the City’s operating
requirements and normal leave approval process.
47.2 The City may grant an additional two (2)
days leave of absence with pay a year where the Union demonstrates the extra
time is needed for the Union delegate to attend particular training that meets
the above requirements.
47.3 Accredited delegates to the Union(s) annual
conferences shall be granted paid leave for the duration of the conference
provided that the City’s operational requirements are met and the Union
notifies the City of the accredited delegates nominated to attend the
conference at least one month prior to the commencement of the conference.
47.4 This clause does not apply to casual
employees.
SECTION 4 -
APPENDICES
|
Appendix 1
|
Rates of Pay
|
|
Appendix 2
|
Annual Tool
Allowances
|
|
Appendix 3
|
General
Allowances and Conditions
|
|
Appendix 4
|
Key Policies
|
|
Appendix 5
|
Workplace Change,
Redundancy and Redeployment- Employees Commencing before 5 November 2009
|
Appendix 1
Rates of pay
SALARY DIVISION
|
Salary Band
|
Salary Range - effective first pay period
from on or after 1 July 2022
|
|
|
Minimum
|
Maximum
|
|
Band 1
|
$40,388
|
$64,212
|
|
Band 2
|
$66,157
|
$73,908
|
|
Band 3
|
$75,356
|
$85,351
|
|
Band 4
|
$87,116
|
$98,840
|
|
Band 5
|
$99,931
|
$112,144
|
|
Band 6
|
$114,750
|
$130,412
|
|
Band 7
|
$132,541
|
$148,526
|
|
Band 8
|
$151,419
|
$172,987
|
|
Band 9
|
$175,994
|
$197,600
|
|
Band 10
|
$201,401
|
$227,402
|
WAGES DIVISION
|
Grade
|
Salary Range - effective first pay period
from on or after
|
|
|
Minimum
|
Maximum
|
|
A
|
$54,900
|
$61,825
|
|
B
|
$64,311
|
$72,420
|
|
C
|
$72,822
|
$82,011
|
|
D
|
$82,345
|
$92,732
|
|
Apprenticeship Year
|
Base Annual Wage - effective first pay
period on or after
|
|
Year 1
|
$35,990
|
|
Year 2
|
$41,409
|
|
Year 3
|
$47,267
|
|
Year 4
|
$53,236
|
Appendix 2
Annual Tool
Allowances
|
Classification
|
Annual Rate - effective first pay period
after 1 July 2022
|
|
Bricklayer
|
$1,365
|
|
Carpenter and
Plumber
|
$1,839
|
|
Metal and
Mechanical Trades
|
$1,839
|
|
Painter and Sign
writer
|
$556
|
|
Plasterer
|
$1,561
|
|
Electrician
|
$1,227
|
|
Stonemason
|
$1,839
|
The above tool
allowances:
(a) are to be calculated on a weekly basis by
dividing the above annual amount by 52;
(b) are to be paid weekly to the employee
when performing work that attracts the allowance;
(c) are to be paid when the employee is on
paid leave;
(d) are to be paid in any payment for notice
and redundancy.
Appendix 3
General
allowances and conditions
PART A - Wages
Classification Allowances that may be annualised
A.1 The conditions, money and allowances
prescribed in this Part will not, except as otherwise expressly provided:
A.1.1 be regarded for the purposes of this Award ,
as part of the Ordinary Rate of Pay attaching to an employee's appointed,
classification or level;
A.1.2 be cumulative, where more than one of such
conditions exists at the same time provided that in these circumstances the
highest rate will be paid.
Abnormal
conditions allowances
A.2 The provisions of this subclause do not
apply to any employee who is employed in a grade, classification or level in
the Cleansing and Waste unit, City Infrastructure and Traffic Operations unit
and Fleet Services (formerly known as the "Cleansing Group",
"Building Trades Group", "Electrical Trades Group" and
"Metal Trades Group").
A.3 An employee required to work in childcare
centres whilst changing nappies will be paid an additional $0.45 per hour
whilst so engaged.
PART B -
Allowances pertaining to duties that are not being performed by employees as at
the date of this Award
B.1 As per Clause 10 of the Council of the
City of Sydney (Salaried Division - Salaries and Conditions) Award 1990.
10.2 Taking of verbatim notes in shorthand @
$10.34 for first half hour and $5.34 for each succeeding half hour
PART C -
Allowances that have been annualised into rates of pay
C.1 As per Clause 10 of the Council of the
City of Sydney (Salaried Division - Salaries and Conditions) Award 1990:
10.3a Building Surveyor having completed the
Associate Diploma Health and Building or Post Certificate Course of Health
Surveyors from TAFE.
10.3b Health Surveyor having completed a Post
Certificate Course for Building Surveyors by TAFE.
C.2 Supervisory rates
As per Table
2, Part B, Schedule B of the Sydney City Council (Wages Division - Wages and
Conditions) Interim Award
|
Clause
|
Brief Description
|
|
16.1.4
|
Supervisory
Classification - Leading Hand
|
|
Sub-Foreperson:
|
|
Town Hall
Attendants
|
|
Sub-Foreperson
|
Appendix 4
Key Policies
Employees may access
the City’s full policies and procedures online via the City’s intranet and on
display in City workplaces.
Key policies at the
City will include policies covering the following topics:
|
Policy subject
|
Purpose
|
Elements of policy
|
|
Domestic & Family
Violence Policy
|
The Domestic and
Family Violence Policy sets out available support and information for
employees who may be impacted by domestic and family violence and their
colleagues
|
• Up to ten (10) days paid domestic
and family violence leave
• Support the City can offer,
procedures for the application for, and taking of, leave are contained in the
policy
|
|
Workplace
Flexibility Policy
|
The Workplace
Flexibility Policy outlines an organisational approach to flexibility which
aims to ensure an equitable, clear and consistent application that supports,
productivity, wellbeing and improved customer service.
|
• An ability to access different
options of flexibility including part-time work, job sharing arrangements,
variation of hours, leave without pay etc.
• Arrangements and rules relating to
working from home.
• An ability to access flexibility for
a range of reasons, including carer’s responsibilities through to phased
retirement.
• Procedures in the application for
flexibility.
|
|
To achieve this,
the City may give consideration to a range of flexible work arrangements and
leave entitlements that are aimed at meeting the needs of employees, teams
and business requirements.
|
|
Emergency
Services Leave Policy
|
Emergency service
leave is paid leave granted to employees who are members of volunteer safety
organisations to attend essential meetings or help with natural disasters,
such as floods and bushfires.
|
• Employees who are members
of volunteer
safety organisations, such as the State Emergency Services, NSW Rural Fire
Services or similar organisations, can take leave during an emergency
declared by a recognised authority.
• You will receive pay at your
Ordinary Rate of Pay.
• Casual employees are entitled to be
‘unavailable’ to work for the period required to help volunteer safety
organisations during an emergency.
|
Employees should
review the complete policy rather than rely on the summary above.
Appendix 5
Workplace
Change, Redundancy and Redeployment- Employees Commencing Before 5 November
2009
Part A -
Identification and Management of surplus positions
A.1 A position is surplus to the requirements
when the City decides that:
A.1.1 It no longer requires the position to be
performed by the relevant employee or by anyone; and
A.1.2 This is not due to the ordinary customary
turnover of labour.
A.2 A position may become surplus to
requirement where:
A.2.2 The City has ceased or significantly
diminished providing an activity/function; or
A.2.3 The number of staff employed by the City
exceeds that required for the efficient and economic operation of the City’s
services; or
A.2.4 A review or restructure results in an area of
the City’s organisation being abolished or identifies a need for a different
workforce skills profile in that area; or
A.2.5 Employees cannot be used effectively in their
substantive positions because or technological or other change in work methods,
or changes in the nature, extent or organisation of the functions of the City.
A.3 Where an employee occupies a position that
the City decides is surplus to requirements, the employee and the relevant
union will be advised of this in writing by the Chief Executive Officer.
A.4 After receiving written notification in
accordance with Clause 13.1.4 the employee whose position is surplus to
requirements will receive four weeks formal notice during which the employee
may elect to either;
A.4.1 Apply for voluntary redundancy; or
A.4.2 Participate in the City’s redeployment and
retaining program.
A.5 Decisions to approve or reject an
application for voluntary redundancy will be made by the Chief Executive
Officer having regard to the City’s operational requirements and the potential
for the employee to be redeployed.
A.6 If an employee elects not to accept
voluntary redundancy, the City will commence an assessment of the employee’s
skills, abilities, knowledge and training needs against any employment
opportunities which are or may be available before the expiration of the
employee’s notice period.
A.7 This award does not prevent either party
from agreeing to some other arrangement in respect of redeployment and/or
redundancy where special circumstances arise. For example, where an opportunity
for redeployment will arise after the expiration of the employee’s notice
period, the employee may agree, in writing, to take a period of paid or unpaid
leave pending redeployment to that position or where training is required, the
City may appoint the employee in an acting capacity.
A.8 Once the City decides that a position is
surplus to requirements, the options available to the employee occupying that
position will be explored as soon as practicable in accordance with the
processes of this Award.
Part B -
Voluntary Redundancy
B.1 Regardless of the employee’s age or
entitlement to any superannuation retirement benefit, an employee whose position
is to be made redundant will be given the opportunity to apply for a voluntary
redundancy.
B.2 Notwithstanding Clause B.1, there is no
right to voluntary redundancy. The City reserves the right to reject
applications for voluntary redundancy, having regard to its overall staffing
requirements and the need to retain appropriate skills and expertise within its
organisation.
B.3 Voluntary redundancy may be offered to an
employee whose position will become surplus to requirements because:
B.3.1 A facility will be closed and/or services or
functions are being transferred to an external contractor or discontinued; or
B.3.2 Substantial restructuring has or will be
occurring with the City; or
B.3.3 The skills and knowledge specific to a
particular group of employees is no longer in demand.
B.4 Where an employee is requested to express
interest in voluntary redundancy, the Executive Member will be required to
certify that the position held by the employee who is being offered voluntary
redundancy is surplus to requirements.
Part C - Ranking
of employees
C.1 Where there are multiple employees
performing a position which the City decides is surplus to requirements, in
order to decide which employee’s will have their position made redundant, the
City, in consultation with relevant unions, rank employees on the basis of
merit through:
C.1.1 Comparisons of the position descriptions,
position selection criteria, experience, skills profile or equivalent, and the
conduct and performance (where appropriate) of affected employees; or
C.1.2 Reference to performance, where an employee’s
conduct and performance has been assessed in accordance with the City’s
Performance Management Policy over a period of at least 12 months preceding the
date the City decides the employee’s position is surplus to requirements.
C.2 An employee who occupies a position that
may be made redundant as surplus to requirements will be given the opportunity
to respond to the application of the selection criteria identified in Clause
C.1.1.
C.3 Employees whose skills/experience least
match the requirements of the existing available positions or who, on a
comparative basis, have a lesser level of performance, will be targeted for
voluntary redundancy.
Part D - Forced
Redundancy
D.1 Forced redundancy will only arise where an
employees does not apply for voluntary redundancy and refuses to participate in
the City’s redeployment program.
D.2 Refusal to participate in the City’s redeployment
program may be established by the employee:
D.2.1 Declining a meaningful and appropriate offer
of redeployment. A meaningful and appropriate offer of redeployment is one that
involves redeployment to an available position which:
(a) The employee would be capable of
performing after receiving a maximum of eight weeks training;
(b) Is no lower than two (2) salary band
levels below the employee’s substantive position (applies to Salary division
only).
D.2.2 Refusing to actively participate in a
training, development or redeployment program. This includes:
(a) Refusing short-term work placements or
special assignments;
(b) Refusing directions under a work plan;
(c) Failing to actively participate in
training.
D.2.3 Failing to meet the City’s standards of
conduct as prescribed in the Code of Conduct.
D.2.4 Failing to meet the performance standards for
a position/project in which the employee is placed during a redeployment and/or
training program.
D.3 The entitlements associated with forced
redundancy differ from those associated with voluntary redundancy.
Part E -
Transfer of Business Redundancy
E.1 A transfer of business redundancy occurs
where an employee elects to transfer their employment to an external contractor
of the City.
E.2 Where an external contractor is successful
in a tender and a tender provides for the transfer of City employees to the
contractor, an employee whose position the City decides is surplus to
requirements will have the following options:
E.2.1 Apply for a voluntary redundancy; or
E.2.2 Remain with the City and participate in the
redeployment and training program; or
E.2.3 Transfer employment to work under the
contractor, where appropriate.
E.3 If an employee wishes to return to the
City’s employ, the employee must pay back their termination payment (excluding
annual leave) in full upon recommencement. This will enable the employee and
the city to meet taxation obligations with regard to concessional tax
provisions and to retain the employee’s continuity of service with the City.
E.4 The employee’s entitlements upon transfer
of business redundancy will be equivalent to that listed in the New South
Wales Protection Act 1982 (or amendments).
Part F -
Redeployment
F.1 Where an employee who occupies a position
that the City decides is surplus to requirements does not elect to become
voluntarily redundant the employee will be offered the opportunity to be
redeployed.
F.2 Employees who wish to be redeployed are
required to cooperatively participate in the City’s redeployment program. The
City’s primary objective in the redeployment process is to appoint employees to
a permanent position, consistent with the person’s skills, knowledge and
ability, as soon as is practicably possible.
F.3 Where redeployment is an employee’s
preference, the City will assess an employee’s suitability for participation in
the redeployment program and will assign the employee tasks, responsibilities
and training opportunities in accordance with the City’s redeployment and
redundancy procedures as contained in this Award.
F.4 To assist the City to successfully
redeploy employees, employees who are interested in redeployment must:
F.4.1 Actively pursue development opportunities;
F.4.2 Seek out alternative placements;
F.4.3 Compete on merit for advertised positions of
a higher level for which they may be suitable;
F.4.4 Accept any reasonable offer of appropriate
alternative work.
F.5 While the City will take reasonable steps to
secure a permanent position for employees whose position is to be made
redundant, it may also be necessary for those employees to:
F.5.1 Accept a corporate and operational project
assignment or temporary position; and/or
F.5.2 Participate in a skills development or
training program; and/or
F.5.3 Accept a position at a lower level to the
position the employee previously held.
Corporate and
Operational Project Assignments
F.6 Corporate and operational projects are
fixed term job assignments (of up to 12 months) on specified work. A project
must have the approval of the Executive Member to be suitable for assignment.
Ranking of
employees
F.7 Where there are a number of employees
whose positions the City decides are surplus to requirements, the same principles
in respect of ranking of employees for redeployment opportunities will apply as
set out in Clause C.1.1 - C.1.3.
Salary Maintenance
F.8 Where an employee elects to participate in
the City’s redeployment program, the employee will retain the salary rate
attached to their substantive position (ie the position held immediately prior
to being placed in the redeployment program) until the employee is permanently
appointed to another position.
F.9 Maintenance of a higher duties allowance
for redeployees will be paid where, at the date of redeployment, the redeployee
has been employed continuously on higher duties in excess of
twelve (12) months. In this case higher duties payment will continue as salary
maintenance.
F.10 An employee’s salary rate in their
substantive position will include payment of the following allowances:
F.10.11 Shift allowances;
F.10.12 Supervisory allowances;
F.10.13 Tool allowances; and
F.10.14 Multiskilling allowances.
F.11 The allowances in Clause E.3 will only be
included in the employee’s salary rate where the allowance was paid for a
continuous period of at least twelve (12) months immediately proceedings the
date on which the employee’s position was identified as surplus to the
requirements.
F.12 An employee who is redeployed to a position
which has a lower salary rate to the salary rate of the employee’s substantive
position will continue to receive salary maintenance at the salary rate of
their substantive position until the employee is permanently appointed to
another position of equal job evaluation (i.e. salary band level).
Refusal to
participate in Redeployment Program
F.13 An employee who refused to participate in
the City’s redeployment program will be counselled in accordance with the
City’s policies.
F.14 An employee whose position the City decides
is surplus to requirements who does not apply for a voluntary redundancy and
who refuses to participate in the redeployment program will only receive salary
maintenance for a period of six (6) months. This salary maintenance period will
apply from the date the employee is notified that their position is surplus to
requirements.
F.15 An employee who refuses redeployment who has
been receiving salary maintenance in excess of six (6) months will be made
redundant in accordance with the forced redundancy provisions of this
Award.
F.16 An employee who refuses redeployment who has
been receiving salary maintenance will be subject to formal performance based
advancement through the salary range of their previously held position. Future
pay adjustments will also apply to the salary rate of the employee’s previously
held position.
Preferential Job
Placement
F.17 Where the City identified a vacant position
within its organisation, the City will prefer redeployment of employees to the
available position to the external vetting of candidates. The City’s preference
in this regards is subject to:
F.17.1 Suitable employee(s) being available for
redeployment. Suitability will be assessed with regard had to the minimum skill
level of the employee(s) and the requirements of the vacant position as well as
the overall ability of the employee(s) to adequately perform the duties of the
position after having received appropriate training and within a reasonable
time-frame after redeployment; and
F.17.2 The salary rate of the vacant position being no
greater than the employee’s salary rate in their substantive position.
F.18 The suitability of an employee for
redeployment to a vacant position will be determined with reference to the
employee’s:
F.18.1 Qualifications, experience and skills; and
F.18.2 Salary level; and
F.18.3 Personal circumstances; and
F.18.4 Willingness to participate in training, if
required.
F.19 When an employee whose position is surplus
to requirements is advised of a suitable position (either temporary or
permanent) for redeployment, the employee will also be provided with
information relevant to the position, including job description, selection
criteria, an organisation chart and particulars of required training. A
reasonable opportunity will be afforded to the employee to obtain all relevant
information pertaining to the position.
F.20 If two or more employees are assessed as
suitable for redeployment to a position, the employee offered the appointment
to the position will be determined in accordance with the City’s merit based
selection procedures and practices.
F.21 An employee who is not selected for
redeployment to an available position will be provided with a written statement
from the Executive Member detailing why the employee was not redeployed to the
position.
F.22 A decision by the City whether or not to
appoint an employee to an available position is not subject to appeal.
Training
F.23 Where an employee is not able to be placed
immediately into an available position, the City may offer appropriate
training. While the City recognises its role in providing training to an
employee whose position is identified as surplus to requirements, employees
have no rights of access to formal training at the City’s expense. Whether or
not training will be offered to an employee will be decided by the City after
considering.
F.23.1 The cost of training against the benefit to the
quality of the City’s services;
F.23.2 The likelihood of placement after training is
completed;
F.23.3 The need to fill the available position in a
timely manner;
F.23.5 The degree of training required to equip the
employee to adequately perform the duties of the available position;
F.23.6 The employee’s prior work performance; and
F.23.7 The employee’s satisfactory completion of
previous training programs.
F.24 Where the city takes the view that training
is appropriate and the employee who is offered redeployment is willing to
undertake the training, the City, in consultation with the employee, will
develop an appropriate training program.
F.25 Any training program that the City requires
an employee to carry out will be at the expense of the City and, where
possible, will be undertaken outside the employee’s normal working hours, the
employee will be granted time off in lieu for the prescribed course hours.
F.26 At any time during the training period,
where appropriate, the employee will be entitled to preferential appointment to
an available position which does not require training.
F.27 An employee who requires training to perform
the duties of an available position may occupy the position in an acting
capacity while the training is carried out.
F.28 Where training has been deemed necessary for
redeployment of an employee, the employee must satisfactorily complete all
training requirements before permanent appointment to the available position.
In the event that the employee does not satisfactorily complete all training
requirements, the City may revoke the offer to redeploy the employee to the
available position.
Part G -
Contract Employees
G.1 For the purpose of this award,
"contract employees" means employees who are employed under the terms
and conditions of the City’s Contract Employment Policy and whose salary is
linked to the City’s awards.
G.2 Consistent with this Award, "contract
employees" means employees who are employed under the terms and conditions
of the City’s Contract Employment Policy and whose salary is linked to the
City’s awards.
G.3 If, in the event of workplace change
initiatives (restructuring, competitive tendering etc), the employee’s services
can be utilised in a similar role or capacity where there is no loss in the
employee’s salary, the duties and responsibilities of an employee who is
employed under the terms and conditions of a written fixed-term contract may be
varied. Any variation will be by agreement, in writing, between the City and
the employee concerned. An agreement to vary the duties and responsibilities of
a contract employee may not be unreasonable withheld by either party.
G.4 The termination provisions of the Contract
of Employment will prevail if the employee’s services cannot be utilised in a
similar role or capacity without loss of salary by the employee.
Part H -
Voluntary Redundancy resulting from redeployment action
H.1 Employees who occupy positions that have
been identified as surplus to requirements will be offered voluntary redundancy
in the first instance.
H.2 Employees who, in lieu of voluntary
redundancy, elect to participate in the City’s redeployment program will remain
eligible to apply for voluntary redundancy at any time while placed in the
program.
H.3 Once an employee has been permanently
appointed to an appropriate position, they will no longer be eligible to
participate in the redeployment program of apply for voluntary redundancy.
Part I -
Transfer of Redundancy Application (mix and match arrangements)
I.1 Where an employee, other than an employee
occupying a position that has been identified as being surplus to requirements,
wishes to apply for voluntary redundancy, the City may accept the voluntary
redundancy application and allow redeployment of the employee originally
identified for voluntary redundancy.
Part L -
Employee Assistance and Counselling
L.1 Employees who accept voluntary redundancy
or elect to participate in the City’s redeployment and retraining program will
be entitled to assistance and information which may include:
L.1.1 Stress management counselling;
L.1.2 Vocational counselling which may include
career transition, training opportunities and occupational information;
L.1.3 Information on programs to upgrade skills or
acquire new skills;
L.1.4 Financial counselling on matters associated
with taxation, superannuation and financial management;
L.1.5 Assistance with job search, resume
preparation and interview skills.
Part M -
Consultation
M.1 This award recognises the rights of unions
to represent the interests of employees through consultation and or negotiation
with the City where the City is in the process of implementing workplace
change.
M.2 Where the city decides that a position(s)
is surplus to requirements the following consultative arrangements will apply:
M.2.1 The City will advise the relevant union and
employees that the employees positions have been identified as surplus to
requirements;
M.2.2 The City will provide the union with all
relevant information pertaining to the employees concerned, including classifications
and work locations;
M.2.3 Discussions between the City and Union will
cover the reasons for the surplus staffing situation and the measures, if any,
which could be taken to reduce the incident of employees becoming surplus to
requirements;
M.2.4 After consulting with the relevant union and
affected employees, the employees whose positions are deemed surplus to
requirements will be given written notification of the redundancy of their
positions and will be given further information in respect of the redeployment
and training options available to them.
Part N -
Redundancy Entitlements
N.1 The Basis for calculating a redundancy
entitlement
N.2 For the purpose of calculating any payment
under the schedules contained in this clause "weeks pay" means the
ordinary rate of pay for a week’s work for the employee concerned except where
an employee:
N.2.1 Has been acting in a higher position for a
continuous period of at least twelve (12) months immediately preceding the date
on which the City decided the employee’s position was surplus to requirements.
In those circumstances the employees "weeks pay" will be derived from
the employee’s salary in a higher position at that date; or
N.2.2 Has been receiving an allowance (e.g shift
allowance) for a continuous period of at least twelve (12) months immediately
preceding the date on which the City decided the employee’s position was
surplus to requirements. In those circumstances the weekly average amount of
the allowance received during the twelve (12) month period will be counted as
part of the "weeks pay".
N.3 For the purpose of calculating any payment
under the Schedules in this clause "years of service" means completed
full years of service from the date the employee commenced employment with the
City.
Voluntary
Redundancy
|
Schedule
|
Weeks
|
|
Termination pay
in lieu of notice
|
4
|
|
Job Search
Allowance
|
10
|
|
4 weeks pay per
year of service for the first 5 years
|
20 (maximum)
|
|
2 weeks pay per
year or service thereafter
|
18 (maximum)
|
|
Maximum Available
|
52 weeks
|
N.4 Sick leave accrual prior to 14 February
1993 will be paid out to a maximum of 14 weeks.
N.5 Gratuity entitlements, as per the
Applicable award will be paid out.
N.6 Out-placement services up to a value of
$3,000 per person will be provided, where requested by the employee concerned.
Forced Redundancy
N.7 Forced redundancy payments will be based
on the voluntary redundancy benefits with the following exceptions:
N.7.1 The job search provisions will not apply;
N.7. 2 The maximum weeks available will be limited to
42 weeks;
N.7.3 No out-placement services will be provided.
Transfer of
business Redundancy
N.8 The Employment Protection Regulation 2001
(New South Wales) - Schedule 1 - Scale of Severance Payments
|
Length of continuous service by employee
|
Rate for calculation of amount of
severance payment
|
|
|
If employee is less than 45 years of age
|
If employee is over 45 years of age
|
|
Less than 1 year
|
Nil
|
Nil
|
|
More than 1 years
but less than 2
|
4 weeks pay
|
5 weeks pay
|
|
More than 2 years
but less than 3
|
7 weeks pay
|
8.75 weeks pay
|
|
More than 3 years
but less than 4
|
10 weeks pay
|
12.5 weeks pay
|
|
More than 4 years
but less than 5
|
12 weeks pay
|
15 weeks pay
|
|
More than 5 years
but less than 6
|
14 weeks pay
|
17.5 weeks pay
|
|
More than 6 years
|
16 weeks pay
|
20 weeks pay
|
Part O - Re-employment
and or Re-engagement of Employees
O.1 Employees who have left employment with
the City due to redundancy, except for employees who have accepted a transfer
of business redundancy entitlement, will not be re-employed or engaged in any
capacity within fifty two (52) weeks from their separation date.
O.2 Clause Part M applies equally to
situations where individuals are employed or engaged on a permanent, causal,
agency, consultancy or contract basis in respect of:
O.2.1 A full-time or part-time employee or contract
basis in respect of:
O.2.2 Company trust, partnership or sole trader
where the ex-employee is a principal; or
O.2.3 An employee of a contractor, consultancy or
agency which has a separate legal entity to the employee.
O.3 For all hiring and recruitment, the
delegated officer is to certify that the person being hired did not leave the
City’s employment due to redundancy within fifty two (52) weeks from the
commencement date.
O.4 For all engagements of contractors or
consultants, the engaged manager is to certify that the contractor or
consultant performing the work or providing the services did not leave the
City’s employment due to redundancy within fifty two (52) weeks from their
engagement date. This should be verified by a written statement from the
contracting or consultancy company or agency.
O.5 Exceptions to this requirement may only be
approved by the Chief Executive Officer and cannot be sub-delegated. The Lord
Mayor and the relevant union must be advised of an approval under this clause.
O.6 Where exceptions are approved, employees
who are re-employed or re-engaged will be made aware of their financial
responsibilities with respect to superannuation and redundancy payments paid at
concessional taxation rates.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.