City of Sydney (South Sydney) Award 2021-2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by City of Sydney.
(Case No. 240417 of 2023)
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Before Commissioner Sloan
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11 September 2023
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AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Area, Incidence and Duration
3. Statement of Intent
4. Anti-Discrimination
5. Grievance and Dispute Settlement
Procedure
6. Classification Structure
7. Rates of pay
8. Salary Sacrifice
9. Payment of Wages
10. Local Workplace Agreements
11. Workplace Flexibility
12. Skills Development and Workplace Training
13. Terms of Employment
14. Hours of Work
15. Part-time Employment
16. Casual Employment
17. Consultative Committee
18. Higher Grade
19. Penalty Rates
20. Overtime
21. Leave Entitlements
A. Annual Leave
B. Bereavement Leave
C. Personal Carer’s Leave
CA. Flexible Alternative to Personal Carer’s
Leave
D. Long Service Leave
E. Parental Leave
F. Sick Leave
G. Other Leave
22. Public Holidays
23. Union Picnic Day
24. Calculation of Service
25. Work Health and Safety
26. Uniforms, Clothing and Safety
27. Workplace Efficiency
28. Exemption from Industrial Action
29. Tool Allowance
30. Travelling Expenses
31. Meal Breaks
32. Payment to Dependants of a Deceased
Employee
33. Employee Representatives
34. Use of External Resources (Contractors)
35. Termination of Employment
36. Workplace Change and Redundancy
37. Definitions
PART B
WAGES EMPLOYEES
38. Wages
Classification Structure
Table 1 – Categories of Employees
Table 2 – Rates of Pay
SALARIED EMPLOYEES
39. Salaried
Classification Structure
Table 3 – Categories of Employees
Table 4 – Rates of Pay
Table 5 - Performance Incentive Bonus
2. Area, Incidence and
Duration
(i) This Award will be binding on:
(a) the Council of the City of Sydney;
(b) the New South Wales Local Government,
Clerical, Administrative, Energy, Airlines & Utilities Union;
(c) the Local Government Engineers’ Association;
(d) the Development and Environmental
Professionals’ Association of New South Wales; and
(e) all employees of the Council of the City
of Sydney except those employed under the City of Sydney Award 2021-2024, as amended or replaced.
(ii) This Award is known as the City of Sydney
(South Sydney) Award 2021-2024.
(iii) This Award will cover positions and grades
referred to in Part B - Table 1 and Table 3 of this Award and to any other
subsequent positions created under this Award.
(iv) This Award rescinds and replaces the South
Sydney City Council Salaried Officers Award 2017 and the South Sydney City
Council Wages Staff Award 2017, both published 28 November 2018 (383 I.G. 887).
(vi) This Award will operate on and from 9 June
2021 and will remain in force for a period of 3 years.
3. Statement of Intent
The parties to the
Award are committed to:
(i) co-operating positively to increase the
efficiency and achieve greater flexibility to workplace practices.
(ii) improving skill levels and removing
impediments to multi-skilling and broadening the range of tasks that the
employee may be required to perform.
(iii) eliminating discrimination.
4. Anti-Discrimination
(i) 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.
(ii) In fulfilling their obligations under the
dispute resolution procedure set out in this agreement the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this Award are not directly or indirectly discriminatory in their
effects. It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the Award which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is
to be taken to affect:
a. any conduct or act which is specifically
exempted from anti-discrimination legislation;
b. offering or providing junior rates of
pay to persons under 21 years of age;
c. any act or practice of a
body established to propagate religion which is exempted under sec 56 (d) of
the Anti-Discrimination Act 1977
(NSW); or
d. a party to this agreement
from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does not
create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
5. Grievance and
Dispute Settlement Procedure
(i) The parties to
this Award are committed to resolving disputes and grievances through
co-operative consultation with one another and joint problem solving.
(ii) 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 Council’s dispute resolution process as detailed under this
clause.
(iii) 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.
(iv) Procedures to Resolve Workplace Grievances,
Complaints or Disputes (The Dispute Resolution Process)
At all stages of the Dispute Resolution Process employees
will continue to perform work for the Council as directed by the Council or its
authorized representatives, without interruption or the imposition of any bans
or limitations, and in accordance with the provisions of this Award and any
relevant Council policies. The procedure to be followed is as follows:
Step 1 If there arises any grievance, complaint or dispute at the workplace, in the first instance
the employee(s) concerned and/or any employee representative must meet to
discuss the matter with the employee(s) immediate supervisor. The employee(s)
supervisor will listen carefully to the employee(s) concerns and together the
parties will try to resolve the dispute.
Step 2 If the supervisor and employee(s)
(and/or their representatives) are unable to resolve the dispute or it is not
appropriate that the supervisor deal with the dispute, the dispute must be
referred to senior management. Senior management will listen to the employee(s)
concerns and either resolve the dispute or refer the matter to more senior
management.
Step 3 More senior management will listen
to the employee(s) (and/or their representatives) and attempt to resolve the
dispute. It is either resolved or referred to an independent body.
Step 4 If more senior management and the
employee(s) are unable to resolve the dispute an independent conciliator or
mediator will assist to resolve the dispute.
(v) To assist the
expeditious resolution of disputes, where matters of urgency are raised at an
organised meeting of the Unions 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.
(vi) Nothing
contained in the Dispute Resolution Process will preclude the Council or any of
the Unions 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 Council or its authorised representative(s).
6. Classification
Structure
(i)
Classification structure and
categories of employees who may be employed under this Award are set out in
clause 38 and Table 1 of Part B for wages employees; and clause 39 and
Table 3 of Part B for salaried employees.
7. Rates of Pay
(i) For wages employees:
(a) In Table 2 of Part B of
this Award, the rates of pay detailed within each of the Grades include all
skill based and disability allowances and other payments of accreditation which
applied prior to the making of this Award and take into
account the range of conditions under which all work is performed.
(b) The relationship between
the entry rates of pay for Grades 5 to 8 and the subsequent steps provides
significant increases to staff who acquire and utilise additional skills. This relationship is detailed below:
Entry to Step 1 - 3.5%
Step 1 to Step 2 - 3.5%
Step 2 to Step 3 - 3.0%
(c) Progression between the
levels of the classification structure as detailed in clause 6 - classification
structure, will be on the basis of the acquisition and
application of skills on the job over a period satisfactory to assess whether
the employee can apply the skill in a range of conditions and to an acceptable
level of performance. This period will be a minimum of 12 months.
(ii) For salaried employees:
(a) In Table 4 of
Part B of this Award, the rates of pay detailed within each of the Grades
include all skill based and disability allowances and other payments for
accreditation which applied prior to the making of this Award and take into account the range of conditions under which all
work is performed.
(b) In relation to
the progression in the Grades in Table 4 of Part B of the Award:
(1) Salary steps are
provided within grades 5 to 13 to encourage the development of positions within
these grades.
(2) The
relationship between the entry rates of pay and the subsequent steps is
detailed as follows:
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Grades 5 to 8
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Entry to Step 1:
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3.5%
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Step 1 to Step 2:
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3.5%
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Step 2 to Step 3:
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3.0%
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Grades 9 to 13
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Entry to Step 1:
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2.5%
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Step 1 to Step 2:
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2.5%
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Step 2 to Step 3:
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2.5%
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Grades 14 to 18
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Appointment to Leadership
Pay Rate:
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2.5%
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(c) The rate of pay
for positions at Grade 14 and above will be inclusive of the overtime required
to effectively undertake the range of duties required of the position.
(iii) This Award provides for an initial pay
increase of 2% to the rates of pay under the previous Award. The new rates of pay for wages and salaried
employees are detailed in Tables 2 and 4 of Part B are to be retrospectively
applied from the first full pay period on or after 1 July 2021.
(iv) The following increases will be applied to
the rates of pay detailed in Tables 2 and 4 of Part B from the first full pay
period on or after the date specified below.
(a) 1 July 2022: 3%.
(b) 1 July 2023: 4% - or the NSW Local Government
State Award Increase whichever is higher.
8. Salary Sacrifice
An employee may
agree to sacrifice a portion of pre-tax ordinary pay in accordance with
Council’s Salary Sacrifice Policy.
9. Payment of Wages
(i) The
Council will pay the weekly wage due to each employee directly into an account
with the employee’s name at a mutually agreed financial institution (referred
to as the nominated account) subject to the following:
(a) The Council
reserves the right to limit the definition and number of financial institutions
that can be nominated; and
(b) Employees must
supply full details of the nominated account to the Council prior to commencing
their employment.
(ii) Time off during
normal working hours will not be required by employees, or authorised by
Council, for the purpose of obtaining cash or otherwise attending to the
accounts at the nominated financial institutions
(iii) An employee may
authorise the Council to deduct payments on behalf of the employee, provided
the employee has given written notification authorising the deduction(s).
(i) The
parties agree to review operations at the workplace level on an ongoing basis
with the view to providing enhanced flexibility and efficiency.
(ii) In agreement with
employees and their representative unions, the Council may establish Local
Workplace Agreements (LWA) particular to a specific site or group of employees
to provide improved flexibility and efficiency.
(iii) A LWA may be negotiated
to provide for different conditions of employment than are provided for in the
Council's Industrial Agreements and Awards. As an example
an LWA may change issues relating to: hours of work, Shift Work, overtime, on
call, meal breaks, and allowance payments.
(iv) A LWA may provide for
different conditions of employment where the following requirements have been
complied with:
(a) employees are not disadvantaged when the
LWA is viewed as a whole;
(b) the majority of employees affected agree after
taking all views into consideration, including the need to maintain effective
working relationships;
(c) the appropriate Union has been advised
prior to commencement of discussions with the employees concerned;
(d) the LWA is not contrary to any law or
other Enterprise Agreement and does not jeopardise safety;
(e) 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
(f) the LWA will improve efficiency and/or
customer service and/or job satisfaction.
(v) LWA's will be
productivity-based. Existing Award provisions will apply unless expressly
varied by such an Agreement.
(vi) LWA's may provide for
improvements in remuneration and/or conditions linked to productivity
improvements.
(vii) LWA's will be by consent,
between employees, the Council and the relevant
Union(s). where the parties will commit in writing and include a date of
operation and expiration. Affected employees will be given the opportunity to
vote on any Agreement proposed by the relevant union(s). In order for the LWA
to be accepted, a majority (i.e. 50% + 1) of employees
party to the LWA must vote in favour of it.
(viii) All LWA’S that have been
accepted as per subclause 11(vii) will be registered with the NSW Industrial
Relations Commission.
11. Workplace
Flexibility
(i) The
parties to this Award agree that to provide an efficient and effective level of
service staffing arrangements must continually address service demands and
employees must be flexible to the Council’s requests to perform additional or
other duties as necessary.
(ii) To meet service demands,
from time to time, the Council may require employees to transfer between
divisions/positions within the same salary band or level.
(iii) The transfer of an
employee to a new position will be carried out after considering the job
requirements of the position and the employee’s relevant experience, skills, abilities and knowledge.
(iv) An employee will not be
placed in a position where they are unable or unqualified to meet that
position’s job requirements, unless training opportunities
are also provided. It is the responsibility of the employee to notify the
Council if they believe they are unable or unqualified to meet a position’s job
requirements.
(v) 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).
(vi) Transfers may involve
changes to duties and functions. Where this occurs, employees may be required
to undertake formal or on the job training to gain necessary skills and to be
able to accept new responsibilities.
(vii) Where prior written
approval is given, the Council will bear the costs associated with any training
which the employee is requested or required to undertake.
12. Skills Development
and Workplace Training
(i) The
Council 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.
(ii) Individual development
plans will be reviewed annually in line with the Performance Management &
Development Program.
(iii) If an employee is
required by the Council to undertake compulsory training in accordance with the
employee's individual development plan, the employee will not suffer any
reduction in ordinary pay as a result.
13. Terms of
Employment
(i) To
be eligible for a permanent appointment a person must pass a full medical
examination by Council’s Medical Officer.
(ii) An employee,
who does not report for duty on any day for any reasons must, as soon as
practicable after normal starting time on that day, give notice to the Council
or its authorised representative as to the reason for and probable duration of
the absence.
(iii) This subclause
provides:
(a) Where an
employee is absent from duty for reasons which remove an entitlement to payment
under this Award, the Council may deduct from the wage of the employee, payment
for all time not worked.
(b) The Council will
not make any deduction from wages for time lost owing to wet weather, provided
that the employee will;
(1) continue
working until such time as the supervisor orders work to cease,
(2) stand by as
directed by the supervisor, and
(3) recommence duty
as directed.
(iv) Where an
employee is absent from duty without permission for a continuous period of one
ordinary working week, and the employee fails within such period to provide an
explanation in writing for the absence satisfactory to the Council, the
employee’s employment will be deemed to have abandoned their employment.
(v) This subclause
provides:
(a) The Council may
direct an employee to carry out such duties as are within the limits of an
employee's skill, competence and training, provided
that such duties are not designed to promote deskilling.
(b) An employee will
carry out such duties as directed, including duties of a higher
grade position.
(c) Where an
employee is directed to perform work for a lower grade, the employee will not
suffer any reduction in rate of pay as a result of
this arrangement.
14. Hours of Work
(i) Spread
of Hours - General
(a) Except in cases
of emergency (to be determined by Council), the Council must not alter the
starting or finishing time of any employee without first giving 7 days’ notice
of the change.
(ii) Spread of Hours
– Wages employees
(a) The ordinary
hours of employees will be 38 hours per week, worked between 6:00am and 8:00pm,
Monday to Friday inclusive, except for unpaid meal breaks.
(b) The ordinary hours
of work will not exceed 12 hours on any one day.
(c) Shift workers
(1) The ordinary
hours of a shift worker must be worked in shifts as rostered between Saturday
to Friday inclusive, as follows;
1. Motor Mechanics
on night shift at the garage will work 32 hours per week in not more than 5
shifts in 7 consecutive days,
2. Cleansing
Service Operators on night cleansing duties will work 32 hours per week, and
3. all other shift
workers will work 38 hours per week between 6:00am and 8:00pm.
(2) For employees
working 32 hours per week prescribed in subparagraphs (c)(1)A and B of this
subclause, a shift penalty of 11.5 per cent will apply, except for a shift
worked on a public holiday. This penalty
is in lieu of the 30 per cent night shift prescription, in accordance with the
32 hours per week arrangement (clause 19 - Penalty Rates) carried over from the
former Sydney City Council (as a result of boundary
changes and or amalgamations prior to 8 May 2003).
(iii) Spread of Hours
– Salaried employees
(a) Except as
otherwise provided in paragraph (b), the ordinary working hours for employees
is 36.25 per week, worked between 6:00am and 8:00pm, Monday to Friday
inclusive, except for unpaid meal breaks.
(b) The ordinary
working hours for employees engaged in the library function is 36.25 per week,
worked between 6:00am and 8:00pm, Saturday to Friday, except for unpaid meal
breaks.
(c) Where the job
description requires an employee to supervise 38 hour per week worker(s), the
employee is also required to work a 38 hour week.
(d) The ordinary
hours of work must not exceed 12 hours on any one day.
(e) Shift workers
(1) The ordinary hours
of a shift worker must be worked, in shifts as rostered, between Saturday and
Friday inclusive, as follows;
A. Cleansing
Foreman on night shift must work 32 hours per week. For the 32 hours per week prescribed by this
paragraph a shift penalty of 11.5% will apply, except for a shift worked on a
public holiday.
This penalty is in lieu of the 30%
night shift prescription, in accordance with the 32 hours per week
arrangement (clause 19 - Penalty Rates) carried over from the former Sydney
City Council (as a result of boundary changes and or amalgamations prior to 8
May 2003).
B. Employees engaged in the Community
Resources function and Children’s Services must work 36.25 hours per week,
between 6:00am and 10:30pm.
C. Ordinance Inspector and Parking Enforcement
Officers must work 38 hours per week, between 6:00am to 8:00pm.
D. All other shift workers must work 36.25
hours per week between 6:00am and 8:00pm.
(iv) Arrangement of
Hours
(a) For employees
working 36.25 hours per week, the ordinary hours of work may be arranged so as
not to exceed 72.5 hours within 2 weeks or 145 hours within 4 weeks.
(b) For employees
working 38 hours per week, the ordinary hours of work may be arranged so as not
to exceed 76 hours within 2 weeks or 152 hours within 4 weeks.
(v) Shift Work -
General
(a) A
"Caretaker" or "Emergency Services Officer" may be required
to work broken shifts provided that not more than 2 shifts will be worked
without payment of overtime in any one day.
(b) Other than as
provided in paragraph (a), a Shift Worker will not be required to work:
(1) in broken
shifts; or
(2) more than 11
shifts in 14 consecutive days without payment of overtime.
(c) All shift work will
be rostered and the starting and ending time of ordinary hours working hours
will be shown in this roster.
(d) There must be an
interval of at least 8 hours between termination of any shift and commencement
of the next succeeding shift.
(vi) Changes in Hours
Arrangements by Agreement - A different arrangement or spread of hours to those
set out above may be agreed upon by the Council and the employee(s)
concerned. Any such agreement will be
genuine with no compulsion. to agree. At
any stage of the negotiations, either the employee(s) or Council may seek
assistance from the appropriate Union, Association or Council’s Joint
Consultative Committee.
(vii) Transfer of
Employees to Shift Work
(a) In order to
meet the needs of the industry, the Council may introduce shift work or
transfer a day worker to shift work, provided:
(1) agreement is
reached with the Union concerned; or
(2) in the absence
of agreement, the dispute is referred to the appropriate Conciliation
Commissioner. In this case a day worker will not be transferred to Shift Work
until the dispute has been resolved.
(b) The provisions
of paragraph (a) of this subclause will not apply to:
(1) shift work
already in operation as at the date of making the Award; or
(2) Council’s right
to transfer a day worker to shift work to perform the duties of a shiftworker temporarily absent from duty.
(viii) Redistribution
of Daily Working Hours - The Chief Executive Officer and the Secretary of the
Union concerned may enter into an agreement for the adoption of a scheme for
working a nine day fortnight or nineteen day month.
Time worked during these periods will be treated as the ordinary hours of duty
for the employee(s) concerned.
15. Part-Time
Employment
(i) A
part time employee will mean an employee who is employed to work regular days
and regular hours, that are less than the number of days or hours worked by
weekly employees employed by the Council.
A part time employee will not work less than 1 day per week and not be
less than 4 hours per week. Part time
employees will be work in accordance with clause 14, Hours of Work of this
Award.
(ii) Prior to
commencing part-time work, Council and the employee will agree upon the
conditions under which the work is to be performed including:
(a) the hours to be
worked by the employee, the days upon which they will be worked and the
commencing times for the work; and
(b) the nature of
the work to be performed; and
(c) the rate of pay
as paid in accordance with this Award.
(iii) The conditions
may also stipulate the period of part-time employment.
(iv) The conditions
may be varied by consent.
(v) The conditions
or any variation to them must be in writing and retained by Council. The
Council must provide the employee with a copy of these conditions.
(vi) A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement.
(vii) Part-time
employees will receive all conditions prescribed by the Award on a pro-rata
basis of the regular hours worked.
(viii) Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee will be paid for the hours normally worked on that day.
16. Casual Employment
(i) A
casual employee will mean an employee engaged on a day to day
basis.
(ii) A casual
employee will be paid an hourly rate for ordinary hours worked in accordance
with clause 14, Hours of Work.
(iii) Overtime will
be paid where a casual employee works outside the ordinary hours for that
position.
(iv) Loading - In
addition to the amounts prescribed by sub-clause (ii) of this Clause, a twenty
five percent loading, calculated on the ordinary hourly rate, will be paid.
This loading will be paid in lieu of all leave and public holidays prescribed
by the Award.
17. Consultative
Committee
(i) The
Joint Consultative Committee comprising of employee and management
representatives, will continue to provide a forum for consultations between the
Council and its employees on matters affecting efficiency and productivity, award
restructuring and career opportunities for employees.
(ii) All members of
the Joint Consultative Committee should undergo appropriate training to ensure
effective participation in the Joint Consultative Committee.
18. Higher Grade
(i) An
employee who is appointed to a higher position will be paid the rate of the
higher classification from and inclusive of the date of appointment.
(a) Where a vacant
position has been filled by a higher grade appointment
for a period of three months, the Council will take the necessary steps to make
a permanent appointment to the position.
(b) This provision
will not apply to a position vacated on approved leave.
(ii) On-the-job-training
- The provision of this clause will not apply to an employee who performs the
whole or part of the duties of a higher grade position
for the purpose of gaining experience or training, provided that the appointed
occupant remains on duty and retains the responsibilities of the position
during this time.
(iii) For wages
employees:
(a) An employee,
required to perform the normal duties of a position which is at a higher grade
within the wages system, will be paid the entry level for that grade, provided;
(1) the payment in
the higher grade position is a minimum increase of
2.5%,
(2) the payment is
made for the time actually spent relieving in the
higher position, and
(3) where an employee acts higher grade for a
period of 4.5 hours, the higher grade will be paid for the full day.
(iv) for Salaried
Employees:
(a) Temporary
Appointments - An employee, required to perform the normal duties of a position
which is at a higher grade within the salary system, will be paid the entry
level for that grade, provided:
(1) the payment in
the higher grade position will be a minimum increase
of 2.5%, provided any payment does not exceed the rate set for step 3 of the
grade of the temporary appointment;
(2) the payment
will be made for the time actually spent relieving in
the higher position; and
(3) where an
employee acts higher grade for a period of 4.5 hours, the higher grade will be
paid for the full day subject to a formal direction from a director in advance
of the employee acting in the higher grade.
(b) Promotions -
Permanent appointments/ promotions to a position at a higher level within the
salary system will be made at the entry level of the grade, provided:
(1) the minimum
salary adjustment will be an increase of 2.5%; and
(2) the calculation
of any increase provided for in paragraph (a) does not place the employee's new
pay rate in excess of step 3 of the grade of the new
position.
(c) Where an
employee does not assume the entire duties of a higher grade the employee may
be paid a proportionate rate.
19. Penalty Rates
(i) Except
as otherwise provided, all employees are entitled to the following penalty
rates:
(a) Rotating
shifts, Monday to Friday inclusive:
(1) Morning Shifts
- For all ordinary time worked which commences after 4:00am and before 5:30am -
ordinary rates plus 15%.
(2) Afternoon
Shifts - For all ordinary time worked which finishes after 8:00pm and at or
before midnight - ordinary rates plus 15%.
(3) Night Shifts -
For all ordinary time worked which finishes after midnight and at or before
8:00am - ordinary rates plus 15%.
(4) Day Shifts -
For all ordinary time worked other than in (1), (2) and (3) above - ordinary
rates.
(b) Permanent
Shifts, Monday to Friday inclusive:
(1) Morning Shifts (as
defined in sub-clause (a) (1)) - ordinary rates plus 15%.
(2) Afternoon
Shifts (as defined in sub-clause (a) (2)) - ordinary rates plus 15%.
(3) Night Shifts
(as defined in sub-clause (a) (3)) - ordinary rates plus 30%.
(c) Weekend and
Public Holiday Shifts:
(1) Saturday Shifts
- For all ordinary time worked, the major portion of which falls between
midnight Friday and midnight Saturday - ordinary rates plus 50%.
(2) Sunday Shifts -
For all ordinary time worked, the major portion of which falls between midnight
Saturday and midnight Sunday - ordinary rates plus 100%.
(3) Public Holiday
Shifts - For all ordinary time worked, the major of which falls on a public
holiday - ordinary rates plus 150%.
(d) Prescribed
Employees working 32 Hour Weeks:
(1) Permanent night
shift (as defined in sub-clause (a) (3)), Monday to Friday - ordinary rates
plus 11.5%.
(2) Saturday Shifts
(as defined in sub-clause (c) (1)) - ordinary rates plus 25%.
(3) Sunday Shifts
(as defined in sub-clause (c) (2)) - ordinary rates plus 75%.
(4) Public Holiday
Shifts (as defined in sub-clause (c) (3)) - ordinary rates plus 150%.
(ii) This subclause
provides:
(a) Transfer of Employee
to Shift work - Except as provided for in paragraph (b) of this sub-clause, a
day worker required by the Council to transfer to shift work will be paid for
all morning, afternoon and night shifts worked in the first week after
transfer, as follows:
(1) If transferred
to a 38 or 36.25 hour week roster - ordinary rates
plus 50%.
(2) If transferred
to a 32 hours week roster - ordinary rates plus 25%.
(b) A day worker
engaged upon day work, who requests and obtains a transfer to Shift Work, or as a result of having applied for and obtained a position
involving Shift Work, will not be entitled to the additional payments
prescribed by this subclause.
(iii) Notice for
Change in Roster - Where the employer changes the roster of a rostered shift
worker, other than a shift worker rostered for relief work, without having
first given the employee 48 hours clear notice of the change, the employee
concerned will be paid for the first shift worked on the altered roster at the
rate of ordinary time plus 100%.
(iv) The provisions
of this clause will not apply to a Caretaker in receipt of free quarters.
20. Overtime
(i) The
Council may require an employee to work reasonable overtime.
(ii) All time worked
by direction before the commencement of ordinary hours, or later than the
completion of ordinary hours, will be paid at the rate of time and a half for
the first two hours and double time thereafter.
(iii) Saturday -
Overtime worked on Saturday will be paid for at the rate of time and a half for
the first two hours and double time thereafter,
provided any overtime worked after 12 noon on Saturday will be paid for at the
rate of double time.
(iv) Sunday -
Overtime worked on Sunday will be paid for at the rate of double time.
(v) Public Holidays
(a) Overtime worked
on a Public Holiday as prescribed by this award will be paid for at the rate of
double time during those hours which would be ordinary hours of work.
(b) Any portion of
overtime worked on a Public Holiday outside the employee's ordinary working
hours of work will be paid for at the rate of triple time.
(c) The payments
prescribed in (a) and (b) of this subclause will be in addition to the
employee's normal pay for the holiday, where such an entitlement arises under
this Award.
(vi) Overtime worked
on any day, whether in broken periods or otherwise, will be regarded as
continuous.
(vii) Where the major
portion of a period of overtime worked extends into a Sunday or Public Holiday,
the whole of the overtime will be deemed to have been worked on the Sunday or
Public Holiday, as the case may be.
(viii) Where overtime
commences or terminates at an hour where the usual means of transport are not
available, the Council will provide, or pay for, suitable transport direct to
the employee's home.
(ix) Minimum Payment
- an employee who has ceased work and returned home will, if required to resume
and cease work before the employees normal starting time, receive a minimum
payment equivalent to four (4) hours work at the appropriate overtime rates. The provisions of this Clause will not apply
to the following:
(a) To a Caretaker
residing on premises at the place of employment.
(b) Where an employee ceases work without permission or at the request
of the employee, before normal ceasing time for such work.
(x) Ten Hour Break
(a) Overtime
required to be worked by Council will be arranged so that the employee has at
least a ten consecutive hour break between the completion of work on one day
and the commencement of work on the next.
(b) Where overtime
is not arranged as set out in paragraph (a) of this subclause, the employee
upon completion of such overtime, will be granted ten (10) consecutive hours
off duty without loss of pay for ordinary working time. If an employee is
instructed to resume work without having had ten consecutive hours off duty,
the employee will be paid at double ordinary rates until such time as the ten hour break is granted.
(xi) Exemption from
Overtime - The provisions of this clause will not apply to salaried employees
whose salary is set at a rate equivalent to the entry level of Grade 14 and
above.
(xii) Time Off in Lieu
of Overtime - Where there is prior agreement between the Council and the
employee, an employee directed to work in excess of
ordinary hours may elect either to be paid the appropriate overtime rate or be
granted time off in lieu equivalent to the actual hours worked. This paragraph
will not apply to employees who are on call or called back to work. Such time
must be taken within three (3) calendar months of accrual otherwise overtime
rates will be applied.
(xiii) Shift workers
(a) Non continuous
overtime - a shift worker called back to work overtime will be paid at the rate
of double time.
(b) Public Holidays.
(i) Overtime
worked by a shift worker on a Public Holiday will be paid at the rate of double
time and one half.
(ii) Any time worked
by a shift worker on a Public Holiday that falls between the employee’s
ordinary rostered working hours will not be regarded as overtime and will be
paid for at the appropriate penalty rates.
21. Leave Entitlements
A. ANNUAL
(i) Annual
Leave will accrue to full-time employees at the rate of 20 days per annum and
part-time employees at the rate of one and two thirds
days per month on a pro-rata basis.
(ii) If any special
or public holiday for which an employee is entitled to payment occurs during
the period of their annual leave, the leave period will be extended to account
for such paid holidays.
(iii) If both parties
agree, the leave may be taken in any combination of separate periods, provided
the leave is due and taken in whole days.
(iv) If both parties
agree, annual leave may be taken wholly or partly in advance.
(v) If employed for
a full year, a part time employee will be entitled to annual leave calculated
on a proportionate basis.
(vi) Rostering -
Council may roster the taking of annual leave and, unless otherwise agreed
between both parties, the date fixed for this purpose will be within a period
of twelve months after the annual leave became due.
(vii) This subclause
provides:
(a) Notice by
Council - The Council will give employees at least one month’s notice of the
date upon which they are to proceed on annual leave. In the case where annual
leave is rostered, notice of at least two months will be given.
(b) Notice by
Employee - The employee is required to give 2 weeks’ notice of the intention to
take leave.
(viii) This subclause
provides:
(a) Employees are entitled
to receive their ordinary pay for the holiday period in full prior to
proceeding on annual leave.
(b) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three calendar months immediately proceeding
the taking of annual leave, and the employee has not ceased to do such work for
an aggregate period of more than five working days, the employee will be paid
for the annual holiday at the rate applicable to the higher classification.
(c) Loading - In addition
to the payment prescribed in paragraphs (a) and (b) of this sub-clause, an
employee will be paid a loading equivalent to 17.5% of four weeks ordinary wage
in respect of each four weeks annual leave accruing. However, in the case of an
employee engaged on rostered Shift Work for a period of twelve months prior to
the taking of annual leave, the employee will continue to be paid the penalty
rates relevant to the existing or projected roster, or the loading prescribed
by this paragraph, whichever is the greater.
(ix) On resignation
or termination of employment, the Council will pay to the employee, or the duly
authorised legal representative of the employee, all annual leave due to the
employee. This will include payment for any annual leave due to the employee on
a proportionate basis. The amount payable will be calculated at the employee’s
ordinary rate of pay applicable at the date of termination.
B. BEREAVEMENT
LEAVE
(i) Where
an employee, other than a casual employee, is absent from duty because of the
death of a person in accordance with paragraphs (a) to (e) below and provides
satisfactory evidence to council of such, the employee will be granted two days
leave with pay upon application. Persons in respect of whom bereavement leave
may be claimed will include:
(a) a spouse of the
employee;
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person;
(c) a child or an
adult child (including an adopted child, stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee;
(d) a same sex
partner who lives with the employee as the de-facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where for the purposes of
this paragraph:
‘relative’ means a person related by blood, marriage or
affinity;
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other; and
‘household’ means family group living in the same
domestic dwelling.
(ii) Bereavement
leave will be taken within a reasonable period as soon as practicable from the
date of the death of the individual.
(iii) Employees will
be entitled to an additional three days bereavement
leave following the death of a parent (including foster and step-parent),
spouse (including de-facto partner and same sex partner) or child (including
step, foster child).
(iv) An employee will
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
(iv) Bereavement
Entitlements for Casual Employees
a. Subject to
providing satisfactory evidence to Council, casual employees are entitled to
not be available to attend work, or to leave work upon the death of a person
prescribed in subclause 21B(i) paragraphs (a) to (e)
above.
b. Council 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 days) per occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
c. Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual are otherwise not affected.
C. PERSONAL
CARER’S LEAVE
(i) Personal
Carer’s leave is available to:
(a) provide care
and/or support for sick members of the employee’s family or household when they
are ill or require care due to an unexpected emergency;
or
(b) provide for the
flexible use of other entitlements.
The personal carer’s leave described in this section C
is available to full time and part time staff - but not casual staff.
(ii) The entitlement
to use leave in accordance with this section is subject to the employee being
responsible for the care and support of the Person Concerned.
(iii) For the
purposes of this section C and section C(A), a ‘Person Concerned’ refers to a
person who needs the employee’s care and support and is:
(a) a spouse of the
employee;
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person;
(c) a child or an
adult child (including an adopted child, stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the employee;
(d) a same sex
partner who lives with the employee as the de-facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where for the purposes of
this paragraph:
’relative’ means a person related by blood, marriage or affinity
‘affinity’ means a relationship that one spouse because
of marriage has to blood relatives of the other: and
‘household’ means family group living in the same
domestic dwelling.
(iv) An employee,
other than a casual or other employee that receives a loading in lieu of sick
leave, with responsibilities in relation to a person who needs their care and
support will be entitled to use the untaken sick leave, from that year’s annual
sick leave entitlement, to provide care and support for such persons when they
are ill or require care due to an unexpected emergency.
(v) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (ii) above, sick leave untaken from the previous year may
also be accessed by an employee with responsibilities in relation to a person
who needs their care and support.
(vi) The Council may,
in special circumstances, make a grant of additional sick leave. This grant can
only be taken from sick leave untaken prior to the period referred in (v)
above.
(vii) The employee
will, if required, establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person or establish by production of
documentation the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(viii) The employee
will, wherever practicable, give the Council notice prior to their absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee will notify the Council by telephone
of such absence at the first opportunity on the day of absence.
(ix) In normal
circumstances, the employee must not take leave under this section C where
another person has taken leave to care for the same person.
(x) An employee may
elect, with the consent of the Council, to take:
(a) annual leave,
including annual leave not exceeding ten days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties;
(b) an employee may
elect with the Council’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due;
(c) long service
leave; or
(d) leave without
pay for the purpose of providing care and support to the person concerned as
defined in (iii).
(xi) Personal carers
entitlements for casual staff:
(a) Subject to the
evidentiary and notice requirements in (vii) to (viii), casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a Person Concerned (as defined in (iii)) who is sick and requires care
and support, or who requires care due to an unexpected
emergency, or the birth of a child.
(b) The Council 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 (ie two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) The Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of the Council to engage or
not to engage a casual employee are otherwise not affected.
C(A). FLEXIBLE WORK
PRACTICE ALTERNATIVE TO PERSONAL CARER’S LEAVE
(i) Time
off in Lieu of Payment of Overtime:
(a) An employee may
elect, with the consent of the Council, to take time off in lieu of payment of
overtime at a time or times agreed with the Council within 12 months of the
said election.
(b) Overtime taken
as time off during ordinary time will be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (i)(a)
above, the leave is not taken for whatever reason, payment for time accrued at
overtime rates will be made at the expiry of the 12 month
period from the date the overtime was worked, or earlier by agreement, or on
termination.
(a) Where no
election is made in accordance with (i)(a) the
employee will be paid overtime rates in accordance with the relevant industrial
instrument.
(ii) Use of make-up
time:
(a) An employee may
elect, with the consent of the Council, 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 provided in the
relevant industrial instrument, at the ordinary rate of pay.
(b) An employee on
Shift Work may elect, with the consent of the Council, 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.
D. LONG SERVICE
LEAVE
(i) An
employee will be entitled to long service leave at their ordinary rate of pay
as follows:
|
Length
of Service
|
Entitlement
|
|
Prior to 22/8/83
|
Since 22/8/83
|
|
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 service
|
30.5 weeks
|
35 weeks
|
|
For every completed period of 5 years service thereafter
|
11 weeks
|
13 weeks
|
(a) Long service leave
will accrue in accordance with the above table and proportionately for each
completed month of service.
(b) Where an
employee has completed more than 5 years’ service with the Council and is
terminated for any cause, the employee or the authorised or legal
representative of the employee, will be paid the monetary equivalent of all
long service leave accrued but not taken by the employee at the date of
termination. The entitlements will be calculated in accordance with the table
set out in part (a) of subclause (i) of this clause.
(ii) Notice
(a) The Council must give the employee at
least one month’s notice of the granting of long service leave.
(b) The employee is required to give 2 weeks’
notice of the intention to take long service leave.
(iii) If both parties agree, accrued long service
leave may be taken in separate periods of not less than one week.
(iv) Employees are entitled to receive their
ordinary pay for the period of long service leave prior to taking leave.
(v) The period of long service leave will be
extended by any public holidays or award holidays that may fall during the
period of long service leave.
(vi) This subclause provides:
(a) For the purpose of calculating long
service leave entitlements in accordance with subclause (i)(a)
of this clause all prior continuous service with any other Council within New
South Wales will be deemed to be service with Council.
(b) Continuity of service will be deemed not
to be broken by transfer or change of employment from another Council provided
the period between cessation of service and the date of employment with South
Sydney City Council does not exceed three months.
(vii) Where an employee is employed in accordance
with the provisions of this Award and transfers to another Council and the
employee elects to transfer accrued long service leave entitlements, Council
will pay to the newly employing Council the monetary equivalent of all long
service leave accrued by the employee at the time of transfer. However, an employee
who at the time of transfer has completed at least five years continuous
service may elect to be paid the monetary equivalent of the entitlement.
E PARENTAL LEAVE
(i) Parental
Leave will be interpreted consistent with the provisions of Part 4, Parental
Leave of the Industrial Relations Act
1996 (NSW) as amended, the NSW Family Provisions Test Case 2005, and section
744 of the Fair Work Act 2009 (Cth).
(ii) Parental Leave
includes maternity leave, paternity or partner leave or adoption leave.
(iii) An employee is
only entitled to parental leave if the employee has had at least 12 months
continuous service.
(iv) Parents cannot
take parental leave at the same time except periods of short paternity or
partner leave or periods of short adoption leave.
(v) Entitlement:
(a) an employee is
entitled to a total of 52 weeks parental leave in connection with the birth or
adoption of a child; and
(b) parental leave
is not to extend beyond 1 year after the child was born or adopted.
(vi) Paternity or Partner Leave
(a) Paternity or partner leave is leave taken
by an employee in connection with the birth of a child of the employee or the
employee’s spouse (being a child born as a result of
the pregnancy of that spouse).
(b) Paternity Leave consists of up to 2 weeks
leave on full pay or 4 weeks on half pay at the time of birth of the child or
termination of pregnancy (short leave in accordance with subclause 21E(iv); and
(c) a further unbroken period including 4
weeks on full pay or 8 weeks on half pay in order to be the primary care-giver of the child
(d) Paternity or 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 (c) above, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
(1) If applicable,
the period of any maternity leave sought or taken by the employee’s spouse or
partner, and
(2) That the
employee is seeking that period of extended paternity or partner leave to
become the primary care-giver of their child
(vii) Maternity Leave
(a) An employee who
has completed 12 months continuous service and who produces a medical
certificate from a legally qualified medical practitioner stating that she is
pregnant and specifying the expected date of delivery will be entitled to:
18 weeks full pay; or
36 weeks half pay from the date maternity leave commences;
(b) The employee will provide at least 10
weeks written notice of the intention to take leave.
(c) Other arrangements for maternity leave
will be in accordance with the Council’s Parental Leave Policy.
(viii) Adoption Leave
(a) Adoption Leave is leave taken by a male
or female employee in connection with the adoption by an employee, or a partner
of an employee, of a child under the age of 18 years. Adoption leave consists of:
(1) An unbroken
period of up to 3 weeks unpaid leave at the time of the placement of the child
with the employee; and a further unbroken period in order to be the primary care-giver of the child.
(2) An employee,
entitled to adoption leave, who adopts a child under the age of 5 years will be
entitled to:
18 weeks full
pay; or
36 weeks half
pay.
(b) Adoption leave is subject to the employee
providing:
a statement
from an adoption agency or another appropriate body of the expected date of
placement of the child with the employee for adoption purposes; and
a statutory
declaration by the employee stating, where applicable, the period of any
adoption leave sought or taken by the employee’s spouse or partner, and that
the employee is seeking that period of extended adoption leave to become the
primary care-giver of their child.
(c) For the purposes of this Clause, spouse
includes a de facto spouse.
(ix) The weekly rate of pay referred to in
sub-clauses 21E(vi), (vii) and (viii) will be based on the employee’s
substantive hourly salary times the average number of ordinary weekly hours
worked over the preceding 12 months.
(x) Notice of Intention to Take Parental Leave
(a) The employee
should give at least 10 weeks’ written notice of their intention to take leave.
(b) In the case of
maternity leave and paternity leave the employee must give 4 weeks’ written
notice of the dates on which the leave will commence and end.
(c) 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.
(xi) Right to Request
(a) An employee entitled to parental leave may
request the Council to allow the employee to:
(i) extend the period of simultaneous
parental leave use up to a maximum of eight weeks;
(ii) extend the period of unpaid parental leave
for a further continuous period of leave not exceeding 12 months; and
(iii) return from a period of parental leave on a
part-time basis until the child reaches school age,
to assist the
employee in reconciling work and parental responsibilities.
(b) The Council will consider the request
having regard to the employee's circumstances and, provided the request is
genuinely based on the employee's parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or
Council’s business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
(c) The employee's request and Councils
decision made under subclauses 21E(xi)(a)(ii) and 21E(xi)(a)(iii) must be
recorded in writing.
(d) Request to return to work part-time -
Where an employee wishes to make a request under subclause 21E(xi)(a)(iii),
such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which the employee is due to return to work from
parental leave.
(xii) Communication during parental leave
(a) Where an employee is on parental leave
and a definite decision has been made to introduce significant change at the
workplace, the Council will take reasonable steps to:
(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
(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.
(b) The employee
will take reasonable steps to inform the Council 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.
(c) The employee
will also notify the Council of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a) above.
F. SICK LEAVE
(i) Definition - Sick Leave - Sick Leave is paid
leave of absence (payable at the ordinary rate) which is granted to an employee
when the employee is unable to perform his/her duties on account of illness or
injury.
(ii) Entitlements:
(a) Upon
appointment - 15 days.
(b) Upon completion
of each 12 months of service subsequent to appointment
- 15 days.
(c) Sick leave will
be cumulative from year to year.
(d) Part-time
employees will have pro-rata entitlement to sick leave calculated upon the
number of hours worked per year.
(iii) Notification of
absence
(a) An employee
unable to attend work through illness or injury will contact their supervisor
or designated person as soon as practicable.
(b) Where possible
the employee must advise their supervisor of the anticipated length of their
absence from work.
(iv) Provision of Medical Certificates
(a) When an
employee is absent from work owing to illness or injury for a period in excess of two consecutive working days (inclusive of
weekends) the employee must provide a certificate from a qualified medical
practitioner, confirming that the employee was unfit to attend work for the
period claimed as sick leave. This certificate must be dated within 3 days from
and inclusive of the first day of absence.
(b) When an
employee has three (3) absences (including carer’s leave absences) not
supported by a medical certificate in a year, the employee is required to
furnish a medical certificate for all future absences for the balance of that
service year.
(c) When an absence
of sick leave is likely to extend for a period longer than 5 days, the employee
must provide a medical certificate to their supervisor which shows the
anticipated date of return.
(d) When the absence
extends beyond the date shown on the initial certificate issued, the employee
must submit a new certificate which shows the anticipated date of return and
will continue to provide such certificates until the employee returns to work.
(e) Requests for
payment of sick leave will be submitted on the appropriate form supplied by the
Council.
(v) Direction to attend a Medical Examination
Council may
direct an employee to attend a medical practitioner nominated by the Council:
(a) when it appears
unlikely that the employee will resume their employment;
(b) when the
absence is likely to be for a period which will exhaust the employees
entitlements to be paid sick leave;
(c) the employee is
ill so frequently as to raise the question of fitness to carry out the duties
of their substantive position; or
(d) when an
explanation for illness contained in a medical certificate is vague or
insufficient.
(vi) Sick Leave Without Pay
(a) Where an
employee has exhausted all accrued sick leave entitlements and the employee is
unable to attend for duty owing to illness or injury, the period of absence
will be regarded as sick leave without pay.
(b) An employee’s
entitlement to sick leave without pay will be 60 days.
(c) Periods of sick
leave without pay will count as service provided the maximum period or periods
of sick leave without pay does not exceed a total of 60 days.
(vii) Public holidays
occurring during a period of absence due to sick leave, will not be counted as
sick leave.
(viii) Higher Grade -
Where an employee performs duties of a higher grade for a continuous period of
at least three (3) calendar months immediately preceding the taking of sick
leave, and the employee has not ceased to do such work for an aggregated period
of more than five (5) working days, the employee will be paid for the sick
leave at the rate applicable to the higher classification for a maximum of 20
days for any one absence.
(ix) Illness when on Annual/Long
Service Leave - If an employee becomes sick or is injured whilst on annual
leave or long service leave, the employee may elect to have the period of
illness treated as sick leave and at a time convenient to the Council take
additional holiday leave equivalent to the period of illness, provided:
(a) the period of
illness or injury is at least 7 days; and
(b) the illness or
injury is supported by medical evidence satisfactory to the Council confirming
that the employee was housebound.
(x) Refund of Sick
Pay - Where an employee obtains a verdict for damages or an amount of money in
settlement of a claim for damages against a third party in respect of an injury
or illness for which the employee has received sick pay in accordance with the
provisions of this clause, the employee will refund to the Council any such
sick pay paid by the Council insofar as the verdict or settlement includes an
amount in respect of such sick pay.
(xi) Council’s
liability under this clause in respect of one continuous absence of sick leave
is limited to 315 days for staff employed as at 11
February 1980 and 260 days for those employees commencing employment on and
after the 12 February 1980.
G. OTHER LEAVE
(i) Jury Leave
Full time or
part time employees required to attend jury service will be paid an amount
equal to the difference between what you are paid for jury service and what an
employee would have been paid if they had worked their rostered hours.
22. Public Holidays
(i) New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter
Monday, Anzac Day, Head of State’s (King’s) Birthday, Labour Day, Christmas
Day, Boxing Day and any other days proclaimed as
public holidays by the New South Wales State Government will be holidays under
this Award.
(ii) In addition to
the days provided for in sub-clause (i), employees
who are Aboriginal and Torres Strait Islanders will be entitled to one day
during NAIDOC week so that they can participate in National Aboriginal and
Islander Day celebrations.
(iii) Where a holiday
occurs on a day on which an employee is rostered off while employed on a
rotating roster system, the employee will be paid an ordinary day’s pay for
that day. This payment will be in addition to an ordinary week’s pay, provided
that the additional amount paid for the public holiday does not exceed eight
hours pay.
(iv) Where an
employee is required to perform higher grade duties for the full day proceeding
or following a public holiday, the employee will be paid for the holiday at the
higher grade rate.
(v) An employee who
is absent without pay on the working days immediately before and following a
public holiday will not be entitled to payment for the holiday.
23. Union Picnic Day
(i) This
subclause provides:
(a) Union Picnic
Day is for the purposes of this Award regarded as a holiday for employees who
are financial members of the union(s).
The Union Picnic Day will be held on a day that is agreed to by the
Council and the Union(s).
(b) The union(s)
will advise the Council of financial members as at the time of the Union Picnic
Day. Such advice must be given at least
two weeks prior to the Union Picnic Day.
(ii) Where an employee, who is not a financial
member of the union(s), is required to work on Union Picnic Day, the employee
will be paid ordinary pay for the normal working day.
(iii) Employees who are not financial members of
the Union(s) and who are not required by Council to work on Union Picnic Day
may apply to the Council to take annual leave, time off in lieu of overtime,
leave without pay, such other leave as may be approved by Council, or may be
required by Council to make up overtime.
24. Calculation of
Service
(i) For
the purpose of this Award, the following periods will be taken
into account in calculating service with the Council:
(a) any leave of
absence with pay approved by Council;
(b) any leave of
absence without pay approved by Council but not
exceeding one ordinary working week;
(c) periods of
absence due to accident or incapacity for work covered by the Workers
Compensation Act 1987;
(d) previous periods
of service which were not terminated by resignation or dismissal; and
(e) any period of
service with the Australian Military Forces provided that the employee enlisted
or was called up direct from the service of the South Sydney City Council and
the employee subsequently returned to Council’s service.
(ii) Sick Leave without Pay - where sick leave
has been approved by Council, the period of leave will count as service,
provided:
(a) the maximum
period or periods of leave without pay to count as service does not exceed a
total of 60 days;
(b) any periods of
sick leave without pay approved to count as service will be aggregated so that
the maximum available throughout the employee’s employment with Council will be
limited to a total amount of 60 days; and
(c) where the
incapacity is due to war caused disabilities accepted by the Department of
Veteran’s Affairs, the employee will be entitled to have counted as service one
additional week for each year of the employee’s service.
25. Work Health & Safety
(i) 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 may carry out their work free from the risk
of injury or harm.
(ii) The Council 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.
(iii) The Council 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.
(iv) Employees who identify potential risks or
hazards must immediately report the risk or hazard to their immediate
supervisor or the WHS Committee.
26. Uniforms, Clothing
and Safety
(i) Where the Council provides an employee
with a uniform or safety/protective clothing, including safety footwear:
(a) The Council will pay for the cost of
clothing.
(a)
The
employee will wear and use such clothing (including footwear) as directed, and to achieve the purpose for which it was supplied.
(b)
The
Chief Executive Officer will determine the style, nature, quality and quantity of clothing.
(d) Lost or damaged clothing due to an
employee’s misuse or negligence will be replaced or paid for by the employee to
whom the clothing was issued.
(ii) This subclause provides:
(a) All employees will
comply with safety regulations and wear all safety equipment
and clothing at all times.
(b) An employee who
fails or refuses to wear safety clothing (including footwear) will not be
permitted to commence work and will be sent home to collect the clothing. The
employee will receive no pay for the absence.
(c) An employee who
continues to breach the provisions of this clause will be subject to
disciplinary action.
27. Workplace
Efficiency
(i) The
union(s) and employees concerned will cooperate in relation to the introduction
of mechanisation or technological changes in the Council, depending on prior
consultation. This is to enable advantage to be taken of new or improved
technology so as to achieve efficiency gains, both
monetary and otherwise, by enabling the most suitable plant and equipment to be
used, and to facilitate the introduction of mechanisation or technological
changes.
(ii) Where the
Council does not have specialised equipment or plant, or where purchase of such
equipment could not be financially justified, or where work involves expertise
beyond Council’s staff, or in special circumstances, contractors may be used to
perform work concerned.
(iii) The Council may
reintroduce time clocks and/or attendance books for all personnel with no loss
of privilege to current individual staff exempted at present.
(iv) The Council may
rearrange lunch breaks to increase effective working time and reduce disruption
to the workforce.
(v) To achieve
increases in effective working time, existing practices will be altered so
that:
(a) Morning/afternoon
tea breaks are to be taken where the employee is working; and
(b) The maximum
period of 10 minutes changing, showering and washing time,
allowed as a concession to those employees whose normal duties necessitate that
they have a shower or a wash before departing, will not be exceeded.
(vi) To shorten the waiting
time for stores and materials, to obtain more effective use of working time and
to facilitate faster completion of jobs, employees concerned will cooperate
with management in the early planning of stores acquisitions and related
matters.
(vii) Trades staff are
to cooperate with management in improving, where feasible, the orderly and
economical scheduling of work to be done by the various trades concerned in
jobs where more than one trade is involved.
(viii) Employees will
co-operate in the introduction of future improvements in working practices and
procedures and improved and more efficient working methods where reasonable and
will cooperate in reducing costs where practicable.
28. Exemption from
Industrial Action
The unions agree
that the following permanent exemptions will apply in relation to all
industrial action:
(i) Council may engage contractors to provide
security services in relation to the Administrative Offices and Council
Chambers complex, if Council deems it necessary for public safety and/or the
protection of property;
(ii) Emergency Services Officers are exempt
from all industrial action;
(iii) community services, including
meals-on-wheels and other services to aged persons, the food cooperative
service, the tenants’ support service, will be exempt from all industrial action;
(iv) watering and care of all horticultural
material, including nursery stock, seedlings, specialised turf sporting areas
and complexes will be exempt; and
(v) at the Administrative Offices and Council
Chambers, the following will be exempt from all industrial action:
(a) the staffing of
the Administrative Offices’ vehicular entrances;
(b) the staffing of
the Administrative Offices’ pedestrian entrances;
(c) the staffing of
the Council Chambers’ main entrance;
(d) the work of the
roving patrols of the Administrative Offices and Council Chambers;
(e) the Mayor’s Officer;
(f) Council’s Pest
Controller and their plant and equipment; and
(g) watching services
required by law at Council’s depots will be exempt from all industrial action.
29. Tool Allowance
(i) Where Council requires a tradesperson to
use tools as part of the performance of their duties the employee will be paid
a tool allowance.
The Council will otherwise provide all
necessary tools for all employees, except a tradesperson in receipt of a tool
allowance.
(ii) This subclause provides:
(a)
The rate
per week for tool allowances is set out in the following table:
|
Annual
Tool Allowances - Effective first Full Pay Period on or After 1 July 2021
|
|
Classification
|
Annual Rate
|
|
Bricklayer
|
$1,324.98
|
|
Carpenter and
Plumber
|
$1,785.00
|
|
Metal and
Mechanical Trades
|
$1,785.00
|
|
Painter and
Signwriter
|
$539.58
|
|
Plasterer
|
$1,515.72
|
|
Electrician
|
$1,191.36
|
|
Stonemason
|
$1,785.00
|
(b) The allowance
paid will be deemed to apply in respect to the full range of tools ordinarily
used in the performance of the employee’s trades, occupation
and duties.
(iii) The Council will:
(a) Provide a suitable
and secure weather proof lock-up for the purpose of
storing employees’ tools on the job.
(b) Insure and keep
insured against loss or damage by fire or theft while on Council’s premises,
such tools of employees as are necessary and used during the
course of their employment.
(iv) The employee
will, if requested to do so, provide the Council with a list of tools used.
(v) The Council
will provide tools, other than those expected to be provided by a Tradesperson
and for which the allowance is paid. Any argument about this matter is to be
dealt with in accordance with the dispute procedure of the Award or referred to
the Joint Consultative Committee for consideration.
30. Travelling
Expenses
(i) An
employee may apply for a monetary advance to cover those costs which can be
determined prior to the required travel.
(ii) Upon
presentation of receipts or other accepted documentation, the employee may claim
for reimbursement of all reasonable expenses incurred (less any advance paid)
in connection with the employee’s duties as directed.
(iii) Travel
arrangements, including accommodation, will be arranged mutually between the
employee and the appropriately authorised Council employee.
31. Meal Breaks
(i) Unpaid
Breaks - An unpaid break of a minimum of 30 minutes will be given and taken
within the first 5 hours of continuous work.
(ii) Payment when
meal break not able to be taken:
(a) Overtime - An employee
required to work overtime for 2 hours or more immediately after the agreed
finishing time will be granted a meal break not exceeding 20 minutes. Where an
employee is required to work a further 4 hours following the first two hours of
overtime a break of 20 minutes will be taken each subsequent 4 hours worked.
(b) Shift Work - An
employee working Shift Work will be granted a paid break of 30 minutes in each
shift.
(iii) All meal and crib breaks will be taken at
the direction of the Council.
(iv) Meal and crib breaks will not be regarded
as an interruption to overtime.
(v) This subclause provides:
(a) Except in cases
of extreme emergency, an employee will not be required to work continuously for
more than 5 hours without a meal or crib break.
(b) Where this is
required, an employee will be paid at the rate of double ordinary rates for all
ordinary time worked after the expiry of the 5-hour period. This payment will continue until the meal
break is granted or until normal finishing time, whichever is earlier.
(c) Extension of
Meal Break - Where there is prior agreement between the Council and the
employee(s), the taking of meal breaks may be extended beyond 5 hours without
the payment of overtime. Agreements reached in relation to the extension of
meal breaks must be genuine.
32. Payment to
Dependants of a Deceased Employee
Where the service of
an employee is terminated by death and the employee has an entitlement to payment
for annual and/or long service leave, then the amount to which the employee
would have been entitled will be paid by the Council to the estate of the
deceased employee upon notification.
33. Employee
Representatives
(i) Employees may
nominate an employee representative of their choice, as defined below, to
represent them in consultations with the Council and/or the Unions.
(ii) For the purposes of this Award,
"employee representative" means an employee of the Council, covered
by this Award, nominated by an affected employee(s) of the Council from time to
time.
(iii) With written notification given to the
Council, employee representatives will be allowed reasonable time from usual
duties, with pay, to represent employees during consultations.
(iv) Employee representatives may also be granted leave of absence
with pay to undertake training of up to 3 days on the following conditions:
a. the content of the training will enhance their role in
carrying out representational functions under this Award; and
b. the Council's operating requirements permit the granting of
the leave and are subject to the normal leave approval process.
(v) While the Council provides employee representatives access to
the Council's electronic mail system for the purposes of carrying out functions
under this Award, Information Technology policies apply to all users of the
Council's information technology facilities and acceptance of the policies and
associated rules governing the use of IT facilities is a condition of use.
(vi) Employee representatives may, with the approval of the
Council, hold meetings with the affected employees on the premises of the
Council at times and locations agreed between the employee representative and
the Council, provided that adequate notice is given to the Council of the
intention to hold such meeting and the location thereof, and that such meetings
are not held during working hours.
34. Use of External
Resources (Contractors)
(i) Council
has a commitment to a viable, efficient and flexible
day workforce that will respond to community expectations in the performance of
its work programs.
(ii) Whilst
acknowledging the circumstances where external resources are used (refer to
paragraph (v) of Clause 27 - Workplace Efficiency), Council gives a commitment to;
(a) develop its
staff to become competitive, efficient and responsive
to changing climates, and
(b) provide
meaningful and rewarding work to its employees.
(iii) The parties recognise
that there needs to be effective communication in relation to all issues
associated with contracting, particularly at the workplace level. To facilitate
this;
(a) Unit Managers
will communicate on a regular (say monthly) basis with the appropriate
delegate(s) and supervisors as necessary to discuss these issues.
(b) Access is then
available to Divisional Directors Departmental Heads about unresolved problems
raised at monthly meetings.
(c) Should a matter still remain unresolved
it may, without restricting the parties rights under
the Disputes Settlement Procedure, be referred to the Joint Consultative
Committee for further consideration.
35. Termination of
Employment
The Council will
apply the Industrial Relations Act
1996 (NSW) if it terminates the employment of an employee.
(i) In
circumstances which might lead to the Council terminating an employee’s
employment, the Council will apply the provisions of Part 6 of the Industrial
Relations Act 1996 (NSW). It will
also apply the matters set out in this clause.
(ii) The Industrial
Relations Act 1996 (NSW) sets out the employee’s rights if their employment
is terminated by the Council. The Council is committed to applying the Act.
However, the Act does not become part of this Award. Therefore an
employee’s rights are not frozen if the Act changes.
(iii) Instead of
giving the employee notice set out in this clause, the Council can pay the
employee for the notice period or can reduce the notice period and pay the
employee for that reduction. If the
Council chooses to pay the employee instead of allowing her/him to work for the
full notice period, it will calculate the amount it pays the employee at their
ordinary rate of pay for the ordinary hours he/she worked during the period of
notice.
(iv) If the employee
decides to leave the Council’s employment, then they must give to the Council
two weeks’ notice. If the employee does
not give the Council the correct amount of notice the Council can deduct from
any money it owes to the employee the amount they
would have earned if they had worked their ordinary hours for the period of
notice they have given.
(v) The employment
of a full time or part time employee may be terminated by the giving of notice
or the forfeiture by the employee of payment in lieu of notice. This will not affect the right of the Council
to dismiss an employee without notice in the case of an employee guilty of
serious misconduct, that is, misconduct of such a nature that it would be unreasonable
to require the Council to continue the employment of the employee concerned
during the required period of notice.
(vi) The Council will
give to an employee a period of notice of termination in accordance with the
following table.
|
Employee's
Period of Continuous Service
|
Period
of Notice
|
|
Less than 2 years
|
2 weeks
|
|
2 years and less
than 3 years
|
3 weeks
|
|
3 years and less
than 5 years
|
4 weeks
|
|
5 years and beyond
|
5 weeks
|
(vii) For the purpose
of this Clause "serious misconduct" includes:
(a) wilful, or deliberate,
behaviour by an employee that is inconsistent with the continuation of the
contract of employment; and
(b) conduct that
causes imminent, and serious, risk to:
(i) the
health, or safety of a person; or
(ii) the reputation of
the Council.
(viii) For the purposes
of subsection (vii) of this clause, conduct that is serious misconduct
includes:
(a) the employee, in the course of the employee’s employment, engaging in:
(1) theft;
(2) fraud; or
(3) assault;
(4) the employee
being intoxicated at work;
(5) the employee
refusing to carry out a lawful and reasonable instruction that is consistent
with the employee’s contract of employment; or
(6) the employee is
guilty of a breach of the Council’s Code of Conduct and/or disciplinary code as
may be varied by the Council from time to time.
(ix) If an employee
is unhappy about how the Council applies this clause to an employee, he or she
can use the dispute settlement procedure set out in clause 5 - Grievance and
Disputes Settlement Procedure.
(x) If the Council
has given notice, it will give the employee up to one day off without loss of
pay so that he or she can look for other employment. The employee can take time off when it is
convenient for he or she and the Council, after the
employee has consulted with the Council.
(xi) In any case
where it has been established to the satisfaction of the Chief Executive
Officer, or a duly authorised representative, that an employee has been guilty
of serious misconduct or breach of discipline, the Chief Executive Officer may
do the following instead of terminating the employee’s employment:
(a) suspend the
employee for a period not exceeding one ordinary working week;
(b) defer payment of
a wage increment; and/or
(c) reduce the rate
of the employee’s hourly rate either permanently or for a specified period.
(xii) An employee with
more than two months service on leaving or being discharged will, upon request,
be given a certificate of service in writing. Such certificate of service will
contain information as to the length and nature of the employment of the
employee.
(xiii) Council will,
provide an employee whose employment has been terminated, an "Employment
Separation Certificate" in the form required by the relevant government
department or agency.
36. Workplace Change
and Redundancy
(i) Council's
Duty to Notify:
(a) Where the
Council has made a definite decision to introduce major workplace changes, such
as restructuring or technology that is likely to have a significant effect on
its employees, Council will notify the employees who may be affected and the
union to which they belong.
(b) A 'significant
effect' could include:
(1) Termination of employment;
(2) Major changes
to the composition, operation, skill requirements or size of Council's workforce;
(3) The elimination
or diminution of job opportunities, promotion or job tenure;
(4) the alteration
of hours of work;
(5) the need for
retraining or transfer of employees to other work or locations; and
(6) the
restructuring of jobs.
(ii) Council's Duty
to Discuss Change
(a) In addition to providing
notification, Council will discuss the introduction of major workforce changes
with affected staff and their union representatives, including the likely
impact the changes may have on employees, and measures that may be implemented
to avert or mitigate any adverse effects.
(b) Council will
commence discussions and provide all relevant information about the proposed
changes as early as possible.
(iii) Discussion
before Termination
(a) Where Council
has made a definite decision that it no longer wishes the job being performed
by an employee to be done by that individual or any other employee and, as a consequence of this decision, the individual's
employment may be terminated, discussions will be held with that employee and
their union representatives.
(b) The Council will
also provide all relevant information about the proposed terminations,
including the reasons for the proposed terminations, the number
and categories of staff likely to be affected and the number of employees
normally employed by the Council, as well as the period over which the
terminations are likely to be carried out.
(iv) Notice to
Government Agencies
In the event of termination(s), the Council will
provide the relevant government agencies, such as Centrelink, with information
regarding the redundancies as soon as possible. The information will include
the number and categories of employees likely to be affected and the period
over which the terminations will be carried out.
(v) Notice to
Employee
(a) Council will
provide five weeks’ notice to terminate, or payment in lieu of such notice,
except in circumstances where a redundancy has arisen due to the introduction
of new technology.
(b) Where an
employee is to be terminated because of the introduction of new technology, the
employee will be entitled to three months’ notice of termination or payment in
lieu of such notice.
(c) Notice or
payment of notice under this subclause will count as service for the purposes
of calculating leave entitlements.
(vi) During a period
of notice of termination given by Council, an employee will be allowed up to
one day off without loss of pay during each week of notice for the purpose of
seeking other employment. Where required by Council the employee will provide
proof of attendance at an interview.
(vii) Redundancy
Entitlements
(a)
In addition to any required period of notice as
provided in subclause (v) of this clause, an employee will be entitled to the
following.
|
Year
of Service
|
Payment
|
|
0-1 year
|
2 weeks
|
|
1-2 years
|
6 weeks
|
|
2-3 years
|
10 weeks
|
|
3-4 years
|
14 weeks
|
|
4-5 years
|
16 weeks
|
|
5-6 years
|
18 weeks
|
|
6 years and beyond
|
20 weeks + 2 weeks for each additional year
of service up to a maximum of 34 weeks
|
(b) In addition, an employee will be entitled
to any other benefits determined by Council policy, to apply in relation to
redundancy arrangements.
(viii) Council will,
upon receipt of a request from an employee to show employment has been
terminated, provide to the employee a written statement specifying the period
of the employee's employment and the classification or the type of work
performed by the employee.
(ix) Council will,
upon receipt of a request from an employee whose employment has been terminated,
provide to the employee an "Employment Separation Certificate" in the
form required by the relevant Government department or agency.
(x) Wherever
practical and reasonable, voluntary redundancy remains Council's preferred
option for managing staff who, firstly have been identified as surplus to needs
as a result of workplace change and secondly, wish to
leave Council.
(xi) Redeployment:
(a) Wherever
practical and reasonable, redeployment remains Council’s preferred option for
management of surplus staff.
(b) Salary
Maintenance - Where an employee has been identified for redeployment and is
transferred in accordance with Council’s policy, salary maintenance to the
level of the employee’s substantive position will be provided for a period
limited to 12 months from the date of redeployment. Thereafter the employee
will receive the rate applicable to their redeployed position. Future award
increases will be absorbed until parity to the new redeployed rate is achieved.
37. Definitions
(i) Afternoon
Shift means ordinary daily working hours that finish after 8.00pm and at or
before midnight, Monday to Friday inclusive, except a public holiday.
(ii) Building
Tradespeople means a group of employees who have successfully completed an
apprenticeship in any one of the following trades;
Bricklaying, Carpentry, Painting, Plastering, Signwriting, Stonemasonry,
Tiling.
(iii) Child means a
child of the employee or the employee’s spouse under the age of one year.
(iv) Cleansing
Service Operator means a person employed in refuse collection or street and
gutter sweeping.
(v) Clerical
Positions means those positions whose duties are administrative and clerical in
nature and have been classified within the Clerical Scale.
(vi) Council Worker
means a person employed in the broadband classification of Council Worker to
carry out general labouring and operating duties (including minor trades work,
driving and plant operating).
(vii) Dismissal means
termination of the services of an employee by the Council.
(viii) Employee means a
person appointed to a classification prescribed by this Award.
(ix) Employer means
the Council of the City of Sydney and includes the Chief Executive Officer or any person authorised to act on the Council’s
behalf.
(x) Holiday Shift
means the ordinary daily working hours of a shift worker, the major portion of
which fall on a public holiday.
(xi) Hourly Rates
will be calculated by dividing the appropriate weekly wages by the ordinary
weekly hours.
(xii) Maternity Leave
is leave taken by a female employee in connection with the pregnancy or the
birth of a child of the employee.
Maternity leave consists of an unbroken period of leave.
(xiii) Mechanical
Tradesperson means a group of employees who have successfully completed an apprenticeship
as Motor Mechanic, Fitter or Welder and includes people classified as a
Mechanical Tradesperson Special Class and Parking Meter Mechanic.
(xiv) Morning Shift means
ordinary daily working hours that commence after 4am and before 5.30am, Monday
to Friday inclusive, except a public holiday.
(xc) Night Shift
means ordinary daily working hours that finish subsequent to
midnight and at or before 8.00am, Monday to Friday inclusive, except a public
holiday.
(xvi) Ordinary Rate
means the weekly rate of wages prescribed for a classification in this Award.
(xvii) Paternity or
Partner Leave is leave taken by a male employee or same sex partner in
connection with the birth of a child of the employee or the employee’s spouse.
(xviii) Primary Care
Giver means a person who assumes the principal role of providing care and
attention to a child.
(xix) Resignation means
voluntary termination of employment by the employee in accordance with this
Award.
(xx) Salaried
employee means an employee who is employed in a classification under clause 39
as a salaried employee.
(xxi) Saturday Shift
means ordinary daily working hours the major proportion of which fall between
midnight Friday and midnight Saturday.
(xxii) Shift Work means:
For salaried employees: work performed during ordinary
working hours in continuous morning, afternoon or
night shifts, in rotating shifts or in rostered shifts that include a Saturday
or Sunday. An employee engaged upon such work will be deemed to be a shift
worker.
For wages employees: work regularly carried on outside
the normal spread of hours during times set out in a roster.
(xxiii) Spouse includes a
de facto or former spouse.
(xxiv) Trainee means an
employee who is less than 18 years of age and who is undertaking an approved
traineeship under the Modern Apprenticeship and Traineeship System (MAATS).
(xxv) Sunday Shift
means ordinary daily working hours the major proportion of which falls between
midnight Saturday and midnight Sunday.
(xxvi) Union means an
organisation of employees registered under the Industrial Relations Act
1996 (NSW).
(xxvii) Wages employee means
an employee who is employed in a classification under clause 38 as a wages
employee.
PART B
WAGES EMPLOYEES
37. Wages
Classification Structure
The classification
structure has at its foundation a consistent and rigorous process of determining
relativities of positions.
(i) The
classification structure takes into account all the
features of work, including the nature of all conditions under which it is
performed and any hazards that may inevitably be experienced.
(ii) Movements
through each of the Levels will be based on the acquisition and application of
additional skills over a prescribed period, which will be a minimum of twelve
(12) months for any one Level. The minimum period is established to ensure that
the skills acquired can be applied to the full range of conditions that may
apply to the position and to an appropriate level of performance.
Table 1 - Categories of Employees
Categories of
employees who may be employed under this Award.
|
Apprentices
|
Rates of Pay as Specified
|
|
|
|
|
Labouring/Operational/Driver
|
Grade 1 (entry); Grade 2 (entry); Grade 3 (entry); Grade 4 (entry)
|
|
|
|
|
Operational/Supervision
|
Grade 5 (entry); Grade 5 (Step1); Grade 5 (Step 2)
|
|
|
|
|
Council Worker Grade 4 with Civil Construction Certificate III or
Horticultural Certificate III
|
Progression to Grade 5 (entry);
|
|
|
|
|
Council Worker Grade 5 with Civil Construction Certificate III or
Horticultural Certificate III
|
Progression to Grade 7 (Step 1)
|
|
|
|
|
Parking Station Attendant
|
Grade 4 (entry); Grade 5 (entry); Grade 5 (step 1)
|
|
|
|
|
Street Sweeper
|
Grade 3 (entry); Grade 4 (entry)
|
|
|
|
|
Refuse Collection/Labourers
|
Grade 5 (entry); Grade 5 (Step1); Grade 5 (Step 2)
|
|
|
|
|
Cleansing Driver (Major Plant)
|
Grade 5 (Step 2); Grade 5 (Step 3)
|
|
|
|
|
Gardeners - Building Trades
|
Grade 6 (entry); Grade 6(Step 1); Grade 7 (Step 1)
|
|
|
|
|
Drainers (Unlicensed)
|
Grade 7 (entry); Grade 7 (Step 1)
|
|
|
|
|
Drainers (Licensed/Registered) - Plumbers (Registered/Unlicensed)
|
Grade 7 (Step 1); Grade 7 (Step 2)
|
|
|
|
|
Plumbers (Registered/Licensed)
|
Grade 8 (Step 1); Grade 8 (Step 2)
|
|
|
|
|
Electricians (unlicensed)
|
Grade 7 (entry)
|
|
|
|
|
Electricians (licensed)
|
Grade 7 (Step 1); Grade 8 (Step 1); Grade 8 (Step 2)
|
|
|
|
|
Welder/Motor Mechanic (with Motor Vehicle Repair Allowance)
|
Grade 7 (entry); Grade 7 (Step 1)
|
|
|
|
|
Mechanical Tradesperson (Special Class or Equivalent)
|
Grade 8 (Step 1); Grade 8 (Step 2)
|
Table 2 - Rates of Pay
|
Annual
Pay Rates - effective from first full pay period on or after 1 July 2021
|
|
Trades and Non Trades
|
|
Grade
|
Entry Salary
|
Step 1
|
Step 2
|
Step 3
|
|
1
|
$52,786
|
|
|
|
|
2
|
$55,080
|
|
|
|
|
3
|
$58,581
|
|
|
|
|
4
|
$60,435
|
|
|
|
|
5
|
$62,068
|
$64,241
|
$66,490
|
$68,482
|
|
6
|
$63,715
|
$65,950
|
$68,258
|
$70,304
|
|
7
|
$65,888
|
$68,198
|
$70,585
|
$72,708
|
|
8
|
$68,643
|
$71,049
|
$73,538
|
$75,744
|
SALARIED EMPLOYEES
39. Salaried
Classification Structure
(i) Progression
Grades 1 to 13
(a) The
classification structure has as its foundation a consistent and rigorous process
of determining relativities of positions.
This process takes into account all the
features of work performed by salaried employees at Council, including the
nature of all conditions under which it is performed and any hazards that may
inevitably be experienced.
(b) Movements
through each of the Levels will be based on the acquisition and application of
additional skills over a prescribed period, which will be a minimum of 12
months for any one Level. The minimum
period is established to ensure that the skills acquired can be applied to the
full range of conditions that may apply to the position and to an appropriate
level of performance.
(c) Job Evaluation
Policy - The consistent analysis and evaluation of each position within the
grading structure must be undertaken in compliance with the Job Evaluation
Policy, as adopted by Council from time to time.
(ii) Leadership
Criteria and Performance Incentive Bonus Scheme Grades 14-18
(a) Leadership
Criteria is available to provide employees with the opportunity to receive
recognition for meeting or exceeding these criteria. Employees must complete
the 12 months review cycle with Council prior to being eligible for the bonus
payments.
(b) The rates of pay
for Leadership Criteria are set out in Table 4 of Part B of this Award.
(c) Employees who
have reached the Leadership Criteria pay rate will be eligible to participate
for Performance Incentive Bonus Payments as follows:
(1) New Employees -
for employees commencing employment after 14 August 2002:
(i) Stage
1: Performance bonus of up to 2.5% is available after a 12
month assessment process following successful completion of the
leadership criteria. The process will
start on 1 July 2003 with an assessment to take place between July and August
2004. The bonus of up to 2.5%, where
achieved will be paid by 30 September 2004.
(ii) Stage 2:
Performance bonus of up to 5% is available after a 12 month
assessment process. This will begin on 1
July 2004 and subject to the completion of the stage 1 performance assessment
process. The assessment will take place
between July and August 2005. The bonus of up to 5%, where achieved will be
paid by 30 September 2005.
(2) Existing
Employees - for employees commencing employment before 14 August 2002:
(i) Stage
1: Performance bonus of up to 5% is available after a 12
month assessment process following successful completion of the
leadership criteria. The process will
start on 1 July 2003 with an assessment to take place between July and August
2004. The bonus of up to 5%, where
achieved will be paid by 30 September 2004.
(ii) Stage 2:
Performance bonus of up to 5% is available after a 12 month
assessment process. This will begin on 1
July 2004 and subject to the completion of the stage 1 performance assessment
process. The assessment will take place
between July and August 2005. The bonus of up to 5%, where achieved will be
paid by 30 September 2005.
(d) Bonus payments,
where referred to in this clause are one off payments
and do not form a permanent part of the base salary of the employee.
(e) The amounts of
bonus payments for each stage are set out in Table 5 of Part B of this Award.
(f) Within 12
months of the making of this award the parties will negotiate to finalise the
model for the performance incentive bonus scheme and an appropriate training
agenda, for commencement of the process on 1 July 2003.
Table 3 - Categories of Employees
Categories of
employees who may be employees
under this Award.
|
Categories
|
Rates
of Pay
|
|
Trainees
|
Rates of Pay as specified
|
|
|
|
|
Cadets
|
Grade 1 (entry) to Grade 5 (entry)
|
|
|
|
|
Clerical Operational/Library Assistants
|
Grade 1 (entry) to Grade 5 (Step 2)
|
|
|
|
|
Parking Enforcement Officer
|
Grade 4 (entry); Grade 6 (entry); Grade 6 (entry)
|
|
|
|
|
Ordinance Inspectors
|
Grade 4 (entry); Grade 5 (entry); Grade 6 (entry) to Grade 6 (Step 2)
|
|
Clerical Officers
|
Appointments as made within the respective grades, Grade 6 to Grade
13.
|
|
Library Technicians
|
|
Technical Officers
|
|
|
Administrative Officers
|
|
|
Librarians
|
|
|
Team Leaders & Supervisors
|
|
|
Customer Service Officers
|
|
|
Town Planners
|
|
|
Engineers
|
|
|
Architects
|
|
|
Draftspersons
|
|
|
Environmental Health & Building Compliance
|
|
|
Community & Social Workers Managers & Coordinators
|
|
|
Specialist Categories & Senior Managers
|
Appointments as made within the respective grades, Grades 14 to 18.
|
Table 4 - Rates of Pay
|
Annual Pay Rates - effective from first full pay period
on or after 1 July 2021
|
|
3
|
Entry Salary
|
Step 1
|
Step 2
|
Step 3
|
|
1
|
$52,786
|
|
|
|
|
2
|
$55,080
|
|
|
|
|
3
|
$58,581
|
|
|
|
|
4
|
$60,435
|
|
|
|
|
5
|
$62,068
|
$64,241
|
$66,490
|
$68,482
|
|
6
|
$63,715
|
$65,950
|
$68,258
|
$70,304
|
|
7
|
$65,888
|
$68,198
|
$70,585
|
$72,708
|
|
8
|
$68,643
|
$71,049
|
$73,538
|
$75,744
|
|
9
|
$73,024
|
$74,854
|
$76,726
|
$78,642
|
|
10
|
$77,412
|
$79,346
|
$81,327
|
$83,364
|
|
11
|
$83,965
|
$86,059
|
$88,215
|
$90,421
|
|
12
|
$91,093
|
$93,367
|
$95,702
|
$98,096
|
|
13
|
$98,271
|
$100,725
|
$103,242
|
$105,826
|
|
|
|
Grade
|
On
Appointment
|
Leadership
Criteria in accordance with subclause (ii)(b) above
|
|
14
|
$108,618
|
$114,112
|
|
15
|
$116,500
|
$122,395
|
|
16
|
$124,400
|
$130,698
|
|
17
|
$135,315
|
$142,165
|
|
18
|
$146,852
|
$154,295
|
|
|
|
|
|
|
|
Table 5 - Performance Incentive Bonus Scheme
(i) Employees
employed after 14th August 2002
|
Performance Incentive Bonus
|
|
Grade
|
On
Appointment
|
|
Leadership
Criteria
|
|
|
|
14 - 18
|
Refer to Table 1
|
|
Refer to Table 1
|
|
Stage
1
(Bonus, where applicable to be paid by 30th September 2004)
|
|
|
|
0
to 2.5%
using the baseline of the salary listed in the leadership criteria
column.
|
|
Stage
2
(Bonus, where applicable to be paid by 30th September 2005)
|
|
|
|
0
to 5%
using the baseline of the salary listed in the leadership criteria
column.
|
(ii) Employees
employed before 14th August 2002
|
Performance Incentive Bonus
|
|
Grade
|
On
Appointment
|
|
Leadership
Criteria
|
|
|
|
14 - 18
|
Refer to Table 1
|
|
Refer to Table 1
|
|
Stage
1
(Bonus, where applicable to be paid by 30th
September 2004)
|
|
|
|
0
to 5%
using the baseline of the salary listed in
the leadership criteria column.
|
|
Stage
2
(Bonus, where applicable to be paid by 30th
September 2005)
|
|
|
|
0
to 5%
using the baseline of the salary listed in
the leadership criteria column.
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.