Roads and Maritime Services (Wages Staff) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 294572 of 2023)

 

 

VARIATION

 

1.        Delete clause 28, Transport Provided by RMS, in the arrangement of the award published 20 March 2020 (387 I.G. 318) and reprinted 5 May 2023 (394 I.G. 1648), and insert in lieu there of the following:

 

28.      Payment For Time Spent Travelling (excluding Distant Work)

 

2.        Delete the definition of "Materials" in paragraph (a) of subclause 3.1 of clause 3, Definitions.

 

3.        Delete Clause 5, No Extra Claims, and insert in lieu thereof the following:

 

5.  No Extra Claims

 

5.1      Other than as provided for in the Industrial Relations Act 1996, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the Award that take effect prior to 30 June 2024 by a party to this Award.

 

5.2      Notwithstanding subclause 5.1, the parties to this Award commit to further discussions, in good faith, on claims made during the bargaining of this Award. Subclause 5.1 will not prevent the parties from having these discussions.

 

5.3      The parties to this Award acknowledge that the intention of subclause 5.2 is to facilitate discussions during the nominal term of the Award. 

 

5.4      The terms of clause 5.1 do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing Award provisions.

 

5.5      Variations made with the agreement of the parties are not prohibited by this clause.

 

4.        Delete paragraph (a) of subclause 20.7 of clause 20, Overtime, and insert in lieu thereof the following:

 

(a)       Subject to subclauses 20.7(c), (e) and (f), an Employee who has worked overtime and has not had 10 consecutive hours off duty after finishing the Employee’s last shift, must have 10 consecutive hours off duty prior to recommencing work. Prior to commencement of ordinary hours following the overtime worked, managers must refer to the Fatigue Management Policy.

 

5.        Delete paragraph (a) of subclause 23.1 of clause 23, Rates of Pay, and insert in lieu thereof the following:

 

(a)       4% from the first full pay period to commence on or after 1 July 2023.

 

6.        Delete paragraph (a) of subclause 24.1 of clause 24, Allowances, and insert in lieu thereof the following:

 

(a)       Relevant work related allowances e.g. Sydney Harbour Bridge Allowances, have increased by 4% effective from the first full pay period on or after 1 July 2023.

 

7.        Delete paragraph (d) of subclause 27.3 of clause 27, Fares and Travel and insert in lieu thereof the following:

 

(d)      If an Employee’s work or established reporting place is more than 100km from the Employee’s residence, RMS provides accommodation, as per subclause 29.7 or suitable transport.

 

8.        Delete clause 28, Transport Provided by RMS and insert in lieu thereof the following:

 

28.  Payment for Time Spent Travelling (Excluding Distant Work)

 

28.1    All employees will have a designated depot specified in writing at the commencement of employment. The designated depot for those employees already in employment at the time of the commencement of this Variation (made in 2023) shall be that to which they are currently assigned. All employees are required to advise of their home residence address, and any subsequent change of address.

 

28.2    Travel time to and from the employee’s home and their designated depot is unpaid.

 

28.3    All travel to and from the employee’s designated depot, or any other depot they may start or finish work at from time to time, to a worksite is paid as time worked including at overtime rates where applicable to all employees regardless of whether they are the driver or passenger.

 

28.4    Where employees are required by RMS/Transport to start and/or finish work at worksite or alternate depot and they travel to and from their home to that location, travel time direct from a person’s home in excess of 15 minutes is paid as time worked including at overtime rates where applicable. Travel time will be recorded as time worked.

 

28.5    This entire clause applies to all employees regardless of whether they travel in a RMS/Transport provided vehicle, use their own vehicle, or travel by other means including public transport.

 

28.6    Penalty rates provided by this Award for the time and days on which travel is required will apply provided that only the single highest penalty or overtime rate will apply at any time.

 

28.7    This clause 28 will be effective from the start of the second full pay period after approval of the variation by the IRC in 2023.

 

9.        Delete clause 29, Distant Work and insert in lieu thereof the following:

 

29.  Distant Work

 

29.1    This clause does not apply to Traffic Signals Technicians’ Assistants, whose arrangements are commensurate with salaried staff when engaged on Distant Work.

 

29.2    "Distant Work" is where an employee is required to travel away from home or their designated depot and stay away overnight.

 

29 .3   RMS/Transport will provide at least two days’ notice before it is necessary for an Employee to travel and report for duty on Distant Work, except in case of emergency or unforeseen circumstances.

 

29.4    During Distant Work, an Employees travel:

 

(a)       from their home residence and/or their designated depot to the remote accommodation or worksite, and return will be paid for the first three hours at ordinary rates, with all time spent travelling after three hours paid as time worked including overtime rates (unless the travel occurs during ordinary hours in which case it remains at ordinary rates).

 

(b)      from their accommodation to the worksite and return will be considered ordinary time hours of work and recorded as time worked. Where ordinary time is exceeded, travel will be paid as time worked including overtime rates where applicable.

 

(c)       This subclause 29.4 will be effective from the start of the second full pay period after approval of the variation by the IRC in 2023.

 

29.5    Where possible RMS/Transport provides transport to and from Distant Work at the beginning and end of each work week/period. Where RMS does not provide such transport, Employees shall be:

 

(a)       reimbursed for the specified journey at a set rate per kilometre, as prescribed in 29.6 and Part B if the Employee uses their own private vehicle; or

 

(b)      reimbursed for the cost of fares and return fares if the Employee does not use their own private vehicle.

 

(c)       paid for all time spent travelling consistent with clause 29.4.

 

29.6    Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.

 

(a)       The casual rate is payable if an employee elects, with the approval of the employer, to use their vehicle for occasional travel for work.  This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.

 

(b)      The official business rate is payable if an employee is directed, and agrees, to use their vehicle for official business and there is no other transport available.  It is also payable where the employee is unable to use other transport due to a disability.  The official business rate includes a component to compensate an employee for owning and maintaining the vehicle. This rate will be payable on and from the date of IRC variation in 2023.

 

(c)       No allowance is payable for travel by private motor vehicle between the employee’s residence and the base work location and for any distance travelled in a private capacity.

 

(d)      This subclause 29.6 will be effective from the start of the second full pay period after approval of the variation by the IRC in 2023.

 

29.7    Employees required to report for duty on Distant Work, are provided with either:

 

(a)       accommodation and meals as follows:

 

(i)       at an established RMS/Transport camp;

 

(ii)      at a well kept establishment of at least 3 star motel accommodation (as defined in the NRMA Accommodation Directory) in either a single room or a twin room if a single room is not available;

 

(iii)     if suitable motel accommodation is not available, in a single room hotel or private accommodation;

 

(iv)     if suitable motel, hotel or private accommodation is not available, at a caravan park; or

 

(v)       If a suitable caravan park is not available, in a caravan with a toilet, shower and air conditioning or another agreed facility; or

 

(b)      a daily ‘Board and Lodging Allowance’ as prescribed in Part B, to provide for meals and overnight accommodation. This allowance is only paid for days when an overnight stay is involved.

 

29.8    If RMS/Transport provides accommodation, an Employee may elect to receive the relevant amounts, as prescribed in Table 2 for breakfast, lunch, dinner and any incidental expenses incurred, in lieu of RMS/Transport providing, or paying directly for, meals.

 

29.9    If accommodation and meal(s) are provided, the Employee is entitled to an incidental payment of a set amount for each night spent away from their residence or normal reporting place, as prescribed in Table 2.

 

29.10  If RMS/Transport and the majority of staff engaged on Distant Work agree, the ADO may be taken at a time mutually agreed, or accrued up to a maximum of five days.

 

10.      Delete subclause 40A.4 of clause 40A, Domestic and Family Violence and insert in lieu thereof the following:

 

40A.4  Leave

 

(a)       Full time, Part-Time, Temporary and Casual Employees experiencing domestic or family violence will have access to 20 days paid leave for domestic and family violence per calendar year to support the establishment of their safety and recovery.

 

(b)      Paid domestic and family violence leave will be paid at the Employee’s full rate of pay: worked out in relation to the period as if:

 

(i)       for Employees other than a Casual Employee, the Employee had not taken the period of leave, or;

 

(ii)      for a Casual Employee, the Employee had worked the hours in the period that the employee was rostered.

 

(c)       Domestic and family violence leave will assist Employees to:

 

(i)       attend medical, counselling, case management, legal, police and other support services relating to their experience of domestic and family violence,

 

(ii)      organise alternative care or education arrangements for their children,

 

(iii)     attend court and other legal proceedings relating to their experience of domestic and family violence, allow time for the employee to seek alternate or safe accommodation,

 

(iv)     allow time for the employee to seek alternate or safe accommodation, and

 

(v)       undertake other activities that will assist them to establish safety and recover from their experience of domestic and family violence.

 

(d)      Domestic and Family Violence leave will be in addition to existing leave entitlements and can be accessed without the need to exhaust other existing leave entitlements first. This leave will be non-cumulative and may be taken as part-days, single days or consecutive days.

 

(e)       Given the emergency context in which this leave may need to be accessed, employees can proceed to take the leave and seek approval at a later date, as soon as practicable.

 

(f)       When assessing applications for Domestic and Family Violence leave, the Employer needs to be satisfied on reasonable grounds that domestic and family violence occurred. The Employer may require evidence and should utilise discretion as to whether evidence, or what type of evidence is necessary to be provided and should only require evidence to support the application for domestic and family violence leave in exceptional circumstances. 

 

(g)      An employee providing care and support may access their existing:

 

(i)       Family and Community Service leave when providing care and support to a Family Member experiencing domestic or family violence.

 

(ii)      Carers leave when providing care and support to a Family Member or a member of the Employees’ household. 

 

Care and support may include but is not limited to, accompanying them to legal proceedings, counselling or appointment with a medical or legal practitioner to assist them with relocation, caring for children or fulfilling other carer responsibilities to support the person experiencing domestic or family violence.

 

11.      Delete paragraph (a) of subclause 40A.6 of clause 40A, Domestic and Family Violence and insert in lieu thereof the following:

 

(a)       The Employer recognises the importance of protecting the confidentiality of Employees experiencing domestic or family violence and that a breach of confidentiality may pose a risk to the safety of the Employee and others.

 

12.      Delete section B of subparagraph 40A.6(b)(ii) of clause 40A, Domestic and Family Violence and insert in lieu thereof the following:

 

B.        leave accessed for the purpose of domestic and family violence leave in accordance with this clause.

 

13.      Delete Part B, Pay Rates and Allowances and insert in lieu thereof the following:

 

PART B

 

PAY RATES AND ALLOWANCES

 

MONETARY RATES

 

Table 1 - Rates of Pay, Non Trades (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1-Jul-2023 and inclusive of 4% increase
		$	$
1	Roadworker Grade 1	1184.50	1231.90
	Sydney Harbour Bridge Worker Grade 1
2	Roadworker Grade 2	1216.30	1265.00
	Sydney Harbour Bridge Worker Grade 2
3	Roadworker Grade 3	1248.20	1298.10
	Linemarker Grade 1
	Building Attendant
	Sydney Harbour Bridge Worker Grade 3
4	Bridge Worker Grade 4	1280.20	1331.40
	Technician’s Assistant Grade 1
	Works Assistant Grade 1
	Road Worker Grade 4
	Plant Operator Grade 1
	Roller Operator
	Tow Truck Attendant
	Linemarker Grade 2
	Storeperson Grade 1
	Sydney Harbour Bridge Worker Grade 4
5	Bridge Worker Grade 5	1312.40	1364.90
	Technician’s Assistant Grade 2
	Road Worker Grade 5
	Plant Operator Grade 2
	Truck Driver (MR General)
	Truck Driver (Stores)
	Linemarker Grade 3
	Storeperson Grade 2
	Rigger Grade 1
	Traffic Emergency Patroller
6	Technician’s Assistant Grade 3	1344.20	1398.00
	Works Assistant Grade 2
	Bituminous Spray Operator
	Plant Operator Grade 3
	Truck Driver (MR Gang Truck)
	Truck Driver (HR Truck - General)
	Water Cart Operator
	Snowplough Operator
	Rigger Grade 2
	Truck Mounted Attenuator (TMA) Operator
7	Works Assistant Grade 3	1376.60	1431.70
	Truck Driver (HR Gang Truck)
	Truck Driver (Semi Trailer)
	Rigger Grade 3
8	Rigger Grade 4	1408.40	1464.70
	Bitumen Spray Driver
	Finishing Grader Operator
	Truck Driver (Tow Truck)
	Barrier Transfer Operator
9	Truck Driver (Road Train)	1440.50	1498.10
	Team Leader (Rigger)
	Team Leader Grade 1
	Team Leader (Stores)
	Traffic Emergency Patroller (Team Leader)
10		1472.30	1531.20
11		1504.20	1564.40
12	Team Leader Grade 2	1536.40	1597.90
	Team Leader (Tow Trucks)
	Team Leader Barrier Transfer Operator

 

Table 2 - Rates of Pay, Trades (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1-Jul-2023 and inclusive of 4% increase
		$	$
1	Painter Grade 1	1289.60	1341.20
	Traffic Facilities Painter Grade 1
2	Plasterer Grade 1	1311.10	1363.50
3	Mechanical Trades Grade 1	1317.70	1370.40
	Fitter Grade 1
4	Painter Grade 2	1321.50	1374.40
5	Signwriter Grade 1	1328.00	1381.10
6	Metal Fabricator Grade 1	1331.00	1384.20
	Plumber Grade 1
7	Shipwright Grade 1	1342.60	1396.30
8	Painter Grade 3	1354.00	1408.20
	Traffic Facilities Painter Grade 2
9	Bridge Maintenance Welder Grade 1	1355.40	1409.60
	Construction Carpenter Grade 1
10	Electrician Grade 1	1384.20	1439.60
11	Painter Grade 4	1386.10	1441.50
	Traffic facilities Painter Grade 3
12	Mechanical Trades Grade 2	1388.60	1444.10
	Fitter Grade 2
13	Signwriter Grade 2	1394.20	1450.00
14	Metal Fabricator Grade 2	1397.70
	Plumber Grade 2
15	Bridge Maintenance Welder Grade 2	1423.30	1480.20
	Construction Carpenter Grade 2
16	Signwriter Grade 3	1427.40	1484.50
17	Electrician Grade 2	1453.40	1511.50
18	Construction Carpenter Grade 3	1457.10	1515.40
19	Mechanical Trades Grade 3	1458.40	1516.70
	Fitter Grade 3
20	Plumber Grade 3	1464.30	1522.90
21		1504.20	1564.40
22	Electrician Grade 3	1522.20	1583.10
23		1527.70	1588.80
24	Plumber (Team Leader)	1536.40	1597.90
	Mechanical Trades Team Leader
	Fitter (Team Leader)
	Painter (Team Leader)
	Bridge Maintenance Welder (Team Leader)
	Metal Fabricator (Team Leader)
	Construction Carpenter (Team Leader)
	Shipwright (Team Leader)
	Signwriter (Team Leader)
	Traffic Facilities Painter (Team Leader)
25	Electrician (Team Leader)	1591.40	1655.10

 

Table 3 - Rates of Pay, Broken Hill Workshop Employees Only

 

Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1-Jul-2023 and inclusive of 4% increase
	$	$
Tradesperson
Plant Mechanic	1422.60	1479.50
Boilermaker	1422.60	1479.50
Carpenter	1422.60	1479.50
Painter	1422.60	1479.50
Electrical Fitter	1448.00	1505.90
Plant Operator
Mobile Crane Operator	1279.80	1331.00
General
Storeman	1257.20	1307.50
Cleaner	1262.90	1313.40
Labour (Fitter/Plant Mechanic)	1233.70	1283.00
General Labour	1224.10	1273.10
Labourer (Testing Laboratory)	1224.10	1273.10
Labourer Junior Male (19/21 years)	1099.10	1143.10
Labourer Hammer & Drill	1248.80	1298.80
Labourer (Proline Borer or Benkleman Beam)	1270.40	1321.20
Apprentice - School Certificate
Year 1	754.90	785.10
Year 2	911.30	947.80
Year 3	1067.50	1110.20
Year 4	1224.10	1273.10
Apprentice -Higher School Certificate
Level
Year 1	911.30	947.80
Year 2	1067.50	1110.20
Year 3	1224.10	1273.10
Year 4	1380.20	1435.40

 

Table 4 - Rates of Pay, Apprentices (not applicable to Broken Hill Workshop Employees)

 

Pay Point	Positions	Current Weekly Rates	Weekly Rates effective from the first full pay period on or after 1-Jul-2023 and inclusive of 4% increase
		$	$
1	Apprentice 1st Year	577.30	600.40
	Painter/Decorator
	Signwriter
2	Apprentice 1st Year	587.40	610.90
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
3	Apprentice 1st Year	595.00	618.80
	Bricklayer
	Civil Construction
4	Apprentice 1st Year	605.70	629.90
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
5	Apprentice 1st Year	630.80	656.00
	Carpenter/Joiner
	Shipwright
6	Apprentice 1st Year	643.80	669.60
	Bridge & Wharf Carpenter
7	Apprentice 2nd Year	748.30	778.20
	Painter/Decorator
	Signwriter
8	Apprentice 2nd Year	758.20	788.50
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
9	Apprentice 2nd Year	765.60	796.20
	Bricklayer
	Civil Construction
10	Apprentice 2nd Year	776.40	807.50
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
11	Apprentice 2nd Year	801.90	834.00
	Carpenter/Joiner
	Shipwright
12	Apprentice 2nd Year	814.70	847.30
	Bridge & Wharf Carpenter
13	Apprentice 3rd Year	949.70	987.70
	Painter/Decorator
	Signwriter
14	Apprentice 3rd Year	959.90	998.30
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
15	Apprentice 3rd Year	966.90	1005.60
	Bricklayer
	Civil Construction
16	Apprentice 3rd Year	978.00	1017.10
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
17	Apprentice 3rd Year	1002.60	1042.70
	Carpenter/Joiner
	Shipwright
18	Apprentice 3rd Year	1015.60	1056.20
	Bridge & Wharf Carpenter
19	Apprentice 4th Year	1089.30	1132.90
	Painter/Decorator
	Signwriter
20	Apprentice 4th Year	1099.50	1143.50
	Radio Fitter/Mechanic
	Electrical Fitter/Mechanic
21	Apprentice 4th Year	1106.80	1151.10
	Bricklayer
	Civil Construction
22	Apprentice 4th Year	1118.20	1162.90
	Plant Mechanic
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
23	Apprentice 4th Year	1143.00	1188.70
	Carpenter/Joiner
	Shipwright
24	Apprentice 4th Year	1155.20	1201.40
	Bridge & Wharf Carpenter

 

Table 5 - Other Rates and Allowances (not applicable for Broken Hill Workshop Employees)

 

^	To be updated in accordance with the CE Wages Staff (Rates of Pay) Award
*	To be updated in accordance with the NSW Treasury Circulars
~	To be updated in accordance with clause 23.2 of the CE (Skilled Trades) Award
Clause	Description	Current Rates	Rates effective from the first full pay period on or after 1 July 2023 and inclusive of 4% increase
		$	$
Other Rates
24.1	Sydney Harbour Bridge Allowance	235.51	244.90
	Sydney Harbour Bridge Maintenance Staff
Allowances
24.5	Lead Paint Removal Allowance (per hour)	2.79	2.90
24.6	Asbestos Materials Tradespersons	1.15	1.20
24.7	Asbestos Eradication Tradespersons	3.09	3.20
24.3	Asphalt Plant Repairs Tradespersons	1.15	1.20
24.8	Long/Wide Loads Allowance Transport Workers
	2.90m wide or 18.29m long or 4.30m high	2.92	3.05
	minimum payment	11.69	12.20
	3.36m wide or 21.34m long or 4.58m high	5.44	5.68
	minimum payment	21.84	22.70
20.13 & 20.14	Meal Allowance
(a)	First meal	16.55	17.00^
(b)	Subsequent meal	14.20	14.60^
27.2(b)	Fares
	per week	12.00	12.00
	per day	2.40	2.40
27.3	Travelling Allowance
	3 but not more than 10 km	4.20	4.20
	More than 10 but not more than 20km	8.30	8.30
	More than 20 km but not more than 30km	12.40	12.40
	More than 30km but not more than 40km	16.50	16.50
	More than 40km but not more than 50km	20.70	20.70
	More than 50km but not more than 60km	24.80	24.80
	More than 60km but not more than 70km	29.00	29.00
	More than 70km but not more than 80km	33.00	33.00
	More than 80kms but more than 90km	37.20	37.20
	More than 90km but not more than 100km	41.30	41.30
29	Distant Work
	Board & Lodging	840.55	875.00*
	Broken parts of week where camp not provided	120.08	125.00*
	Breakfast	25.75	26.80*
	Lunch	29.35	30.60*
	Dinner	50.65	52.75*
	Incidentals	8.00	8.00*
	Casual Rate		0.3121/km*
	Official Business Rate* (*commencing from date of 2023 variation)	NA	0.78/km*
Other Conditions
24.4	First Aid Allowance	4.10	4.25
31.1(c)	Insuring Tools Reimbursement for Loss	2049.00 ~	2049.00~

 

14.      This variation will take effect from the first full pay period on or after 1 July 2023.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.