Roads and Maritime Services Consolidated Salaried Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 297020 of 2023)

 

 

VARIATION

 

1.        Delete the definition of "Domestic Violence" in clause 1, Definitions, of the award published

 

2.        Delete clause 4, No Extra Claims and insert in lieu thereof the following:

 

4.  No.  Extra Claims

 

4.1      Until 30 June 2024, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the Employees covered by the Award by a party to this Award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those Employees will be instituted before the IRC, by a party to this Award.

 

4.2      Notwithstanding subclause 4.1, the parties to this Award commit to further discussions, in good faith, on claims made during the bargaining of this Award. Subclause 4.1 will not prevent the parties from having these discussions.

 

4.3.     The parties to this Award acknowledge that the intention of subclause 4.2 is to facilitate discussions until 30 June 2024.

 

4.4      The date of subclause 4.1 does not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of Award provisions.

 

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

 

3.        Delete paragraph (f) in subclause 8.3 of clause 8, Trade Union Activities

 

4.        Insert after paragraph (b) of subclause 8.12 of clause 8, Trade Union Activities, the following new paragraph:

 

(c)       Online union notice board:

 

(i)       The Employer will provide a dedicated page for unions party to this Award on its intranet site in a readily available location.

 

(ii)      Unions can use this page to provide links to their own websites to enable employees to access union information. Unions will provide the relevant information for the page to the Employer.  

 

(iii)     Unions will provide the hyperlinks to the Employer

 

5.        Insert after subclause 8.13 of clause 8, Trade Union Activities, the following new subclause:

 

8.14    Inductions - union information sessions

 

(a)       The Employer will hold induction sessions for new employees in sessions that may be online or in-person.

 

(b)      Within induction sessions, the Employer will include a union information session of up to 30 minutes during which the union parties to this Award can attend and present information to the inductees.

 

(c)       If the induction session is online, the Employer will assist the attending unions by distributing union material electronically.

 

(d)      If more than one union attends the union information session, those unions will determine how the union information session time will be divided between the unions.

 

(e)       The Employer will invite unions to each union information session with sufficient time for the unions to arrange attendance. Attending unions must confirm whether they will attend before the induction.

 

(f)       If requested, the Employer will release one union delegate per union from duty to attend for the duration of the union information sessions.

 

6.        Delete subclause 12.1 of clause 12 Negotiation of Next Award and insert in lieu thereof the following:

 

12.1    Subject to subclause 4.2 the parties agree to begin negotiations for the next Award no later than six months prior to the nominal expiry date of this Award.

 

7.        Insert after subparagraph (ii) of paragraph 18.6(a) of clause 18, Classifications and Rate of Pay, the following new subparagraph:

 

(iii)     4.0% from the first pay period to commence on or after 1 July 2023.

 

8.        Delete paragraphs (b) and (c) in subclause 26.6 of clause 26, Flexible work Practices and insert in lieu thereof the following:

 

(b)      For the purposes of this subclause normal hours of work are:

 

(i)       an Employee’s set standard hours in accordance with clause 23.2 (d);

 

(ii)      agreed flexible start and finish times for Employees working flexible hours,

 

(iii)     a shift worker’s rostered shifts;

 

(iv)     an employee’s overtime hours; or

 

(i)       the hours an employee is on - call.

 

(c)       This subclause will not apply to the communication of shift changes.

 

9.        Delete subclause 39.4 of clause 39 Leave for Matters Arising from Domestic and Family Violence and insert in lieu thereof the following:

 

39.4    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.

 

10.      Delete paragraph (a) of subclause 39.6 of clause 39, Leave for Matters Arising from 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.

 

11.      Delete section B of subparagraph 39.6(b)(ii) of clause 39, Leave for Matters Arising from 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.

 

12.      Delete Tables 1, 2 and 3 of Parts 1, 2 and 3 of Schedule A - Classification Structure and Rates of Pay and insert in thereof the following:

 

PART 1 - SALARIED EMPLOYEE CLASSIFICATIONS (INCLUDING COMPLIANCE OPERATIONS INSPECTORS)

 

Table 1:  Salaried Employee Classifications (including Compliance Operations Inspectors)

 

Unified Salary Scale Grades	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1-Jul-2021 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $	4.0% increase from the first full pay period on or after 1 July 2023 Per annum $
Grade 1	40,429	41,440	42,285	43,355	45,089
	44,343	45,452	46,379	47,552	49,454
	50,693	51,960	53,020	54,361	56,535
Grade 2	53,464	54,801	55,919	57,334	59,627
	55,890	57,287	58,456	59,935	62,332
	57,970	59,419	60,631	62,165	64,652
Grade 3	61,554	63,093	64,380	66,009	68,649
	64,437	66,048	67,395	69,100	71,864
	67,439	69,125	70,535	72,320	75,213
Grade 4	69,496	71,233	72,686	74,525	77,506
	72,222	74,028	75,538	77,449	80,547
	75,064	76,941	78,511	80,497	83,717
Grade 5	77,643	79,584	81,208	83,263	86,594
	80,153	82,157	83,833	85,954	89,392
	81,597	83,637	85,343	87,502	91,002
Grade 6	83,389	85,474	87,218	89,425	93,002
	85,920	88,068	89,865	92,139	95,825
	88,731	90,949	92,804	95,152	98,958
Grade 7	90,661	92,928	94,824	97,223	101,112
	93,861	96,208	98,171	100,655	104,681
	95,682	98,074	100,075	102,607	106,711
Grade 8	99,608	102,098	104,181	106,817	111,090
	103,652	106,243	108,410	111,153	115,599
	106,889	109,561	111,796	114,624	119,209
Grade 9	111,806	114,601	116,939	119,898	124,694
	115,017	117,892	120,297	123,341	128,275
	120,194	123,199	125,712	128,893	134,049
Grade 10	123,229	126,310	128,887	132,148	137,434
	128,088	131,290	133,968	137,357	142,851
	134,668	138,035	140,851	144,415	150,192
Grade 11	138,829	142,300	145,203	148,877	154,832
	144,871	148,493	151,522	155,356	161,570
	148,134	151,837	154,934	158,854	165,208
Grade 12	156,802	160,722	164,001	168,150	174,876
	161,380	165,415	168,789	173,059	179,981
	167,018	171,193	174,685	179,105	186,269
Grade 13	172,002	176,302	179,899	184,450	191,828
	176,459	180,870	184,560	189,229	196,798
	184,916	189,539	193,406	198,299	206,231

 

PART 2 - PROFESSIONAL ENGINEERS

 

Table 2 - Professional Engineers

 

Engineering Scale	Year	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1 July 2021 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $	4.0% increase from the first full pay period on or after 1 July 2023 Per annum $
Cadet Engineer Level 1	-	42,871	43,943	44,839	45,973	47,812
Cadet Engineer Level 2	-	45,347	46,481	47,429	48,629	50,574
Cadet Engineer Level 3	-	48,111	49,314	50,320	51,593	53,657
Cadet Engineer Level 4	-	51,150	52,429	53,499	54,853	57,047
Cadet Engineer Level 5	-	55,102	56,480	57,632	59,090	61,454
Cadet Engineer Level 6	-	55,669	57,061	58,225	59,698	62,086
GRAD Program	1	78,689	80,656	82,301	84,383	87,758
Engineer	2	81,233	83,264	84,963	87,113	90,598
	3	82,698	84,765	86,494	88,682	92,229
Engineer Level 1	1	91,887	94,184	96,105	98,536	102,477
	2	95,131	97,509	99,498	102,015	106,096
	3	96,975	99,399	101,427	103,993	108,153
	4	100,956	103,480	105,591	108,262	112,592
	5	105,048	107,674	109,871	112,651	117,157
	6	108,332	111,040	113,305	116,172	120,819
Engineer Level 2	1	113,314	116,147	118,516	121,514	126,375
	2	116,571	119,485	121,922	125,007	130,007
	3	121,817	124,862	127,409	130,632	135,857
Engineer Level 3	1	124,890	128,012	130,623	133,928	139,285
	2	129,816	133,061	135,775	139,210	144,778
	3	136,484	139,896	142,750	146,362	152,216
Engineer Level 4	1	140,704	144,222	147,164	150,887	156,922
	2	146,825	150,496	153,566	157,451	163,749
	3	150,130	153,883	157,022	160,995	167,435
Engineer Level 5	1	158,914	162,887	166,210	170,415	177,232
	2	163,557	167,646	171,066	175,394	182,410
	3	169,274	173,506	177,046	181,525	188,786
Engineer Level 6	1	174,326	178,684	182,329	186,942	194,420
	2	178,842	183,313	187,053	191,785	199,456
	3	187,412	192,097	196,016	200,975	209,014

 

PART 3 - MARITIME EMPLOYEE CLASSIFICATIONS

 

Table 3:  Maritime Employee Classifications

 

Level	2.5% increase from the first full pay period on or after 1 July 2019 Per annum $	2.5% increase from the first full pay period on or after 1 July 2020 Per annum $	2.04% increase from the first full pay period on or after 1 July 2021 Per annum $	2.53% increase from the first full pay period on or after 1 July 2022 Per annum $	4.0% increase from the first full pay period on or after 1 July 2023 Per annum $
1	51,143	52,422	53,491	54,844	57,038
2	55,965	57,364	58,534	60,015	62,416
3	64,978	66,602	67,961	69,680	72,467
4	68,041	69,742	71,165	72,965	75,884
5	73,159	74,988	76,518	78,454	81,592
6	76,612	78,527	80,129	82,156	85,442
7	82,362	84,421	86,143	88,322	91,855
8	86,244	88,400	90,203	92,485	96,184
9	92,716	95,034	96,973	99,426	103,403
10	97,090	99,517	101,547	104,116	108,281
11	104,376	106,985	109,167	111,929	116,406
12	109,294	112,026	114,311	117,203	121,891
13	117,491	120,428	122,885	125,994	131,034
14	123,017	126,092	128,664	131,919	137,196
15	132,240	135,546	138,311	141,810	147,482
16	138,465	141,927	144,822	148,486	154,425
17	148,833	152,554	155,666	159,604	165,988
5A	94,829	97,200	99,183	101,692	105,760
7A	104,035	106,636	108,811	111,564	116,027
7AA	101,005	103,530	105,642	108,315	112,648
9A	111,164	113,943	116,267	119,209	123,977
10A	118,763	121,732	124,215	127,358	132,452
10AA	119,066	122,043	124,533	127,684	132,791
11A	126,048	129,199	131,835	135,170	140,577
12A	130,965	134,239	136,977	140,443	146,061
13A	130,660	133,927	136,659	140,116	145,721
13B	137,630	141,071	143,949	147,591	153,495
14A	144,691	148,308	151,333	155,162	161,368
15A	153,910	157,758	160,976	165,049	171,651
15AA	154,710	158,578	161,813	165,907	172,543
16A	160,936	164,959	168,324	172,583	179,486
16AA	160,936	164,959	168,324	172,583	179,486
17A	165,174	169,303	172,757	177,128	184,213
17AA	171,302	175,585	179,167	183,700	191,048

13.      Delete Schedule B, Allowances and Expenses, and insert in lieu thereof the following:

 

SCHEDULE B - ALLOWANCES AND EXPENSES

 

Table 5

 

 

 

14.      This variation will take effect from 1 July 2023.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.