Transport for New South Wales and Sydney Metro
Salaries and Conditions of Employment Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Secretary, Department of Transport.
(Case No. 296392 of 2023)
|
Before Chief Commissioner Constant
|
27 September 2023
|
VARIATION
1. Delete the
definition of "Domestic Violence" in subclause 2.1 of clause 2,
Interpretation, of the award published 20 October 2022 (392 I.G. 1412).
2. Delete
subclause 4.2 of clause 4, Area, Incidence and Duration and insert in lieu
thereof the following:
4.2 This Award comes
into effect on 1 July 2022 and will remain in force up to 30 June 2024.
3. Insert after
paragraph (e) of subclause 4.4 of clause 4, Area, Incidence and Duration the
following new paragraph:
(f) the Electrical
Trades Union, NSW Branch.
4. Delete
subclause 4.6 of clause 4, Area, Incidence and Duration and insert in lieu
thereof the following:
4.6 Subject to
subclause 9.2 the parties will make best endeavours to commence discussions in
relation to the next Award six months prior to the nominal expiry date of this
Award.
5. Insert after
paragraph (b) of subclause 6.2 of clause 6, Union Rights, the following new
paragraph:
(c) Online union
notice boards:
(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
6. Insert after
subclause 6.2 of clause, 6 Union Rights, the following new subclause:
6.3 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.
7. Delete
paragraph (a) of subclause 7.5 of clause 7, Classifications, Salary and
Allowances and insert in lieu thereof the following:
(a) salaries will
increase by:
(i) 2.53%
from first full pay period commencing on or after 1 July 2022.
(ii) 4.0% from the
first full pay period commencing on or after 1 July 2023.
8. Delete clause
9, No Extra Claims and insert in lieu thereof the following:
9.
No Extra Claims
9.1 During the term of this Award, 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 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 or
any other industrial tribunal.
9.2 Notwithstanding subclause 9.1, the parties
to this Award commit to further discussions, in good faith, on claims made
during the bargaining of this Award.
Subclause 9.1 will not prevent the parties from having these
discussions.
9.3 The parties to this Award acknowledge that
the intention of subclause 9.2 is to facilitate discussions during the term of
the Award.
9.4 The terms of clause 9.1 do not prevent the
parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.
9.6 Variations made with the agreement of the
parties are not prohibited by this clause.
9. Delete
paragraphs (b) and (c) of subclause 22.7, Right to Disconnect, of clause 22,
Flexible Working Practice 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
subclause 18.5;
(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
(v) the hours an
Employee is on - call
(c) This subclause
will not apply to the communication of shift changes.
10. Delete paragraph
(b) of subclause 23.7 of clause 23, Leave Provisions and insert in lieu thereof
the following:
(b) Eligibility
for a period of out of home care leave to carers is to be limited to the
provision of a guardianship or permanent placement order for a child or young
person before 1 October 2022.
11. Delete paragraph
(e) of subclause 23.7 of clause 23, Leave Provisions and insert in lieu thereof
the following:
(e) Employees who
are granted out of home care leave also have a right to request extended
Parental Leave and Return to Work on a part-time basis as outlined in subclause
24.12.
12. Delete subclause
25.4 of clause 25, Domestic and Family Violence and insert in lieu thereof the
following:
25.4 Leave
(a) Full time, Part -Time and Temporary
Employees experiencing domestic or family violence will have access to 20 days paid
domestic and family violence leave per calendar year to support the
establishment of their safety and recovery.
(b) Domestic and family violence leave will be
paid at the Employee’s full rate of pay for the hours they would have worked if
they had not taken leave.
(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
(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.
13. Delete paragraph
(a) of subclause 25.6 of clause 25, 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 a breach of confidentiality may
pose a risk to the safety of the Employee and others.
14. Delete Schedule
A - Classification Structure and Rates of Pay, Parts 1 and 2 and insert in
thereof the following
SCHEDULE A
CLASSIFICATION STRUCTURE AND RATES OF PAY
PART 1
|
Classification
|
Level
|
2.53% increase
effective from the first full pay period on or after 1 July 2022
(per
annum)
$
|
4.0% increase
effective from the first full pay period on or after 1 July 2023
(per
annum)
$
|
|
Transport Service Grade 1
|
Level 1A
|
56,790
|
59,062
|
|
|
Level 1B
|
58,209
|
60,537
|
|
|
Level 1C
|
59,630
|
62,015
|
|
|
Level 1D
|
61,049
|
63,491
|
|
|
Level 1E
|
62,469
|
64,968
|
|
Transport Service Grade 2
|
Level 2A
|
62,802
|
65,314
|
|
|
Level 2B
|
64,372
|
66,947
|
|
|
Level 2C
|
65,944
|
68,582
|
|
|
Level 2D
|
67,514
|
70,215
|
|
|
Level 2E
|
69,086
|
71,849
|
|
Transport Service Grade 3
|
Level 3A
|
69,486
|
72,265
|
|
|
Level 3B
|
71,222
|
74,071
|
|
|
Level 3C
|
72,958
|
75,876
|
|
|
Level 3D
|
74,694
|
77,682
|
|
|
Level 3E
|
76,432
|
79,489
|
|
Transport Service Grade 4
|
Level 4A
|
77,370
|
80,465
|
|
|
Level 4B
|
79,305
|
82,477
|
|
|
Level 4C
|
81,238
|
84,488
|
|
|
Level 4D
|
83,173
|
86,500
|
|
|
Level 4E
|
85,105
|
88,509
|
|
Transport Service Grade 5
|
Level 5A
|
87,256
|
90,746
|
|
|
Level 5B
|
89,438
|
93,016
|
|
|
Level 5C
|
91,619
|
95,284
|
|
|
Level 5D
|
93,802
|
97,554
|
|
|
Level 5E
|
95,984
|
99,823
|
|
Transport Service Grade 6
|
Level 6A
|
97,279
|
101,170
|
|
|
Level 6B
|
99,711
|
103,699
|
|
|
Level 6C
|
102,143
|
106,229
|
|
|
Level 6D
|
104,574
|
108,757
|
|
|
Level 6E
|
107,007
|
111,287
|
|
Transport Service Grade 7
|
Level 7A
|
108,770
|
113,121
|
|
|
Level 7B
|
112,031
|
116,512
|
|
|
Level 7C
|
115,295
|
119,907
|
|
|
Level 7D
|
118,560
|
123,302
|
|
|
Level 7E
|
121,822
|
126,695
|
|
Transport Service Grade 8
|
Level 8A
|
123,470
|
128,409
|
|
|
Level 8B
|
127,173
|
132,260
|
|
|
Level 8C
|
130,877
|
136,112
|
|
|
Level 8D
|
134,580
|
139,963
|
|
|
Level 8E
|
138,284
|
143,815
|
|
Transport Service Grade 9
|
Level 9A
|
142,178
|
147,865
|
|
|
Level 9B
|
146,442
|
152,300
|
|
|
Level 9C
|
150,707
|
156,735
|
|
|
Level 9D
|
154,972
|
161,171
|
|
|
Level 9E
|
159,238
|
165,608
|
PART 2
|
Classification
|
Level
|
2.53% increase effective
from the first full pay period on or after 1 July 2022
(per
annum)
$
|
4.0% increase
effective from the first full pay period on or after 1 July 2023
(per
annum)
$
|
|
Professional Engineer
|
Level 1
|
97,279
|
101,170
|
|
Grade A
|
Level 2
|
102,143
|
106,229
|
|
|
Level 3
|
104,574
|
108,757
|
|
|
Level 4
|
108,770
|
113,121
|
|
|
Level 5
|
112,031
|
116,512
|
|
|
Level 6
|
115,295
|
119,907
|
|
Professional Engineer
|
Level 1
|
118,560
|
123,302
|
|
Grade B
|
Level 2
|
123,470
|
128,409
|
|
|
Level 3
|
128,773
|
133,924
|
|
|
Level 4
|
134,135
|
139,500
|
|
|
Level 5
|
138,284
|
143,815
|
|
Professional Engineer
|
Level 1
|
142,178
|
147,865
|
|
Grade C
|
Level 2
|
147,862
|
153,776
|
|
|
Level 3
|
153,547
|
159,689
|
|
|
Level 4
|
159,238
|
165,608
|
15. Delete Schedule B
- Allowances and Expenses and insert in lieu thereof the following:
SCHEDULE B
ALLOWANCES AND EXPENSES
|
Allowances and
Expenses
|
Subject
|
Amount effective
first full pay period on or after 1 July 2022
$
|
Amount effective first
full pay period on or after 1 July 2023
|
|
Item 1*
|
On Call (Rostered Day)
|
$43.10
|
$44.80
|
|
Item 2*
|
On Call (Non Rostered Day)
|
$65.10
|
$67.70
|
|
Item 3#
|
Overtime Meal
|
#
|
#
|
|
Item 4#
|
Breakfast Meal (no overnight stay)
|
#
|
#
|
|
Item 5#
|
Lunch Meal (no overnight stay)
|
#
|
#
|
|
Item 6#
|
Dinner Meal (no overnight stay)
|
#
|
#
|
|
Item 7#
|
Overnight Stay Away from Headquarters Allowance
|
Varies depending on location - see relevant NSW Department
of Premier and Cabinet Circular
|
|
Item 8#
|
Incidental Expenses Associated with Overnight Stay Away
from Headquarters
|
#
|
#
|
|
Item 9#
|
Private use of Motor Vehicle - up to 1600 cc
|
#
|
#
|
|
Item 10#
|
Private use of Motor Vehicle -between 1601cc and 2600cc
|
#
|
#
|
|
Item 11#
|
Private use of Motor Vehicle - over 2600 cc
|
#
|
#
|
|
Item 12*
|
Holders of St John’s Ambulance
|
$1,002.50
|
$1042.60
|
|
Item 13*
|
Holders of current occupational first aid certification
issued within the previous three years and in charge of a First aid room in a
workplace of 200 or more
|
$1,505.80
|
$1566.00
|
|
Item 14#
|
Remote Location (with dependants)
|
#
|
#
|
|
Grade A
|
|
Grade B
|
|
Grade C
|
|
|
Remote Location (without dependants)
|
#
|
#
|
|
Grade A
|
|
Grade B
|
|
Grade C
|
|
Item 15#
|
Remote Location Annual Leave Travel By
Private Vehicle
|
#
|
#
|
|
Other Transport (with dependants)
|
#
|
#
|
|
Other Transport (without dependants)
|
#
|
#
|
|
Rail Travel
|
#
|
#
|
16. This variation
will take effect from 1 July 2023.
N. CONSTANT, Chief Commissioner
____________________
Printed by the
authority of the Industrial Registrar.