Insurance
and Care NSW Award 2022
AWARD
REPRINT
This reprint of the consolidated award is published under
the authority of the Industrial Registrar pursuant to section 390 of the Industrial
Relations Act 1996, and under clause 6.6 of the Industrial
Relations Commission Rules 2022.
I certify that the form of this reprint, incorporating
the variations set out in the schedule, is correct as at
1 July 2023.
E. ROBINSON,
Industrial Registrar
Schedule of Variations Incorporated
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Variation
Serial No.
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Date
of Publication
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Effective
Date
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Industrial
Gazette Reference
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Volume
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Page No.
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C9695
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1 September 2023
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1 July 2023
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395
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60
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AWARD
The conditions
of employment contained in Part A of this Award apply to all staff members.
The conditions
of employment contained in Part B of this Award apply to all employees.
PART A - CONDITIONS OF EMPLOYMENT
SECTION 1 - FRAMEWORK
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Definitions
4. Parties to the Award
5. Coverage
6. Statement of Intent
7. Work Environment
8. Grievance and Dispute Settling
Procedures
9. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local Arrangements
11. Working Hours
12. Calculation of Service
13. Casual Employment
14. Part-Time Employment
15. Morning and Afternoon Breaks
16. Meal Breaks
17. Lactation Breaks
18. Variation of Hours
19. Natural Emergencies and Major Transport
Disruptions
20. Notification of Absence from Duty
21. Public Holidays
22. Standard Working Hours
23. Flexible Working Hours
24. Non-Compliance
25. Flexible Work Practices
SECTION 3 - TRAVEL ARRANGEMENTS
26. Travelling Compensation
27. Excess Travelling Time
28. Waiting Time
29. Meal Expenses on One-Day Journeys
30. Restrictions on Payment of Travelling
Allowances
31. Increase or Reduction in Payment of
Travelling Allowances
32. Production of Receipts
33. Travelling Distance
SECTION 4 - ALLOWANCES AND OTHER MATTERS
34. Allowance Payable for Use of Private Motor
Vehicle
35. Damage to Private Motor Vehicle Used for
Work
36. Overseas Travel
37. Exchanges
38. Room at Home Used as Office
39. Uniforms, Protective Clothing and Laundry
Allowance
40. Compensation for Damage to or Loss of
Staff Member’s Personal Property
41. Community Language Allowance Scheme (CLAS)
42. First Aid Allowance
43. Review of Allowances Payable in Terms of
This Award
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
44. Trade Union Activities Regarded as On Duty
45. Trade Union Activities Regarded as Special
Leave
46. Trade Union Training Courses
47. Conditions Applying to On Loan
Arrangements
48. Period of Notice for Trade Union
Activities
49. Access to Facilities by Trade Union
Delegates
50. Responsibilities of the Trade Union
Delegate
51. Responsibilities of the Trade Union
52. Responsibilities of Workplace Management
53. Right of Entry Provisions
54. Travelling and Other Costs of Trade Union Delegates
55. Industrial Action
56. Consultation and Technological Change
57. Deduction of Trade Union Membership Fees
SECTION 6 - LEAVE
58. Leave - General Provisions
59. Absence from Work
60. Applying for Leave
61. Extended Leave
62. Family and Community Service Leave
63. Leave Without Pay
64. Military Leave
65. Observance of Essential Religious or
Cultural Obligations
66. Parental Leave
66A. Sector-wide parental leave enhancements
67. Purchased Leave
68. Recreation Leave
69. Annual Leave Loading
70. Sick Leave
71. Sick Leave - Requirements for Evidence of
Illness
72. Sick Leave to Care for a Family Member
73. Sick Leave - Workers Compensation
74. Sick Leave - Claims Other Than Workers
Compensation
75. Special Leave
76. Leave for Matters Arising from Domestic
Violence
76A. Leave for employees providing support to
people experiencing domestic and family violence
SECTION 7 - TRAINING AND PROFESSIONAL
DEVELOPMENT
77. Staff Development and Training Activities
78. Study Assistance
SECTION 8 - SHIFT WORK AND OVERTIME
79. Shift Work
80. Overtime - General
81. Overtime Worked by Shift Workers
82. Overtime Worked by Day Workers
83. Recall to Duty
84. On-Call (Stand-By) and On-Call Allowance
85. Overtime Meal Breaks
86. Overtime Meal Allowances
87. Rate of Payment for Overtime
88. Payment for Overtime or Leave in Lieu
89. Calculation of Overtime
90. Provision of Transport in Conjunction with
Working of Overtime
SECTION 9 - MISCELLANEOUS
91. Anti-Discrimination
92. Area,
Incidence and Duration
93. No extra claims
PART B - SALARIES AND PROMOTION
1. Salary Grade Structure
2. Promotion
3. Salary Increments
PART C - MONETARY RATES
Table 1 - Salary
Grade Structure
Table 2 - Rates
and Allowances
PART A
ALL
STAFF MEMBERS
2. Title
This Award shall be
known as the Insurance and Care NSW Award 2022.
3. Definitions
3.1 Accumulation means the accrual of leave or
time. In respect of weekly study time accumulation means the aggregation of
short periods of weekly study time which is granted for private study purposes.
3.2 Appropriate People Leader means the roles
within icare accountable and with relevant delegations
of authority for people leadership.
3.3 Association means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
3.4 At the convenience of means the
operational requirements permit the staff member's release from duty or that
satisfactory arrangements are able to be made for the
performance of the staff member's duties during the absence.
3.5 Award means an award as defined in the Industrial Relations Act 1996.
3.6 Birth means the birth of a child and
includes stillbirth.
3.7 Board means the Board of Insurance and
Care NSW.
3.8 Capital City means the area set out as the
area for the Sydney Telephone District Directory in the Sydney White Pages or
within a corresponding area in the Capital City of another State or Territory.
3.9 Casual Employee means an employee engaged
and paid as such having regard to the objective characterisation of the
engagement and in the same terms as Part 4 Division 5 43 (4) of the Government Sector Employment Act 2013 and
any guidelines issued thereof or as amended from time to time.
3.10 CEO&MD means the Chief Executive Officer
and Managing Director of Insurance and Care NSW or a
person authorised by the Chief Executive Officer and Managing Director to act
in this capacity.
3.11 Chief Human Resources Officer means the
Group Executive Team (GET) role accountable for icare’s
Human Resource leadership.
3.12 Contract hours for the day for a full-time
staff member, means one fifth of the full time
contract hours, as defined in this Award.
For a part time staff member, contract hours for the day means the hours
usually worked on the day.
3.13 Daily rate or rate per day means the rate payable
for ordinary hours worked in 24 hours, unless otherwise specified.
3.14 Daily span of hours means, for a staff
member required to work standard hours, the full time
standard hours defined in this Award. For a staff member required to work
flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the Insurance and Care NSW Flexible
Working Hours Agreement and which do not attract
payment for overtime, unless otherwise prescribed in this Award.
3.15 Day worker means a staff member, other than
a shift worker, who works the ordinary hours from Monday to Friday inclusive
between the hours of 7.30 a.m. and 6.00 p.m. or as negotiated under a local
arrangement.
3.16 Domestic violence is any behaviour in an
intimate, family or domestic relationship, which is
violent, threatening, coercive, controlling or causes a person to live in fear
for their own or someone else's safety. It may be a pattern of ongoing
controlling or coercive behaviour.
3.16.1 An intimate relationship refers to people who
are or have been in an intimate partnership, whether or not
the relationship involves or has involved a sexual relationship, for example,
married, engaged to be married, separated, divorced, de facto partners, couple
promised to each other under cultural or religious tradition, or who are
dating.
3.16.2 A family relationship has a broader definition
and includes people who are related to another through blood, marriage or de
facto partnerships, adoption and fostering relationships, sibling, and extended
family relationships. It includes the full range of kinship ties in Aboriginal
and Torres Strait Islander communities, and extended family relationships.
People living in the same house may also be in a domestic relationship if their
relationships exhibit dynamics which may foster coercive and abusive
behaviours.
3.16.3 Examples of behaviours that constitute domestic
and family violence include but are not limited to:
(a) Physical and Sexual Violence;
(b) Verbal Abuse;
(c) Emotional Or Psychological Abuse;
(d) Stalking and Intimidation;
(e) Technology Facilitated Abuse;
(f) Social and Geographical Isolation;
(g) Financial Abuse;
(h) Cruelty to Pets;
(i) Damage to Property; Or
(j) threats to be violent in the above ways.
3.17 Executive is an employee employed in an
executive position consistent with section 16 of the State Insurance and Care Governance Act 2015, who by virtue of this
section is excluded from the provisions of this Award.
3.18 Expected date of birth, in relation to a
staff member who is pregnant, means a date specified by her medical
practitioner to be the date on which the medical practitioner expects the staff
member to give birth as a result of the pregnancy.
3.19 Extended leave means extended (long service)
leave to which a staff member is entitled under clause 61 of this Award.
3.20 Flexible working hours credit means the time
exceeding the contract hours for a settlement period and includes any time
carried over from a previous settlement period or periods.
3.21 Flexible working hours debit means the
contract hours not worked by a staff member and not
covered by approved leave during the settlement period, as well as any debit
carried over from the previous settlement period or periods.
3.22 Flexible working hours scheme means the
scheme outlined in the Flexible Working Hours Agreement which enables staff
members, subject to operational requirements, to select their starting and
finishing times.
3.23 Flex leave means a period of leave available
to be taken by a staff member as specified in the Flexible Working Hours
Agreement.
3.24 Full day means the standard full-time
contract hours for the day, i.e. seven hours.
3.25 Full pay or half pay means the staff member's
ordinary rate of pay or half the ordinary rate of pay respectively.
3.26 Full-time contract hours means the standard
weekly hours, that is, 35 hours per week.
3.27 Full-time position means a position which is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
3.28 Full time staff member means a staff member
who occupies a full time position within icare’s employment.
3.29 Group Executive means the CEO&MD and his
direct leadership reports who hold Group Executive or equivalent leadership roles
3.30 Half day means half
the standard contract hours for the day.
3.31 Headquarters means the centre(s) to which a
staff member is attached or from which a staff member is required to operate on
a long-term basis.
3.32 icare means
Insurance and Care NSW as established pursuant to the State Insurance and Care Governance Act 2015.
3.33 Industrial action means industrial action as
defined in the Industrial Relations Act 1996.
3.34 Local Arrangement means an agreement reached
at the organisational level between the Chief Human Resources Officer and the
Association in terms of clause 10, Local Arrangements of this Award.
3.35 Local holiday means a holiday which applies
to a particular township or district of the State and
which is not a public holiday throughout the State.
3.36 Normal hours of duty means:
for a staff
member working standard hours - the fixed hours of duty, with an hour for
lunch, worked in the absence of flexible working hours;
for a staff member working under the Flexible Working
Hours Agreement, the hours of duty the appropriate People Leader requires a
staff member to work within the bandwidth specified under the Agreement.
3.37 Normal work means, for the purposes of
subclause 8.10 of clause 8, Grievance and Dispute Settling Procedures of this
Award, the work carried out in accordance with the staff member’s role
description at the location where the staff member was employed, at the time
the grievance or dispute was notified by the staff member.
3.38 Official overseas travel means authorised
travel out of Australia by a staff member where the staff member proceeds
overseas on official business.
3.39 On duty means the time required to be worked
for icare. For the purposes of clause 43, Trade Union
Activities Regarded as On Duty of this Award, on duty means the time off with
pay given by icare to the accredited Association
delegate to enable the Association delegate to carry out legitimate Association
activities during ordinary work hours without being required to lodge an
application for leave.
3.40 On loan means an arrangement between
Insurance and Care NSW and the Association where a staff member is given leave
of absence from the workplace to take up employment with the staff member’s
Association for a specified period of time during
which the Association is required to reimburse Insurance and Care NSW for the
staff member's salary and associated on-costs.
3.41 On special leave means the staff member is
required to apply for special leave in order to engage
in an activity which attracts the grant of special leave in the terms of this
Award.
3.42 Ordinary hourly rate of pay means the hourly
equivalent of the annual rate of pay of the classification set out in Part C
Monetary Rates of this Award and calculated using the formula set out in clause
13, Casual Employment of this Award.
3.43 Overtime means all time worked, whether
before or after the ordinary daily hours of duty, at the direction of the
appropriate People Leader, which, due to its character or special
circumstances, cannot be performed during the staff member’s ordinary hours of
duty.
3.44 Part-time entitlement, unless specified otherwise
in this Award, means pro rata of the full-time entitlements calculated
according to the number of hours a staff member works in a part-time position
or under a part-time arrangement.
3.45 Part-time hours means hours which are less
than the hours which constitute full-time work under this Award.
3.46 Part-time position means a designated
part-time position and, unless otherwise specified, includes any position which
is filled on a part-time basis.
3.47 Part-time staff member means a staff member
whose ordinary hours of duty are specified as part-time in a written agreement
between icare and the employee.
3.48 People Leader means the team leader or
manager of the area in which a staff member is employed
or any other staff member authorised by the Group Executive to fulfil the role
of a team leader or manager, other than a person engaged as a consultant or
contractor.
3.49 Prescribed ceasing time means, for a staff
member working standard hours, the conclusion of daily standard hours for that
staff member. For a staff member working flexible working hours, the prescribed
ceasing time means the conclusion of bandwidth of the Flexible Working Hours
Agreement.
3.50 Prescribed starting time means, for a staff
member not working under a flexible working hours arrangement, the commencement
of standard daily hours of that staff member. For a staff member working
flexible working hours, the prescribed starting time means the time of
commencement within the bandwidth of the Flexible Working Hours Agreement.
3.51 Public holiday means a day proclaimed under
the Public Holidays Act 2010, as a
public holiday.
3.52 Recall to duty means those occasions when a staff member is directed to return to duty outside
the staff member’s ordinary hours or outside the bandwidth in the case of a
staff member working under the Flexible Working Hours Agreement.
3.53 Relief staff means staff employed on a
temporary basis to provide relief in a position until the return from
authorised leave of the substantive occupant or in a vacant position until it
is filled substantively.
3.54 Residence, in relation to a staff member an
employee, means the ordinary and permanent place of abode of the staff member.
3.55 Secondment means an arrangement agreed to by
the Chief Human Resources Officer, the staff member and another Government
Sector Agency, a public sector organisation or a private sector organisation
which enables the staff member to work in such other organisation for an agreed
period of time and under conditions agreed to prior to
the commencement of the period of secondment. Secondments are also to comply
with Part 5 of the Government Sector
Employment Act 2013.
3.56 Shift worker - Continuous Shifts means a
staff member engaged in work carried out in continuous shifts throughout the 24
hours of each of at least six consecutive days without interruption except
during breakdown or meal breaks or due to unavoidable causes beyond the control
of the appropriate People Leader.
3.57 Shift worker - Non-continuous Shifts means a
staff member who is not a day worker or a shift worker - continuous shifts, as
defined above.
3.58 Staff member means an on-going, temporary or casual employee employed under the State Insurance and Care Governance Act
2015 (SICG Act) and includes both
full-time and part-time staff except those employees employed in ‘executive
positions’ as defined in section 16 of the SICG
Act. For the purposes of maternity leave, as set out in clause 66, Parental
Leave of this Award, staff member means a female staff member.
3.59 Standard hours are set
and regular hours of operation as determined by the Chief Human Resources
Officer in accordance with any direction from the Industrial Relations
Commission of NSW. Standard hours are generally the hours which were in
operation prior to the introduction of flexible working hours or have been
determined as standard hours for the organisation since the introduction of
flexible working hours.
3.60 Standby means an instruction given by the
appropriate People Leader to a staff member to be available for immediate
contact in case of an authorised call-out requiring the performance of duties.
3.61 Study leave means leave without pay granted
for courses at any level or for study tours during which financial assistance
may be approved by the Group Executive, if the activities to be undertaken are considered to be of relevance or value to Insurance and
Care NSW.
3.62 Study Time means the time allowed off from
normal duties on full pay to a staff member who is studying in a part-time
course which is of relevance to Insurance and Care NSW.
3.63 Temporary work location means the place at
or from which a staff member temporarily performs official duty if required to
work away from the employee’s normal place of work.
3.64 Trade Union or Union means a registered
trade union, as defined in the Industrial
Relations Act 1996.
3.65 Trade Union Delegate means an accredited
Association delegate responsible for his/her workplace; and/or a person who is
elected by the Association as its representative, an executive member or a member of the Association's Council.
3.66 Trade Union Official means a person who is
employed by the Association to carry out duties of an official in a permanent or
temporary capacity, including elected full-time officials and/or staff members
placed on loan to the Association for an agreed period of
time.
3.67 Workplace means the whole of the
organisation or, as the case may be, a Function,
Business Line or Team in which the staff member is employed.
3.68 Workplace management means the appropriate
People Leader, or any other person authorised by the Group Executive to assume
responsibility for the conduct and effective, efficient
and economical management of the functions and activities of icare or part of the organisation.
4. Parties to the Award
The parties to
this Award are:
Insurance and
Care NSW; and
Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
5. Coverage
The provisions
of this Award shall apply to permanent, temporary and
casual employees (as specified in this Award) as defined in the State Insurance and Care Governance Act
2015 (SICG Act). This Award shall not apply to Executives as defined within
section 16 of the SICG Act or any
employee remunerated at a level greater than the maximum of Grade 12 of the
Salary Grade scale as detailed in Part C - Monetary Rates of this Award.
If, during the
currency of this Award, the Crown Employees’ (Public Service Conditions of
Employment) Reviewed Award 2009 (the Conditions Award) is varied, or any
existing Public Sector Determination which operated as at the effective date of
this Award, the variation will be discussed at a meeting between the
Association and the Chief Human Resources Officer of icare,
which shall occur within 21 days of either party informing the other of the
approval of the variation to the Conditions Award by the Industrial Relations
Commission of NSW. The presumption will be that this Award will be varied to
reflect the variation to the Conditions Award unless it is not relevant to icare. The meeting between the Association and the Chief
Human Resources Officer will determine the appropriateness and wording of any
variation. The onus will be on icare to justify or
prove that the proposed variation is not relevant to icare.
6. Statement of Intent
This Award
contains salaries, allowances and conditions of
employment of employees employed by icare. The Award
supports and encourages consultative processes, to facilitate, as appropriate,
greater flexibility in the workplace and to help ensure that any excess hours,
accumulated as a result of icare’s
work requirements, are not forfeited.
7. Work Environment
7.1 The parties to this Award are committed to
providing and maintaining a work environment that complies with all relevant
Work Health and Safety and Workers Compensation and Injury Management legislation.
7.2 Equality in employment - icare is committed to the achievement of equality in
employment and the Award has been drafted to reflect this commitment.
7.3 Harassment-free Workplace - Harassment on
the grounds of sex, race, marital status, physical or mental disability, sexual
preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination
Act 1977. All employees are required to refrain from, or being party to,
any form of harassment in the workplace.
8. Grievance and Dispute Settling Procedures
8.1 All grievances and disputes relating to
the provisions of this Award shall initially be dealt with as close to the
source as possible, with graduated steps for further attempts at resolution at
higher levels of authority within icare, if required.
8.2 A staff member is required to notify in
writing their People Leader, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
8.3 Where the grievance or dispute involves
confidential or other sensitive material (including issues of harassment or
discrimination under the Anti-Discrimination
Act 1977) that makes it impractical
for the staff member to advise their immediate manager the notification may
occur to the next appropriate level of management, including where required, to
the Group Executive or delegate.
8.4 The People Leader, or other appropriate
officer, shall convene a meeting in order to resolve
the grievance, dispute or difficulty within two (2) working days, or as soon as
practicable, of the matter being brought to attention.
8.5 If the matter remains unresolved with the
People Leader, the staff member may request to meet the appropriate person at
the next level of management in order to resolve the
matter. This People Leader shall respond within two (2) working days, or as
soon as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the relevant
Group Executive.
8.6 If the matter remains unresolved, the
Chief Human Resources Officer shall provide a written response to the staff
member and any other party involved in the grievance, dispute
or difficulty, concerning action to be taken, or the reason for not taking
action, in relation to the matter.
8.7 A staff member, at any stage, may request
to be represented by the Association.
8.8 The staff member, or the Association on
their behalf, or the CEO&MD may refer the matter to the Industrial
Relations Commission of New South Wales if the matter is unresolved following
the use of these procedures.
8.9 The staff member, Association and the
CEO&MD shall agree to be bound by any order or determination by the
Industrial Relations Commission of New South Wales in relation to the dispute.
8.10 Whilst the procedures outlined in subclauses
8.1 to 8.10 of this clause are being followed, normal work undertaken prior to
notification of the dispute or difficulty shall continue unless otherwise
agreed between the parties, or, in the case involving work health and safety,
if practicable, normal work shall proceed in a manner which avoids any risk to
the health and safety of any staff member or
member of the public.
9. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
9.1 The entitlement to salary package in
accordance with this clause is available to:
9.1.1 ongoing
full-time and part-time staff members; and
9.1.2 temporary
staff members, subject to icare’s convenience; and
9.1.3 casual
employees, subject to icare’s convenience, and
limited to salary sacrifice to superannuation in accordance with subclause 9.7.
9.2 For the purposes of this clause:
9.2.1 "salary"
means the salary or rate of pay prescribed for the staff member's Salary Grade
by Part C of this Award, and any other payment that can be salary packaged in
accordance with Australian taxation law.
9.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but
are not limited to, taxes, compulsory superannuation payments, HECS payments,
child support payments, and judgement debtor/garnishee orders.
9.3 By mutual agreement with the Chief Human
Resources Officer, a staff member may elect to
package a part or all of their post compulsory
deduction salary in order to obtain:
9.3.1 a
benefit or benefits selected from those approved by the Chief Human Resources
Officer; and
9.3.2 an
amount equal to the difference between the staff member's salary, and the
amount specified by the Chief Human Resources Officer for the benefit provided
to or in respect of the staff member in accordance with such agreement.
9.4 An election to salary package must be made
prior to the commencement of the period of service to which the earnings
relate.
9.5 The agreement shall be known as a Salary
Packaging Agreement.
9.6 Except in accordance with subclause 9.7, a
Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the staff member
and the Chief Human Resources Officer at the time of signing the Salary
Packaging Agreement.
9.7 Where a staff member makes an election to
sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the staff
member may elect to have the amount sacrificed:
9.7.1 paid into the superannuation fund established
under the First State Superannuation Act
1992; or
9.7.2 where icare is
making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same
complying fund; or
9.7.3 subject to icare’s
agreement, paid into another complying superannuation fund.
9.8 Where the staff member makes an election
to salary sacrifice, icare shall pay the amount of
post compulsory deduction salary, the subject of election, to the relevant
superannuation fund.
9.9 Where the staff
member makes an election to salary package
and where the staff member is a member of a superannuation scheme established
under the:
9.9.1 Police Regulation (Superannuation) Act 1906;
9.9.2 Superannuation Act 1916;
9.9.3 State Authorities Superannuation Act
1987; or
9.9.4 State Authorities Non-contributory
Superannuation Act 1987,
icare must ensure that the staff member’s superable salary
for the purposes of the above Acts, as notified to the SAS Trustee Corporation,
is calculated as if the Salary Packaging Agreement had not been entered into.
9.10 Where the staff member makes an election to salary package, and where the
staff member is a member of a superannuation
fund other than a fund established under legislation listed in subclause 9.9 of
this clause, icare must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause
applies even though the superannuation contributions made by icare may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
9.11 Where the staff member makes an election to
salary package:
9.11.1 subject to Australian Taxation law, the amount
of salary packaged will reduce the salary subject to appropriate PAYG taxation
deductions by the amount packaged; and
9.11.2 any allowance, penalty rate, payment for unused
leave entitlements, weekly worker’s compensation or other payment, other than
any payments for leave taken in service, to which an staff member is entitled
under this Award, Act or statute which is expressed to be determined by
reference to the staff member’s rate of pay, shall be calculated by reference
to the rate of pay which would have applied to the staff member under Part C of
this Award if the Salary Packaging Agreement had not been entered into.
9.12 The Chief Human Resources Officer may vary
the range and type of benefits available from time to time
following discussion with the Association. Such variations shall apply to any
existing or future Salary Packaging Agreement from date of such variation.
9.13 The Chief Human Resources Officer will
determine from time to time the value of the benefits provided following
discussion with the Association. Such variations shall apply to any existing or
future Salary Packaging Agreement from the date of such variation. In this
circumstance, the staff member may elect to terminate the Salary Packaging
Agreement.
SECTION 2 -
ATTENDANCE/HOURS OF WORK
10. Local Arrangements
10.1 Local arrangements may be negotiated between
the Chief Human Resources Officer and the Association in respect of the whole
of icare or part of icare
in relation to any matter contained in this Award.
10.2 All local arrangements negotiated between
the Chief Human Resources Officer and the Association must:
10.2.1 be approved by the CEO&MD; and
10.2.2 be approved in writing by the General Secretary
of the Association; and
10.2.3 be contained in a formal document, such as a
co-lateral agreement, a memorandum of understanding, an award, an enterprise agreement or other industrial instrument; and
10.2.4 include a clause allowing either party to
terminate the arrangement by giving 12 months’ notice.
10.3 Subject to the provisions of subclause 10.2
of this clause, nothing in this clause shall prevent the negotiation of a
Flexible Working Hours Agreement between icare and
the Association in respect of the provisions contained in clause 25, Flexible
Work Practices of this Award, where the conditions of employment of any group
are such that the application of the standard flexitime provisions would not be
practicable. Where such local
arrangements do not include provisions in relation to core time, settlement
periods, contract hours, flex credit, flex debit, or flex leave, the relevant
provisions of clause 23, Flexible Working Hours of this Award shall apply.
10.4 Attendance and the accrual of flexible
working hours credit - A staff member may only work outside the hours of a
standard day but within the bandwidth and accrue hours toward a flexible
working hours credit if the work is available to be performed.
10.5 Where a staff member has accrued 8 weeks
recreation leave, unless otherwise authorised by their People Leader, flex
leave can only be taken where recreation leave has been applied for and approved. If, however, recreation leave has been
applied for and declined or not actioned by the People Leader, access to flex
leave is still available.
11. Working Hours
11.1 The working hours of staff and the manner of
their recording, shall be as determined from time to time by the appropriate
People Leader in accordance with any direction of the Chief Human
Resources Officer. Such direction will include the definition of full time contract hours as contained in clause 3,
Definitions of this Award.
11.2 The People Leader in charge of a Business
Line or Team will be responsible to the Group Executive for the proper
observance of hours of work and for the proper recording of such attendance.
11.3 The appropriate People Leader may require a
staff member to perform duty beyond the hours determined under subclause 11.1
of this clause but only if it is reasonable for the staff member to be required
to do so. A staff member may refuse to work additional hours in circumstances
where the working of such hours would result in the staff member working
unreasonable hours. In determining what is unreasonable the following factors
shall be taken into account:
11.3.1 the staff member’s prior commitments outside
the workplace, particularly the staff member’s family and carer
responsibilities, community obligations or study arrangements,
11.3.2 any risk to staff member’s health and safety,
11.3.3 the urgency of the work required to be performed
during additional hours, the impact on the operational commitments of the
organisation and the effect on client services,
11.3.4 the notice (if any) given by the appropriate
People Leader regarding the working of the additional hours, and by the staff
member of their intention to refuse the working of additional hours, or
11.3.5 any other relevant matter.
11.4 The application of hours of work is subject
to the provisions of this clause.
11.5 The ordinary hours may be standard or
flexible and may be worked on a full time or part-time basis.
11.6 The appropriate People Leader shall ensure
that all staff members employed in icare are informed
of the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
12. Calculation of Service
12.1 In calculating years of service for staff
members the following aggregate periods of leave without pay shall not be taken into account:
12.1.1 Recreation Leave - Leave Without Pay which in
any one period, exceeds 5 working days in any period of 12 months
12.1.2 Sick Leave - Leave Without Pay of 21 days or more
12.1.3 Increments - Leave Without Pay of 5 days or
more, in any one period, defers the increment date
13. Casual Employment
13.1 Hours of Work
13.1.1 A casual employee is engaged and paid on an
hourly basis.
13.1.2 A casual employee will be engaged and paid for
a minimum of 3 consecutive hours for each day worked.
13.1.3 A casual employee shall not work more than 9
consecutive hours per day (exclusive of meal breaks) without the payment of
overtime for such time in excess of 9 hours, except
where longer periods are permitted under a local agreement negotiated under
clause 10 of this Award, covering the particular class of work, or are required
by the usual work pattern of the position.
13.2 Rate of Pay
13.2.1 Casual
employee shall be paid the ordinary hourly rate of pay calculated by the
following formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the ordinary weekly
hours of the classification.
13.2.2 Casual
employees shall be paid a loading on the appropriate ordinary hourly rate of
pay of:
15% for work performed on Mondays to Fridays (inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
13.2.3 Casual employees shall also receive a 1/12th
loading in lieu of annual leave.
13.2.4 The loadings specified in paragraph 13.2.2 of
this subclause are in recognition of the casual nature of the employment and
compensate the employee for all leave, other than annual leave and long service
leave, and all incidence of employment, except overtime.
13.3 Overtime
13.3.1 Casual employees shall be paid overtime for
work performed:
(a) In excess of 9 consecutive hours
(excluding meal breaks) except where longer periods are permitted under local
agreement negotiated under clause 10 of this Award, covering the particular class of work, or are required by the usual work
pattern of the position; or
(b) Outside the bandwidth application to the particular class of work; or
(c) In excess of the daily roster pattern
applicable for the particular class of work; or
(d) In excess of the standard weekly roster
of hours for the particular class of work; or
(e) In accordance with a local arrangement
negotiated under clause 10 of this Award.
13.3.2 Overtime rates will be paid in accordance with
the rates set in clause 82, Overtime Worked by Day Workers of this Award.
13.3.3 Overtime payments for casual employees are
based on the ordinary hourly rate plus the 15% loading set out in paragraph
13.2.2.
13.3.4 The loading in lieu of annual leave as set out
in paragraph 13.2.3 of this clause is not included in the hourly rate for the
calculation of overtime payments for casual employees.
13.4 Leave
13.4.1 Other than as described under subclauses 13.4,
13.5 and 13.6, casual employees are not entitled to any other paid or unpaid
leave.
13.4.2 As set out in paragraph 13.2.3 of this clause,
casual employees will be paid 1/12th in lieu of annual leave.
13.4.3 Casual employees will be entitled to Long
Service Leave in accordance with the provisions of the Long Service Leave Act 1955.
13.4.4 Casual employees are entitled to unpaid
parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to
Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also
apply in addition to those set out in the Industrial
Relations Act.
(a) icare must not
fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act) because:
(i) the employee or employee's spouse is
pregnant; or
(ii) the employee is or has been immediately
absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
13.5 Personal Carers entitlement for casual
employees
13.5.1 Casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a family
member described in paragraph 72.4.2 of Sick Leave to Care for a Family Member
of this Award who is sick and requires care and support, or who requires care
due to an unexpected emergency, or the birth of a
child. This entitlement is subject to the evidentiary requirements set out in
paragraph 13.5.4, and the notice requirements set out in paragraph 13.5.5 of
this clause.
13.5.2 The appropriate People Leader and the casual
employee shall 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.
13.5.3 icare must not fail
to re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of icare to
engage or not to engage a casual employee are otherwise not affected.
13.5.4 The casual employee shall, if required,
(a) 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
(b) establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal
circumstances, a casual employee must not take carer's leave under this
subclause where another person had taken leave to care for the same person.
13.5.5 The casual employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
13.6 Bereavement entitlements for casual
employees
13.6.1 Casual employees are entitled to not be available
to attend work, or to leave work upon the death in Australia of a family member
on production of satisfactory evidence (if required by icare).
13.6.2 The appropriate People Leader and the casual
employee shall 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.
13.6.3 icare must not fail
to re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of icare to
engage or not engage a casual employee are otherwise not affected.
13.6.4 The casual employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
13.7 Application of other clauses of this Award
to casual employees
13.7.1 The following clauses of this Award do not
apply to casual employees:
|
11
|
Working Hours
|
|
18
|
Variation of Hours
|
|
19
|
Natural Emergencies and Major Transport Disruptions
|
|
21
|
Public Holidays
|
|
22
|
Standard Working Hours
|
|
22-25
|
relating to Flexible Working arrangements
|
|
27
|
Excess Travelling Time
|
|
28
|
Waiting Time
|
|
38
|
Room at Home Used as Office
|
|
43-57
|
relating to Trade Union activities
|
|
53
|
Travelling and other costs of Trade Union Delegates
|
|
57
|
Leave - General Provisions
|
|
57-75
|
relating to the various Leave provisions
|
|
77
|
Study Assistance
|
|
78
|
Shift Work
|
|
79-80
|
relating to Overtime
|
|
82-83
|
relating to Recall to Duty, On-Call and Stand-by Arrangements
|
|
87
|
Payment for Overtime or Leave in Lieu
|
|
88
|
Compensation for Additional Hours Worked by Duty Officer,
State Emergency Services.
|
14. Part-Time Employment
14.1 General
14.1.1 Part-time work may be undertaken with the agreement
of the appropriate People Leader. Part-time work may be undertaken in a
part-time position or under a part-time arrangement.
14.1.2 A part-time staff member is to work contract
hours less than full-time hours.
14.1.3 Unless otherwise specified in this Award,
part-time staff members receive full time entitlements on a pro rata basis
calculated according to the number of hours a staff member works in a part-time
position or under a part-time arrangement. Entitlements to paid leave will
accrue on the equivalent hourly basis.
14.1.4 Before commencing part-time work, the
appropriate People Leader and the staff member must agree upon:
(a) the hours to be worked by the staff
member, the days upon which they will be worked, commencing and ceasing times
for the work, and whether hours may be rostered flexibly;
(b) whether flexible working hours provisions
or standard hours provisions will apply to the part-time staff member; and
(c) the classification applying to the work
to be performed;
14.1.5 The terms of the agreement must be in writing
and may only be varied with the consent of both parties.
14.1.6 Incremental progression for part-time staff
members is the same as for full time staff members, that is, part-time staff
members receive an increment annually, where such increment is available.
14.2 Additional hours
14.2.1 The appropriate People Leader may request, but not
require, a part-time staff member to work additional hours. For the time worked
in excess of the staff member’s usual hours and up to
the normal full-time hours for the classification, part-time staff members may
elect to:
(a) be paid for additional hours at their
hourly rate plus a loading of 1/12th in lieu of recreation leave; or
(b) if working under a Flexible Working Hours
scheme under clause 23 of this Award, or a Local Agreement made in accordance
with clause 10 of this Award, have the time worked credited as flex time.
14.2.2 For time worked in excess of
the full-time hours of the classification, or outside the bandwidth payment
shall be made at the appropriate overtime rate in accordance with clause 86,
Rate of Payment for Overtime of this Award.
15. Morning and Afternoon Breaks
Staff members
may take a 10 minute morning break, provided that the
discharge of public business is not affected and, where practicable, they do so
out of the view of the public contact areas. Staff members may also take a 10 minute
afternoon break, subject to the same conditions as apply to the morning break.
16. Meal Breaks
16.1 Meal breaks must be given to and taken by
staff members. No staff member shall be required to work continuously for more
than 5 hours without a meal break, provided that:
16.1.1 where the prescribed break is more than 30
minutes, the break may be reduced to not less than 30 minutes if the staff
member agrees. If the staff member requests to reduce the break to not less
than 30 minutes, the reduction must be operationally convenient; and
16.1.2 where the nature of the work of a staff member
or a group of staff members is such that it is not possible for a meal break to
be taken after not more than 5 hours, local arrangements may be negotiated
between the Chief Human Resources Officer and the Association to provide for
payment of a penalty.
17. Lactation Breaks
17.1 This clause applies to staff members who are
lactating mothers. A lactation break is
provided for breastfeeding, expressing milk or other activity necessary to the
act of breastfeeding or expressing milk and is in
addition to any other rest period and meal break as provided for in this Award.
17.2 A full-time staff member or a part-time
staff member working more than 4 hours per day is entitled to a maximum of two
paid lactation breaks of up to 30 minutes each per day.
17.3 A part-time staff member working 4 hours or
less on any one day is entitled to only one paid lactation break of up to 30
minutes on any day so worked.
17.4 A flexible approach to lactation breaks can
be taken by mutual agreement between a staff member and their People Leader
provided the total lactation break time entitlement is not exceeded. When giving consideration
to any such requests for flexibility, a People Leader needs to balance
the operational requirements of the organisation with the lactating needs of
the staff member.
17.5 icare shall provide
access to a suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk.
17.6 Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not practicable to provide these
facilities, discussions between the People Leader and staff member will take
place to attempt to identify reasonable alternative arrangements for the staff
member's lactation needs.
17.7 Staff members experiencing difficulties in
effecting the transition from home-based breastfeeding to the workplace will
have telephone access in paid time to a free breastfeeding consultative
service, such as that provided by the Australian Breastfeeding Association's
Breastfeeding Helpline Service or the Public Health System.
17.8 Staff members needing to leave the workplace
during time normally required for duty to seek support or treatment in relation
to breastfeeding and the transition to the workplace may utilise sick leave in
accordance with clause 70, Sick Leave of this Award, or access to the flexible
working hours scheme provided in clause 23, Flexible Working Hours of this
Award, where applicable.
18. Variation of Hours
18.1 If the appropriate People Leader is
satisfied that a staff member is unable to comply with the general hours
operating in icare because of limited transport
facilities, urgent personal reasons, community or family reasons, the
appropriate People Leader may vary the staff member's hours of attendance on a
one off, short or long-term basis, subject to the
following:
18.1.1 the variation does not adversely affect the
operational requirements;
18.1.2 there is no reduction in the total number of
daily hours to be worked;
18.1.3 the variation is not more than an hour from the
commencement or finish of the span of usual commencing and finishing time;
18.1.4 a lunch break of one hour is available to the
staff member, unless the staff member elects to reduce the break to not less
than 30 minutes;
18.1.5 no overtime or meal allowance payments are made
to the staff member, as a result of an agreement to vary the hours;
18.1.6 ongoing arrangements are documented; and
18.1.7 the Association is consulted, as appropriate,
on any implications of the proposed variation of hours for the work area.
19. Natural Emergencies and Major Transport
Disruptions
19.1 A staff member prevented from attending work
at a normal work location by a natural emergency or by a major transport
disruption may:
19.1.1 apply to vary the working hours as provided in
clause 18, Variation of Hours of this Award; and/or
19.1.2 negotiate an alternative working location with
the icare; and/or
19.1.3 take available family and community service
leave and/or flex leave, recreation or extended leave or leave without pay to
cover the period concerned.
20. Notification of Absence from Duty
20.1 If a staff member is to be absent from duty,
other than on authorised leave, the staff member must notify their People
Leader, or must arrange for the People Leader to be notified, as soon as
possible, of the reason for the absence.
20.2 If a staff member is absent from duty
without authorised leave and does not provide an explanation of the absence to
the satisfaction of the appropriate People Leader, the amount representing the
period of absence shall be deducted from the staff member's pay.
21. Public Holidays
21.1 Unless directed to attend for duty by the
appropriate People Leader, a staff member is entitled to be absent from duty
without loss of pay on any day which is:
21.1.1 a public holiday throughout the State; or
21.1.2 a local holiday in that part of the State at or
from which the staff member performs duty; or
21.1.3 a day between Boxing Day and New Year's Day
determined by the CEO&MD (icare day)
21.2 A staff member required by the appropriate
People Leader to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local
holiday.
21.3 If a local holiday falls during a staff
member's absence on leave, the staff member is not to be credited with the
holiday.
22. Standard Working Hours
22.1 Standard hours are set and regular with an
hour for lunch and, if worked by the staff member under the Flexible Working
Hours Agreement, would equal the contract hours required to be worked under the
Agreement. Standard hours could be full time or part-time.
22.2 Urgent Personal Business - Where a staff
member requires to undertake urgent personal business, appropriate leave or
time off may be granted by the appropriate People Leader. Where time off has
been granted, such time shall be made up as set out in subclause 22.4.
22.3 Late Attendance - If a staff member is late
for work, such staff member must either take appropriate leave or, if the
appropriate People Leader approves, make the time up in accordance with
subclause 22.4.
22.4 Making up of Time - The time taken off in
circumstances outlined in subclauses 22.2 and 22.3 must be made up at the
earliest opportunity. The time may be made up on the same day or on a day or
days agreed to between the staff member and the appropriate People Leader.
23. Flexible Working Hours
23.1 The parties to this Award are committed to
fostering flexible work practices with the intention of providing greater
flexibility in dealing with workloads, work deadlines and the balance between
work and family life. All parties are committed to managing time worked to
prevent any forfeiture of credit hours accumulated under a flexible working
hours agreement.
23.2 Unless local arrangements have been
negotiated as provided in clause 10, Local Arrangements of this Award, and
consistent with subclause 23.1, a flexible working hours scheme in terms of
this subclause may operate, subject to operational requirements, as determined
by the appropriate People Leader.
23.3 Where the operational requirements allow,
the working of flexible hours under a flexible working hours scheme operating
in icare, shall be extended to a staff member working
under a part time work arrangement. Except for provisions contained in
subclauses 23.11, 23.13 and 23.16, all other provisions under this subclause
shall be applied pro rata to a staff member working under a part time work
arrangement.
23.4 Exclusions - Flexible working hours shall
not apply to staff members who work:
23.4.1 permanent standard hours; or
23.4.2 according to a shift roster.
23.5 Attendance - A staff member's attendance
outside the hours of a standard day but within the bandwidth shall be subject
to the availability of work.
23.6 Bandwidth - The bandwidth shall be between
the hours of 7.30 a.m. and 6.00 p.m., unless a different time span has been
negotiated under a local arrangement in terms of clause 10, Local Arrangements
of this Award.
23.7 Coretime - The coretime shall be between the hours of 9.30 a.m. and 3.30
p.m., excluding the lunch break, unless other arrangements have been negotiated
under a local arrangement in terms of clause 10, Local Arrangements of this
Award.
23.8 Lunch break - The standard lunch period
shall be 1 hour. With the approval of the People Leader, the lunch period may
be extended by the staff member up to 2 and 1/2 hours or reduced to not less
than 30 minutes within the span of hours determined by the CEO&MD. Where a
local arrangement has been negotiated in terms of clause 10, Local Arrangements
of this Award, the lunch break shall be taken in accordance with such local
arrangement.
23.9 Settlement period - Unless a local
arrangement has been negotiated in terms of clause 10, Local Arrangements of
this Award, the settlement period shall be four weeks.
23.9.1 For time recording purposes the settlement
period and flex leave must coincide.
23.9.2 Where exceptional circumstances apply, e.g. prolonged transport strikes, adverse weather conditions
and the like, the Chief Human Resources Officer may extend the affected
settlement period by a further 4 weeks.
23.10 Contract hours - The contract hours for a
settlement period shall be calculated by multiplying the staff member's weekly
contract hours by the number of weeks in a settlement period.
23.11 Flexible working hours credit - a staff member
may carry a maximum of 10 hours credit into the next settlement period. Local
arrangements in terms of clause 10, Local Arrangements of this Award may be
negotiated in respect of the carry over of additional
flexible hours credit than permitted in this clause, the length of the
settlement period and the banking of any accumulated credit hours for time
worked.
23.12 Weekly hours worked during the settlement
period are to be monitored by the staff member and their People Leader. If it
appears that the staff member may exceed an accumulated work time of 150 hours
in a settlement period; or if the total hours of work in a settlement period
with the credit hour carry over from the previous settlement period may exceed
150 hours, the People Leader and staff member shall develop a strategy to
ensure that the staff member does not forfeit any of the credit hours
accumulated, or likely to be accumulated.
23.13 Flexible Working Hours Debit - The following
provisions shall apply to the carry over of flexible
working hours debits, unless a local arrangement has been negotiated in terms
of clause 10, Local Arrangements of this Award:
23.13.1 A debit of up to 10 hours at the end
of a settlement period may be carried over into the next period;
23.13.2 Where the debit exceeds 10 hours, the
excess will be debited as leave without pay, unless the staff member elects to
be granted available recreation or extended leave to offset the excess.
23.13.3 Any debit of hours outstanding on a
staff member's last day of duty is to be deducted from any unpaid salary or the
monetary value of accrued recreation/extended leave. If applicable, the debit
of hours may be transferred to another NSW government sector organisation under
the mobility provisions of Part 5 of the Government
Sector Employment Act 2013.
23.14 Cessation of duty - A staff member may receive
payment for a flex day accrued and remaining untaken on the last day of
service:
23.14.1 Where the staff member's services
terminate without a period of notice for reasons other than misconduct; or
23.14.2 Where an application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused or could not be granted; or
23.14.3 In such other circumstances as have
been negotiated between the Chief Human Resources Officer and the Association
under a local arrangement in terms of clause 10, Local Arrangements of this
Award; or
23.14.4 Prior to a staff member’s last day of
service the staff member and People Leader shall ensure that a staff member
does not forfeit any credit hours accumulated. Strategies to reduce accumulated
credit hours may include those outlined in paragraph 23.16.2.
23.15 Where a staff member ceases duty in icare in order to take up
employment in another Government sector organisation, the same
provisions as apply to recreation leave under Part 3, Division 2 of the Government Sector Employment Regulation 2014,
Cross-government sector leave arrangements shall apply to the accrued but
untaken or not forfeited flex leave.
23.16 Flex leave - Subject to operational
requirements:
23.16.1 A staff member may take off one full
day or two half days in a settlement period of 4 weeks.
23.16.2 Where it appears a staff member may
exceed a 10 hour credit, as per subclause 23.11
strategies to reduce this credit may include the granting of additional full
days, consecutive days, half days, or any combination of days and half days.
23.16.3 Flex leave may be taken on
consecutive working days.
23.16.4 Absences on flex leave may be
combined with other periods of authorised leave.
23.16.5 Local arrangements in respect of the
taking of flex leave may be negotiated in terms of clause 10, Local
Arrangements of this Award.
23.17 Absence during coretime
- Where a staff member needs to take a short period of authorised leave within coretime, other than flex leave, the quantum of leave to be
granted shall be determined according to the provisions contained in clause 59,
Absence from Work of this Award.
23.18 Standard hours - Notwithstanding the
provisions of this clause, the appropriate People Leader may direct the staff
member to work standard hours and not flexible hours:
23.18.1 where the appropriate People Leader
decides that the working of flexible hours by a staff member or members does
not suit the operational requirements of icare, the
Association shall be consulted, where appropriate; or
23.18.2 as remedial action in respect of a
staff member who has been found to have deliberately and persistently breached
the flexible working hours scheme.
23.19 Easter concession - Staff members who work
under a flexible working hours scheme may be granted, subject to the
convenience of icare, an additional half day's flex leave on the Thursday preceding the Good Friday public
holiday or, if directed to work, an additional half day’s flex leave on another
day within that settlement period.
24. Non-Compliance
In
the event of any persistent failure by a staff member to comply with the hours
of duty required to be worked, icare shall
investigate such non-compliance as soon as it comes to notice and shall take
appropriate remedial action according to Part 7, Performance Management of the
Government Sector Employment Rules 2014.
25. Flexible Work Practices
Nothing
in this Award shall affect the hours of duty of a staff member who is covered
by a written flexible
working
hours agreement.
SECTION 3 - TRAVEL
ARRANGEMENTS
26. Travelling Compensation
26.1 Any authorised official travel and
associated expenses, properly and reasonably incurred by a staff member
required to perform duty at a location other than their normal place of work
shall be met by icare.
26.2 The appropriate People Leader shall require
staff members to obtain an authorisation for all official travel prior to
incurring any travel expense.
26.3 Where available at a particular centre or
location, the overnight accommodation to be occupied by staff members who
travel on official business shall be the middle of the range standard, referred
to generally as three star or three diamond standard
of accommodation.
26.4 Where payment of a proportionate amount of
an allowance applies in terms of this clause, the amount payable shall be the
appropriate proportion of the daily rate. Any fraction of an hour shall be
rounded off to the nearest half-hour.
26.5 icare will elect
whether to pay the accommodation directly or whether a staff member should pay
the accommodation and be compensated in accordance with this clause. Where practicable, staff members shall obtain
prior approval when making their own arrangements for overnight accommodation.
26.6 Subject to subclause 26.14, a staff member
who is required by the appropriate People Leader to work from a temporary work
location shall be compensated for accommodation, meal and incidental expenses
properly and reasonably incurred during the time actually
spent away from the staff member's residence in order to perform the work.
26.7 If meals are provided by icare
at the temporary work location, the staff member shall not be entitled to claim
the meal allowance.
26.8 For the first 35 days, the payment shall be:
26.8.1 where icare
elects to pay the accommodation provider the staff member shall receive:
(a) the appropriate meal allowance in
accordance with Item 1 of Table 3 - Allowances of Part C Monetary Rates and
(b) incidentals as set out in Item 3 of Table
2 - Allowances of Part C Monetary Rates, and
(c) actual meal expenses properly and
reasonably incurred (excluding morning and afternoon teas) for any residual
part day travel;
26.8.2 where icare
elects not to pay the accommodation provider the staff member shall elect to
receive either:
(a) the appropriate rate of allowance
specified in Item 2 of Table 2 - Allowances of Part C Monetary Rates, and
actual meal expenses properly and reasonably incurred (excluding morning and
afternoon teas) for any residual part day travel; or
(b) in lieu of subparagraph (a) of this
paragraph, payment of the actual expenses properly and reasonably incurred for
the whole trip on official business (excluding morning and afternoon teas)
together with an incidental expenses allowance set out in Item 2 of Table 2 -
Allowances of Part C Monetary Rates.
26.9 Payment of the appropriate allowance for an
absence of less than 24 hours may be made only where the staff member satisfies
the appropriate People Leader that, despite the period of absence being of less
than 24 hours duration, expenditure for accommodation and three meals has been
incurred.
26.10 Where a staff member is unable to so satisfy
the appropriate People Leader, the allowance payable for part days of travel
shall be limited to the expenses incurred during such part day travel.
26.11 After the first 35 days - If a staff member is
required by the appropriate People Leader to work in the same temporary work
location for more than 35 days, such staff member shall be paid the appropriate
rate of allowance as specified in Item 2 of Table 2 - Allowances of Part C
Monetary Rates.
26.12 Long term arrangements - As an alternative to
the provisions after the first 35 days set out in subclause 26.11, icare may make alternative arrangements for meeting the
additional living expenses, properly and reasonably incurred by a staff member
working from a temporary work location.
26.13 The return of a staff member to their home at
weekends or during short periods of leave while working from a temporary work
location shall not constitute a break in the temporary work arrangement.
26.14 This clause does not apply to staff members
who are on an employee-initiated secondment as outlined in Part 5 of the Government Sector Employment Act 2013.
27. Excess Travelling Time
27.1 Excess Travelling Time - A staff member
directed by the appropriate People Leader to travel on official business
outside the usual hours of duty to perform work at a location other than normal
headquarters will, at the appropriate People Leader’s discretion, be
compensated for such time either by:
27.1.1 Payment calculated in accordance with the
provisions contained in this clause; or
27.1.2 If it is operationally convenient, by taking
equivalent time off in lieu to be granted for excess time spent in travelling
on official business. Such time in lieu
must be taken within 1 month of accrual unless otherwise authorised by the
staff member’s manager.
27.2 Compensation under paragraphs 27.1.1 and
27.1.2 of this clause shall be subject to the following conditions:
27.2.1 On a non-working day - subject to the
provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and 27.3.7, all time spent
travelling on official business;
27.2.2 On a working day - subject to the provisions of
subclause 27.3, all time spent travelling on official business outside the
usual hours of duty, provided that the period for which compensation is being
sought is more than a half an hour on any one day.
27.3 Compensation for excess travelling time
shall exclude the following:
27.3.1 Time normally taken for the periodic journey
from home to headquarters and return;
27.3.2 Any periods of excess travel of less than 30
minutes on any one day;
27.3.3 Travel to new headquarters on permanent
transfer, if special leave has been granted for the day or days on which travel
is to be undertaken;
27.3.4 Time from 11.00 p.m. on one day to 7.30 a.m. on
the following day if sleeping facilities have been provided.
27.3.5 Travel not undertaken by the most practical
available route and by the most practical and economic means of transport;
27.3.6 Time within the flex time bandwidth;
27.3.7 Travel overseas.
27.4 Payment - Payment for travelling time
calculated in terms of this clause shall be at the staff member’s ordinary rate
of pay on an hourly basis calculated as follows:
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
Normal hours of work
|
27.5 The rate of payment for travel or waiting
time on a non-working day shall be the same as that applying to a working day.
27.6 Staff members whose salary is in excess of the maximum rate for Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Grade 5 plus
$1.00 per annum, as adjusted from time to time.
27.7 Time off in lieu or payment for excess
travelling time or waiting time will not be granted or made for more than eight
hours in any period of 24 consecutive hours.
28. Waiting Time
When a staff
member travelling on official business is required to wait for transport in
order to commence a journey to another location or to return home or headquarters
and such time is outside the normal hours of duty, the waiting time shall be
treated and compensated for in the same manner as excess travelling time
pursuant to clause 27, Excess Travelling Time of this Award
29. Meal Expenses on One-Day Journeys
29.1 A staff member who is authorised by the
appropriate People Leader to undertake a one-day journey on official business
which does not require the staff member to obtain overnight accommodation,
shall be paid the appropriate rate of allowance set out in Item 1 - Allowances
of Table 2 of Part C Monetary Rates for: -
29.1.1 Breakfast when required to commence travel at
or before 6.00 a.m. and at least 1 hour before the prescribed starting time;
29.1.2 An evening meal when required to travel until
or beyond 6.30 p.m.; and
29.1.3 Lunch when required to travel a total distance
on the day of at least 100 kilometres and, as a result, is located at a
distance of at least 50 kilometres from the staff member’s normal headquarters
at the time of taking the normal lunch break.
30. Restrictions on Payment of Travelling
Allowances
30.1 An allowance under clause 26, Travelling
Compensation of this Award is not payable in respect of:
30.1.1 Any period during which the staff member
returns to their residence at weekends or public holidays, commencing with the
time of arrival at that residence and ending at the time of departure from the residence;
30.1.2 Any period of leave, except with the approval
of the appropriate People Leader or as otherwise provided by this clause; or
30.1.3 Any other period during which the staff member
is absent from the staff member's temporary work location otherwise than on
official duty.
30.2 A staff member who is in receipt of an
allowance under clause 26, Travelling Compensation shall be entitled to the
allowance in the following circumstances:
30.2.1 When granted special leave to return to their
residence at a weekend, for the necessary period of travel for the journey from
the temporary work location to the staff member's residence;
and for the return journey from the staff member's residence to the temporary
work location, or
30.2.2 When leaving a temporary work location on
ceasing to perform duty at or from a temporary work location, for the necessary
period of travel to return to the staff member's residence or to take up duty
at another temporary work location;
but is not
entitled to any other allowance in respect of the same period.
31. Increase or Reduction in Payment of
Travelling Allowances
31.1 Where the Group Executive is satisfied that
a travelling allowance is:
31.1.1 Insufficient to adequately reimburse the staff
member for expenses properly and reasonably incurred,
a further amount may be paid to reimburse the staff member for the additional
expenses incurred; or
31.1.2 In excess of the amount which would adequately
reimburse the staff member for expenses properly and
reasonably incurred, the allowance may be reduced to an amount which
would reimburse the staff member for expenses incurred properly and reasonably.
32. Production of Receipts
Payment of any
actual expenses shall be subject to the production of receipts, unless the
Group Executive is prepared to accept other evidence from the staff member.
33. Travelling Distance
The need to
obtain overnight accommodation shall be determined by the appropriate People
Leader having regard to the safety of the staff member or members travelling on
official business and local conditions applicable in the area. Where staff
members are required to attend conferences or seminars which involve evening
sessions or staff members are required to make an early start at work in a
location away from their normal workplace, overnight accommodation shall be
appropriately granted by the People Leader.
SECTION
4 - ALLOWANCES AND OTHER MATTERS
34. Allowance Payable for Use of Private Motor
Vehicle
34.1 The appropriate People Leader may authorise
a staff member to use a private motor vehicle for work where:
34.1.1 Such use will result in greater efficiency or
involve icare in less expense than if travel were
undertaken by other means; or
34.1.2 Where the staff member is unable to use other
means of transport due to a disability.
34.2 A staff member who, with the approval of the
appropriate People Leader, uses a private motor vehicle for work shall be paid
an appropriate rate of allowance specified in Item 4 of Table 2 of Part C
Monetary Rates for the use of such private motor vehicle. A deduction from the allowance payable is to
be made for travel as described in subclause 34.4.
34.3 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.
34.3.1 The casual rate is payable if a staff member
elects, with the approval of the appropriate People Leader, 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.
34.3.2 The official business rate is payable if a
staff member is directed, and agrees, to use the vehicle for official business
and there is no other transport available.
It is also payable where the staff member is unable to use other
transport due to a disability. The
official business rate includes a component to compensate a staff member for
owning and maintaining the vehicle.
34.4 Deduction from allowance
34.4.1 Except as otherwise specified in this Award, a
staff member shall bear the cost of ordinary daily travel by private motor
vehicle between the staff member's residence and headquarters and for any
distance travelled in a private capacity. A deduction will be made from any
motor vehicle allowance paid, in respect of such travel.
34.4.2 In this subclause "headquarters"
means the administrative headquarters to which the staff member is attached or
from which the staff member is required to operate on a long
term basis or the designated headquarters per paragraph 34.4.3.
34.4.3 Designated headquarters
(a) Where the administrative headquarters of
the staff member to which they are attached is not within the typical work area
in which the staff member is required to use the private vehicle on official
business, the distance to and from a point designated within the typical work
area is to be adopted as the distance to and from the headquarters for the
purpose of calculating the daily deduction.
(b) A staff member's residence may be
designated as their headquarters provided that such recognition does not result
in a further amount of allowance being incurred than would otherwise be the
case.
34.4.4 On days when a staff member uses a private
vehicle for official business and travels to and from home, whether
or not the staff member during that day visits headquarters, a deduction
is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the staff member's residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
34.4.5 Where a headquarters has been designated per
paragraph 34.4.3 and the staff member is required to attend the administrative
headquarters, the distance for calculating the daily deduction is to be the
actual distance to and from the administrative headquarters, or, to and from
the designated headquarters, whichever is the lesser.
34.4.6 Deductions are not to be applied in respect of
days characterised as follows:
(a) When staying away from home overnight,
including the day of return from any itinerary.
(b) When the employee uses the vehicle on official
business and returns it to home prior to travelling to the headquarters by
other means of transport at their own expense.
(c) When the employee uses the vehicle for
official business after normal working hours.
(d) When the monthly claim voucher shows
official use of the vehicle has occurred on one day only in any week. Exemption
from the deduction under this subparagraph is exclusive of, and not in addition
to, days referred to in subparagraphs (a), (b) and (c) of this paragraph.
(e) When the employee buys a weekly or other
periodical rail or bus ticket, provided icare is
satisfied that:
(i) at the time of purchasing the periodical
ticket the employee did not envisage the use of their private motor vehicle on
approved official business;
(ii) the periodical ticket was in fact
purchased; and
(iii) in regard to train
travellers, no allowance is to be paid in respect of distance between the staff
member’s home and the railway station or other intermediate transport stopping
place.
34.5 The staff member must have in force, in
respect of a motor vehicle used for work, in addition to any policy required to
be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942,
a comprehensive motor vehicle insurance policy to an amount and in a form
approved by the appropriate People Leader.
34.6 Expenses such as tolls, etc., shall be
refunded to staff members where the charge was incurred during approved work related travel.
34.7 Where a staff member tows a trailer or
horse-float during travel resulting from approved work activities while using a
private vehicle, the staff member shall be entitled to an additional allowance
as prescribed in Item 4 of Table 2 - Allowances of Part C, Monetary Rates.
35. Damage to Private Motor Vehicle Used for Work
35.1 Where a private vehicle is damaged while
being used for work, any normal excess insurance charges prescribed by the
insurer shall be reimbursed by icare, provided:
35.1.1 The damage is not due to gross negligence by
the staff member; and
35.1.2 The charges claimed by the staff member are not
the charges prescribed by the insurer as punitive excess charges.
35.2 Provided the damage is not the fault of the
staff member, icare shall reimburse to a staff member
the costs of repairs to a broken windscreen, if the staff member can
demonstrate that:
35.2.1 The damage was sustained on approved work
activities; and
35.2.2 The costs cannot be met under the insurance
policy due to excess clauses.
36. Overseas Travel
Unless the Group
Executive determines that a staff member shall be paid travelling rates
especially determined for the occasion, a staff member required by icare to travel overseas on official business shall be paid
the appropriate overseas travelling allowance rates as specified in the
relevant Department of Premier and Cabinet Circular as issued from time to
time.
37. Exchanges
37.1 The Group Executive may arrange two way or one way exchanges with other organisations both public and
private, if icare or the staff member will benefit
from additional training and development which is intended to be used in the
carrying out of icare’s business.
37.2 The conditions applicable to those staff
members who participate in exchanges will be determined by the Group Executive
according to the individual circumstances in each case (Item 6 of Table 2 -
Allowances of Part C, Monetary Rates).
37.3 The provisions of this subclause do not
apply to the loan of services of staff members to the Association. The provisions of clause 47, Conditions
Applying to On Loan Arrangements of this Award apply to staff members who are
loaned to the Association.
38. Room at Home Used as Office
38.1 Where no office is provided in a particular
location - Where it is impractical to provide an office in a particular
location, staff members stationed in such a location may be required to use a
spare room at their home as an office. In such cases, icare
will be responsible for providing furniture, telephone
and other equipment, as required. In addition, an allowance as specified in
Item 7 of Table 2 - Allowances of Part C, Monetary Rates is payable for the use
of a room at home as an office.
38.2 Where an office exists in a particular
location - Where an office or offices already exist in a particular location but the staff member and the manager agree that the
staff member could work from home on a short term or longer term basis, the
arrangement shall be negotiated in accordance with icare
policy. The allowance set out in subclause 38.1 shall not apply in these
circumstances.
38.3 Requirements - Arrangements under subclauses
38.1 or 38.2 shall be subject to:
38.3.1 A formal agreement being reached in respect of
the hours to be worked; and
38.3.2 The duties of the Person Conducting the
Business or Undertaking under relevant Work Health Safety legislation to
provide a safe work environment.
39. Uniforms, Protective Clothing and Laundry
Allowance
39.1 Uniform, etc. provided by icare - A staff member who is required or authorised by icare to wear a uniform, protective clothing or other
specialised clothing in connection with the performance of official duties
shall be provided by icare with such clothing and
shall be paid an allowance at the rate specified in Item 8 of Table 2 -
Allowances of Part C, Monetary Rates for laundering the uniform or protective
clothing.
39.2 Where payment of the laundry allowance is
not appropriate because of the specialised nature of the clothing, the cost of
maintaining such clothing shall be met by icare.
39.3 Uniform, etc. provided by the staff member -
Where the uniform, protective clothing or other specialised clothing is
provided by the staff member, such staff member shall be reimbursed the cost of
the uniform, protective clothing or other specialised
clothing.
40. Compensation for Damage to or Loss of Staff
Member’s Personal Property
40.1 Where damage to or loss of the staff
member's personal property occurs in the course of employment, a claim may be
lodged under the Workers Compensation Act
1987 and/or under any insurance policy of icare
covering the damage to or loss of the personal property of the staff member.
40.2 If a claim under subclause 40.1 is rejected
by the insurer, the Group Executive may compensate a staff member for the
damage to or loss of personal property, if such damage or loss:
40.2.1 Is due to the negligence of icare,
another staff member, or both, in the performance of their duties; or
40.2.2 Is caused by a defect in a staff member's
material or equipment; or
40.2.3 Results from a staff member’s protection of or
attempt to protect icare property from loss or
damage.
40.3 Compensation in terms of subclause 40.2 of
this clause shall be limited to the amount necessary to repair the damaged
item. Where the item cannot be repaired or is lost, the Group Executive may pay
the cost of a replacement item, provided the item is identical to or only
marginally different from the damaged or lost item and the claim is supported
by satisfactory evidence as to the price of the replacement item.
40.4 For the purpose of this clause, personal
property means a staff member's clothes, spectacles, hearing-aid, tools of
trade or similar items which are ordinarily required for the performance of the
staff member’s duties.
40.5 Compensation for the damage sustained shall
be made by icare where, in the course of work,
clothing or items such as spectacles, hearing aids, etc., are damaged or
destroyed by natural disasters or by theft or vandalism.
41. Community Language Allowance Scheme (CLAS)
41.1 Staff members who possess a basic level of
competence in a community language and who work in locations where their community
language is utilised at work to assist clients and such staff members are not:
41.1.1 Employed as interpreters and translators; and
41.1.2 Employed in those positions where particular language skills are an integral part of essential
requirements of the position, shall be paid an allowance as specified in Item 1
of Table 2 - Allowances of Part C Monetary Rates, subject to subclauses 41.2
and 41.3 of this clause.
41.2 The base level of the CLAS is paid to staff
members who:
41.2.1 are required to meet occasional demands for
language assistance (there is no regular pattern of demand for their skill);
and
41.2.2 have passed an examination administered by
Multicultural NSW, or who have a National Accreditation Authority for
Translators and Interpreters (NAATI) language Recognition award.
41.3 The higher level of CLAS is paid to staff
members who meet the requirements for the base level of payment and:
41.3.1 are regularly required to meet high levels of
customer demand involving a regular pattern of usage of the staff member’s
language skills, as determined by the appropriate People Leader; or
41.3.2 have achieved qualifications of NAATI
interpreter level or above. This recognises that staff with higher levels of
language skill will communicate with an enhanced degree of efficiency and
effectiveness.
42. First Aid Allowance
42.1 A staff member appointed as a First Aid
Officer shall be paid a first aid allowance at the rate appropriate to the
qualifications held by such staff member as specified in Item 11 of Table 3 -
Allowances of Part C, Monetary Rates.
42.2 The First Aid Allowance - Basic
Qualifications rate will apply to a staff member appointed as a First Aid
Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
42.3 The Holders of current Occupational First
Aid Certificate Allowance rate will apply to a staff member appointed as a
First Aid Officer who:
42.3.1 is appointed to be in charge
of a First-Aid room in a workplace of 200 or more staff members; and
42.3.2 holds an Occupational First-Aid Certificate
issued within the previous three years.
42.4 The First Aid Allowance shall not be paid
during leave of one week or more.
42.5 When the First Aid Officer is absent on
leave for one week or more and another qualified staff member is selected to
relieve in the First Aid Officer's position, such staff member shall be paid a
pro rata first aid allowance for assuming the duties of a First Aid Officer.
42.6 First Aid Officers may be permitted to
attend training and retraining courses conducted during normal hours of duty.
The cost of training staff members who do not already possess qualifications
and who need to be trained to meet icare’s needs, and
the cost of retraining First Aid Officers, are to be met by icare.
43. Review of Allowances Payable in Terms of This
Award
43.1 Adjustment of Allowances - Allowances
contained in this Award shall be reviewed as follows:
43.1.1 Allowances listed in this paragraph will be
determined at a level consistent with the reasonable allowances amounts for the
appropriate income year as published by the Australian Taxation Office (ATO):
(a) Clause 26, Travelling Compensation;
(b) Clause 29, Meal Expenses on One Day
Journeys; and
(c) Clause 86, Overtime Meal Allowances.
43.1.2 Allowances listed in this paragraph will be
determined and become effective from 1 July each year at a level consistent
with the reasonable allowances amounts as published at or before that time in
the Federal Budget or by the Australian Taxation Office (ATO) if not provided
in the Federal Budget:
(a) Clause 34, Allowances Payable for the Use
of Private Motor Vehicle.
43.1.3 Allowances payable in terms of clauses listed
in this paragraph shall be adjusted on 1 July each year in line with the
increases in the Consumer Price Index for Sydney during the preceding year
(March quarter figures):
(a) Clause 38, Room at Home Used as Office;
and
(b) Clause 86, Overtime Meal Allowances.
43.1.4 Allowances
payable in terms of clauses listed in this paragraph shall continue to be subject
to a percentage increase under a Public Sector Award, Agreement or
Determination and shall be adjusted on and from the date or pay period the
percentage increase takes effect:
(a) Clause 41, Community Language Allowance
Scheme (CLAS);
(b) Clause 42, First Aid Allowance;
(c) Clause 84, On-Call (Stand-by) and On-Call
Allowance.
SECTION 5 - UNION
CONSULTATION, ACCESS AND ACTIVITIES
44. Trade Union Activities Regarded as on Duty
44.1 An Association delegate will be released
from the performance of normal duties when required to undertake any of the
activities specified below. While undertaking such activities the Association
delegate will be regarded as being on duty and will not be required to apply
for leave:
44.1.1 Attendance at meetings with workplace
management or workplace management representatives;
44.1.2 A reasonable period of preparation time,
before-
(a) meetings with management;
(b) disciplinary or grievance meetings when
an Association member requires the presence of an Association delegate; and
(c) any other meeting with management,
by agreement
with management, where operational requirements allow the taking of such time;
44.1.3 Giving evidence in court on behalf of icare;
44.1.4 Appearing as a witness before the Industrial
Relations Commission;
44.1.5 Representing the Association at the Industrial
Relations Commission as an advocate or as a Tribunal Member;
44.1.6 Presenting information on the Association and
Association activities at induction sessions for new staff of icare; and
44.1.7 Distributing official Association publications
or other authorised material at the workplace, provided that a minimum of 24
hours’ notice is given to workplace management, unless otherwise agreed between
the parties. Distribution time is to be kept to a minimum and is to be
undertaken at a time convenient to the workplace.
45. Trade Union Activities Regarded as Special
Leave
45.1 The granting of special leave with pay will
apply to the following activities undertaken by an Association delegate, as
specified below:
45.1.1 Annual conferences of the Association;
45.1.2 Meetings of the Association’s Executive,
Councils, Industry and Advisory Groups;
45.1.3 Annual conference of Unions NSW and the
Australian Council of Trade Unions;
45.1.4 Attendance at meetings called by Unions NSW
involving the Association which requires attendance of a delegate;
45.1.5 Attendance at meetings called by the Board, as
the employer for industrial purposes, as and when required;
45.1.6 Giving evidence before an Industrial Tribunal
as a witness for the Association;
45.1.7 Reasonable travelling time to and from
conferences or meetings to which the provisions of clauses 44, 45 and 46 apply.
46. Trade Union Training Courses
46.1 Courses organised and conducted by the Trade
Union Education Foundation or by the Association or a training provider nominated
by the Association will attract the grant of special leave. A maximum of 12
working days in any period of 2 years applies to this training and is subject
to: -
46.1.1 The operating requirements of the workplace
permitting the grant of leave and the absence not requiring employment of
relief staff;
46.1.2 Payment being at the base rate, i.e. excluding extraneous payments such as shift
allowance/penalty rates, overtime, etc.;
46.1.3 All travelling and associated expenses being
met by the staff member or the Association;
46.1.4 Attendance being confirmed in writing by the
Association or a nominated training provider.
47. Conditions Applying to on Loan Arrangements
47.1 Subject to the operational requirements of
the workplace, on loan arrangements will apply to the following activities:
47.1.1 Meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association: -
(a) As an Executive Member; or
(b) A member of a Federal Council; or
(c) Vocational or industry committee.
47.1.2 Briefing counsel on behalf of the Association;
47.1.3 Assisting Association officials with
preparation of cases or any other activity outside their normal workplace at
which the delegate is required to represent the interests of the Association;
47.1.4 Country tours undertaken by a member of the
executive or Council of the Association;
47.1.5 Taking up of full time
duties with the Association if elected to the office of President, General
Secretary or to another full time position with the Association.
47.1.6 Financial Arrangements - The following
financial arrangements apply to the occasions when a staff member is placed
"on loan" to the Association: -
(a) icare will
continue to pay the delegate or an authorised Association representative whose
services are on loan to the Association;
(b) icare will seek
reimbursement from the Association at regular intervals of all salary and
associated on costs, including superannuation, as specified by the NSW Treasury
from time to time.
(c) Agreement with the Association on the
financial arrangements must be reached before the on loan
arrangement commences and must be documented in a manner negotiated between icare and the Association.
47.1.7 Recognition of "on loan" arrangement
as service - On loan arrangements negotiated in terms of this clause are to be
regarded as service for the accrual of all leave and for incremental progression.
47.1.8 Limitation - On loan arrangements may apply to
full-time or part-time staff and are to be kept to the minimum time required.
Where the Association needs to extend an on loan
arrangement, the Association shall approach the Chief Human Resources Officer
in writing for an extension of time well in advance of the expiration of the
current period of on loan arrangement.
47.1.9 Where the Chief Human Resources Officer and the
Association cannot agree on the on loan arrangement,
the matter is to be referred to the CEO&MD for determination after
consultation with the Chief Human Resources Officer and the Association.
48. Period of Notice for Trade Union Activities
The Chief
Human Resources Officer must be notified in writing by the Association or,
where appropriate, by the accredited delegate as soon as the date and/or time
of the meeting, conference or other accredited activity is known.
49. Access to Facilities by Trade Union Delegates
49.1 The workplace shall provide accredited
delegates with reasonable access to the following facilities for authorised
Association activities:
49.1.1 Telephone, facsimile, internet and email facilities;
49.1.2 A notice board for material authorised by the
Association or access to staff notice boards for material authorised by the Association;
49.1.3 Workplace conference or meeting facilities,
where available, for meetings with member(s), as negotiated between local
management and the Association.
50. Responsibilities of the Trade Union Delegate
50.1 Responsibilities of the Association delegate
are to:
50.1.1 Establish accreditation as a delegate with the
Association and provide proof of accreditation to the workplace;
50.1.2 Participate in the workplace consultative
processes, as appropriate;
50.1.3 Follow the dispute settling procedure
applicable in the workplace;
50.1.4 Provide sufficient notice to the People Leader
of any proposed absence on authorised Association business;
50.1.5 Account for all time spent on authorised
Association business;
50.1.6 When special leave is required, to apply for
special leave in advance;
50.1.7 Distribute Association literature/membership
forms, under local arrangements negotiated between the Chief Human Resources Officer
and the Association; and
50.1.8 Use any facilities provided by the workplace
properly and reasonably as negotiated at organisational level.
51. Responsibilities of the Trade Union
51.1 Responsibilities of the Association are to:
51.1.1 Provide written advice to the Chief Human
Resources Officer about an Association activity to be undertaken by an
accredited delegate and, if requested, to provide written confirmation to the
workplace management of the delegate's attendance/participation in the activity;
51.1.2 Meet all travelling, accommodation and any
other costs incurred by the accredited delegate, except as provided in
paragraph 52.1.3 of Responsibilities of Workplace Management of this Award;
51.1.3 Pay promptly any monies owing to the workplace
under a negotiated on loan arrangement;
51.1.4 Provide proof of identity when visiting a
workplace in an official capacity, if requested to do so by management;
51.1.5 Apply to the Chief Human Resources Officer well
in advance of any proposed extension to the "on loan" arrangement;
51.1.6 Assist the workplace management in ensuring
that time taken by the Association delegate is accounted for and any facilities
provided by the employer are used reasonably and properly; and
51.1.7 Advise employer of any leave taken by the
Association delegate during the on loan arrangement.
52. Responsibilities of Workplace Management
52.1 Where time is required for Association
activities in accordance with this clause the responsibilities of the workplace
management are to:
52.1.1 Release the accredited delegate from duty for
the duration of the Association activity, as appropriate, and, where necessary,
to allow for sufficient travelling time during the ordinary working hours;
52.1.2 Advise the workplace delegate of the date of
the next induction session for new staff members in sufficient time to enable
the Association to arrange representation at the session;
52.1.3 Meet the travel and/or accommodation costs
properly and reasonably incurred in respect of meetings called by the workplace
management;
52.1.4 Where possible, to provide relief in the
position occupied by the delegate in the workplace, while the delegate is
undertaking Association responsibilities to assist with the business of
workplace management;
52.1.5 Re-credit any other leave applied for on the
day to which special leave or release from duty subsequently applies;
52.1.6 Where an Association activity provided under
this clause needs to be undertaken on the Association delegate's rostered day
off or during an approved period of flexi leave, to apply the provisions of
paragraph 52.1.5;
52.1.7 To continue to pay salary during an "on
loan" arrangement negotiated with the Association and to obtain
reimbursement of salary and on-costs from the Association at regular intervals,
or as otherwise agreed between the parties if long term arrangements apply;
52.1.8 To verify with the Association the time spent
by an Association delegate or delegates on Association business, if required;
and
52.1.9 If the time and/or the facilities allowed for
Association activities are thought to be used unreasonably and/or improperly,
to consult with the Association before taking any remedial action.
53. Right of Entry Provisions
The right of
entry provisions shall be as prescribed under the relevant Work Health and
Safety legislation and the Industrial
Relations Act 1996.
54. Travelling and Other Costs of Trade Union
Delegates
54.1 Except as specified in paragraph 52.1.3 of
Responsibilities of Workplace Management of this Award, all travel and other
costs incurred by accredited Association delegates in the
course of Association activities will be paid by the Association.
54.2 In respect of meetings called by the
workplace management in terms of paragraph 52.1.3 of Responsibilities of Workplace Management of
this Award, the payment of travel and/or accommodation costs, properly and
reasonably incurred, is to be made, as appropriate, on the same conditions as
apply under clauses 26, Travelling Compensation, 29, Meal Expenses on One-Day
Journeys, or 30, Restrictions on Payment of Travelling Allowances of this
Award.
54.3 No overtime, leave in lieu, shift penalties
or any other additional costs will be claimable by a staff member from icare, in respect of Association activities covered by
special leave or on duty activities provided for in this clause.
54.4 The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on icare by
the Association or the staff member.
55. Industrial Action
55.1 Provisions of the Industrial Relations Act 1996 shall apply to the right of
Association members to take lawful industrial action (Note the obligations of
the parties under clause 8, Grievance and Dispute Settling Procedures).
55.2 There will be no victimisation of staff
members prior to, during or following such industrial action.
56. Consultation and Technological Change
There shall be
effective means of consultation, as set out in the relevant Consultative
Arrangements Policy and Guidelines document, on matters of mutual interest and
concern, both formal and informal, between icare and
Association.
57. Deduction of Trade Union Membership Fees
At the staff
member’s election, the Chief Human Resources Officer shall provide for the
staff member’s Association membership fees to be deducted from the staff
member’s pay and ensure that such fees are transmitted to the staff member’s
Association at regular intervals. Alternative arrangements for the deduction of
Association membership fees may be negotiated between the Chief Human Resources
Officer and the Association in accordance with clause 10, Local Arrangements of
this Award.
SECTION 6 -
LEAVE
58. Leave - General Provisions
58.1 The leave provisions contained in this Award
apply to all staff members other than those to whom arrangements apply under
another industrial instrument or under a local arrangement negotiated between
the Chief Human Resources Officer and the Association in terms of clause 10,
Local Arrangements of this Award.
58.2 Unless otherwise specified, part-time staff
members will receive the paid leave provisions of this Award on a pro rata
basis, calculated according to the number of hours worked per week.
58.3 Where paid and unpaid leave is available to
be granted in terms of this Award, paid leave shall be taken before unpaid
leave.
59. Absence from Work
59.1 A staff member must not be absent from work
unless reasonable cause is shown.
59.2 If a staff member is to be absent from duty
because of illness or other emergency, the staff member shall notify or arrange
for another person to notify the People Leader as soon as possible of the staff
member's absence and the reason for the absence.
59.3 If a satisfactory explanation for the
absence, is not provided, the staff member will be regarded as absent from duty
without authorised leave and the appropriate People Leader shall deduct from
the pay of the staff member the amount equivalent to the period of the absence.
59.4 The minimum period of leave available to be
granted shall be a quarter day, unless local arrangements negotiated in the
workplace allow for a lesser period to be taken.
59.5 Nothing in this clause affects any
proceedings for a breach of discipline against a staff member who is absent
from duty without authorised leave.
60. Applying for Leave
60.1 An application by a staff member for leave
under this Award shall be made to and dealt with by the appropriate People
Leader.
60.2 The appropriate People Leader shall deal
with the application for leave according to the wishes of the staff member, if the operational requirements of icare permit this to be done.
61. Extended Leave
61.1 Definition of "service"
61.1.1 For the purposes of Extended leave, service
includes:
(a) in the case of a staff member who has
completed at least 10 years’ service-any period of leave without pay, not
exceeding 6 months, taken after 13 December 1963, and
(b) service occurring before 24 February
2014, including service of the kind referred to in paragraph (a).
61.1.2 Subject to clauses 61.2.3 and 61.3.3 for the
purpose of determining whether or not a staff member
has completed at least 10 years’ service, as referred to in subclause
61.1.1(a), the staff member’s period of service is taken:
(a) to include any period of leave without
pay taken before 13 December 1963, and
(b) to exclude any period of leave without
pay taken after 13 December 1963.
61.2 Extended leave entitlements generally
61.2.1 After service for 7 years or more but not more
than 10 years, a staff member is entitled to extended leave, proportionate to
his or her length of service, calculated at the rate of:
(a) 2 months on full pay, or
(b) 4 months on half pay, or
(c) one month on double pay,
for 10 years
served.
61.2.2 After service for more than 10 years, a staff
member is entitled to extended leave under subclause 61.2.1 in respect of the
first 10 years and additional extended leave, proportionate to his or her
length of service, calculated at the rate of:
(a) 5 months on full pay, or
(b) 10 months on half pay, or
(c) 2.5 months on double pay,
for each 10
years served after the first 10 years.
61.2.3 For the purposes of this clause, service
includes any period of leave without pay taken before 13 December 1963.
61.3 Entitlement to extended leave if employment
terminated in special circumstances
61.3.1 This clause applies to a staff member with at
least 5 years’ service but less than 7 years’ service whose services are
terminated:
(a) by the staff member for reasons of
illness, incapacity or domestic or other pressing necessity, or
(b) by icare for
reasons other than for misconduct.
61.3.2 The staff member is entitled to:
(a) for 5 years’ service-one month’s leave on
full pay, and
(b) for further service in excess of 5
years-additional leave proportionate to the staff member’s length of service
(up to but not including 7 years), calculated at the rate of 3 months’ leave
for 15 years’ service.
61.3.3 For the purposes of this clause, service does
not include any period of leave without pay, whether taken
before, on or after 13 December 1963.
61.4 Payment of accrued leave on termination of
employment
61.4.1 If a staff member has acquired a right
to extended leave and his or her services are terminated, the staff member may
not take the extended leave but is instead to be paid the money value of the
extended leave.
61.4.2 Any pension to which any such staff member is
entitled under the Superannuation Act
1916 commences from and including the date on which the staff members’ extended
leave, if taken, would have commenced.
61.5 Leave to be paid out to dependants in cases
of death
61.5.1 If a staff member has acquired a right to
extended leave and dies before starting it, or after starting it dies before
completing it:
(a) the staff member’s spouse, or
(b) if there is no such spouse, the staff
member’s children, or
(c) if there is no such spouse or child, the
person who, in the opinion of the Chief Human Resources Officer, was, at the time
of the staff member’s death, a dependent relative of the staff member,
is entitled to
receive the money value of the extended leave not taken or not completed.
61.5.2 If a staff member with at least 5 years’
service but less than 7 years’ service dies:
(a) the staff member’s spouse, or
(b) if there is no such spouse, the staff
member’s children, or
(c) if there is no such spouse or child, the person
who, in the opinion of the Chief Human Resources Officer, was, at the time of
the staff member’s death, a dependent relative of the staff member,
is entitled to
receive the money value of the extended leave that would have accrued to the
staff member had his or her services terminated as referred to in clause
61.3.1.
61.5.3 If there is a guardian of any child referred to
in subclause 61.5.1(b) or 61.5.2(b), the payment to which the child is entitled
may be made to the child’s guardian for the child’s maintenance, education and advancement.
61.5.4 If:
(a) no person is entitled to receive a
payment under subclause 61.5.1 or 61.5.2, or
(b) it appears to the Chief Human Resources
Officer that more than one person is entitled as a spouse to a payment under
subclause 61.5.1 or 61.5.2,
the payment
must instead be made to the staff member’s personal representatives.
61.5.5 Any payment under this clause is in addition to
any payment due under any Act under which superannuation benefits are paid.
61.5.6 In this clause, spouse of a staff member
includes a de facto partner of the staff member at the time of his or her
death.
Note. De facto
partner is defined in section 21C of the Interpretation
Act 1987.
61.6 Leave entitlement reduced by leave already taken
or paid out
61.6.1 The following amounts of extended leave are to
be deducted from a staff member’s extended leave entitlement:
(a) for each period of extended leave taken on
full pay-the number of days (or parts of a day) so taken,
(b) for each period of extended leave taken
on half pay-half the number of days (or parts of a day) so taken,
(c) for each period of extended leave taken
on double pay-twice the number of days (or parts of a day) so taken,
(d) for each period of extended leave in
respect of which the staff member has been paid the money value-the number of
days of extended leave on full pay that is equivalent to the money paid.
61.6.2 If a public holiday occurs while a staff member
is taking extended leave, the amount of extended leave to be deducted is to be
reduced by the length of the holiday (one day or half a day, as the case
requires).
61.6.3 In subclause 61.6.2, public holiday means any
special or public holiday for which the staff member is entitled to payment.
62. Family and Community Service Leave
62.1 The appropriate People Leader shall grant to
a staff member some, or all of their accrued family
and community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in
subclause 62.2. The appropriate People Leader may also grant leave for the
purposes in subclause 62.3.
Non-emergency appointments or duties shall be scheduled or performed
outside of normal working hours or through approved use of flexible working
arrangements or other appropriate leave.
62.2 Such unplanned and emergency situations may
include, but not be limited to, the following: -
62.2.1 Compassionate grounds - such as the death or
illness of a close member of the family or a member of the staff member's household;
62.2.2 Emergency accommodation matters up to one day,
such as attendance at court as defendant in an eviction action, arranging
accommodation, or when required to remove furniture and effects;
62.2.3 Emergency or weather conditions;
such as when flood, fire, snow or disruption to utility services etc, threatens
a staff member’s property and/or prevents a staff member from reporting for
duty;
62.2.4 Attending to unplanned or unforeseen family
responsibilities, such as attending child's school for an emergency reason or
emergency cancellations by child care providers;
62.2.5 Attendance at court by a staff member to answer
a charge for a criminal offence, only if the appropriate People Leader
considers the granting of family and community service leave to be appropriate
in a particular case.
62.3 Family and community service leave may also
be granted for:
62.3.1 An absence during normal working hours to
attend meetings, conferences or to perform other duties, for staff members
holding office in Local Government, and whose duties necessitate absence during
normal working hours for these purposes, provided that the staff member does
not hold a position of Mayor of a Council or Chairperson of a County Council;
and
62.3.2 Attendance as a competitor in major amateur
sport (other than Olympic or Commonwealth Games) for staff members who are
selected to represent Australia or the State.
62.4 The definition of "family" or
"relative" in this clause is the same as that provided in paragraph
72.4.2 of Sick Leave to Care for a Family Member of this Award.
62.5 Family and community service leave shall
accrue as follows:
62.5.1 two and a half days in the staff member’s first
year of service;
62.5.2 two and a half days in the staff member’s
second year of service; and
62.5.3 one day per year thereafter.
62.6 If available family and community service
leave is exhausted as a result of natural disasters,
the Group Executive shall consider applications for additional family and
community service leave, if some other emergency arises.
62.7 If available family and community service
leave is exhausted, on the death of a family member or relative, additional
paid family and community service leave of up to 2 days may be granted on a
discrete, per occasion basis to a staff member.
62.8 In cases of illness of a family member for
whose care and support the staff member is responsible, paid sick leave in
accordance with clause 72, Sick Leave to Care for a Family Member of this Award
shall be granted when paid family and community service leave has been
exhausted or is unavailable.
62.9 The appropriate People Leader may also grant
staff members other forms of leave such as accrued recreation leave, time off
in lieu, flex leave and so on for family and community service leave purposes.
63. Leave Without Pay
63.1 The appropriate People Leader may grant
leave without pay to a staff member if good and sufficient reason is shown.
63.2 Leave Without Pay May be Granted on a
Full-Time Or a Part-Time Basis.
63.3 Where a staff member is granted leave without
pay for a period not exceeding 10 consecutive working days, the staff member
shall be paid for any proclaimed public holidays falling during such leave
without pay.
63.4 Where a staff member is granted leave
without pay which, when aggregated, does not exceed 5 working days in a period
of twelve (12) months, such leave shall count as service for incremental
progression and accrual of recreation leave.
63.5 A staff member who has been granted leave
without pay shall not engage in employment of any kind during the period of
leave without pay, unless prior approval has been obtained from the Group
Executive.
63.6 A staff member shall not be required to
exhaust accrued paid leave before proceeding on leave without pay but, if the
staff member elects to combine all or part of accrued paid leave with leave
without pay, the paid leave shall be taken before leave without pay.
63.7 No paid leave shall be granted during a
period of leave without pay.
63.8 A permanent appointment may be made to the
staff member’s position if:
63.8.1 the leave without pay has continued or is
likely to continue beyond the original period of approval and is for a total
period of more than 12 months; and
63.8.2 the staff member is advised of icare’s proposal to permanently backfill their position;
and
63.8.3 the staff member is given a reasonable
opportunity to end the leave without pay and return to their position; and
63.8.4 icare advised the
staff member at the time of the subsequent approval that the position will be
filled on a permanent basis during the period of leave without pay.
63.9 The position cannot be filled permanently
unless the above criteria are satisfied.
63.10 The staff member does not cease to be employed
by icare if their position is permanently backfilled.
63.11 Subclause 63.8 of this clause does not apply
to full-time unpaid parental leave granted in accordance with sub-paragraph
66.9.1(a) of Parental Leave or to military leave.
64. Military Leave
64.1 During the period of 12 months commencing on
1 July each year, the appropriate People Leader may grant to a staff member who
is a volunteer part-time member of the Defence Forces, military leave on full
pay to undertake compulsory annual training and to attend schools, classes or
courses of instruction or compulsory parades conducted by the staff member’s
unit.
64.2 In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth),
it is unlawful to prevent a staff member from rendering or volunteering to
render, ordinary Defence Reserve Service.
64.3 Up to 24 working days military leave per
financial year may be granted by the appropriate People Leader to members of
the Naval and Military Reserves and up to 28 working days per financial year to
members of the Air Force Reserve for the activities specified in subclause
64.1.
64.4 A appropriate People Leader may grant a
staff member special leave of up to 1 day to attend medical examinations and
tests required for acceptance as volunteer part time members of the Australian
Defence Forces.
64.5 A staff member who is requested by the
Australian Defence Forces to provide additional military services requiring
leave in excess of the entitlement specified in
subclause 64.3 of this clause may be granted Military Leave Top Up Pay by the
Group Executive.
64.6 Military Leave Top up
Pay is calculated as the difference between a staff member’s ordinary pay as if
they had been at work, and the Reservist’s pay which they receive from the
Commonwealth Department of Defence.
64.7 During a period of Military Leave Top up Pay, a staff member will continue to accrue sick leave,
recreation and extended leave entitlements, and icare
will continue to make superannuation contributions at the normal rate.
64.8 At the expiration of military leave in
accordance with subclause 64.3 or 64.4, the staff member shall furnish to the
appropriate People Leader a certificate of attendance and details of the staff
members reservist pay signed by the commanding officer or other responsible
officer.
65. Observance of Essential Religious Or Cultural Obligations
65.1 A staff member of:
65.1.1 Any religious faith who seeks leave for the
purpose of observing essential religious obligations of that faith; or
65.1.2 Employees who are Aboriginal and Torres Strait
Islanders shall be entitled to one day during NAIDOC week so that they can
participate in National Aboriginal and Islander Day celebrations;
or
65.1.2 Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, flex
leave or leave without pay to do so.
65.2 Provided adequate notice as to the need for
leave is given by the staff member to icare and it is
operationally convenient to release the staff member from duty, the appropriate
People Leader must grant the leave applied for by the staff member in terms of
this clause.
65.3 A staff member of any religious faith who
seeks time off during daily working hours to attend to essential religious
obligations of that faith, shall be granted such time off by the appropriate
People Leader, subject to:
65.3.1 Adequate notice being given by the staff member;
65.3.2 Prior approval being obtained by the staff
member; and
65.3.3 The time off being made up in the manner
approved by the appropriate People Leader.
65.4 Notwithstanding the provisions of subclauses
65.1, 65.2 and 65.3, arrangements may be negotiated between icare
and the Association in terms of clause 10, Local Arrangements of this Award to
provide greater flexibility for staff members for the observance of essential
religious or cultural obligations.
66. Parental Leave
66.1 Parental leave includes maternity, adoption
and "other parent" leave.
66.2 Maternity leave shall apply to a staff
member who is pregnant and, subject to this clause the staff member shall be
entitled to be granted maternity leave as follows:
66.2.1 For a period up to 9 weeks prior to the
expected date of birth; and
66.2.2 For a further period of up to 12 months after
the actual date of birth.
66.2.3 A staff member who has been granted maternity
leave and whose child is stillborn may elect to take available sick leave instead
of maternity leave.
66.3 Adoption leave shall apply to a staff member
adopting a child and who will be the primary care giver, the staff member shall
be granted adoption leave as follows:
66.3.1 For a period of up to 12 months if the child
has not commenced school at the date of the taking of custody; or
66.3.2 For such period, not exceeding 12 months on a
full-time basis, as the appropriate People Leader may determine,
if the child has commenced school at the date of the taking of custody.
66.3.3 Special Adoption Leave - A staff member shall
be entitled to special adoption leave (without pay) for up to 2 days to attend
interviews or examinations for the purposes of adoption. Special adoption leave
may be taken as a charge against recreation leave, extended leave, flexitime or
family and community service leave.
66.4 Where maternity or adoption leave does not
apply, "other parent" leave is available to male and female staff who
apply for leave to look after his/her child or children. Other parent leave
applies as follows:
66.4.1 Short other parent leave - an unbroken period
of up to 8 weeks at the time of the birth of the child or other termination of the
spouse's or partner's pregnancy or, in the case of adoption, from the date of
taking custody of the child or children;
66.4.2 Extended other parent leave - for a period not
exceeding 12 months, less any short other parental leave already taken by the staff
member as provided for in paragraph 66.4.1. Extended other parental leave may
commence at any time up to 2 years from the date of birth of the child or the
taking of custody of the child.
66.5 A staff member taking maternity or adoption
leave is entitled to payment at the ordinary rate of pay for a period of up to
14 weeks, a staff member entitled to short other parent leave is entitled to
payment at the ordinary rate of pay for a period of up to 1 week, provided the
staff member:
66.5.1 applied for parental leave within the time and
in the manner determined set out in subclause 66.10; and
66.5.2 prior to the commencement of parental leave,
completed not less than 40 weeks' continuous service.
66.5.3 Payment for the maternity, adoption or short other
parent leave may be made as follows:
(a) in advance as a lump sum; or
(b) fortnightly as normal; or
(c) fortnightly at half pay; or
(d) a combination of full pay and half pay.
66.6 Payment for parental leave is at the rate
applicable when the leave is taken. A staff member holding a full
time position who is on part time leave without pay when they start
parental leave is paid:
66.6.1 at the full time rate
if they began part time leave 40 weeks or less before starting parental leave;
66.6.2 at the part time rate if they began part time
leave more than 40 weeks before starting parental leave and have not changed
their part time work arrangements for the 40 weeks;
66.6.3 at the rate based on the average number of
weekly hours worked during the 40 week period if they
have been on part time leave for more than 40 weeks but have changed their part
time work arrangements during that period.
66.7 A staff member who commences a subsequent
period of maternity or adoption leave for another child within 24 months of
commencing an initial period of maternity or adoption leave will be paid:
66.7.1 at the rate (full time or part time) they were paid
before commencing the initial leave if they have not returned to work; or
66.7.2 at a rate based on the hours worked before the
initial leave was taken, where the staff member has returned to work and
reduced their hours during the 24 month period; or
66.7.3 at a rate based on the hours worked prior to
the subsequent period of leave where the staff member has not reduced their
hours.
66.8 Except as provided in subclauses 66.5, 66.6
and 66.7, parental leave shall be granted without pay.
66.9 Right to request
66.9.1 A staff member who has been granted parental
leave in accordance with subclause 66.2, 66.3 or 66.4
may make a request to the appropriate People Leader to:
(a) extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(b) return from a period of full time parental leave on a part time basis until the
child reaches school age (Note: returning to work from parental leave on a part
time basis includes the option of returning to work on part time leave without
pay);
to assist the
staff member in reconciling work and parental responsibilities.
66.9.2 The appropriate People Leader shall consider
the request having regard to the staff member’s circumstances and, provided the
request is genuinely based on the staff member’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or icare's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
66.10 Notification Requirements
66.10.1 When
icare is made aware that a staff member or their
spouse is pregnant or is adopting a child, the appropriate People Leader must
inform the staff member of their entitlements and their obligations under this
Award.
66.10.2 A
staff member who wishes to take parental leave must notify the appropriate
People Leader in writing at least 8 weeks (or as soon as practicable) before
the expected commencement of parental leave:
(a) that she/he intends to take parental
leave, and
(b) the expected date of birth or the
expected date of placement, and
(c) if she/he is likely to make a request
under subclause 66.9 of this clause.
66.10.3 At
least 4 weeks before a staff member's expected date of commencing parental
leave they must advise:
(a) the date on which the parental leave is
intended to start, and
(b) the period of leave to be taken.
66.10.4 Staff
member’s request and the appropriate People Leader’s decision to be in writing.
The staff member’s request under paragraph 66.9.1 and the
appropriate People Leader’s decision made under paragraph 66.9.2 must be
recorded in writing.
66.10.5 A
staff member intending to request to return from parental leave on a part time
basis or seek an additional period of leave of up to 12 months must notify the
appropriate People Leader in writing as soon as practicable and preferably
before beginning parental leave. If the notification is not given before
commencing such leave, it may be given at any time up to 4 weeks before the
proposed return on a part time basis, or later if the appropriate People Leader
agrees.
66.10.6 A
staff member on maternity leave is to notify icare of
the date on which she gave birth as soon as she can conveniently do so.
66.10.7 A
staff member must notify icare as soon as practicable
of any change in her intentions as a result of
premature delivery or miscarriage.
66.10.8 A
staff member on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of icare and
any number of times with the consent of icare. In
each case she/he must give icare at least 14 days’
notice of the change unless the appropriate People Leader decides otherwise.
66.11 A staff member has the right to her/his former
position if she/he has taken approved leave or part time work in accordance
with subclause 66.9, and she/he resumes duty immediately after the approved
leave or work on a part time basis.
66.12 If the position occupied by the staff member
immediately prior to the taking of parental leave has ceased to exist, but
there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
66.13 A staff member does not have a right to
her/his former position during a period of return to work on a part time basis.
If the appropriate People Leader approves a return to work on a part time basis then the position occupied is to be at the same
classification and grade as the former position.
66.14 A staff member who has returned to full time
duty without exhausting their entitlement to 12 months unpaid parental leave is
entitled to revert back to such leave. This may be
done once only, and a minimum of 4 weeks’ notice (or less if acceptable) must
be given.
66.15 A staff member who is sick during her
pregnancy may take available paid sick leave or accrued recreation or extended
leave or sick leave without pay. A staff member may apply for accrued
recreation leave, extended leave or leave without pay before taking maternity
leave. Any leave taken before maternity leave, ceases at the end of the working
day immediately preceding the day she starts her nominated period of maternity
leave or on the working day immediately preceding the date of birth of the
child, whichever is sooner.
66.16 A staff member may elect to take available
recreation leave or extended leave within the period of parental leave provided
this does not extend the total period of such leave.
66.17 A staff member may elect to take available
recreation leave at half pay in conjunction with parental leave provided that:
66.17.1 accrued recreation leave at the date
leave commences is exhausted within the period of parental leave;
66.17.2 the total period of parental leave is
not extended by the taking of recreation leave at half pay;
66.17.3 when calculating other leave accruing
during the period of recreation leave at half pay, the recreation leave at half
pay shall be converted to the full time equivalent and treated as full pay
leave for accrual of further recreation, extended and other leave at the full time rate.
66.18 If, for any reason, a pregnant staff member is
having difficulty in performing her normal duties or there is a risk to her
health or to that of her unborn child the appropriate People Leader, should, in
consultation with the staff member, take all reasonable measures to arrange for
safer alternative duties. This may include but is not limited to greater
flexibility in when and where duties are carried out, a temporary change in
duties, retraining, multi-skilling, teleworking and job redesign.
66.19 If such adjustments cannot reasonably be made,
the appropriate People Leader must grant the staff member maternity leave, or
any available sick leave, for as long as it is necessary to avoid exposure to
that risk as certified by a medical practitioner, or until the child is born
whichever is the earlier.
66.20 Communication during parental leave
66.20.1 Where
a staff member is on parental leave and a definite decision has been made to
introduce significant change at the workplace, icare
shall take reasonable steps to:
(a) make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the staff member held before commencing parental leave;
and
(b) provide an opportunity for the staff
member to discuss any significant effect the change will have on the status or
responsibility level of the position the staff member held before commencing
parental leave.
66.20.2 The
staff member shall take reasonable steps to inform the appropriate People
Leader about any significant matter that will affect the staff member’s
decision regarding the duration of parental leave to be taken, whether the
staff member intends to return to work and whether the staff member intends to
request to return to work on a part time basis.
66.20.3 The
staff member shall also notify the appropriate People Leader of changes of
address or other contact details which might affect icare’s
capacity to comply with paragraph 66.20.1.
66A. Sector-Wide Parental Leave Enhancements
66A.1 Additional parental leave provisions were
introduced from I July 2021 to provide gender neutral parental leave, special
leave for pre-term births and miscarriage leave.
Further enhancements introduced on 1 October 2022 provide for paid parental
leave for employees providing permanent out-of-home care, leave for fertility
treatment, and an additional two weeks' parental leave where each parent in a
couple has exhausted the paid parental leave provisions provided by their
employer.
66A.2 Employees are entitled to these enhancements
as set out in relevant Premier's Memoranda.
67. Purchased Leave
67.1 A staff member may apply to enter into an
agreement with icare to purchase either 10 days (2
weeks) or 20 days (4 weeks) additional leave in a 12 month
period.
67.1.1 Each application will be considered subject to
operational requirements and personal needs and will take
into account the business needs and work demands.
67.1.2 The leave must be taken in the 12 month period specified in the Purchased Leave Agreement
and will not attract any leave loading.
67.1.3 The leave will count as service for all
purposes.
67.2 The purchased leave will be funded through
the reduction in the staff member’s ordinary rate of pay.
67.2.1 Purchased leave rate of pay means the rate of
pay a staff member receives when their ordinary salary rate has been reduced to
cover the cost of purchased leave.
67.2.2 To calculate the purchased leave rate of pay,
the staff member’s ordinary salary rate will
be reduced by the number of weeks of purchased leave and then annualised
at a pro rata rate over the 12 month period.
67.3 Purchased leave is subject to the following
provisions:
67.3.1 The
purchased leave cannot be accrued and will be refunded where it has not been
taken in the 12 month period.
67.3.2 Other
leave taken during the 12 month purchased leave
agreement period i.e. sick leave, recreation leave, extended leave or leave in
lieu will be paid at the purchased leave rate of pay.
67.3.3 Sick
leave cannot be taken during a period of purchased leave.
67.3.4 The
purchased leave rate of pay will be the salary for all purposes including
superannuation and shift loadings.
67.3.5 Overtime
and salary related allowances not paid during periods of recreation leave will
be calculated using the staff member’s hourly rate based on the ordinary rate
of pay.
67.3.6 Higher
Duties Allowance will not be paid when a period of purchased leave is taken.
67.4 Specific conditions governing purchased
leave may be amended from time to time by the Chief Human Resources Officer in
consultation with the Association. The
Chief Executive in consultation with the Board may make
adjustments relating to their salary administration arrangements.
68. Recreation Leave
68.1 Accrual
68.1.1 Except
where stated otherwise in this Award, paid recreation leave
for full time staff members and recreation leave for staff members working part
time, accrues at the rate of 20 working days per year. Staff members working
part time shall accrue paid recreation leave on a pro rata basis, which will be
determined on the average weekly hours worked per leave year.
68.1.2 Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
who is stationed indefinitely in a remote area of the State, being the Western
and Central Division of the State described as such in the Second Schedule to
the Crown Lands Consolidation Act 1913 before its repeal.
68.1.3 Recreation
leave accrues from day to day.
68.2 Limits on Accumulation and Direction to Take
Leave
68.2.1 At
least two (2) consecutive weeks of recreation leave shall be taken by a staff
member every 12 months, except by agreement with the appropriate People Leader
in special circumstances.
68.2.2 Where
the operational requirements permit, the application for leave shall be dealt
with by the appropriate People Leader according to the wishes of the staff
member.
68.2.3 The
appropriate People Leader shall notify the staff member in writing when accrued
recreation leave reaches 6 weeks or its hourly equivalent and at the same time
may direct a staff member to take at least 2 weeks recreation leave within 3
months of the notification at a time convenient to icare.
68.2.4 The
appropriate People Leader shall notify the staff member in writing when accrued
recreation leave reaches 8 weeks or its hourly equivalent and direct the staff
member to take at least 2 weeks recreation leave within 6 weeks of the
notification. Such leave is to be taken at a time convenient to icare.
68.2.5 A
staff member must take their recreation leave to reduce all balances below 8
weeks or its hourly equivalent, and icare must
cooperate in this process. icare may direct a staff
member with more than 8 weeks to take their recreation leave so that it reduces
to below 8 weeks.
68.3 Conservation of Leave - If the appropriate
People Leader is satisfied that a staff member is prevented by operational or
personal reasons from taking sufficient recreation leave to reduce the accrued
leave below an acceptable level of between 4 and 6 weeks or its hourly
equivalent, the appropriate People Leader shall: -
68.3.1 Specify
in writing the period of time during which the excess
shall be conserved; and
68.3.2 On
the expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 week limit.
68.3.3 An
appropriate People Leader will inform a staff member in writing on a regular
basis of the staff member’s recreation leave accrual.
68.4 Miscellaneous
68.4.1 Unless
a local arrangement has been negotiated between the Chief Human Resources
Officer and the Association, recreation leave is not to be granted for a period
less than a quarter-day or in other than multiples of a quarter day.
68.4.2 Recreation
leave for which a staff member is eligible on
cessation of employment is to be calculated to a quarter day (fractions less
than a quarter being rounded up).
68.4.3 Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in paragraph
68.4.4.
68.4.4 Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any
period of sick leave without pay or any other approved leave without pay, not
exceeding 5 full time working days, or their part time equivalent, in any
period of 12 months.
68.4.5 The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph 68.4.4 shall
be calculated to an exact quarter-day (fractions less than a quarter being
rounded down).
68.4.6 Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay or recreation leave taken on half pay.
68.4.7 Recreation
leave may be taken on half pay in conjunction with and subject to the
provisions applying to adoption, maternity or parental
leave - see clause 66, Parental Leave of this Award.
68.4.8 On
cessation of employment, a staff member is entitled to be paid, the money value
of accrued recreation leave which remains untaken.
68.4.9 A
staff member to whom paragraph 68.4.8 applies may elect to take all or part of
accrued recreation leave which remains untaken at cessation of active duty as
leave or as a lump sum payment; or as a combination of
leave and lump sum payment.
68.5 Death - Where a staff member dies, the
monetary value of recreation leave accrued and remaining untaken as at the date
of death, shall be paid to the staff member's nominated beneficiary.
68.6 Where no beneficiary has been nominated, the
monetary value of recreation leave is to be paid as follows:
68.6.1 To
the widow or widower of the staff member; or
68.6.2 If
there is no widow or widower, to the children of the staff member or, if there
is a guardian of any children entitled under this subclause, to that guardian
for the children's maintenance, education and
advancement; or
68.6.3 If
there is no such widow, widower or children, to the
person who, in the opinion of the Chief Human Resources Officer was, at the
time of the staff member's death, a dependent relative of the staff member; or
68.6.4 If
there is no person entitled under paragraphs 68.6.1, 68.6.2 or 68.6.3 to
receive the money value of any leave not taken or not completed by a staff
member or which would have accrued to the staff member, the payment shall be
made to the personal representative of the staff member.
68.7 Additional compensation for rostered work
performed by shift workers on Sundays and Public Holidays Shift workers who are
rostered to work their ordinary hours on Sundays and/or Public Holidays during
the period 1 December of one year to 30 November, of the following year, or
part thereof, shall be entitled to receive additional annual leave or payment
as provided for in subclauses 79.5 or 79.6 respectively of clause 79, Shift
Work of this Award.
68.8 Recreation leave does not accrue during
leave without pay other than
68.8.1 military
leave taken without pay when paid military leave entitlements are exhausted;
68.8.2 absences
due to natural emergencies or major transport disruptions, when all other paid
leave is exhausted;
68.8.3 any
continuous period of sick leave taken without pay when paid sick leave is exhausted;
68.8.4 incapacity
for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
68.8.5 periods
which when aggregated, do not exceed 5 working days in any period of 12 months.
68.9 A staff member entitled to additional
recreation leave under paragraph 68.1.2, or under paragraphs 79.7.6 or 79.8.5
of clause 79, Shift Work of this Award, can elect at any time to cash out the
additional recreation leave.
69. Annual Leave Loading
69.1 General - Subject to the provisions
set out in subclause 69.2 the annual leave loading shall be 17½% on the
monetary value of up to 4 weeks recreation leave accrued in a leave year.
69.2 Shift workers - Shift workers proceeding on
recreation leave are eligible to receive the more favourable of:
69.2.1 The
shift premiums and penalty rates, or any other allowances paid on a regular
basis in lieu thereof, which they would have received had they not been on
recreation leave; or
69.2.2 17½%
annual leave loading.
69.3 Leave year - For the calculation of the
annual leave loading, the leave year shall commence on 1 December each year and
shall end on 30 November of the following year.
69.4 Payment of annual leave loading for the
leave year to 30 November shall be paid in the first full pay period in
December of that calendar year.
69.5 Except in cases of voluntary redundancy, proportionate
leave loading is not payable on cessation of employment.
70. Sick Leave
70.1 Illness in this clause and in clauses 71 and
72 of this Award means physical or psychological illness or injury, medical
treatment and the period of recovery or rehabilitation from an illness or
injury.
70.2 Payment for sick leave is subject to the
staff member:
70.2.1 Informing their manager as soon as reasonably
practicable that they are unable to perform duty because of illness. This must be done as close to the staff
member’s starting time as possible; and
70.2.2 Providing evidence of illness as soon as
practicable if required by clause 71, Sick Leave - Requirements for Evidence of
Illness of this Award.
70.3 If the appropriate People Leader is
satisfied that a staff member is unable to perform duty because of the staff
member's illness or the illness of his/her family member, the appropriate
People Leader:
70.3.1 Shall grant to the staff member sick leave on
full pay; and
70.3.2 May grant to the staff member, sick leave
without pay if the absence of the staff member exceeds
the entitlement of the staff member under this Award to sick leave on full pay.
70.4 The appropriate People Leader may direct a
staff member to take sick leave if they are satisfied that, due to the staff
member’s illness, the staff member:
70.4.1 is unable to carry out their duties without
distress; or
70.4.2 risks further impairment of their health by
reporting for duty; or
70.4.3 is a risk to the health, wellbeing or safety of
other staff members, clients or members of the public.
70.5 The appropriate People Leader may direct a
staff member to participate in a return to work
program if the staff member has been absent on a long period of sick leave.
70.6 Entitlements. Staff members accruing sick leave:
70.6.1 At the commencement of employment with icare, a full-time staff member is granted an accrual of 5
days sick leave.
70.6.2 After the first four months of employment, the staff
member shall accrue sick leave at the rate of 10 working days per year for the
balance of the first year of service.
70.6.3 After the first year of service, the staff
member shall accrue sick leave day to day at the rate of 15 working days per
year of service.
70.6.4 All continuous service as a staff member in the
NSW Government Sector shall be taken into account for
the purpose of calculating sick leave due. Where the service in the NSW
Government Sector is not continuous, previous periods of Government Sector
service shall be taken into account for the purpose of
calculating sick leave due if the previous sick leave records are available.
70.6.5 Notwithstanding the provisions of paragraph
70.6.4, sick leave accrued and not taken in the service of a Government
sector employer may be accessed in terms of Part 3, Division 2 of the Government Sector Employment Regulation 2014,
Cross-government sector leave arrangements.
70.6.6 Sick leave without pay shall count as service
for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay
shall be treated in the same manner as leave without pay.
70.6.7 When determining the amount of sick leave
accrued, sick leave granted on less than full pay, shall be converted to its
full pay equivalent.
70.6.8 Paid sick leave shall not be granted during a
period of unpaid leave.
70.7 Payment during the initial 3 months of
service - Paid sick leave which may be granted to a staff member, other than a
seasonal or relief staff member, in the first 3 months of service shall be
limited to 5 days paid sick leave, unless the appropriate People Leader
approves otherwise. Paid sick leave in excess of 5
days granted in the first 3 months of service shall be supported by a
satisfactory medical certificate.
70.8 Seasonal or relief staff - No paid sick
leave shall be granted to temporary employees who are employed as seasonal or
relief staff for a period of less than 3 months.
71. Sick Leave - Requirements for Evidence of
Illness
71.1 A staff member absent from duty for more
than 2 consecutive working days because of illness must furnish evidence of
illness to the appropriate People Leader in respect of the absence.
71.2 In addition to the requirements under
subclause 70.2 of clause 70, Sick Leave of this Award, a staff member may
absent themselves for a total of 5 working days due to illness without the
provision of evidence of illness to the appropriate People Leader. Staff members who absent themselves in excess of 5 working days in a calendar year may be
required to furnish evidence of illness to the appropriate People Leader for
each occasion absent for the balance of the calendar year.
71.3 As a general practice backdated medical
certificates will not be accepted.
However, if a staff member provides evidence of illness that only covers
the latter part of the absence, they can be granted sick leave for the whole
period if the appropriate People Leader is satisfied that the reason for the
absence is genuine.
71.4 If a staff member is required to provide
evidence of illness for an absence of 2 consecutive working days or less, the
appropriate People Leader will advise them in advance.
71.5 If the appropriate People Leader is concerned
about the diagnosis described in the evidence of illness produced by the staff
member, after discussion with the staff member, the evidence provided and the
staff member's application for leave can be referred to the icare
nominated medical assessor for advice.
71.5.1 The type of leave granted to the staff member
will be determined by the appropriate People Leader based on the medical
assessor’s advice.
71.5.2 If sick leave is not granted, the appropriate
People Leader will, as far as practicable, take into account
the wishes of the staff member when determining the type of leave granted.
71.6 The granting of paid sick leave shall be
subject to the staff member providing evidence which indicates the nature of
illness or injury and the estimated duration of the absence. If a staff member is concerned about
disclosing the nature of the illness to their manager, they may elect to have
the application for sick leave dealt with confidentially by an alternate manager
or the human resources section of icare.
71.7 The reference in this clause to evidence of
illness shall apply, as appropriate:
71.7.1 up to one week may be provided by a registered
dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the appropriate People
Leader’s discretion, another registered health services provider, or
71.7.2 where the absence exceeds one week, and unless
the health provider listed in paragraph 71.7.1 of this subclause is also a
registered medical practitioner, applications for any further sick leave must
be supported by evidence of illness from a registered medical practitioner, or
71.7.3 at the appropriate People Leader’s discretion,
other forms of evidence that satisfy that a staff member had a genuine illness.
71.8 If a staff member who is absent on
recreation leave or extended leave, furnishes to the appropriate People Leader
satisfactory evidence of illness in respect of an illness which occurred during
the leave, the appropriate People Leader may, subject to the provisions of this
clause, grant sick leave to the staff member as follows:
71.8.1 In respect of recreation leave, the period set
out in the evidence of illness;
71.8.2 In respect of extended leave, the period set
out in the evidence of illness if such period is 5 working days or more.
71.9 Subclause 71.8 applies to all staff members
other than those on leave prior to resignation or termination of services, unless the resignation or termination of services
amounts to a retirement.
72. Sick Leave to Care for a Family Member
72.1 Where family and community service leave
provided for in clause 62 of this Award is exhausted or unavailable, a staff
member with responsibilities in relation to a category of person set out in
subclause 72.4 of this clause who needs the staff member's care and support,
may elect to use available paid sick leave, subject to the conditions specified
in this clause, to provide such care and support when a family member is ill.
72.2 The sick leave shall initially be taken from
the sick leave accumulated over the previous 3 years. In special circumstances,
the appropriate People Leader may grant additional sick leave from the sick
leave accumulated during the staff member’s eligible service.
72.3 If required by the appropriate People Leader
to establish the illness of the person concerned, the staff member must provide
evidence consistent with subclause 71.6 of Sick Leave - Requirements for
Evidence of Illness of this Award.
72.4 The entitlement to use sick leave in
accordance with this clause is subject to:-
72.4.1 The staff member being responsible for the care
and support of the person concerned; and
72.4.2 The person concerned being: -
(a) a spouse of the staff member; or
(b) a de facto spouse being a person of the
opposite sex to the staff member who lives with the staff member as her husband
or his wife on a bona fide domestic basis although not legally married to that
staff member; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex partner who lives with the
staff member as the de facto partner of that staff member on a bona fide
domestic basis; or a relative of the staff member who is a member of the same
household, where for the purposes of this definition: -
"relative"
means a person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
"household"
means a family group living in the same domestic dwelling.
73. Sick Leave - Workers Compensation
73.1 icare shall advise
each staff member of their rights under the Workers Compensation and Injury
Management Legislation, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
73.2 A staff member who is or becomes unable to
attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation under
the Workers Compensation and Injury Management Legislation shall be required to
lodge a claim for any such compensation.
73.3 Where, due to the illness or injury, the
staff member is unable to lodge such a claim in person, the appropriate People
Leader shall assist the staff member or the representative of the staff member,
as required, to lodge a claim for any such compensation.
73.4 The appropriate People Leader will ensure
that, once received by icare, a staff member’s
workers compensation claim is lodged by the icare
with the workers compensation insurer within the statutory period prescribed in
the Workers Compensation and Injury Management Legislation.
73.5 Pending the determination of that claim and
on production of an acceptable medical certificate, the appropriate People
Leader shall grant sick leave on full pay for which the staff member is
eligible followed, if necessary, by sick leave without pay or, at the staff
member's election by accrued recreation leave or extended leave.
73.6 If liability for the workers compensation
claim is accepted, then an equivalent period of any sick leave taken by the
staff member pending acceptance of the claim shall be restored to the credit of
the staff member.
73.7 A staff member who continues to receive
compensation after the completion of the period of 13 weeks referred to in
section 36 of the Workers Compensation
Act 1987 may use any accrued and untaken sick leave to make up the difference
between the amount of compensation payable under that Act and the staff
member's ordinary rate of pay. Sick leave utilised in this way shall be debited
against the staff member.
73.7.1 Before approving the use of sick leave in this
subclause, the appropriate People Leader must be satisfied that the staff
member is complying with the obligations imposed by the Workers Compensation
and Injury Management Legislation which requires that the staff member must:
(a) participate and cooperate in the
establishment of the required injury management plan for the staff member;
(b) comply with obligations imposed on the
staff member by or under the injury management plan established for the staff member;
(c) when requested to do so, nominate as
their treating doctor for the purposes of the injury management plan a medical
practitioner who is prepared to participate in the development of, and in the
arrangements under, the plan;
(d) authorise the nominated treating doctor
to provide relevant information to the insurer or the appropriate People Leader
for the purposes of the injury management plan; and
(e) make all reasonable efforts to return to
work as soon as possible, having regard to the nature of the injury.
73.8 If a staff member notifies the appropriate
People Leader that he or she does not intend to make a claim for any such
compensation, the appropriate People Leader shall consider the reasons for the
staff member's decision and shall determine whether, in the circumstances, it
is appropriate to grant sick leave in respect of any such absence.
73.9 A staff member may be required to submit to
a medical examination under the Workplace
Injury Management and Workers Compensation Act 1998 in relation to a claim
for compensation under that Act. If a
staff member refuses to submit to a medical examination without an acceptable
reason, the staff member shall not be granted available sick leave on full pay
until the examination has occurred and a medical certificate is issued
indicating that the staff member is not fit to resume employment.
73.10 If icare provides the
staff member with employment which meets the terms and conditions specified in
the medical certificate issued under the Workers Compensation and Injury
Management Legislation and, without good reason, the staff member fails to
resume or perform such duties, the staff member shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
73.11 No further sick leave shall be granted on full
pay if there is a commutation of weekly payments of compensation by the payment
of a lump sum pursuant to section 87F Commutation by agreement of the Workers Compensation Act 1987.
73.12 Nothing in this clause prevents a staff member
from appealing a decision or taking action under other
legislation made in respect of: -
73.12.1 The staff member's claim for workers compensation;
73.12.2 The conduct of a medical examination
by a Government or other Medical Officer;
73.12.3 A medical certificate issued by the
examining Government or other Medical Officer; or
73.12.4 Action taken by icare
either under the Workers Compensation and Injury Management Legislation or any
other relevant legislation in relation to a claim for workers compensation,
medical examination or medical certificate.
74. Sick Leave - Claims Other Than Workers
Compensation
74.1 If the circumstances of any injury to or
illness of a staff member give rise to a claim for damages or to compensation,
other than compensation under the Workers
Compensation Act 1987, sick
leave on full pay may, subject to and in accordance with this clause, be
granted to the staff member on completion of an acceptable undertaking that: -
74.1.1 Any such claim, if made, will include a claim
for the value of any period of paid sick leave granted by icare
to the staff member; and
74.1.2 In the event that the staff member receives or
recovers damages or compensation pursuant to that claim for loss of salary or
wages during any such period of sick leave, the staff member will repay to icare the monetary value of any such period of sick leave.
74.2 Sick leave on full pay shall not be granted
to a staff member who refuses or fails to complete an undertaking, except in
cases where the appropriate People Leader is satisfied that the refusal or
failure is unavoidable.
74.3 On repayment to icare
of the monetary value of sick leave granted to the staff member, sick leave
equivalent to that repayment and calculated at the staff member’s ordinary rate
of pay, shall be restored to the credit of the staff member.
75. Special Leave
75.1 Special Leave - Jury Service
75.1.1 A staff member shall, as soon as possible,
notify the appropriate People Leader of the details of any jury summons served
on the staff member.
75.1.2 A staff member who, during any period when
required to be on duty, attends a court in answer to a jury summons shall, upon
return to duty after discharge from jury service, furnish to the appropriate
People Leader a certificate of attendance issued by the Sheriff or by the
Registrar of the court giving particulars of attendances by the staff member
during any such period and the details of any payment or payments made to the
staff member under section 72 of the Jury
Act 1977 in respect of any
such period.
75.1.3 When a certificate of attendance on jury
service is received in respect of any period during which a staff member was
required to be on duty, the appropriate People Leader shall grant, in respect
of any such period for which the staff member has been paid out-of-pocket
expenses only, special leave on full pay. In any other case, the appropriate
People Leader shall grant, at the sole election of the staff member, available
recreation leave on full pay, flex leave or leave
without pay.
75.2 Witness at Court - Official Capacity - When
a staff member is subpoenaed or called as a witness in an official capacity,
the staff member shall be regarded as being on duty. Salary and any expenses
properly and reasonably incurred by the staff member in connection with the
staff member’s appearance at court as a witness in an official capacity shall
be paid by icare.
75.3 Witness at Court - Other than in Official
Capacity - Crown Witness - A staff member who is subpoenaed or called as a
witness by the Crown (whether in right of the Commonwealth or in right of any
State or Territory of the Commonwealth) shall:
75.3.1 Be granted, for the whole of the period
necessary to attend as such a witness, special leave on full pay; and
75.3.2 Pay into the Treasury of the State of New South
Wales all money paid to the staff member under or in respect of any such
subpoena or call other than any such money so paid in respect of reimbursement
of necessary expenses properly incurred in answer to that subpoena or call.
75.3.3 Association Witness - a staff member called by
the Association to give evidence before an Industrial Tribunal or in another
jurisdiction shall be granted special leave by icare
for the required period.
75.4 Called as a witness in a private capacity -
A staff member who is subpoenaed or called as a witness in a private capacity
shall, for the whole of the period necessary to attend as such a witness, be
granted at the staff member's election, available recreation leave on full pay
or leave without pay.
75.5 Special Leave - Examinations -
75.5.1 Special leave on full pay up to a maximum of 5
days in any one year shall be granted to staff members for the purpose of
attending at any examination approved by the appropriate People Leader.
75.5.2 Special leave granted to attend examinations
shall include leave for any necessary travel to or from the place at which the
examination is held.
75.5.3 If an examination for a course of study is held
during term or semester within the normal class timetable and study time has
been granted to the staff member, no further leave is granted for any
examination.
75.6 Special Leave - Union Activities - Special
leave on full pay may be granted to staff members who are accredited Association
delegates to undertake Association activities as provided for in clause 45,
Trade Union Activities Regarded as Special Leave of this Award.
75.7 Return Home When Temporarily Living Away
from Home - Sufficient special leave shall be granted to a staff member who is
temporarily living away from home as a result of work
requirements. Such staff member shall be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the staff member wishes to return home more
often, such staff member may be granted recreation leave, extended leave or
flex leave to credit or leave without pay, if the operational requirements
allow.
75.8 Return Home When Transferred to New Location
- Special leave shall be granted to a staff member who has moved to the new
location ahead of dependants, to visit such dependants.
75.9 A staff member who identifies as an
Indigenous Australian shall be granted up to one day special leave per year to
enable the staff member to participate in the National Aborigines and Islander
Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC
week, or in the weeks leading up to and after NAIDOC week as negotiated between
the People Leader and staff member.
75.10 Special Leave - Other Purposes - Special leave
on full pay may be granted to staff members by the Group Executive for such
other purposes as they consider appropriate.
75.11 Matters arising from domestic violence
situations.
When the leave
entitlements referred to in clause 76, Leave for Matters Arising from Domestic
Violence, have been exhausted, the Group Executive shall grant up to five days
per calendar year to be used for absences from the workplace to attend to
matters arising from domestic violence situations.
76. Leave for Matters Arising from Domestic
Violence
76.1 The definition of domestic violence is found
in clause 3.16 of this Award.
76.2 Employees, including casual employees, are
entitled to 20 days of paid domestic and family violence leave in each calendar
year. This leave is not cumulative.
76.3 Paid domestic and family violence leave is
not pro-rata for part-time or casual employees.
76.4 Employees can take paid domestic and family
violence leave in part-days, single days, or consecutive days. There is not a
minimum number of hours that an employee must take in a day.
76.5 Employees experiencing domestic and family
violence may take domestic and family violence leave including for the
following purposes:
76.5.1 seeking safe accommodation or establishing safety;
76.5.2 attending medical, legal, police or counselling
appointments relating to their experience of domestic and family violence;
76.5.3 attending court and other legal proceedings
relating to their experience of domestic and family violence;
76.5.4 organising alternative care or education arrangements
for their children or person(s) in their care;
76.5.5 other activities that will help them to
establish safety and recover from their experience of domestic and family
violence; or
76.5.6 any other purpose associated with the impact of
experiencing domestic and family violence which is impractical to do outside of
their normal hours of work.
76.6 Domestic and family violence leave does not
need to be approved before it can be accessed. However, employees should advise
their employer of the need to take domestic and family violence leave as soon
as possible.
76.7 The leave entitlement can be accessed
without the need to exhaust other available leave entitlements first.
76.8 The employer should only require evidence of
the occurrence of domestic and family violence in exceptional circumstances and
should use their discretion when assessing whether evidence is needed, and if
so, what type of evidence.
76.9 Evidence of the occurrence of domestic and
family violence may include:
76.9.1 a document issued by the police, a court, a
domestic violence support service or a member of the legal profession;
76.9.2 a provisional, interim or final Apprehended
Violence Order (AVO), Apprehended Domestic Violence Order (ADVO), certificate
of conviction or family law injunction;
76.9.3 a medical certificate;
76.9.4 a statutory declaration by the employee
experiencing domestic and family violence; or
76.9.5 any other evidence that would satisfy a
reasonable person that domestic and family violence has occurred.
76.10 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee's personnel file.
76.11 The intent of paid domestic and family
violence leave is to provide employees with the same remuneration as they would
have received, inclusive of penalties that would have applied,
if they did not take the leave.
76.11.1 Full-time and part-time employees are
entitled to be paid at their full rate of pay for the hours they would have
worked had they not taken the leave.
76.11.2 Casual employees will be paid at
their full rate of pay for the hours they were rostered for and would have
worked had they not taken the leave. For the purposes of this clause,
"Rostered" means the employer has offered specific hours of work and
the casual employee has accepted that offer.
76.12 Employers must keep personal information about
domestic and family violence (including information about support provided by
the Employer) confidential. This includes not recording instances of or
information about domestic and family violence leave on:
76.12.1 payslips,
76.12.2 the employee's personnel file, or
76.12.3 rosters.
76.13 Any information regarding an employee's
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the employee's consent, a relevant
senior manager.
76.14 Employers must not take adverse action against
an employee because they:
76.14.1 have experienced, or are
experiencing, domestic and family violence;
76.14.2 use the paid domestic and family
violence leave provisions; or
76.14.3 are a casual employee who declines to
take a shift they are not rostered for because they are attending to a matter
connected with domestic and family violence at that time.
76.15 The employer will provide support to an
employee experiencing domestic and family violence, including but not limited
to the provision of flexible working arrangements, including changing working
times, work locations, telephone numbers and email addresses.
76A. Leave for Employees Providing Support to
people experiencing Domestic and Family Violence
76A.l Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may, if the criteria is met, access existing leave entitlements
including:
76A.l.1 Family and Community Service Leave
(Clause 62); or
76A.l.2 Sick Leave to Care for a Family
Member (Clause 72).
76A.2 The "family" or
"household" member that the employee is providing care and support to
must meet the definition of these terms, as referred to at:
76A.2.l Clause 62. Family and Community
Service Leave
76A.2.2 Clause 72. Sick Leave to Care for a
Family Member
76A.3 If the employer needs to establish the reasons
for an employee accessing existing leave entitlements under these provisions,
the employee may be required to provide evidence consistent with subclause 71,
Sick Leave - Requirements for Evidence of Illness of this award or any other
form of evidence that is considered acceptable by the employer such as a
statutory declaration.
76A.4 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee's personnel file.
SECTION 7 - TRAINING AND
PROFESSIONAL DEVELOPMENT
77. Staff Development and Training Activities
77.1 For the purpose of this clause, the
following shall be regarded as staff development and training activities:
77.1.1 All staff development courses conducted by a NSW Government Sector organisation;
77.1.2 Short educational and training courses
conducted by generally recognised public or private educational bodies; and
77.1.3 Conferences, conventions, seminars, or similar
activities conducted by professional, learned or other
generally recognised societies, including Federal or State Government bodies.
77.2 For the purposes of this clause, the following
shall not be regarded as staff development and training activities: -
77.2.1 Activities for which study assistance is appropriate;
77.2.2 Activities to which other provisions of this
Award apply (e.g. courses conducted by the
Association); and
77.2.3 Activities which are of no specific relevance
to the NSW Government Sector.
77.3 Attendance of a staff member at activities
considered by the appropriate People Leader to be:
77.3.1 Essential for the efficient operation of icare; or
77.3.2 Developmental and of benefit to the NSW
Government sector shall be regarded as on duty for the purpose of payment of
salary if a staff member attends such an activity during normal working hours.
77.4 The following provisions shall apply, as
appropriate, to the activities considered to be essential for the efficient
operation of icare:
77.4.1 Recognition that the staff members are
performing normal duties during the course;
77.4.2 Adjustment for the hours so worked under
flexible working hours;
77.4.3 Payment of course fees:
77.4.4 Payment of all actual necessary expenses or
payment of allowances in accordance with this Award, provided that the expenses
involved do not form part of the course and have not been included in the
course fees; and
77.4.5 Payment of overtime where the activity could
not be conducted during the staff member's normal hours and the appropriate
People Leader is satisfied that the approval to attend constitutes a direction
to work overtime under clause 80 Overtime - General of this Award.
77.5 The following provisions shall apply, as
appropriate, to the activities considered to be developmental and of benefit to
icare:
77.5.1 Recognition of the staff member as being on
duty during normal working hours whilst attending the activity;
77.5.2 Payment of course fees;
77.5.3 Reimbursement of any actual necessary expenses
incurred by the staff member for travel costs, meals
and accommodation, provided that the expenses have not been paid as part of the
course fee; and
77.5.4 Such other conditions as may be considered
appropriate by the appropriate People Leader given the circumstances of
attending at the activity, such as compensatory leave for excess travel or
payment of travelling expenses.
77.6 Where the training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the Government sector, special leave of up to
10 days per year shall be granted to a staff member. If additional leave is
required and the appropriate People Leader is able to release
the staff member, such leave shall be granted as a charge against available
flex leave, recreation/extended leave or as leave without pay.
77.7 Higher Duties Allowance - Payment of a
higher duties allowance is to continue where the staff member attends a
training or developmental activity whilst on duty in accordance with this
clause.
78. Study Assistance
78.1 The appropriate People Leader shall have the
power to grant or refuse study time.
78.2 Where the appropriate People Leader approves
the grant of study time, the grant shall be subject to:
78.2.1 The course being a course relevant to icare and/or the Government sector;
78.2.2 The time being taken at the convenience of icare; and
78.2.3 Paid study time not exceeding a maximum of 4
hours per week, to accrue on the basis of half an hour
for each hour of class attendance.
78.3 Study time may be granted to both full and
part-time staff members. Part-time staff members however shall be entitled to a
pro-rata allocation of study time to that of a full-time staff member.
78.4 Study time may be used for:
78.4.1 Attending compulsory lectures, tutorials,
residential schools, field days etc., where these are held during working
hours; and/or
78.4.2 Necessary travel during working hours to attend
lectures, tutorials etc., held during or outside working hours; and/or
78.4.3 Private study; and/or
78.4.4 Accumulation, subject to the conditions
specified in subclauses 78.6 to 78.9 of this clause.
78.5 Staff members requiring study time must
nominate the type(s) of study time preferred at the time of application and
prior to the proposed commencement of the academic period. The types of study
time are as follows: -
78.5.1 Face-to-Face - Staff members may elect to take
weekly and/or accrued study time, subject to the provisions for its grant.
78.5.2 Correspondence - Staff members may elect to
take weekly and/or accrued study time, or time off to attend compulsory
residential schools.
78.5.3 Accumulation - Staff members may choose to
accumulate part or all of their study time as provided
in subclauses 78.6 to 78.9.
78.6 Accumulated study time may be taken in any
manner or at any time, subject to operational requirements of icare.
78.7 Staff members on rotating shifts may
accumulate study time so that they can take leave for a full shift, where this
would be more convenient to both the staff member and icare.
78.8 Where at the commencement of an academic
year/semester a staff member elects to accrue study time and that staff member
has consequently foregone the opportunity of taking weekly study time, the
accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
78.9 Staff members attempting courses which
provide for annual examinations, may vary the election as to accrual, made at
the commencement of an academic year, effective from 1st July in that year.
78.10 Where a staff member is employed after the
commencement of the academic year, weekly study time may be granted with the
option of electing to accrue study time from 1st July in the year of entry on
duty or from the next academic year, whichever is the sooner.
78.11 Staff members studying in semester
based courses may vary their election as to accrual or otherwise from
semester to semester.
78.12 Correspondence Courses - Study time for staff
members studying by correspondence accrues on the basis of
half an hour for each hour of lecture/tutorial attendance involved in the
corresponding face-to-face course, up to a maximum grant of 4 hours per week.
Where there is no corresponding face-to-face course, the training institution
should be asked to indicate what the attendance requirements would be if such a
course existed.
78.13 Correspondence students may elect to take
weekly study time and/or may accrue study time and take such accrued time when
required to attend compulsory residential schools.
78.14 Repeated subjects - Study time shall not be
granted for repeated subjects.
78.15 Expendable grant - Study time if not taken at
the nominated time shall be forfeited. If the inability to take study time
occurs as a result of a genuine emergency at work, study
time for that week may be granted on another day during the same week.
78.16 Examination Leave - Examination leave shall be
granted as special leave for all courses of study approved in accordance with
this clause.
78.17 The period granted as examination leave shall
include:
78.17.1 Time actually involved in the examination;
78.17.2 Necessary travelling time, in
addition to examination leave,
but is limited
to a maximum of 5 days in any one year. Examination leave is not available
where an examination is conducted within the normal class timetable during the
term/semester and study time has been granted to the staff member.
78.18 The examination leave shall be granted for
deferred examinations and in respect of repeat studies.
78.19 Study Leave - Study leave for full-time study
is granted to assist those staff members who win
scholarships/fellowships/awards or who wish to undertake full-time study and/or
study tours. Study leave may be granted for studies at any level, including
undergraduate study.
78.20 All staff members are eligible to apply and no prior service requirements are necessary.
78.21 Study leave shall be granted without pay,
except where the Chief Human Resources Officer approves financial assistance.
The extent of financial assistance to be provided shall be determined by the
Chief Human Resources Officer according to the relevance of the study to the
workplace and may be granted up to the amount equal to full salary.
78.22 Where financial assistance is approved by icare for all or part of the study leave period, the period
shall count as service for all purposes in the same proportion as the quantum
of financial assistance bears to full salary of the staff member.
78.23 Scholarships for Part-Time Study - In addition
to the study time/study leave provisions under this clause, the icare may choose to identify courses or educational
programmes of particular relevance or value and
establish a scholarship to encourage participation in these courses or
programmes. The conditions under which such scholarships are provided should be
consistent with the provisions of this clause.
SECTION 8 - SHIFT WORK
AND OVERTIME
79. Shift Work
79.1 Shift Loadings - A shift worker employed on a
shift shall be paid, for work performed during the ordinary hours of any such
shift, ordinary rates plus the following additional shift loadings depending on
the commencing times of shifts:
|
Day - at or after
6am and before 10am
|
Nil
|
|
Afternoon - at or
after 10am and before 1pm
|
10.0%
|
|
Afternoon - at or
after 1pm and before 4pm
|
12.5%
|
|
Night - at or
after 4pm and before 4am
|
15.0%
|
|
Night - at or
after 4am and before 6am
|
10.0%
|
79.2 The loadings specified in subclause 79.1
shall only apply to shifts worked from Monday to Friday.
79.3 Weekends and Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
79.4 Saturday Shifts - Shift
workers working on an ordinary rostered shift between midnight on Friday and
midnight on Saturday which is not a public holiday, shall be
paid for such shifts at ordinary time and one half.
79.5 Sunday Shifts - Shift workers working on an
ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a public holiday, shall be paid for such
shifts at ordinary time and three quarters.
79.6 Public Holidays - With the
exception of classifications listed in subclauses 79.7 and 79.8, the
following shall apply:
79.6.1 Where a shift worker is required to and does
work on a Public Holiday, the shift worker shall be paid at two and a half
times the rate for time worked. Such payment shall be in lieu of weekend or
shift allowances which would have been payable if the day had not been a Public
Holiday;
79.6.2 A shift worker rostered off duty on a Public
Holiday shall elect to be paid one day’s pay for that Public Holiday or to have
one day added to his/her annual holidays for each such day;
79.7 Rosters - Rosters covering a minimum period
of 28 days, where practicable, shall be prepared and issued at least 7 days
prior to the commencement of the rosters. Each roster shall indicate the
starting and finishing time of each shift. Where current or proposed shift
arrangements are incompatible with the shift worker’s family, religious or
community responsibilities, every effort to negotiate individual alternative
arrangements shall be made by the appropriate People Leader.
79.8 Notice of Change of Shift - A shift worker
who is required to change from one shift to another shift shall, where
practicable, be given forty-eight (48) hours’ notice of the proposed change.
79.9 Breaks between Shifts - A minimum break of
eight (8) consecutive hours between ordinary rostered shifts shall be given.
79.10 If a shift worker resumes or continues to work
without having had eight (8) consecutive hours off duty, the shift worker shall
be paid overtime in accordance with clause 81, Overtime Worked by Shift Workers
of this Award, until released from duty for eight (8) consecutive hours. The shift worker will then be entitled to be
off duty for at least eight (8) consecutive hours without loss of pay for
ordinary working time which falls during such absence.
79.11 Time spent off duty may be calculated by
determining the amount of time elapsed after: -
79.11.1 The completion of an ordinary
rostered shift; or
79.11.2 The completion of authorised
overtime; or
79.11.3 The completion of additional
travelling time, if travelling on duty, but shall not include time spent
travelling to and from the workplace.
79.12 Daylight Saving - In all cases where a shift
worker works during the period of changeover to and from daylight saving time,
the shift worker shall be paid the normal rate for the shift.
80. Overtime - General
80.1 A staff member may be directed by the appropriate
People Leader to work overtime, provided it is reasonable for the staff member
to be required to do so. A staff member may refuse to work overtime in
circumstances where the working of such overtime would result in the staff
member working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
80.1.1 The staff member’s prior commitments outside
the workplace, particularly the staff member’s family and carer
responsibilities, community obligations or study arrangements,
80.1.2 Any risk to staff member health and safety,
80.1.3 The urgency of the work required to be
performed during overtime, the impact on the operational commitments of the
organisation and the effect on client services,
80.1.4 The notice (if any) given by the appropriate
People Leader regarding the working of the overtime, and by the staff member of
their intention to refuse overtime, or
80.1.5 Any other relevant matter.
80.2 Payment for overtime shall be made only
where the staff member works directed overtime.
80.3 Where a flexible working hours scheme is in
operation, overtime shall be deemed as the hours directed to be worked before
or after bandwidth or before or after the time specified in a local arrangement
made pursuant to the provisions of clause 10, Local Arrangements of this Award
provided that, on the day when overtime is required to be performed, the staff
member shall not be required by the appropriate People Leader to work more than
7 hours after finishing overtime or before commencing overtime.
80.4 Payment for overtime worked and/or on-call
(standby) allowance shall not be made under this clause if the staff member is
eligible, under any other industrial instrument, to:
80.4.1 Compensation specifically provided for overtime
and/or on-call (standby) allowance; or
80.4.2 Be paid an allowance for overtime and/or
on-call (standby) allowance; or
80.4.3 A rate of salary which has been determined as
inclusive of overtime and/or on-call (standby) allowance.
81. Overtime Worked by Shift Workers
81.1 The following rates are payable for any
overtime worked by shift workers and shall be in substitution of and not
cumulative upon the rates payable for shift work performed on Monday to Friday,
Saturday, Sunday or Public Holiday.
81.1.1 Monday-Friday - All overtime worked by shift
workers Monday to Friday inclusive, shall be paid for at the rate of time and
one half for the first two hours and double time thereafter.
81.1.2 Saturday - All overtime worked by shift workers
on Saturday, shall be paid for at the rate of time and one half for the first
two hours and double time thereafter.
81.1.3 Sunday - All overtime worked by shift workers
on a Sunday shall be paid for at the rate of double time.
81.1.4 Public Holidays - All overtime worked on a
public holiday shall be paid for at the rate of double time and one half.
81.2 Eight Consecutive Hours Break on Overtime -
When overtime is necessary, wherever reasonably practicable, it shall be
arranged so that shift workers have at least eight (8) consecutive hours off
duty.
81.3 The rest period off duty shall be not less
than eight (8) consecutive hours when the overtime is worked for the purpose of
changing shift rosters except where an arrangement between shift workers alters
the ordinary rostered shift and such alteration results in a rest period of
less than eight (8) hours.
82. Overtime Worked by Day Workers
82.1 The provisions of this clause shall not
apply to:
82.1.1 Shift workers as defined in clause 3, Definitions
of this Award and to whom provisions of clause 79, Shift Work and clause 81,
Overtime Worked by Shift Workers of this Award apply;
82.1.2 Staff members covered by formal local
arrangements in respect of overtime negotiated between the Chief Human Resources
Officer and the Association;
82.1.3 Staff members to who overtime provisions apply
under another industrial instrument;
82.1.4 Staff members whose salary includes
compensation for overtime; and
82.1.5 Staff members who receive an allowance in lieu
of overtime.
82.2 Rates - Overtime shall be paid at the
following rates:
82.2.1 Weekdays (Monday to Friday inclusive) - at the rate
of time and one-half for the first two hours and at the rate of double time
thereafter for all directed overtime worked outside the staff member’s ordinary
hours of duty, if working standard hours, or outside the bandwidth, if working
under a flexible working hours scheme, unless local arrangements negotiated in
terms of clause 10, Local Arrangements of this Award apply;
82.2.2 Saturday - All overtime worked on a Saturday at
the rate of time and one-half for the first two hours and at the rate of double
time thereafter;
82.2.3 Sundays - All overtime worked on a Sunday at
the rate of double time;
82.2.4 Public Holidays - All overtime worked on a
public holiday at the rate of double time and one half.
82.3 If a staff member is absent from duty on any
working day during any week in which overtime has been worked the time so lost
may be deducted from the total amount of overtime worked during the week unless
the staff member has been granted leave of absence or the absence has been
caused by circumstances beyond the staff member’s control.
82.4 A staff member who works overtime on a
Saturday, Sunday or public holiday shall be paid a minimum payment as for three
(3) hours work at the appropriate rate.
82.5 Rest Periods
82.5.1 A staff member who works overtime shall be
entitled to be absent until eight (8) consecutive hours have elapsed.
82.5.2 Where a staff member, at the direction of the
People Leader, resumes or continues work without having had eight (8)
consecutive hours off duty then such staff member shall be paid at the
appropriate overtime rate until released from duty. The staff member shall then
be entitled to eight (8) consecutive hours off duty and shall be paid for the
ordinary working time occurring during the absence.
83. Recall to Duty
83.1 A staff member recalled to
work overtime after leaving the employer’s premises shall be paid for a
minimum of three (3) hours work at the appropriate overtime rates.
83.2 The staff member shall not be required to
work the full three (3) hours if the job can be completed within a shorter
period.
83.3 When a staff member returns to the place of
work on a number of occasions in the same day and the
first or subsequent minimum pay period overlap into the next call out period,
payment shall be calculated from the commencement of the first recall until
either the end of duty or three (3) hours from the commencement of the last
recall, whichever is the greater. Such time shall be calculated as one
continuous period.
83.4 When a staff member returns to the place of
work on a second or subsequent occasion and a period of three (3) hours has
elapsed since the staff member was last recalled, overtime shall only be paid
for the actual time worked in the first and subsequent periods with the minimum
payment provision only being applied to the last recall on the day.
83.5 A recall to duty commences when the staff member
starts work and terminates when the work is completed. A recall to duty does
not include time spent travelling to and from the place at which work is to be
undertaken.
83.6 A staff member recalled to duty within three
(3) hours of the commencement of usual hours of duty shall be paid at the
appropriate overtime rate from the time of recall to the time of commencement
of such normal work.
83.7 This clause shall not apply in cases where
it is customary for a staff member to return to icare’s
premises to perform a specific job outside the staff member’s ordinary hours of
duty, or where overtime is continuous with the completion or commencement of
ordinary hours of duty. Overtime worked in these circumstances shall not
attract the minimum payment of three (3) hours unless the actual time worked is
three (3) or more hours.
84. On-Call (Stand-By) and On-Call Allowance
84.1 Unless already eligible for an on-call
allowance under another industrial instrument, a staff member shall be:
84.1.1 Entitled to be paid the on
call allowance set out in Item 12 of Table 2 - Allowances of Part C
Monetary Rates when directed by the appropriate People Leader to be on call or
on standby for a possible recall to duty outside the staff member's working
hours;
84.1.2 If a staff member who is on call and is called
out by icare, the overtime provisions as set out in
clause 81, Overtime Worked by Shift Workers and clause 82, Overtime Worked by
Day Workers of this Award, whichever is appropriate, shall apply to the time worked;
84.1.3 Where work problems are resolved without travel
to the place of work whether on a weekday, weekend or public holiday, work
performed shall be compensated at ordinary time for the time actually
worked, calculated to the next 15 minutes.
85. Overtime Meal Breaks
85.1 Staff Members Not Working Flexible Hours - a
Staff Member Required to Work Overtime on Weekdays for an Hour and a Half Or More After the Staff Member’s Ordinary Hours of Duty on
Weekdays, Shall be Allowed 30 Minutes for a Meal and Thereafter, 30 Minutes for
a Meal After Every Five Hours of Overtime Worked.
865.2 Staff member working flexible hours - A staff
member required to work overtime on weekdays beyond 6.00 p.m. and until or
beyond eight and a half hours after commencing duty plus the time taken for
lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a
meal after every five hours of overtime worked.
85.3 Staff Members Generally - A staff member
required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
86. Overtime Meal Allowances
86.1 If an adequate meal is not provided by icare, a meal allowance shall be paid by icare at the appropriate rate specified in Item 9 of Table
2 - Allowances of Part C, Monetary Rates, provided the appropriate People
Leader is satisfied that:
86.1.1 the time worked is directed overtime;
86.1.2 the staff member properly and reasonably
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
86.1.3 where the staff member was able to cease duty
for at least 30 minutes before or during the working of overtime to take the
meal, the staff member did so; and
86.1.4 overtime is not being paid in respect of the
time taken for a meal break.
86.2 Where an allowance payable under this clause
is insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the appropriate People Leader shall approve payment of
actual expenses.
86.3 Where a meal was not purchased, payment of a
meal allowance shall not be made.
86.4 Receipts shall be provided to the
appropriate People Leader or his/her delegate in support of any claims for
additional expenses or when the staff member is required to substantiate the
claim.
86.5 Notwithstanding the above provisions,
nothing in this clause shall prevent the Chief Human Resources Officer and the
Association from negotiating different meal provisions under a local
arrangement.
87. Rate of Payment for Overtime
A staff member
whose salary, or salary and allowance in the nature of salary, exceeds the
maximum rate for Grade 8, as varied from time to time, shall be paid for
working directed overtime at the maximum rate for Grade 8 plus $1.00, unless
the appropriate People Leader approves payment for directed overtime at the
staff member’s salary or, where applicable, salary and allowance in the nature
of salary.
88. Payment for Overtime Or
Leave in Lieu
88.1 The appropriate People Leader shall grant
compensation for directed overtime worked either by payment at the appropriate
rate or, if the staff member so elects, by the grant of leave in lieu in accordance with subclause 88.2.
88.2 The following provisions shall apply to the
leave in lieu:
88.2.1 The staff member shall advise the People Leader
before the overtime is worked or as soon as practicable on completion of
overtime, that the staff member intends to take leave in lieu of payment.
88.2.2 The leave shall be calculated at the same rate as
would have applied to the payment of overtime in terms of this clause.
88.2.3 The leave must be taken at the convenience of icare, except when leave in lieu is being taken to look
after a sick family member. In such cases, the conditions set out in clause 72,
Sick Leave to Care for a Sick Family Member of this Award apply.
88.2.4 The leave shall be taken in multiples of a
quarter day, unless debiting of leave in hours or in fractions of an hour has
been approved in the staff member’s section.
88.2.5 Leave in lieu accrued in respect of overtime
shall be given by icare and taken by the staff member
within three months of accrual unless alternate local arrangements have been
negotiated between the Chief Human Resources Officer and the Association.
88.2.6 A staff member shall be paid for the balance of
any overtime entitlement not taken as leave in lieu.
89. Calculation of Overtime
89.1 Unless a minimum payment in terms of
subclause 82.4 of Overtime Worked by Day Workers of this Award applies,
overtime shall not be paid if the total period of overtime worked is less than
a quarter of an hour.
89.2 The formula for the calculation of overtime
at ordinary rates for staff members employed on a five (5) day basis shall be:
-
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
No of ordinary hours of work per week
|
89.3 The formula for the calculation of overtime
at ordinary rates for staff members employed on a seven (7) day basis shall be:
|
Annual salary
|
X
|
7
|
X
|
1
|
|
1
|
|
365.25
|
|
No of ordinary hours of work per week
|
89.4 To determine time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
89.5 Overtime is not payable for time spent
travelling.
90. Provision of Transport in Conjunction with
Working of Overtime
90.1 For the purpose of this clause, departure or arrival after 8.00 p.m. will determine whether
the provisions of this clause apply.
Departure or
arrival after 8.00 p.m. of a staff member on overtime or a regular or rotating
shift roster does not in itself warrant the provision of transport. It needs to
be demonstrated that the normal means of transport, public or otherwise, is not
reasonably available and/or that travel by such means of transport places the
safety of the staff member at risk.
The
responsibility of deciding whether the provision of assistance with transport
is warranted in the circumstances set out above rests with icare
where knowledge of each particular situation will enable
appropriate judgements to be made.
90.2 Arrangement of Overtime
Where overtime
is required to be performed, it should be arranged, as far as is reasonably
possible, so that the staff member can use public transport or other normal
means of transport to and from work.
90.3 Provision of Taxis
Where a staff
member:
90.3.1 ceases overtime duty after 8.00 p.m., or
90.3.2 ceases or commences duty performed as part of a
regular or rotating roster of shift duty after 8.00 p.m., and public transport
or other normal means of transport is not reasonably available, arrangements
may be made for transport home or to be provided by way of taxi.
SECTION 9 -
MISCELLANEOUS
91. Anti-Discrimination
91.1 It is the intention of the parties bound by
this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination
in the workplace. This includes discrimination on the grounds of race, sex,
marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
91.2 It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
91.3 Under the Anti-Discrimination Act 1977, 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.
91.4 Nothing in this clause is to be taken to
affect:
91.4.1 Any conduct or act which is specifically
exempted from anti-discrimination legislation;
91.4.2 Offering or providing junior rates of pay to
persons under 21 years of age;
91.4.3 Any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
91.4.4 A party to this Award from pursuing matters of
unlawful discrimination in any State or federal jurisdiction.
91.5 This clause does not create legal rights or
obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
91.5.1 Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
91.5.2 Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing
in the Act affects... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion."
92. Area, Incidence and Duration
92.1 This Award shall apply to full time and
part-time employees, temporary employees and casual
employees of icare.
92.2 This Award shall take
effect on and from 1 July 2022 and rescinds and replaces the Insurance
and Care NSW Award 2017 published 20 March 2020 (387 I.G. 56) and the salaries and salary related allowances as prescribed in Tables 1
and 2 of Part C Monetary Rates are operative from the beginning of the first
full pay period to commence on or after 1 July 2022.
93. No Extra Claims
Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations
(Public Sector Conditions of Employment) Regulation 2014, or under the
circumstances outlined in Clause 6 of this Award, 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 2023 by a party to this Award.
PART B
1. Salary Grade Structure
1.1 The salary rates for employees, whose
roles are placed in Grades 1 to 12 are set out in Table 1 of Part C, Monetary
Rates.
1.5 Positions are classified within Grades 1
to 12 in accordance with the grading system approved by the CEO&MD.
1.6 An employee who is temporarily employed by
icare is paid the weekly equivalent of the annual
salary prescribed in Table 1.
2. Promotion
The promotion of employees to a grade and
from grade to grade is subject to the occurrence of a vacancy in such grade.
3. Salary Increments
3.1 The
payment of increments under the Salary Grade Scale shall be subject to approval
by the appropriate People Leader.
3.2 One
month prior to the date on which an employee will become eligible for an
increment of salary, the appropriate People Leader shall report as to conduct
and the manner in which the duties of the employee
have been performed.
3.3 In
cases where the recommendation of the appropriate People Leader is averse to
the granting of an increment, the employee affected shall have the right of
review.
PART C
MONETARY RATES
1.1 At
the time of the making of this Award, no employee covered by this Award will
suffer a reduction in his or her rate of pay or any loss or diminution in his
or her conditions of employment as a consequence of
the making of this Award.
1.2 The
salary rates set out in Table 1, are set in accordance with the Crown Employees
(Public Sector - Salaries) Award. Should there be any variation or
replacement Award of this Award, Insurance and Care staff members will maintain
the same salary relationship.
Table 1
|
Grades
|
Common Salary Points
|
Per annum $
From ffpp on or
after 1.7.2023
|
|
Grade 1
|
|
|
|
1st year of
service
|
46
|
$70,694
|
|
Thereafter
|
49
|
$72,772
|
|
Grade 2
|
|
|
|
1st year of
service
|
52
|
$74,803
|
|
Thereafter
|
55
|
$76,857
|
|
Grade 3
|
|
|
|
1st year of
service
|
58
|
$79,032
|
|
Thereafter
|
61
|
$81,416
|
|
Grade 4
|
|
|
|
1st year of
service
|
64
|
$83,957
|
|
Thereafter
|
67
|
$86,539
|
|
Grade 5
|
|
|
|
1st year of
service
|
75
|
$93,295
|
|
Thereafter
|
78
|
$96,237
|
|
Grade 6
|
|
|
|
1st year of
service
|
82
|
$100,011
|
|
Thereafter
|
85
|
$102,941
|
|
Grade 7
|
|
|
|
1st year of
service
|
88
|
$106,025
|
|
Thereafter
|
91
|
$109,194
|
|
Grade 8
|
|
|
|
1st year of
service
|
95
|
$113,746
|
|
Thereafter
|
98
|
$117,363
|
|
Grade 9
|
|
|
|
1st year of
service
|
101
|
$120,859
|
|
Thereafter
|
104
|
$124,258
|
|
Grade 10
|
|
|
|
1st year of
service
|
108
|
$129,331
|
|
Thereafter
|
111
|
$133,183
|
|
Grade 11
|
|
|
|
1st year of
service
|
116
|
$139,787
|
|
Thereafter
|
120
|
$145,713
|
|
Grade 12
|
|
|
|
1st year of
service
|
126
|
$154,840
|
|
Thereafter
|
130
|
$161,663
|
Table 2
|
Item No.
|
Clause No.
|
Description
|
Rate to apply from 1.7.2023
|
|
1
|
|
Meal expenses on one day journeys
Capital cities and high
cost country centres
(see list in item
2)
|
|
|
|
29.1.1
|
Breakfast
|
$32.10
|
|
|
29.1.2
|
Dinner
|
$61.50
|
|
|
29.1.3
|
Lunch
|
$36.10
|
|
|
|
Tier 2 and other country centres (see list
in item 2)
|
|
|
|
29.1.1
|
Breakfast
|
$28.75
|
|
|
29.1.2
|
Dinner
|
$56.60
|
|
|
29.1.3
|
Lunch
|
$32.80
|
|
2
|
|
Travelling allowances
|
|
|
|
26.8.2
|
Capital cities
|
Per day
|
|
|
|
Adelaide
|
$310.70
|
|
|
|
Brisbane
|
$333.70
|
|
|
|
Canberra
|
$330.70
|
|
|
|
Darwin
|
$372.70
|
|
|
|
Hobart
|
$328.70
|
|
|
|
Melbourne
|
$325.70
|
|
|
|
Perth
|
$332.70
|
|
|
|
Sydney
|
$350.7
|
|
|
26.8.2
|
Other country centres
|
$282.15
|
|
|
26.8.2
|
Incidental expenses when claiming actual
expenses - all locations
|
$23
|
|
|
26.11
|
Daily allowance payable after 35 days and
up to 6 months in the same location - all locations
|
50% of the appropriate location rate
|
|
3
|
26.8.1
|
Incidental expenses
|
$23
|
|
4
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
34.3
|
Official business
|
85
|
|
|
34.3
|
Casual rate (40% of ott1cial business
rate)
|
34
|
|
|
|
Motor cycle allowance
(50% of official business rate)
|
42.50
|
|
|
34.7
|
Towing trailer or horse float (13% of
official business rate)
|
11.05
|
|
5
|
36
|
Insurance cover
|
Up to $1,173
|
|
6
|
37.2
|
Exchanges
|
Actual cost
|
|
7
|
38.1
|
Room at home used as office
|
$1,112 pa
|
|
8
|
39.1
|
Uniforms, protective clothing
and laundry allowance.
|
$5.80 per week
|
|
9
|
86.1
|
Overtime meal allowances
|
|
|
|
|
Breakfast
|
$35.65
|
|
|
|
Lunch
|
$35.65
|
|
|
|
Dinner
|
$35.65
|
|
|
|
Supper
|
$13.30
|
|
Item No.
|
Clause No.
|
Description
|
From ffpp on or
after 1.7.2023
|
|
10
|
42.1
|
Community language allowance scheme
|
|
|
|
|
- Base Level Rate
|
$1,580pa
|
|
|
|
- Higher Level Rate
|
$2,376 pa
|
|
11
|
42.1
|
First aid allowance
|
|
|
|
|
- Holders of basic quahticat10ns
|
$1,018 pa
|
|
|
|
- Holders of current occupational first
aid certificate
|
$1,529 pa
|
|
12
|
84.1.1
|
On-call (stand-by) and on-call allowance
|
$1.10 per hour
|
NB: In adjusting expense related and salary
related allowances, annual rates are adjusted to the nearest dollar, weekly and
daily rates are rounded to the nearest 5 cents, and hourly rates are moved to
the nearest cent.
D. SLOAN, Commissioner
____________________
Printed by the authority of the
Industrial Registrar.