Roads and Maritime
Services Consolidated Salaried Award 2019
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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C9739
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13 October 23
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1 July 2023
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395
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464
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AWARD
Arrangement
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION,
OPERATION AND GENERAL PROVISIONS
Clause No. Subject
Matter
1. Definitions
2. Title
3. Area, Incidence and Duration
4. No Extra Claims
5. Dispute Settlement Procedure
6. Grievance Procedure
7. Consultation and Significant Workplace
Change
8. Trade Union Activities
9. Work Environment
10. Anti-Discrimination
11. Diversity
12. Negotiation of Next Award
SECTION 2 - TERMS OF
EMPLOYMENT AND RELATED MATTERS
13. Forms of Employment
14. Probationary Period
15. Secure Employment
16. Notice of Termination of Employment
17. Abandonment of Employment
SECTION 3 - SALARIES,
ALLOWANCES AND RELATED MATTERS
18. Classifications and Rates of Pay
19. Higher Duties
20. Travelling Compensation
21. Allowances
SECTION 4 - LOCAL
ARRANGEMENTS, HOURS OF WORK, OVERTIME, SHIFTWORK AND RELATED MATTERS
22. Local Arrangements
23. Hours of Work
24. Shift Work
25. Overtime
26. Flexible Working Practices
SECTION 5 - LEAVE AND
PUBLIC HOLIDAYS
27. Annual Leave
28. Sick Leave
29. Carer’s Leave
30. Family and Community Service Leave
31. Parental Leave
32. Breastfeeding Breaks
33. Extended Leave
34. Special Leave
35. Examination and Study Leave
36. Military Leave
37. Purchased Leave
38. Observance of Essential Religious and
Cultural Obligations
39. Leave for Matters Arising from Domestic
and Family Violence
40. Leave Without Pay
41. Public Holidays
PART B - SPECIFIC PROVISIONS
SECTION 6 - SPECIFIC
PROVISIONS FOR SALARIED EMPLOYEES
42. Compliance Operations Inspectors (COIs)
and Compliance Operations Managers
43. Hours of Work and Additional Conditions for
Telephone Customer Service Centre Employees
44. Hours of Work and Additional Conditions
for Drives Help Desk Employees
45. Hours of Work and Additional Conditions
for Work Support Employees
46. Hours of Work for Traffic Supervisors
47. Hours of Work and Additional Conditions
for Senior Coordinator Customer & Network Operations, Customer &
Network Operations Coordinator and Traffic Commanders
48. Hours of Work and Additional Conditions
for Shift Managers and Operations Coordinators in the RTOC
49. Hours of Work and Additional Conditions
for Sydney Harbour Bridge Control Room Employees
SECTION 7 - SPECIFIC
PROVISIONS FOR PROFESSIONAL ENGINEERS
50. Shift Work Definitions
51. Call Out/Call Back
52. Specialist Engineers
53. Recognition of Professional Engineering
Skills
54. Professional Development
55. Professional Engineer Development Program
(PEDP)
56. Knowledge Transfer
57. Women in Engineering
58. Consultation
59. Part-Time Employment
60. Hours for Full-Time Employees
61. Minimum Rest Period When Working Overtime
62. Disturbance Allowance
63. Leave Without Pay
SECTION 8 - SPECIFIC
PROVISIONS FOR MARITIME EMPLOYEES
64. Hours of Work
65. Maritime Trainees Ordinary Hours of Work
66. Additional Hours
67. Overtime
68. Fitness for Duty
69. Allowances
70. Conditions Applicable to Managers in
Operations and Compliance Branch at Salary Levels Ma16a, Ma16aa Ma17a and
Ma17aa.
71. Conditions Applicable to Senior Boating
Safety Officers (SBSOs), Boating Safety Officers (BSOs) and Boating Education Officers
(BEOs)
72. Conditions Applicable to Team Leaders
Environmental Services (TLES) and Environmental Services Officers (ESOs).
73. Conditions Applicable to the Payment of
Annualised Salaries
74. Competency Progression of Maritime
Employees
75. Change of Position
76. Specific Provisions for Special Aquatic
Events
77. Professional Development for Maritime
Employees
SCHEDULE A -
CLASSIFICATION STRUCTURE AND RATES OF PAY
PART 1 - Salaried Employee
Classifications (including Compliance Operations Inspectors)
PART 2 - Professional
Engineers Professional Engineers Level Descriptions
PART 3 - Maritime Employee
Classifications
SCHEDULE B - ALLOWANCES
AND EXPENSES
APPENDIX A
APPENDIX B
Grievance Management
Procedure
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION,
OPERATION AND GENERAL PROVISIONS
1. Definitions
Accrued Day Off (ADO) means a day,
not being a holiday, that an Employee has off duty arising from working
additional hours over a roster cycle to accrue a day off.
Act means Transport Administration Act 1988 (NSW)
BSO - means a
Boating Education Officer, Boating Safety Officer or
Senior Boating Safety Officer in Maritime.
Cadet means a
person completing a four year engineering degree
course, or equivalent, at a recognised Australian University.
Call-out/Call-back
means a call or direction to return to work to attend to an emergency or
breakdown.
Casual means a
person who is employed and paid by the hour with no guaranteed hours of work
and whose employment terminates at the end of each engagement, as specified by
subclause 13.5.
COI means a
Compliance Operations Inspector (formerly Enforcement Operations Inspector
(EOI) and Inspector Vehicle Regulator (IVR).
Continuous Shift
Work means a pattern of work designed to cover the business operations with
consecutive shifts of Employees throughout 24 hours per day, for a period of at
least six consecutive days without interruption, except during breakdowns, meal
breaks or owing to unavoidable causes beyond the Employers' control.
Crib break or a
paid meal break means a break which is treated as time worked, where Employees
remain available to carry out duties.
Day Worker means an
Employee whose ordinary hours of work are set out in clause 23.
Dispute Settlement
Procedure (DSP) means the procedure outlined in clause 5.
Employee means a
person employed as a member of the Transport Service in the RMS Group and
covered by this Award.
Employee’s
Representative means a person of the Employee’s choice, who may be a union
official, appointed by the Employee to represent them, concerning matters at
work.
Employer means the
Secretary of the Department of Transport in accordance with s.68C(3) of the
Act.
ESO means an
Environmental Service Officer.
Extended Leave
means long service leave as provided by clause 33.
FACSL means Family
and Community Service Leave as provided by clause 30.
Family Member
means:
(a) a spouse of the Employee;
(b) de facto spouse, who, who lives with the
Employee as the Employee's partner on a bona fide domestic basis although not
legally married to the Employee.
(c) a child or adult child (including an
adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild, or sibling of the Employee or of the spouse or de
facto spouse of the Employee.
(d) a relative of the Employee who is a
member of the same household, where for the purposes of this definition:
(i) "relative" means a person related
by blood, marriage, affinity or Aboriginal kinship structures;
(ii) "affinity" means a relationship
that one spouse or partner has to the relatives of the other; and
(iii) "household" means a family group
living in the same domestic dwelling.
Family
Responsibilities means, in relation to Family and Community Service Leave, the
granting of such leave on compassionate grounds (such as the death or illness
of a close family member) or, attending to unplanned or unforeseen family
responsibilities (such as attending a child’s school for an emergency reason or
emergency cancellations by child care providers).
Field Work means
work which is not incidental to the Employee’s current role and is undertaken
away from the Employee’s Headquarters.
Flexitime means a
flexible system of arranging working hours that includes the ability for
Employees to accrue and take flex leave in accordance with this Award.
Full-Time Employee
means a person who is employed on a permanent or temporary basis to work the
ordinary hours prescribed in subclause 23.2
General Provisions
means those provisions referred to in Part A, Core Conditions, of this Award.
Graduate Engineer
means a Professional Engineer who is participating in the Employer’s Entry
Level Talent Program (or equivalent).
Headquarters means
the centre to which an Employee’s position is attached
for administrative purposes.
Hourly Rate means
the rate payable for one hour worked calculated by dividing the weekly rate by
35 or 38 depending upon the ordinary hours applicable to each classification.
Hours of Work means
the Ordinary Hours Employees are required to work.
IRC means
Industrial Relations Commission of New South Wales.
Letter of
appointment means the letter sent to Employees offering them employment in the
RMS Group.
Leave Year means,
for the calculation of annual leave loading, the year commencing on 1 December
each year and ending on 30 November of the following year.
Local Holiday means
a holiday which is declared as an additional public holiday for a specified
part of the State under the Public
Holidays Act 2010 (NSW). It does
not include Local Event Days unless such days have been gazetted as a public
holiday for the local area.
LWOP means Leave
Without Pay.
Major Transport
Disruption means a major transport incident such as a derailment or a motor
vehicle accident resulting in significant delays to the travelling public.
Maritime Employees
means those Employees assigned to positions within the structure of Maritime;
excluding Transport Service senior executives and Transport Service senior
managers as defined by section 68D of the Act.
MESO means Maritime
Environmental Services Officer.
Official Business
Rate means the rate Employees are paid for using a private vehicle on official
business when:
(iv) no Employer owned vehicle is available; or
(v) no hire car is available; or
(vi) no public or other transport is available;
or
(vii) Employees are unable to use public or other
transport because of a disability; or
(viii) Employees are requested to use the vehicle
and agree to do so; or
(ix) Employees are required to do so as
specified by subclause 21.5.10 (Transfer of Dependants), or when the Employer
approves use of a private vehicle when other forms of transport are available
for travel to a temporary work location.
On Call means a
direction to be available outside ordinary hours to provide a response to an
emergency/breakdown.
Ordinary rate of
pay means the base rate Employees are paid on an hourly basis, according to
their hours of work and their annual salary.
Overtime means time
which Employees work outside their ordinary hours as per clause 25.
P and MA Act shall
mean the Ports and Maritime
Administration Act 1995 (NSW).
Part-Time Employee
means a person employed in accordance with subclause 13.4 and who has hours of
work that are less than those of full-time Employees.
Permanent residence
means where an Employee lives.
Personal salary
means, for Maritime Employees, any salary in excess of
the value of the position as determined by the process of job evaluation or,
for those Employees who moved from the Award system into the MSB Enterprise Agreement
interpolated/altered rate which resulted from redeployment or transfer at the
time of transition.
Professional
Engineer means an Employee who holds an undergraduate degree in engineering (4 or 5 year course) from an Australian university or equivalent,
as recognised by Engineers Australia. For the purposes of entitlement in this
Award, excluding Schedule A, Part 2, Professional Engineer includes Cadet and
Graduate Engineer.
Professional
Engineering Duties means duties, any portion of which are required to be
carried out by Employees who have qualifications as a Professional Engineer.
Regular Aquatic
Event means an event that occurs on a regular basis and is included in the
annual event calendar, for example Boxing Day, New Year's Eve
and Australia Day.
RMS Group means the
group of staff designated by the Secretary of the Department of Transport in
accordance with the Act as being part of the RMS Group who are not part of any
other Group of Staff. A Memorandum of Understanding dated 31 July 2019 between
the Secretary of the Department of Transport and the Secretary of Unions NSW
applies to any proposed changes to an employee’s designation as being part of
the RMS Group throughout the life of this Award. In the event of any dispute about the Memorandum
of Understanding, clause 5, DSP applies.
Rostered Day Off
(RDO) means the day that an Employee has off duty in accordance with the
rostering arrangements in their area of operation.
Salaried Employee
means those Employees employed in the Salaried Classifications in Schedule A,
Part 1, of this Award. Unless specified otherwise, it includes Compliance
Operations Inspectors.
Saturday means the
period between 12 midnight Friday and 12 midnight Saturday.
Shift means a turn
of duty during which work is performed.
Shift loading means
a payment for working shifts other than day shift, as specified in subclause
24.3, to compensate for the inconvenience of hours worked.
Shift work means a
pattern of work in which the ordinary hours may be performed outside standard
hours, as per subclause 24.2.
Special Aquatic
Event means a unique aquatic event that is not regularly included in the annual
event calendar and occurs outside of the events currently supported by on-water
Employees. For example, Sydney Harbour Fleet Review was deemed to be a Special
Aquatic Event.
Specialist Engineer
means a Professional Engineer who has additional qualifications or skills as
determined by the process defined in Clause 52.
Specific Provisions
means those provisions contained in Part B of this Award and which apply to the
relevant specified classifications.
Sunday means the
period between 12 midnight Saturday and 12 midnight Sunday.
Temporary Employee means
an Employee employed for a specific period of time or
project as prescribed in subclause 13.6.
Temporary work
location means the place where Employees temporarily perform their ordinary
work if required to work away from their headquarters.
Time Credit means
the amount of time worked in a settlement period that exceeds the ordinary
hours of work, under a flexitime arrangement.
TL ES means Team
Leader Environmental Services.
Trainee means an
Employee engaged under a recognised traineeship.
Traineeship means a
structured training program, lasting up to 24 months that combines practical
experience at work and training with a Registered Training Organisation (RTO).
Transport Service
means the Transport Service of New South Wales established by the Transport Administration Act 1988 (NSW).
Union means an
organisation of Employees registered under the Industrial Relations Act 1996 (NSW).
Weekly Rate means
the calculation arrived at by dividing the annual salary by 52.17857.
2. Title
This Award shall be known as the Roads and Maritime Services
Consolidated Salaried Award 2019.
3. Area, Incidence and
Duration
3.1 This Award Shall
Apply to:
(a) the Employer;
and
(b) Employees employed
in the classifications covered by this Award.
3.2 Parties to this
Award are:
(a) the Employer;
(b) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales (PSA);
(c) the Association
of Professional Engineers, Scientists and Managers, Australia (NSW Branch))
(APESMA) (also referred to as Professionals Australia);
(d) the Australian
Services Union of NSW (ASU);
(e) Australian
Maritime Officers’ Union of New South Wales (AMOU);
(f) Australian
Institute of Marine and Power Engineers New South Wales District (AIMPE); and
(g) the Seamens’ Union of Australia, New South Wales Branch (MUA).
3.3 This Award
rescinds and replaces the Roads and Maritime Services Consolidated Salaried
Award 2017 published 22 May 2020 (388 I.G. 441).
This Award comes into effect on 1 July 2019 and will
remain in force until 30 June 2022.
Any specific provisions contained in Part B of this
Award shall take precedence to the extent of any inconsistency over the general
provisions contained in Part A of this Award.
This Award remains in force until varied or rescinded,
the period for which it was made already having expired.
4. No Extra Claims
4.1 Until 30 June 2024,
there will be no extra wage claims, claims for improved conditions of
employment or demands made with respect to the Employees covered by the Award
by a party to this Award and, further, that no proceedings, claims or demands
concerning wages or conditions of employment with respect to those Employees
will be instituted before the IRC, by a party to this Award.
4.2 Notwithstanding
subclause 4.1, the parties to this Award commit to further discussions, in good
faith, on claims made during the bargaining of this Award. Subclause 4.1 will
not prevent the parties from having these discussions.
4.3 The parties to this Award
acknowledge that the intention of subclause 4.2 is to facilitate discussions
until 30 June 2024.
4.4 The
date of subclause 4.1 does not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement of Award provisions.
4.5 Variations made
with the agreement of the parties are not prohibited by this clause.
5. Dispute Settlement Procedure
5.1 The purpose of
this procedure is to ensure that disputes are resolved as quickly and as close
to the source of the issue as possible. This procedure requires that there is a
resolution to disputes and that while the procedure is being followed, work
continues normally.
5.2 Subject to
Clause 4.1, this procedure shall apply to any Dispute that arises about the
following:
(a) matters pertaining to the relationship
between the Employer and Employees;
(b) matters pertaining to the relationship between
the Employer and the union parties to this award which pertain to the Award
and/or the relationship between the Employer and Employees; or
(c) the operation and application of this
Award.
5.3 Any Dispute
shall be resolved according to the following steps:
STEP 1: Where a
Dispute arises it shall be raised in the first
instance in writing by the Employee(s) or their Union delegate directly with
the Employer. The Employer shall provide a written response to the Employee(s)
or their Union delegate concerning the dispute within 48 hours of receipt of
the Dispute notification advising them of the action being taken. The status
quo before the emergence of the dispute shall continue whilst the DSP is being
followed. For this purpose, "status quo" means the work procedures
and practices in place immediately prior to the change that gave rise to the
dispute.
STEP 2: If the Dispute
remains unresolved, or if the Dispute involves matters other than local issues,
the Director Industrial and Workforce Relations or their nominee, a divisional
management representative and the Employee(s) and/or the Employee(s)
representative, Union delegate or official shall confer and take appropriate
action to arrive at a settlement of the matters in dispute within 72 hours of
the completion of Step 1 or the Director Industrial and Workforce Relations
being notified of a dispute involving other than local issues.
STEP 3: If the
Dispute remains unresolved, each party to the Dispute shall advise in writing
of their respective positions and negotiations about the dispute will be held
between the Employee representative(s) or Union official, the Secretary or
their nominee who will meet and conclude their discussions within 48 hours.
STEP 4: If the
Dispute remains unresolved any party may refer the matter to the IRC for
conciliation. If conciliation does not resolve the Dispute the matter shall be arbitrated
by the IRC.
5.4 By mutual
agreement confirmed in writing, Step 3 outlined above may be avoided, and the
parties to the dispute may seek the assistance of the IRC in the terms outlined
at Step 4.
5.5 The referral of
the Dispute to the IRC must take place within 72 hours of completing Step 3. A
copy of the notification must be forwarded to all relevant parties to the
Dispute. Any Dispute that is not so referred will be deemed to be no longer a
matter in dispute.
5.6 The parties to
the Dispute may extend the timeframe of Steps 2 - 4 by agreement. Such
agreement shall be confirmed in writing.
5.7 All timeframes
above are exclusive of weekends and public holidays.
5.8 The Employer can
raise a Dispute using the same process as in 5.3 but reversing the roles of the
Employee or Union and the Employer in the process.
5.9 Safety Issues
Matters which are based on a reasonable concern by an
Employee about an imminent risk to an Employee’s health or safety shall be
excluded from the DSP. Where a matter is raised involving such an issue, the
Employee shall agree to comply with a direction by the Employer to perform
other available work which is safe and reasonable and within their skills and
competence with no reduction in the rostered rate of pay of the Employee while
the alternative work is being performed.
6. Grievance Procedure
6.1 A grievance is a
personal concern about work or the work environment for which Employees seek
hearing or resolution.
6.2 A grievance may, for example, relate to:
(a) allocation of
work or development opportunities,
(b) a perceived
denial of an entitlement, or
(c) suspected
discrimination or harassment.
6.3 The RMS Group’s Grievance
Management Procedure, as amended by the Employer from time to time, is to be
followed when a grievance arises. The Procedure as at
20 August 2021 is at Appendix B of this Award.
6.4 While the
Grievance Management Procedure is being followed, normal work is to continue.
7. Consultation and
Significant Workplace Change
7.1 There shall be
effective means of consultation on matters of interest and concern, both formal
and informal, at all levels of the organisation, between the parties to this Award
and Employees. This includes but is not
limited to, monthly Peak Consultative Committee meetings unless varied by
agreement.
7.2 The Employer is
committed to consultation on workplace policies and such policies will continue
to have effect until such time as the Employer amends, replaces or rescinds
policy.
7.3 The Consultative Committee will also
consider strategic workforce planning and implementation issues. Relevant
information will be provided to the Unions to facilitate these discussions such
as:
(a) Divisional
organisation structures;
(b) Establishment
details showing position by classification by Division, grade and location;
(c) Available
breakdown figures for full time, part time, casual and temporary employees, as
well as numbers, usage and length of hire of
contractors and labour hire.
(d) Other relevant
information concerning the Employer’s use of contractors, supplementary labour,
and project work.
7.4 The Employer is
committed to implementing change in accordance with the NSW Public Service
Agency Change Management Guidelines to improve the process of assisting
employees when impacted by reform. When
developing a plan for change, the Employer will address the impact on affected
employees in accordance with the above Guidelines and clause 0.
7.5 Employer to Notify
(a) Where
the Employer intends to introduce changes in production, program, organisation,
structure or technology that are likely to have
significant effects on Employees, the Employer undertakes to notify the
employees who may be affected by the proposed changes and the relevant Branch
or State Secretary of the Union(s).
(b) Without limiting
the generality thereof, significant effects includes termination of employment,
changes in the composition, operation or size of the workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or relocation or transfer of employees to other work or locations,
the restructuring of jobs, changes to the working arrangements of Employees,
changes to employment conditions (for example, due to legislative or regulatory
change), the use of contractors to perform work normally performed by employees
covered by this Award and the legal or operational structure of the business.
7.6 Employer to
Consult
(a) The Employer
undertakes to discuss with the Employees affected and the Union(s) in good
faith the introduction of any change referred to in subclause 0,
the effects the changes are likely to have on Employees, measures to avert or
mitigate any adverse effects of such changes on Employees and to give prompt
consideration to matters raised by the Employees and/or the Union in relation
to the changes.
(b) The discussion
shall commence as early as practicable and before the Employer has made a final
decision to adopt and implement any changes referred to in subclause 7.5. For
the purposes of such discussion, the Employer undertakes to provide in writing
to the Employees concerned and the Union, appropriate relevant information
about such changes including the nature of the proposed changes, what they are
intended to achieve and the expected effects of the changes on Employees.
(c) The Employees
will be given an opportunity and sufficient time in which to provide input to
the Employer and discuss the proposed change and any measures proposed to avoid
or otherwise minimise any possible adverse impact on affected Employees.
(d) The Employer
will genuinely consider and respond in writing to any feedback provided by
Employees and the Employer Representatives.
(e) The Employer
will consult with Employees and Employee representatives and other parties to
this award prior to the introduction of any technological change that impacts
on work arrangements of Employees.
(f) Where, subject
to the provisions of this Clause, the Employer makes a final decision to
implement change in the workplace and the Union disagrees with that decision,
subject to there being no stoppage of work as a result of the decision of the
Employer, the Union may refer the matter in dispute to the NSW Industrial
Relations Commission for conciliation and/or arbitration in accordance with the
DSP in clause of this Award.
8. Trade Union
Activities
8.1 The Employer
acknowledges that Union delegates represent and speak on behalf of members in
the workplace and that their representation rights in relation to matters that
pertain to the employment relationship are integral to the proper operation of
the DSP contained at clause 5 of this Award.
8.2 The Employer
acknowledges the requirements under section 210 of the Industrial Relations Act 1996
(NSW) in relation to the role of
Union delegates.
8.3 Accordingly the
Employer will allow Union delegates reasonable time during the delegate’s
working hours to perform the duties listed below, and such time will be
regarded as being on duty:
(a) represent
members in bargaining;
(b) represent the
interests of members to the Employer;
(c) address new
Employees about the benefits of union membership at the time that they enter employment;
(d) consult with
union members and other Employees for whom the delegate is a representative;
and
(e) place union
information on a union noticeboard in a readily accessible and visible
location.
8.4 Union delegates
will be provided with reasonable access to relevant information and reasonable
preparation time before meetings with the Employer or disciplinary or grievance
meetings where a union member requires the presence of a union delegate, where
operational requirements allow the taking of such time.
8.5 Where a
workplace meeting is called with the Employer, including meetings under the
DSP, Union delegates that attend will be paid by the Employer any travel and/or
accommodation costs necessarily and reasonably incurred.
8.6 Union delegates
must give reasonable notice to the Employer of the requirement to attend a
meeting arising as a result of the operation of the
DSP. Unless not otherwise possible a Union delegate should not interrupt Employees who are undertaking their work duties.
8.7 Special leave
with pay will be granted for the following activities undertaken by a Union
delegate as specified below:
(a) annual or
biennial conferences of their own Union, Unions NSW or the Australian Council
of Trade Unions (ACTU);
(b) attendance at
meetings called by Unions NSW involving the Unions which requires attendance of
a delegate;
(c) attendance at
their Unions National Executive, State Executive, Divisional Committee of Management
(or equivalent), National Council or State Council;
(d) giving evidence
before an Industrial Tribunal or in another jurisdiction in proceedings as a
witness for the Union, briefing counsel, appearing as an advocate on behalf of
a Union or assisting Union officials with preparation of cases; and
(e) attendance at
meetings as a member of a vocational or industry committee.
8.8 Employees who
are members of a Union will be granted Special Leave with pay up to 12 working
days in any period of 2 years to attend training courses endorsed by their
Union, Unions NSW or the ACTU, subject to:
(a) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of a relief Employee;
(b) all travelling
expenses being met by the Employee or the Union;
(c) attendance
being confirmed in writing by the Union or a nominated training provider.
8.9 The Employer must
be notified in writing by the Union or, where appropriate, by the Union
delegate as soon as the date and/or time of the meeting, conference, training or other accredited activity referred to above is
known.
8.10 Any payment to an
Employee as a result of performing duties or taking
leave in accordance with this clause will be paid at ordinary time rates.
8.11 If a delegate
undertakes duties in accordance with this clause while on leave, the Employer
will credit the time for the attendance following the production by the
delegate of satisfactory evidence of attendance.
8.12 Union Delegates’
access to the Employer’s facilities
(a) The Employer
will allow reasonable access to telephone, computers and accessories, meeting
rooms, facsimile, postal, photocopying, e-mail and
intranet/internet facilities for the purpose of carrying out work as a Union
delegate and consulting/meeting with workplace colleagues in accordance with
this provision.
(b) The Employer
shall provide a notice board for the display of authorised material in each
workplace in a readily accessible and visible location.
(c) Online union
notice board:
(i) The
Employer will provide a dedicated page for unions party to this Award on its
intranet site in a readily available location.
(ii) Unions can use
this page to provide links to their own websites to enable employees to access
union information. Unions will provide the relevant information for the page to
the Employer.
(iii) Unions will
provide the hyperlinks to the Employer
8.13 Employees on loan
to Unions - Subject to the operational requirements of the workplace, on loan
arrangements will apply as follows:
(a) Employees
loaned to a Union party to this Award on a temporary basis may perform work at
the Union when it makes application to the Employer because:
(i) it
needs the Employee’s services, or
(ii) the Employee is
a member of the Executive or Council of the Union and is required by the Union
to undertake a country tour.
(b) When proceeding to
work at the Union, Employees must complete a leave form in the usual manner
which shows the reason for absence as "On loan to the relevant union."
(c) When performing
work for the Union, the following applies:
(i) the
period of the loan counts for service in respect of all entitlements,
(ii) the Employee
remains on the Employers’ payroll,
(iii) the Employer
will seek reimbursement from the Union at regular intervals of all salary and
associated on costs, including superannuation. The Union is required to meet
such costs as specified by NSW Treasury from time to time,
(iv) if the Employee
wishes to apply for leave whilst at the Union they
should make application for leave to the Employer in the usual manner.
8.14 Inductions
- union information sessions
(a) The Employer will hold induction sessions
for new employees in sessions that may be online or in-person.
(b) Within induction sessions, the Employer
will include a union information session of up to 30 minutes during which the
union parties to this Award can attend and present information to the
inductees.
(c) If the induction session is online, the
Employer will assist the attending unions by distributing union material
electronically.
(d) If more than one union attends the union
information session, those unions will determine how the union information
session time will be divided between the unions.
(e) The Employer will invite unions to each
union information session with sufficient time for the unions to arrange
attendance. Attending unions must confirm whether they will attend before the induction
(f) If requested, the Employer will release one
union delegate per union from duty to attend for the duration of the union
information sessions.
9. Work Environment
9.1 Workplace Health
and Safety - The parties to this Award are committed to achieving and
maintaining accident-free and healthy workplaces through:
(a) the development
of policies and guidelines on Workplace Health, Safety and Rehabilitation;
(b) assisting to
achieve the objectives of the Work Health and Safety Act 2011 (NSW) and
the Work Health and Safety consultative arrangements in the workplace; to
identify and implement safe systems of work, safe work practices, working
environments and appropriate risk management strategies; and to determine the
level of responsibility to achieve these objectives;
(c) identifying
training strategies for Employees, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;
(d) developing
strategies to assist the rehabilitation of injured Employees.
9.2 The Employer
will allow Employees elected as committee members and Health and Safety
Representatives (HSR), reasonable time during working hours to attend meetings
of the workplace’s Workplace Health and Safety Committee and participate in all
official activities relating to the functions and responsibilities of a
Workplace Health and Safety Committee Member and or HSRs.
9.3 Equality of
Employment and Elimination of Discrimination - The parties to this Award are
committed to providing a work environment which promotes the achievement of
equity, access and elimination of discrimination in
employment.
9.4 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital or domestic status,
physical or mental disability, sexuality, transgender identity, age or responsibilities as a carer is unlawful in terms of
the Anti-Discrimination Act 1977 (NSW). The Employer and Employees are required to refrain from, or be
party to, any form of harassment in the workplace.
10.
Anti-Discrimination
10.1 It is the intention
of the Employer to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital or domestic status, disability, homosexuality,
transgender identity, age and responsibilities as a carer and any other ground
provided for in the Anti-Discrimination
Act 1977 (NSW) or
applicable Commonwealth anti-discrimination legislation.
10.2 It follows that
in fulfilling their obligations under clause 5 DSP of 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.
10.3 Under the Anti- Discrimination Act 1977 (NSW), it is unlawful to
victimise an Employee because the Employee has made or may make or has been
involved in a complaint of unlawful discrimination or harassment.
10.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977 (NSW);
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
10.5 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.
NOTES
10.5.1 Employers and
Employees may also be subject to Commonwealth anti-discrimination legislation.
10.5.2 "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."
11. Diversity
11.1 The Employer is
committed to building a culture that plans for and encourages diversity. The
Employer recognises that a diverse workforce benefits our Employees and
customers.
11.2 To this end, the
parties will work together during the life of the Award on proposals for
promoting, developing and retaining a diverse
workforce, including:
(a) programs aimed
at professional development and leadership development; and
(b) promoting flexible
working arrangements amongst staff and managers - including part time and job sharing arrangements - that support personal
and professional needs, subject to the ability of the Employer to meet customer
service, operational and business requirements.
11.3 The Employer will
report on the progress of Diversity and Inclusion initiatives for employees
covered by this award. This information is to be provided at the PCC.
11.4 The Employer will
ensure that Workplace Change, as defined by clause 7.5(a), will not
disadvantage diversity groups.
12. Negotiation of
Next Award
12.1 Subject to
subclause 4.2 the parties agree to begin negotiations for the next Award no
later than six months prior to the nominal expiry date of this Award.
SECTION 2 - TERMS OF
EMPLOYMENT AND RELATED MATTERS
13. Forms of
Employment
13.1 The Employer will
use direct permanent employment as the preferred and predominant staffing
option.
13.2 Basis of
Employment
Employees are employed on either a full-time,
part-time, casual or temporary employment basis.
13.3 Full-Time
A Full-Time Employee is an Employee employed to work
the relevant full-time hours.
13.4 Part-Time
(a) A Part-Time
Employee shall be engaged to work fewer contracted ordinary hours than the
ordinary hours of a Full-Time Employee in the same classification. Part-time
Professional Engineers must work a minimum of 3 hours per day.
(b) Part-Time work may
be undertaken with the agreement of the Employer. The terms of the agreement
must be in writing and specify the pattern of contract hours to be worked and
may only be varied with the consent of both parties.
(c) Part-Time
Employees shall be paid at the same hourly rate as a Full-Time Employee in the
same classification, including any relevant expenses and/or allowances as
prescribed in this Award.
(d) Part-Time
Employees receive entitlements on a pro rata basis calculated according to the
number of hours an Employee works in a part-time position or under a part-time
arrangement. Entitlements to paid leave will accrue on the equivalent hourly
basis.
(e) Subject to any
specific provisions, the Employer may request, but not require, a Part-Time
Employee to work additional hours or overtime in excess of
their contract hours.
(f) Subject to
subclause 13.4(h), Salaried Employees and Professional Engineers who work on a
Part-Time basis who work in excess of their usual
daily hours may elect to:
(i) be
paid at the ordinary rate of pay plus a loading of 1/12th for such additional
hours in lieu of accrual of annual leave (5/47th loading for Employees entitled
to 5 weeks annual leave) up to a maximum which is equal to the daily hours of
Full-Time Employees in the relevant classification; or
(ii) have the
additional hours counted for the accrual of annual and sick leave.
(g) Subject to
subclause 13.4(h), Maritime Employees who are part-time and work additional
hours shall, subject to the specific provisions in this Award, be paid at the
ordinary rate of pay for such hours and such time shall count for the purposes
of annual leave accruals.
(h) Part-Time
Employees who work overtime, that is hours where an equivalent Full-Time
Employee is entitled to overtime payments, shall be entitled to the same rate
of overtime pay and conditions of overtime as those of their Full-Time
equivalent.
(i) Part-Time
Employees may work, with approval of the Employer, under a flexitime
arrangement as set out at subclause 23.2. Any work performed within the normal
bandwidth is paid at the ordinary rate and any hours worked outside the
bandwidth is paid at the applicable overtime rate which is applicable to full
time Employees in the relevant classification. The provisions of clause 25.2(c)
also apply.
13.5 Casual Employment
(a) Employees may
be employed on a casual basis:
(i) to
carry out work that is irregular or intermittent, or
(ii) to carry out
work on a short-term basis, or
(iii) to carry out
urgent work or to deal with an emergency, and
(iv) must possess the
qualifications required of a permanent Employee in the same classification.
(b) Casual Employees
are employed on an hourly basis for a minimum of three hours per engagement.
(c) Casual
Employees who work less than three hours per engagement are paid for three
hours.
(d) Casual Employees
are paid at the ordinary hourly rate applicable to the first year of the base
grade of their classification.
(e) Casual
Employees shall be paid a loading on the appropriate ordinary hourly rate of
pay of 17% in recognition of the casual nature of the employment and compensate
the Employee for all leave, other than annual leave and extended leave, and all
incidences of employment, except overtime and penalty rates.
(f) Casual
Employees shall also receive a 1/12th loading in lieu of annual leave.
(g) Casual Employees
will be entitled to overtime payments when they are required to work hours that
would normally attract overtime payments for full-time Employees in accordance
with clause 25, Overtime or, for Maritime Employees, clause 67, Overtime.
Casual Employees are similarly entitled to attract Shift Work penalty in accordance
with clause 24, Shift Work and allowances (except for Transfer Allowances) as
set out in clause 21, Allowances.
(h) The following
provisions do not apply to Casual Employees (unless specified otherwise):
(i) Clause
14 (Probationary Period);
(ii) Clause 16
(Notice of Termination of Employment);
(iii) Subclause 21.5
(Transfer Allowances);
(iv) Section Five
(Leave and Public Holidays);
13.6 Temporary Employment
(a) A Temporary Employee
shall be entitled to the same salary and conditions as permanent Employees in
the same classification.
(b) Temporary
Employees are not entitled to redundancy payments.
(c) Subject to
subclause (d) an engagement of a Temporary Employee may be for a fixed period
of not more than 24 months, for a specific project, or for parental leave
relief of not more than 24 months, on either a full-time or part-time basis.
(d) Where a
Temporary Employee is engaged for a fixed period of more than 24 months the Employee
will be made permanent.
13.7 Trainees
Employees who are undergoing a recognised Traineeship
shall be paid according to the Crown Employees (Public Service Training Wage)
Reviewed Award 2008, as amended from time to time.
14. Probationary Period
14.1 Subject to
subclauses 14.2 all new Employees, other than Employees who immediately prior
to their employment with the Employer were employed in the NSW Public Sector,
will be subject to a probationary period of 3 calendar months, unless they are employed
in a position which, due to the nature of the work or compulsory training, has
a probationary period of six months.
14.2 Engineering
Cadets and COIs are subject to a probation period of 12 months.
14.3 Prior to the
conclusion of the probationary period, the Employer may either:
(a) confirm appointment;
(b) extend the
probationary period once up to a maximum of 3 months; or
(c) annul the
probationary appointment.
15. Secure Employment
15.1 Objective of this
Clause
The objective of this clause is for the Employer to
take all reasonable steps to provide its Employees with secure employment by
maximising the number of permanent positions in the Employer’s workforce, in particular by ensuring that Casual Employees have an
opportunity to elect to become Full-Time or Part-Time Employees.
15.2 Casual Conversion
(a) A Casual
Employee engaged by the Employer on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(b) The Employer of such a Casual Employee
shall give the Employee notice in writing of the provisions of this subclause
within four weeks of the Employee having attained such period of six months.
However, the Employee retains his or her right of election under this subclause
if the Employer fails to comply with this notice requirement.
(c) Any Casual
Employee who has a right to elect under subclause (b), upon receiving notice
under subclause (b) or after the expiry of the time for giving such notice, may
give four weeks’ notice in writing to the Employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
Employee, the Employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where the Employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the Employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the DSP.
(d) Any Casual
Employee who does not, within four weeks of receiving written notice from the
Employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a Casual
Employee has elected to become and been converted to a Full-Time Employee or a
Part-Time Employee, the Employee may only revert to casual employment by
written agreement with the Employer.
(f) If a Casual Employee has elected to have
his or her contract of employment converted to full-time or part-time
employment in accordance with subclause (b), the Employer and Employee shall,
in accordance with this subclause, and subject to subclause (b), discuss and
agree upon:
(i) whether
the Employee will convert to full-time or part-time employment; and
(ii) if it is agreed
that the Employee will become a part-time Employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this Award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an Employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
Employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
Employer and the Employee.
(g) Following an
agreement being reached pursuant to subclause (f), the Employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an Employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the DSP.
(h) An Employee must
not be engaged and re-engaged, dismissed or replaced
in order to avoid any obligation under this subclause.
15.3 Work Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another Employer for the purpose of such staff performing work or
services for that other Employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another Employer
to provide a specified service or services or to produce a specific outcome or
result for that other Employer which might otherwise have been carried out by
that other Employer’s own Employees.
(b) If the Employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the Employer’s premises the Employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(i) consult
with Employees of the labour hire business and/or contract business regarding
the work health and safety consultative arrangements;
(ii) provide
Employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such Employees to perform their jobs safely;
(iii) provide
Employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own Employees; and
(iv) ensure Employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this
subclause 15.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 (NSW) or the Workplace Injury Management and Workers
Compensation Act 1998 (NSW).
15.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the DSP of this Award.
15.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the
Apprenticeship and Traineeship Act 2001
(NSW) (or equivalent
interstate legislation) and are deemed by the relevant State Training Agency to
comply with the national standards for Group Training Organisations established
by the ANTA Ministerial Council.
15.6 Contractors and
Labour Hire
(a) Consistent with
subclauses 15.1 and 13.1 of this Award, the Employer acknowledges the
importance of security of employment and will use direct permanent employment
as the preferred and predominant staffing option for the Employer.
(b) The Employer
recognises that the use of contractors and labour hire may affect the job
security and capability development opportunities of Employees covered by this
Award.
(c) In considering whether
to engage contractors or labour hire employees, the Employer will consider and
seek to utilise any existing Employees within the organisation who are suitable
and/or available to carry out the work and/or there is a pressing need to meet
business requirements.
(d) On being advised
or otherwise becoming aware that a contractor, sub-contractor
or labour hire company is not paying modern award or other relevant industrial
instrument rates, providing modern award or other relevant industrial
instrument conditions or complying with any other statutory provisions, the
Employer will take the necessary action to ensure that the situation is
immediately rectified. Should the contractor, sub-contractor or labour hire
company continue to breach the provision then the Employer will ensure that
appropriate action including termination of contract is implemented, if
appropriate.
15.7 Transmission of
Business
(a) In the event
that the Employer has reached a decision to transfer or outsource part of the
business, the Employer will consult in accordance with clauses 7 and 15.8
(where appropriate) of this Award.
Consultation will commence as soon as practicable after the Employer has
reached its decision.
(b) The Employer
will comply with the relevant and applicable legislative provisions in respect
of any proposed transmission of business.
15.8 Contracting
Out Work
(a) Application and
definition
For the purpose of this
subclause, the term "contract out work" means reallocating the whole
of the work performed currently and exclusively by a group of Employees covered
by this Award to be performed by another source pursuant to a contract. To be
clear, this clause does not apply to a group of Employees where only part of
the work they currently and exclusively perform is contracted out.
(b) Considering
Proposal to Contract Out Work
Where the Employer determines it intends to pursue a
proposal to contract out work, subject to Government Approval, relevant unions
and affected Employees will be notified. Sufficient time will be provided to
relevant unions and affected Employees to discuss the Employer’s intention to
pursue a proposal to contract out work.
(c) Decision to
Contract Out Work
(i) Once
the Employer has finalised a proposal and has made a decision to contract out
work, the Employer agrees to provide written information to relevant unions and
affected Employees about the decision, and expected
impact on Employees to contract out work. This does not require the disclosure
of confidential or commercial in confidence information.
(ii) Prior to
implementation of a proposal to contract out work, the Employer will commence
discussions with relevant unions and affected Employees about the contracting
out process and arrangements for affected Employees.
(d) Subject to
reasonable notice and operational requirements, the Employer agrees to allow
the unions reasonable opportunities during working hours to communicate with
their members during the process outlined in subclause 15.8(b) above.
(e) DSP
Any issues or matters in dispute should be dealt with
under the DSP in clause 5 of this Award.
16. Notice of
Termination of Employment
16.1 Unless the
Employee is terminated by the Employer for serious misconduct, the Employer
will not terminate an Employee's employment unless the Employee has been given
the period of notice required by this clause.
16.2 The required
period of notice by the Employer will be:
|
Employee's
Continuous Service with the Employer
|
Period of Notice
|
|
Not more than 1 year
|
1 week
|
|
More than 1 year and up to but no more than 3 years
|
2 weeks
|
|
More than 3 years but no more than 5 years
|
3 weeks
|
|
More than 5 years
|
4 weeks
|
16.3 Employees over 45
years of age who have more than 2 years of continuous service will be provided
with an additional one (1) weeks’ notice.
16.4 The Employer may
require the Employee to work for all or part of the notice period, with any
remainder of the notice period to be paid out.
16.5 Employees may
terminate their employment by giving notice in writing in accordance with the
table in subclause 16.2 above, or by forfeiting salary in lieu of notice.
16.6 Where the
Employer has given notice of termination to an Employee, the Employee will be
allowed up to one day’s time off without loss of pay for the purpose of seeking
other employment. The time off is to be taken at times that are convenient to
the Employee after consultation with the Employer.
16.7 Upon termination
of employment an Employee must return any of the Employer’s property including
equipment, manuals, telephones, radios, security keys, uniforms, and
identification in their possession or control.
16.8 Nothing in this
clause shall affect the ability of the Employer to terminate the employment of
an Employee at any time, without notice, for serious misconduct.
17.
Abandonment of Employment
17.1 If an Employee is absent for a period of 5
consecutive working days without authorisation, the Employer (before terminating)
will write to the Employee, via registered post or courier (with delivery
confirmation receipt) to the Employee’s last known address, advising that the
Employer is considering termination unless the Employee provides a satisfactory
explanation within 7 calendar days.
17.2 If the Employee
does not respond to the letter or resume duty within the specified 7 calendar
days, a further letter will be sent by registered mail or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
the Employee that their services have been terminated due to abandonment of
employment.
17.3 The Employer will
make reasonable enquiries to ensure Employees are not suffering physical and/or
mental health issues in accordance with the RMS Group Separation from
Employment Procedure.
SECTION 3 - SALARIES,
ALLOWANCES AND RELATED MATTERS
18.
Classifications and Rates of Pay
18.1 Employees, other than Professional Engineers
and Maritime Employees, are employed in the classifications set out in Part 1
of Schedule A.
18.2 Professional Engineers are employed in the
classifications set out in Part 2 of Schedule A.
18.3 Maritime Employees are employed in the
classifications set out in Part 3 of Schedule A.
18.4 Employees, other than Trainees, will be paid
in accordance with this clause and the rates of pay set out in Schedule A.
18.5 Employees will be paid applicable allowances
and expenses in accordance with clause 21 and Schedule B of this Award.
18.6 Salary and
allowance adjustments provided for in this Award are as follows:
(a) salaries
will increase by:
(i) 2.5%
from the first pay period commencing on or after 1 July 2019;
2.5% from the first pay period commencing on or after 1
July 2020;
2.04% from the first pay period to commence on or after
1 July 2021;
(ii) 2.53% from the first
pay period to commence on or after 1 July 2022.
(iii) 4.0%
from the first pay period to commence on or after 1 July 2023.
(b) allowance items
13, 19(a), 26 and 27 will be increased in accordance with sub-clause (a),
rounded to the nearest dollar; allowance item 19(b) will be increased in
accordance with sub-clause 18.6(a), rounded to the nearest cent.
(c) allowance items
1-6, 11-12, 15-18, 20, 24 and 25 will be increased in accordance with
variations made via Department of Premier and Cabinet Circular and Schedule B
amended as required.
(d) allowance items
7-10 and 14 will be increased in accordance with the Crown Employees
(Transferred Employees Compensation) Award.
(e) allowance items
21 and 22 will be adjusted annually on 1 July, in accordance with the CPI (all
groups Sydney Index) for the preceding 1 April to 31 March period.
(f) allowance item
23 will be adjusted annually on 1 July, as determined by the Employer.
18.7 Increments
(a) Subject to
subclauses (i) to (iii) below, where an Employee,
other than a Maritime Employee, has completed 12 months service at a level
within a classification, the Employee will progress one level within the
Employee's classification.
(i) Employees
are not entitled to progress to an increment if their conduct, work performance
or attendance is unsatisfactory or if the Employee is subject to disciplinary
proceedings or formal management for unsatisfactory performance or conduct.
(ii) Periods of
leave without pay in excess of five days in any one year
period will not count as service for incremental purposes.
(iii) Regular Casual
Employees are entitled to an increment where they have worked the equivalent of
12 months worked by a full time Employee in the same position.
18.8 Salary Packaging
(a) For the
purposes of this clause "salary" means the salary or rates of pay
prescribed by Schedule A of this Award and/or any salary payable under an
agreement made under s68D(2) of the TA Act and any allowances paid to an
Employee which form part of the Employee’s salary for superannuation purposes.
(b) An Employee may,
by agreement with the Employer, enter into a salary
packaging arrangement including salary sacrifice to superannuation where they
may convert up to 100% of their salary to other benefits.
(c) Any pre-tax and
post-tax payroll deductions must be taken into account
prior to determining the amount of salary available to be packaged. Such
payroll deductions may include but are not limited to, compulsory
superannuation payments, HELP payments, child support payments, judgment
debtor/garnishee orders, union fees, health fund premiums.
(d) The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the Employee and Employer, will be provided in a separate written
agreement, in accordance with the Employer’s salary packaging guidelines
administered by specialist salary package company Maxxia
on behalf of Transport Shared Services. Such agreement must be made prior to
the period of service to which the earnings relate.
(e) Salary
packaging must be cost neutral for the Employer. Employees must reimburse the
Employer in full for the amount of:
(i) any
fringe benefits tax liability arising from a salary packaging arrangement; and
(ii) any
administrative fees.
(f) Where the
Employee makes an election to salary package the following payments made by the
Employer in relation to an Employee shall be calculated by reference to the
annual salary which the Employee would have been entitled to receive but for
the salary packaging arrangement:
(i) Superannuation
Guarantee Contributions;
(ii) any
salary-related payment including but not limited to severance payments, allowances and workers compensation payments; and
(iii) payments made
in relation to accrued leave paid on termination of the Employee’s employment
or on the death of the Employee.
(g) Novated leases
for 100% private use of motor vehicles are available under salary packaging.
18.9 Appeals in
Respect of Salary Grade or Classification
(a) Employees have
the right to apply to the Employer for a salary increase, where applicable, or
for an alteration in the grade or classification to which they are appointed.
(b) If an Employee
is dissatisfied with a decision or determination of the Employer in respect of:
(i) the
salary, grade or classification; or
(ii) any other
matter of the nature referred to in Part 7 of the Industrial Relations Act 1996 (NSW),
the Employee may forward a notice of appeal to the
Employer within 30 days of being advised of such a decision or determination if
they do not exercise their right before the IRC. The Employer will hear and
determine the appeal and will allow the Employee, if so desired, to attend and
to present a case personally or through a representative.
(c) Nothing in this
clause shall preclude the reference of matters to the IRC.
18.10 Professional
Engineers and Maritime Employees will be paid fortnightly.
18.11 Union Deductions
(a) Where directed
in writing by an Employee, the Employer will deduct a payment due from the
Employee to a Union party from an Employee's salary
and remit it to the nominated Union in a timely manner, at no cost to the
Employee or the Union, but subject to the Union being able to accept an
electronic funds transfer. A deduction will be detailed on the Employee's pay
slip.
19. Higher Duties
19.1 Subject to
subclause 19.2 and 19.4, where in any one period of relief an Employee is
required to relieve in a higher graded position for five working days or more
and is instructed to perform the whole of the duties of this position, they
shall be paid for the full period of relief the minimum salary of the higher
graded position.
19.2 Maritime
Employees who undertake higher duties in an A, B or AA position must:
(a) undertake the
duties for 4 weeks or more;
(b) meet the
ordinary hours of work requirement (i.e. 161 hours in
the 4 week cycle); and
(c) meet all other
requirements of the position,
in order to
be eligible for the annualised salary of the A, B or AA position. Where these
requirements are not met, the Employee is to be paid the Maritime Level rate
only for the position.
19.3 Where in any one
period of relief an Employee relieves in a higher graded position for five
working days or more and does not perform the whole of the duties of such
Employee in the higher graded position, they shall be paid an allowance as may
be determined by the Employer and prior to entering on relief shall be advised
of the allowance to be paid and the basis for its assessment, provided that:
(a) should the
period of relief be in excess of 12 months the relieving Employee shall be
entitled to be paid the salary that would be payable under this Award to a
person appointed to that position on the day the relieving Employee commenced
relieving duties in that position; or such proportion thereof as may be
determined by the Employer;
(b) except in an
emergency, prior approval to payment of a higher duties allowance is to be obtained;
and
(c) an Employee
relieving another in a lower graded position shall not suffer any reduction in
salary.
19.4 A higher duties
allowance is paid when an Employee is directed to relieve in a higher graded
position for one or more working days in the following occupational categories:
(a) Customer
Services Branch Employees working in Registries, including a maximum four hours relief when working on Saturday shifts;
(b) Maritime
Employees classified as Team Leader Environmental Services, Executive Assistant
to the Director Maritime, Management positions at Maritime Level 17, and
Employees holding Master 5 qualifications and required by the Employer to use
these qualifications/skills in the absence of the incumbent.
19.5 Higher Duties -
Part-Time Arrangements
(a) Employees
relieving in a higher graded position whose position holder is either a
Part-Time Employee or has taken a period of leave on a part-time basis, are
paid the higher duties allowance when having worked the equivalent of five
complete working days in the higher graded position.
(b) Part-Time
Employees relieving in a higher graded position for the part time equivalent of
five complete working days are paid the higher duties allowance on a pro-rata
basis, based on the number of hours worked.
19.6 Incremental
Progression by Allowances:
(a) Where a very
lengthy period of acting in the one higher graded position is unavoidable, the
Employee concerned may progress by way of allowance to the next incremental
step, provided that a 100 per cent allowance has been paid continuously for a
period of 12 months.
(b) Where the
allowance has been discontinued during a period of leave, the increment should
be delayed accordingly.
(c) Where there are
broken periods of relief in the higher graded position(s), such periods may be
aggregated, irrespective of the nature of the work of the position(s). Such
aggregated periods may be regarded as continuous service for the purpose of
incremental progression within the grade of the position(s), provided that:
(i) only
periods in respect of which the level of the allowance together with the
Employee’s salary is greater than or equal to the salary of the new position to
which the Employee is substantively appointed are counted;
(ii) any period of
leave during which allowance was not paid is discounted;
(iii) aggregation
does not extend over any break in excess of six
months.
(d) The same
principles apply if an Employee who has been relieving in higher graded
positions is subsequently appointed to
a similarly graded position, to determine salary and/or allowance in the new
position.
19.7 The Employer is
to consider sharing higher duties relief opportunities between suitable
Employees to enhance fairness and increase developmental opportunities.
19.8 The employer is
committed to enabling and contributing to the professional development of
employees.
20. Travelling
Compensation
20.1 Travel on
Official Business
(a) Employees who
travel on official business and are not provided with an Employer owned
vehicle, must, wherever possible, travel by the most economic and practical
means of public transport. If public transport is not practical, or if the
Employee has a genuine safety concern, the Employer can approve the use of a
taxi or hire car.
(b) The Employer
pays the full cost of fares for the transport.
(c) Where Employees
pay for the travel, their claim for reimbursement of travel costs must be
supported by receipts.
(d) If there is no
public transport service, then Employees must obtain prior approval to travel
by:
(i) taxi,
hire car or rented car;
(ii) air; or
(iii) private vehicle,
in accordance with subclause 21.4.
(e) Employees who
receive approval to use a private vehicle for official business travel will be
reimbursed as set out in subclause 21.4.2.
20.2 Travel
Compensation
20.2.1 Fares
(a) Employees are
not entitled to payment of fares for travel between their usual headquarters
and usual permanent residence.
(b) If Employees
are required to work temporarily from another location which involves
additional fares, they will be paid the amount in excess of
the fares usually incurred between their permanent residence and headquarters.
(c) Where public
transport presents difficulties in (b), Employees may, subject to prior
approval, use a private vehicle and be reimbursed at the Specified Journey
Rate, less the amount of normal fares or the
kilometres usually travelled between their home and headquarters (whichever is
relevant).
20.2.2 Travelling Time
(a) Employees are
entitled to claim payment or time off in lieu for
travelling time in accordance with subclauses 20.2.2 and 20.2.3. Employees are
not entitled to be paid travelling time or take time off in lieu:
(i) for
time spent travelling between their usual headquarters and usual permanent
residence, or for the time normally taken for the periodic journey from home to
headquarters and return,
(ii) for time spent
travelling on permanent transfer where:
1. the transfer
involves promotion which carries increased salary,
2. the transfer is
for disciplinary reasons,
3. the transfer is
made at the Employee’s request, or
4. special leave
has been granted for the day or days on which the travel is to be undertaken,
(iii) periods of less
than a quarter of an hour on any day shall be disregarded,
(iv) for the time
taken by the Employee to stop and eat a meal,
(v) for time spent
travelling outside of the time that might reasonably have been taken by the
most practical available route and the most economical means of transport,
(vi) for travel by
ship on which meals and accommodation are provided,
(vii) for travel
overseas,
(viii) from 11.00 pm on
the night the Employee is provided with overnight accommodation to 7.30 am the
following day, other than COI Employees who are exempt from this provision.
(ix) if the Employee
receives an allowance or their salary includes a specific component of
compensation for travel outside normal hours.
(b) Employees who
are required to travel to work temporarily from another location which involves
additional travel time, are paid for any additional time taken in excess of the time taken to travel between their usual
headquarters and their usual permanent residence.
(c) Subject to the
conditions in (a), where travel is on a:
(i) working
day, Employees are paid for time spent in travelling before their normal
commencing time or after their normal ceasing time;
(ii) non-working
day, Employees are paid for all time spent travelling on official business
after 7.30am.
20.2.3 Payment for
Travelling and Waiting Time
(a) Employees who
are entitled to claim travel time are entitled to have any necessary waiting
time treated as travelling time except when they are provided with overnight
accommodation at a centre.
(b) When Employees
are provided with overnight accommodation at a centre, they cannot count as
travelling/waiting time the time spent from arrival at the centre until
departure from the centre.
(c) Employees who
are in receipt of a salary in excess of the rate
applicable to the maximum rate for USS Grade 7/Engineer Level 1 Year 3, plus
$1.00 per annum shall be paid travelling time calculated at the maximum rate
for USS Grade 7/Engineer Level 1 Year 3, plus $1.00 per annum, as adjusted from
time to time.
(d) The maximum
payment or time off in lieu for travelling/waiting
time is eight hours in any 24 hour period, except in unforeseen circumstances
such as a major transport disruption.
(e) Payment for
travelling time and waiting time shall be at the Employee’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
|
The rate of payment for travelling or waiting time on a
non-working day shall be the same as that applying to a working day.
(f) Unless
otherwise directed, Employees must take time off in lieu within
three months of being notified of approval of the leave.
21. Allowances
21.1 Calculation of
Allowances
(a) A daily
entitlement to a weekly allowance is calculated at one-fifth of the weekly
rate.
(b) When calculating
time worked:
(i) a
fraction of an hour less than 30 minutes is not taken into account;
(ii) fractions of an
hour of 30 minutes or more are taken to be one hour.
21.2 Meal Allowances
21.2.1 Meal allowance and
break while travelling
(a) Employees are
entitled to claim a meal allowance when travelling on official work business if
they:
(i) return
to their headquarters or place of residence on the same day;
(ii) have a meal
break of at least 30 minutes away from their residence or headquarters; and
(iii) incur an
expense in obtaining the meal.
(b) Employees shall
receive meal allowances at the rates contained in Item 1 of Schedule B and
subject to the following provisions:
(i) Breakfast
- the journey must have commenced before 6am and at least one hour before the
Employee's normal starting time;
(ii) Lunch - when
Employees are required to travel a total distance of at least 100km on the day
and take their lunch break at least 50km from their normal headquarters.
However, Employees whose position requires them to
undertake work in the field and are regularly required to take lunch away from
their nominated headquarters shall be entitled to a lunch allowance if lunch
facilities are not available;
(iii) Evening meal -
the allowance may only be claimed when the meal is taken after 6:30pm.
21.2.2 Meal allowance on
overtime
(a) The entitlement
to meal allowances for Employees who work overtime, is set out in subclause
25.4.
21.3 Travelling and
Lodging Allowance
21.3.1 General
(a) If the Employer
requires an Employee to proceed on work away from their normal headquarters and
the Employee cannot return to their normal headquarters on the day of
departure, and the Employee does not permanently change their headquarters:
(i) the
Employer may elect to arrange and pay for the overnight accommodation direct to
the accommodation provider and reimburse the Employee the appropriate meal
allowance where the Employer does not provide a meal, however, in circumstances
where a suitable meal is not available because of the Employee’s work
commitments or for some other sound reason, the meal allowance may be claimed
and will be paid. Under any such arrangement, the Employer shall ensure that
the accommodation so provided is reasonable and appropriate, having regard to
the nature of the work assignment. If arrangements are made as per subclause
21.3.1(a)(i):
(A) Employees who
stay in accommodation provided by the Employer will receive an incidentals
allowance as set out at Item 4 of Schedule B;
(B) Employees
required to camp out or make use of caravans or boats for overnight accommodation
when motel/hotel accommodation is neither available or appropriate are entitled
to an allowance as set out in Item 24 of Schedule B; or
(ii) where the Employer does not
pay the accommodation provider directly, the Employee shall receive the applicable
Lodging allowance as per Item 3 of Schedule B for every period of 24 hours
absence by the Employee from their residence; or
(iii) the Employee may elect or be
directed to be paid actual expenses properly and reasonably incurred for the
whole of the business trip together with an incidental expenses allowance as
set out at Item 4 of Schedule B.
(b) Employees must
obtain prior approval before making arrangements to
stay in overnight accommodation.
(c) Approval to
stay in overnight accommodation is determined having regard to safety and local
conditions. Where Employees are required to attend conferences or seminars
which involve evening sessions or make an early start in a location away from
their normal headquarters, overnight accommodation may be granted. Employees
can be expected to travel up to two hours each way on the forward and return
journeys for work-related purposes.
(d) The Travelling
allowance is calculated at the hourly rate of the relevant Lodging allowance as
set out at Item 3 of Schedule B.
(e) The Lodging
allowance is an allowance for overnight accommodation, meals
and incidentals.
(f) Employees who
are required to stay in overnight accommodation and are paid the allowance set
out at subclause 21.3.1(a)(ii) above are entitled to the rate for that region
as set out at Item 3 of Schedule B. The allowance is reduced by 50% if the
Employee remains in that region for more than 35 days and up to six months. Any
periods over 6 months do not attract the allowance.
(g) Lodging allowance
is calculated from the time Employees depart from:
(i) their
normal headquarters; or
(ii) their normal
place of permanent residence where they travel directly from there; or
(iii) another
temporary work location.
(h) Employees who
are sent from one temporary work location to another will continue to be
entitled to the payment for overnight accommodation, providing that the
distance between their headquarters and their subsequent temporary work
location is sufficient to make it necessary to continue such arrangements.
(i) Subject
to subclause (h) above, where the allowance for overnight accommodation at the subsequent
temporary work location(s) is a different rate than that applying to the
previous temporary work location, Employees receive the rates based on the
times of departure from each location.
Methods for calculation of Lodging allowance for Employees travelling
between different locations are set out in Appendix A of Schedule B.
(j) Employees are
not entitled to an allowance under this clause for:
(i) any
period during which they return to their permanent residence on weekends or
public holidays, from the time of arrival at their place of residence until the
time of departure;
(ii) any period of
leave, except with the Employer’s approval or otherwise provided by this
clause; or
(iii) any other
period during which they are absent from the temporary work location, otherwise
than on official work.
(k) For the
purposes of this clause, ‘Sydney’ means the area bounded by Palm Beach and
Brooklyn in the north, Richmond in the north-west, Penrith in the west
Campbelltown and Camden in the south-west and Heathcote in the south.
Notwithstanding this definition, if Employees are paid an allowance for
overnight accommodation, they are expected to find accommodation as close as
possible to their temporary work location.
(l) When Employees
return from a temporary work location after more than 35 days and less than six
months’ lodging they are paid travelling at the hourly
rate of the relevant Lodgings allowance as set in Item 3 of Schedule B.
Travelling is calculated from the time the Employee departs from their
temporary work location to the time they arrive at their headquarters or normal
place of permanent residence.
(m) If the Lodging
allowance is deemed insufficient to adequately reimburse Employees for expenses
properly and reasonably incurred, a further amount may be paid to the Employee
for the additional expenses incurred.
(n) Employees must
produce receipts to receive reimbursement for actual expenses unless the
Employer is prepared to accept other evidence from them.
(o) In the event of
any dispute over the implementation of these changes the parties shall have
recourse to the IRC under the DSP (5).
21.3.2 Lodging in
Employer-Provided Accommodation
(a) Employees who
perform official duties at a temporary work location may be directed to lodge
in accommodation organised and provided by the Employer.
(b) Where the
Employer does not provide meals, Employees are reimbursed meal expenses
actually and reasonably incurred during the time spent away from their
permanent residence to perform that work.
(c) Employees who
stay in Employer-provided accommodation may receive an Incidentals allowance as
set out at Item 4 of Schedule B.
21.3.3 Lodging Away from Headquarters
for One Week or More, Within a Reasonable Distance from Headquarters
(a) If Employees:
(i) are
required to find accommodation away from their headquarters for a period of one
week or more, and
(ii) are within
reasonable distance from their permanent residence/headquarters to travel to
their permanent residence at weekends (‘reasonable travelling distance’ from
Sydney being the area bounded by Newcastle, Singleton, Bowenfels, Yass and Nowra), then claims for Travel and Lodging
allowances are calculated according to (b) - (e) below.
(b) Employees are
entitled to the Travelling allowance set out in subclause 21.3.1(d) when
travelling to or from a temporary work location, calculated from the time of
departure. If Employees have approval to use a private vehicle, they are paid
the Specified Journey Rate, as set out at Item 18 of Schedule B, up to the
amount payable had the most economic and practical means of public transport
been used.
(c) Lodging
allowance, or the actual and incidentals rate, is paid at the appropriate
capital city or non-capital city rate as set out at Item 3 of Schedule B. The
allowance is calculated from the time of the Employee’s departure to the
temporary work location up until the time of arrival back at
headquarters/permanent residence, which would normally be from Monday to
Friday, respectively.
(d) Where it is
necessary to:
(i) obtain
accommodation on a weekly basis in order to preserve
continuity of accommodation, and
(ii) the cost
exceeds the allowance payable from the time of arrival to the time of departure
each week,
Employees are paid the reasonable actual cost, plus an
amount set out at Item 4 of Schedule B.
(e) When travelling
to permanent residence/headquarters each week, Employees are entitled to be
reimbursed up to the cost of the most economic and practical means of public
transport available. If Employees make the journey by private vehicle, they may
be required to produce evidence that the journey was actually
made.
21.3.4 Lodging Away from
Headquarters for One Week or More, Not Within a Reasonable Travelling Distance
from Headquarters
(a) For Employees
who:
(i) are
required to find accommodation away from their headquarters for a period of one
week or more; and
(ii) are not within a
reasonable distance from their permanent residence/headquarters, as defined in
subclause 21.3.3(a)(ii), to travel to their permanent residence at weekends,
the entitlement to return to permanent residence/headquarters is calculated as
set out below.
(b) If the distance
between a temporary work location and the Employee’s permanent
residence/headquarters is such that they can travel in their own time and spend
48 hours at their permanent residence/headquarters then Employees are entitled:
(i) if
they have dependants, to return to their permanent residence every four weeks
at the Employer’s expense. Alternatively, Employees may return to their
permanent residence every two weeks and have half their costs met by the Employer;
(ii) if they do not
have dependants, to return to their permanent residence every eight weeks at
the Employer’s expense. Alternatively, Employees may return to their permanent
residence every four weeks and have half their costs met by the Employer.
(c) If the distance
between an Employee’s temporary work location and their permanent
residence/headquarters, by the shortest practicable route, is such that
Employees are unable to travel in their own time to spend 48 hours at their
permanent residence/headquarters then Employees are entitled:
(i) if
they have dependants, to return to their permanent residence at the Employer’s
expense and take two days special leave (usually Friday and/or Monday) every
four weeks;
(ii) if they do not
have dependants, to return to their permanent residence at the Employer’s
expense and take two days special leave (usually Friday and/or Monday) every
eight weeks.
(d) Having regard
to the period of absence from work that is necessitated by land-based travel,
the Employer may provide Employees with air transport.
(e) If, in
accordance with (b) and (c) above, Employees return to their permanent
residence/headquarters after the specified period of absence has elapsed, each
journey will be regarded as a separate trip for the purposes of calculating
lodging allowances and Employees are paid travelling time as set out at
subclause 20.2.2(b).
(f) When Employees
travel to their permanent residence/headquarters they are entitled to be
reimbursed up to the cost of the most economic and practical means of public
transport available. If Employees make the journey by private vehicle, they may
be required to produce evidence that the journey was actually
made.
21.4 Use of Private
Motor Vehicle
21.4.1 General
(a) Unless
otherwise specified in this Award, Employees bear the cost of daily travel by
private vehicle between their permanent residence and headquarters.
(b) Employees may
be authorised to use private motor vehicles where such use will result in
greater efficiency or be less expensive for the Employer than other forms of
transport.
(c) If Employees
have approval to use a private motor vehicle for work purposes, they must have
current:
(i) third
party personal injury insurance; and
(ii) a comprehensive
motor vehicle insurance policy to an amount and in a form approved by the
Employer.
21.4.2 Rates, Allowances
and Expenses
(a) Employees who
have approval to use a private motor vehicle for work purposes are paid an
allowance, depending on the circumstances and purpose for which the vehicle is
being used.
(b) Employees will
be paid:
(i) the
Specified Journey Rate, as set at Item 18 of Schedule B for travel to and from
a temporary work location; or when on official business where an Employer owned
vehicle or other forms of transport are available, but the Employee elects to
use their own private vehicle, with the approval of the Employer. The allowance
is limited to an amount not exceeding the cost of travel by public or other
available means of transport;
(ii) the Official
Business Rate as set at Item 17 of Schedule B for using a private vehicle on
official business when no other means of transport is available, where the
Employee is directed to use their own vehicle by the Employer and the Employee
agrees to do so;
(iii) the Official
Business Rate as set at Item 17 of Schedule B if, owing to a disability, the
Employee is unable to use other transport.
21.4.3 Private Use of
Employer owned vehicles
(a) Subject to
approval from the Employer and the provisions of RMS Group’s Light Motor
Vehicle Policy and Guidelines (as varied from time to time), Employees may
negotiate to include the private use of an Vehicle in
a salary package arrangement.
(b) Such
arrangement will be subject to a motor vehicle being available from within the
Employer’s motor vehicle fleet and the vehicle being made available for general
use during business hours.
21.5 Conditions and
Allowances on Transfer
This clause applies to all Employees other than
Casuals.
21.5.1 General
(a) Unless
otherwise approved by the Employer, Employees are not paid allowances if they
transfer:
(i) at
their own request within a period of 2 years of taking up duty at their current
headquarters;
(ii) under
arrangements they have made directly with another Employee to exchange positions;
(iii) from one part
of Sydney Metropolitan area to another as defined in the RMS Group Travel,
Accommodation and Relocation Procedure.
(iv) to a new
headquarters within 34km of their previous headquarters; or
(v) for reasons of
proven misconduct.
In the
case of job swaps arising out of major restructures, the Employer is prepared
to consider the payment of transfer allowance in exceptional circumstances.
(b) Where both
spouses are Employees and are transferred to the same new headquarters
requiring the relocation of residence, they are to seek approval regarding
payment of leave and expenses as transferred Employees prior to relocating.
(c) Where special
circumstances exist and the Employer so approves, this clause shall apply to a
transfer within the meaning of subclause (a)(i) or
(a)(iv).
21.5.2 Travelling and
Accommodation Allowance
(a) Employees who
are transferred from one headquarters to another are paid the travelling
allowance set out at subclause 21.3.1 until arriving at their new headquarters.
(b) Employees who
are unable to secure a permanent residence or other regular accommodation
immediately on arrival at their new headquarters and are:
(i) separated
from their dependants, are, paid the relevant accommodation allowance set out
at subclause 21.3, for the first eight weeks;
(ii) separated from
their dependants, may be partially reimbursed for expenses actually and reasonably
incurred provided that the Employee can produce receipts of the expenses
claimed. Employees are only able to make this claim for expenses after eight
weeks and up to a maximum of six months after having been transferred. The
amount that may be reimbursed will be calculated by determining the total
amount of expenses incurred, for which the Employee has receipts, minus the
amount each week set out at Item 20 of Schedule B;
(iii) occupying
temporary accommodation with their dependants are paid three-quarters of the
actual and reasonable expenses incurred for a period of up to eight weeks;
(iv) occupying
temporary accommodation and do not have dependants, are paid 50% of the actual
and reasonable expenses incurred for a period of up to four weeks, up to a
maximum amount set out at Item 12(c) of Schedule B.
(c) Employees who
anticipate that due to special circumstances they will require reimbursement
beyond these periods must obtain the Employer’s approval prior to the
expiration of the above periods.
(d) Where the
Employer is not prepared, under subclause 21.5.10, to meet the expense of
transferring dependants, the Employee is paid the relevant accommodation
allowances set out at subclause 21.3.
(e) If an Employee
is separated from their dependents under circumstances set out above, then the
Employee is entitled to the provisions for returning to permanent residence set
out at subclauses 21.3.3 and 21.3.4.
21.5.3 Sale and Purchase
of Home When Transferred
(a) Where an
Employee is transferred and the Employer has agreed to meet the cost of
relocating their dependants and possessions, the Employee is entitled to be
reimbursed the costs associated with the sale of their current residence
provided the Employee purchases a residence or land to build a home at the new
location. The sale and purchase must
occur:
(i) not
earlier than 6 months prior to and no later than 4 years after the transfer; or
(ii) within a period
not exceeding a further 4 years if the Employee is transferred again within the
timeframe of (a).
(b) This subclause
also applies if an Employee sells their current residence and takes up rented
accommodation or transfers, as long it has not been more than four years since
their transfer.
21.5.4 Reimbursement of
Conveyancing and Other Costs
(a) If 21.5.3
applies, then the Employee may be reimbursed for the following expenses:
(i) professional
costs and disbursements of a solicitor or conveyancing company acting on the
Employee’s behalf, in respect of transactions limited to Schedule 1 of the Conveyancing Act 1919 (NSW);
(ii) stamp duty paid
in respect of the purchase of the Employee’s residence or land at their new
location, and in respect of any mortgage entered into or discharge of mortgage
connected with such transactions;
(iii) registration of
transfer and discharge of mortgage;
(iv) any real estate
agent’s commission for the sale of the former residence;
(v) council or
other local government rates levied on the former residence prior to its sale
and during the period that it remains untenanted, providing that the Employee
has purchased a residence or land on which to build a home at the new
headquarters (the Employer may require the Employee to prove that reasonable
efforts have been made to sell the former residence at a reasonable market
price);
(vi) non-refundable
costs to connect gas and/or electricity at the new permanent residence;
(vii) the cost of
survey certificates, pest certificates and/or lending authority registration
fees and charges reasonably incurred in seeking financial assistance, for the
purpose of purchasing a residence or land on which to build a home at the new
headquarters.
(b) If the
four-year period in subclause 21.5.3(a) above is exceeded, the Employer will
consider the Employee’s circumstances and may require the Employee to provide
full details as to why the sale and/or purchase of the residence or land could
not be completed within the four-year period.
(c) The maximum
amount Employees are reimbursed for items in subclause (a) above is limited to
the amount which would be payable had the sale and purchase prices in each case
been the amount set out at Item 8 of Schedule B.
(d) To be eligible
for reimbursement in full for the amount of stamp duty
in subclause (a)(ii) above, Employees must occupy their residence within 15
months of transfer to their new location.
21.5.5 Telephone
Connection
(a) Employees will
be reimbursed the cost of installing a telephone at their new location provided
that:
(i) they
were a telephone subscriber at their previous residence at the time of
transfer; and
(ii) the amount
reimbursed is limited to the full amount of the transfer or installation fee
only. Fees for extra telephone equipment and services etc. are not reimbursed.
(iii) Employees must
provide receipts when claiming reimbursement.
21.5.6 Arrangement of
Accommodation in Advance
(a) Subject to
approval, if an Employee and one member of their household travel to the new headquarters,
prior to a transfer, to arrange accommodation in advance, the Employee is
entitled to:
(i) reimbursement
of travelling costs or the Specified Journey Rate, up to the amount payable had
the most economic and practical means of public transport been used;
(ii) two days paid
special leave, for the purpose of visiting the new location and arranging accommodation;
(iii) such leave as
is necessary, on full pay, for the purposes of travelling to the new location;
and
(iv) actual and
reasonable expenses incurred for overnight accommodation and meals for the
Employee and their family member, provided the Employee produces receipts, up
to a maximum of the amount specified in subclause 21.3.
(b) Where the time
taken to travel to the new headquarters and accommodation is arranged in less
than two days, Employees are entitled to paid special leave for that lesser
time.
(c) Subsequent to
commencing work at their new headquarters, if Employees have been unable to
access the above entitlements but wish to have a member of their household
travel to their new headquarters for the purpose of finding new accommodation,
Employees are entitled to reimbursement of travel and accommodation expenses
for the household member, providing that person travels by the most practical
and economical means of transport. Where the family member travels by car, the
allowance is based on the Specified Journey Rate as set out at Item 18 of
Schedule B.
(d) Employees are
not entitled to the conditions above if they intend to re-occupy their own
home.
21.5.7 Weekly Allowance
for Increased Rental Costs
(a) Employees may
apply for and may be granted a weekly allowance if they incur increased rental
costs after being transferred. The application must be in writing and must be
supported by receipts which show the actual rent paid before and after the
transfer.
(b) The weekly
allowance is:
(i) based
on the difference between the cost of rent at the previous headquarters and the
cost of rent at the new location;
(ii) up to a maximum
of the amount set out at Item 9 of Schedule B per week; and
(iii) paid for a
period of up to six months, unless exceptional circumstances require that the
allowance be extended to a maximum of 12 months.
21.5.8 School Costs for Dependant Children
(a) Where Employees
have dependant children in Year 12 who have to stay at the former location and cannot move to the
new location because elected subjects are not available at the new location,
they are entitled to reimbursement of up to the amount listed in Item 10(b) of
Schedule B, provided that the Employee:
(i) pays
the amount set at Item 10(a) of Schedule B, per week;
(ii) produces
receipts of payment; and
(iii) produces a
letter from the Department of Education and Training stating that the elected
subjects are not available at the new location.
(b) Where dependant children change to a school at the new location,
Employees are entitled to reimbursement of the costs of replacing the essential
school clothing listed from time to time in the DPC personnel circulars.
(c) Employees may
be reimbursed the cost of clothing not included on the list, which is required
at the new school, providing that they supply full particulars and the
circumstances surrounding the requirement to purchase.
21.5.9 Transfer of
Household Furniture and Effects
(a) Employees who
are transferred from one headquarters to another and have to
change their permanent residence are entitled to the following allowances to
transfer their household furniture and effects:
(i) where
the value of the household furniture and effects is more than the amount set
out at Item 7(a) of Schedule B, Employees receive the allowance set out at Item
7(b) of Schedule B.
(ii) where the value
of the household furniture and effects is less than the amount set out at Item
7(a) of Schedule B, Employees receive the allowance set out at Item 7(c) of
Schedule B.
(iii) where Employees
change their residence and do not have household furniture and effects to
warrant the payment of the allowance referred to in (a) above, Employees
receive the amount set out at Item 7(d) of Schedule B.
(b) Employees are
entitled to reimbursement of the cost of packing, removing, unpacking and
transit insurance of their goods, as well as storage of their furniture and
effects up to a maximum of eight weeks.
(c) Prior to
incurring the expense outlined in subclause (b) above, Employees must submit a
request to the Employer for approval to incur the expense, accompanied by:
(i) an
inventory of the furniture and effects with their approximate value;
(ii) quotations from
carriers for the cost of removal;
(iii) if applicable,
quotations for storage, limited to a maximum of eight weeks from the date of
transfer to their new headquarters.
(d) Quotations must
be obtained, where practicable, from at least two reputable carriers and are to
show the cost of removal from house to house, including packing and unpacking
and the cost of ‘all risk’ insurance.
(e) Employees who
wish to extend the period of storage beyond eight weeks must obtain prior
approval from the Employer.
(f) Employees must enter into a contract for the removal of furniture and
effects because the Employer will not be responsible for any loss or damage to
the furniture or effects in the course of removal.
(g) Employees are
entitled to reimbursement of the cost of all risk insurance, up to a maximum
value for furniture and items as set out at Item 14 of Schedule B. Where the
insured value exceeds this amount, the matter is to be referred to the Employer
for consideration.
21.5.10 Transfer
of Dependants
(a) If Employees
transfer for the reasons set out in subclause 21.5.1(a)(i)
or (ii) and special circumstances exist, upon application the Employer may
choose to reimburse the entitlements set out below.
(b) If Employees
are transferred for the reason set out in subclause 21.5.1(a) (iv), they are
entitled to the provisions set out below.
(c) When Employees
and their dependants travel to a new location, they are paid:
(i) the
actual and necessary fares incurred by the most economical means of public
transport available; or
(ii) the Official
Business Rate as set out at Item 17 of Schedule B if Employees choose to travel
by private vehicle.
(d) If Employees
travel during working hours they are entitled to
travelling allowances as set out in subclause 21.3. Any time spent in excess of the quickest practicable public surface route
is:
(i) deducted
from annual leave; or
(ii) approved as
leave without pay.
(e) Where it is
necessary for Employees to lodge their family or dependant relatives in
temporary accommodation for the time between leaving their previous
headquarters and arriving at their new headquarters, they are paid
three-quarters of the actual and reasonable additional expenses incurred for a
maximum period of one week, providing they supply receipts.
(f) If Employees
submit a receipt for joint accommodation costs for them and their family or
dependant relatives, the family cost to be used in calculations for (c), is
determined by deducting the single tariff rate and the cost of their meals,
from the total of the actual cost incurred plus the relevant incidentals rate
for capital cities or non-capital cities as set out at subclause 21.3.
21.5.11 Special
Leave for Transferred Employees
(a) Where Employees
are transferred in accordance with subclause 21.5.1, they are entitled to
special leave of:
(i) up
to two days for preparation and supervision of packing of personal and
household effects prior to its removal or to arrange storage;
(ii) up to one day
for the combined purpose of cleaning the premises being vacated and/or
occupying their new premises.
21.5.12 Removal
expenses on Retirement, Redundancy or Death
(a) If Employees
retire, accept a voluntary redundancy or die at a
place other than the place of their original headquarters, then the Employer
will reimburse the costs actually and necessarily incurred in removing personal
and household effects, together with associated transit insurance, to a location
of their choice, or as specified by their next of kin or executor of their
estate in the case of death, provided:
(i) the
costs claimed do not exceed the cost had the effects been moved to the original
headquarters;
(ii) the relocation
is effected within 12 months of the date of
retirement, voluntary redundancy or death and written application is made by
the widow or widower; and
(iii) in the case of
voluntary redundancy only, the Employee has not rejected an offer of
redeployment.
(b) Any separate
claim made by the Employee’s children or dependant relatives will be considered
by the Employer provided that full particulars for the reason for special
consideration are supplied.
21.6 Remote Areas
Allowance
(a) The remote
areas allowance rates set out in Item 11 of Schedule B and discussed in this
clause are the rates payable per annum.
(b) Employees whose
headquarters and residence are in an area upon or west of a line starting from
a point on the bank of the Murray River opposite Swan Hill, which then extends
by straight line passing through the following towns in order, namely, Conargo,
Coleambally, Hay, Rankin’s Springs, Marsden, Condobolin, Peak Hill, Nevertire,
Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford, and Bonshaw are
paid a remote areas allowance at Grade A.
(c) Employees whose
headquarters are in Deniliquin are also paid the Grade A
Allowance.
(d) Grade B
Allowances will be paid to Employees whose headquarters and residence are at Angledool, Barrigun, Bourke,
Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge,
Louth Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White
Cliffs, Wilcannia and Willandra.
(e) Grade C
Allowances will be paid to Employees whose headquarters and residence are at
Fort Grey, Mutawinjtji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yethong.
(f) Employees will
be paid the dependant rate, set out at Item 11 of Schedule B, if their
dependants also reside in the defined remote area.
21.7 Fares Subsidy -
Remote Areas
(a) Employees who are located in an area for which a remote areas allowance is
paid are paid a subsidy towards the cost of fares incurred when taking annual
leave away from that area.
(b) The fares
subsidy is paid once in every 12 month period,
calculated from the date the Employee takes up work in the area.
(c) A fares subsidy
entitlement not taken in one year is forfeited and cannot be carried over to
enable an Employee to make two claims in the following year.
(d) Employees who
travel by public transport are paid the lesser of:
(i) actual
costs, less the amount set out at Item 12(a) of Schedule B; or
(ii) up to a maximum
of the amount set out at Item 12(b) of Schedule B for the Employee and their
spouse/dependants; or
(iii) up to a maximum
of the amount set out at Item 12(c) of Schedule B if the Employee does not have
a spouse/dependants.
(e) Where Employees
travel by private vehicle, they are paid:
(i) the
Specified Journey Rate as set out at Item 18 of Schedule B; or
(ii) actual and
reasonable costs in excess of the amount set out at
Item 12(a) of Schedule B, whichever is the lesser, up to the maximum specified
in 12(c) of Schedule B.
(f) Travel
subsidies are based on the cost of a return journey from headquarters to Sydney
by the most practical and economic means of public transport available, or
elsewhere not exceeding the cost of a return journey to Sydney.
(g) There is no
entitlement for reimbursement of taxi fares or meals.
(h) Unless otherwise
approved, Employees are only paid the fares subsidy when they proceed on a
period of leave that would entitle them to the payment of annual leave loading
(ie, ten consecutive working days one day of which is
annual leave).
21.8 First Aid
Allowance
(a) Where the
Employer designates an Employee who is qualified, as specified in Items 15 and
16 of Schedule B, to be available to provide First Aid duties and
responsibilities, they shall be paid a First Aid Allowance appropriate to the
qualifications held during any period they are so designated.
(b) The First Aid
Allowance is not payable where a first aid qualification is part of an
Employee’s essential job requirement.
21.9 Sydney Harbour
Bridge Allowance
A Works Supervisor who is employed on the maintenance
of the structure of the Sydney Harbour Bridge shall be paid an allowance as set
out at Item 13 of Schedule B.
21.10 Uniform and
Personal Protective Equipment
(a) Salaried
Employees
(i) Salaried
Employees required to wear a uniform shall be responsible for maintaining such
uniforms in a clean and pressed condition and shall be paid an allowance as set
out in Item 25 of Schedule B for care and cleaning of uniform clothing.
(ii) The Employer
shall provide free of charge such protective footwear, as necessary, which is
reasonably expected to adequately protect all Employees in the workplace.
(b) Professional
Engineers
(i) Employees
who are required to wear protective clothing, footwear
or equipment to perform work will be provided with the protective clothing
considered necessary.
(c) Maritime
Employees
(i) Employees
issued with a uniform are to wear the full uniform and keep it in good order.
(ii) Employees
employed in front line customer contact positions only may be issued uniforms
from the Employer. This includes all on water roles, customer service positions
and survey Employees.
(iii) Replacement of
uniforms shall be on a fair wear and tear basis.
(iv) The provisions
of (iii) above shall not apply to Employees issued with uniforms in roles other
than those described in (ii) above.
(v) Where an
Employee is issued with protective clothing that clothing must be worn on duty except
when a specific exemption has been allowed by the Employer. Any Employee who
has been issued with protective clothing and/or equipment, who reports for duty
incorrectly attired may be stood down without pay or be otherwise deployed
until such time as they are able to report for duty correctly attired.
(vi) Replacement of
personal protective clothing will be on the basis of
fair wear and tear.
21.11 On Call Allowance
(a) Employees are
paid an on-call allowance when directed to be on-call.
(b) When on-call
Employees are required:
(i) to
be available outside of ordinary working hours,
(ii) to respond to
an emergency/breakdown situation in a reasonable time agreed with the Employer,
and
(iii) to remain in a
fit state, unimpaired by the effects of alcohol or drugs.
(c) Employees who
are on-call are not required to remain at their permanent residence but must be
able to be contacted immediately.
(d) The rate of the on-call
allowance is set out at Item 19(a) of Schedule B.
(e) Employees who
are on-call are not entitled to a disturbance allowance.
(f) The provisions
of this clause do not apply where a Salaried Employee is already in receipt of
payment representing compensation for regularly being on standby or on-call,
which is paid as part of the Employee’s salary or as a separate allowance.
21.12 Disturbance
Allowance
(a) This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 62.
(b) Employees may be
contacted outside of normal work hours to assist with or co-ordinate a response
to an emergency and/or breakdown without being required to attend the emergency
and/or breakdown. Employees may be contacted to put into place emergency
arrangements by contacting other Employees to attend an incident or providing
advice in response to an emergency situation.
(c) The disturbance
allowance is:
(i) paid
at a minimum of one hour of the ordinary hours rate;
(ii) not paid if the
Employee’s salary exceeds the top step of USS Grade 11 or equivalent.
(d) Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid.
(e) The disturbance
allowance is payable under the arrangements set out in the On Call and
Disturbance Allowance Procedure.
SECTION 4 - LOCAL
ARRANGEMENTS, HOURS OF WORK, OVERTIME, SHIFTWORK AND RELATED MATTERS
22. Local Arrangements
22.1 Local
arrangements may be negotiated between the Employer and union parties to this
award in relation to any matter contained within the award.
22.2 All local
arrangements negotiated between the Employer and the union parties must:
(i) be
approved in writing by the Employer;
(ii) be approved in
writing by the union parties to this Award;
(iii) include
provisions for the duration, review, and termination of the agreement; and
(iv) be contained in
a formal document signed by all parties to this Award.
22.3 A local arrangement
approved in accordance with this clause, will override this award to the extent
of any inconsistencies.
23. Hours of Work
23.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause applies
to Salaried Employees and Professional Engineers, subject to the specific
provisions applying to:
(i) COIs
and Compliance Operations Managers (in which case the provisions of clause 42
shall apply);
(ii) Telephone
Customer Service Centre Employees (in which case the provisions of clause 43
shall apply);
(iii) DRIVES Help
Desk Employees (in which case the provisions of clause 44 shall apply);
(iv) Work Support
Employees (in which case the provisions of clause 45 shall apply);
(v) Traffic
Supervisors (in which case the provisions of clause 46 shall apply);
(vi) Traffic
Commanders (in which case the provisions of clause 47 shall apply);
(vii) Shift Managers
and Operations Coordinators in the RTOC (in which case the provisions of clause
shall apply);
(viii) Sydney Harbour
Bridge Control Room Employees (in which case the provisions of 49 shall apply)
(c) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the specific provisions shall
prevail to the extent of any inconsistency.
23.2 Ordinary Hours
(a) The provisions
of subclause 23.2 do not apply to those Employees engaged in Shift Work. The ordinary hours of Shift Workers shall be
as set out in clause 24.
(b) Unless
prescribed otherwise in this Award, the ordinary hours of work are 35 hours per
week. The Employer may engage Employees under either a standard hours arrangement or a flexitime arrangement. The Employer
may direct Employees to work a standard hours
arrangement in exceptional circumstances.
(c) The ordinary
hours of Salaried Employees who are engaged on field work shall be 38 hours (if
directed). In such case, the Employee shall be paid a loading at the rate of
8.5% of salary; and overtime shall be paid for work in excess
of 8 hours on any one day, or 40 hours in any one week, or hours outside
the ordinary spread of hours normally worked by Employees on field work. The
loading shall apply to all periods of leave and be taken into
account in the calculation of annual leave loading and overtime
payments. The loading shall also be taken into account
in the monetary value of long service leave on termination of service where the
Employee is in receipt of the loading on the day preceding termination.
(d) Standard Hours
Arrangement
(i) The
standard hours arrangement involves seven hours per day, 35 hours per week,
worked over a five day period Monday to Friday
inclusive.
(ii) For Salaried
Employees and Professional Engineers, the ordinary spread of hours for standard
hours shall be 8.30am to 4.30pm, with a lunch break to be taken between the
hours of noon and 2.00pm daily, provided:
(A) the Employer may
approve Employees engaged under Salaried Employee Classifications, to vary the
ordinary span of hours so that they can be worked between 7.00am to 5.30pm;
(B) the Employer may
approve Employees engaged under the Professional Engineers Classifications to
vary the ordinary span of hours so that they can be worked between 7.30am to 6.00pm;
(C) Professional
Engineers under the standard hours arrangement must not work more than five
hours without a one-hour meal break, taken between noon and 2.00pm unless local
arrangements are made in advance, based on the Employee’s personal needs or
operational needs. In this case, Employees and the Employer may agree to reduce
the meal break to a minimum of 30 minutes.
(e) Flexitime
arrangement for Salaried Employees and Professional Engineers approved to work
under such arrangement
(i) Flexitime
arrangement is defined as where an Employee is able to:
(A) vary their start
and finish times within the bandwidth;
(B) accrue one flex
day (7 hours) in each 4 week settlement period;
(C) take flex leave
at any time throughout the 4 week settlement period
with approval from the Employer.
(ii) Once approved,
a Flexitime Arrangement is defined as a program where Employees determine their
own start and finish times within the bandwidth, in consultation with the
Employer and taking into consideration the requirements of their role.
(iii) Flexitime will
accrue where an Employee works additional hours above 140 hours in a settlement
period in accordance with this clause.
(iv) Where the
operational requirements allow, the working of a flexitime arrangement shall be
extended to an Employee working under a part time work arrangement. Except for
provisions contained in subclauses 23.2(e)(xi), (xiv) and (xv), all other
provisions under this subclause shall be applied pro rata to an Employee
working under a part time work arrangement.
(v) Attendance - An
Employee's attendance in excess of ordinary hours but
within the bandwidth shall be subject to the availability of work.
(vi) Bandwidth - The
bandwidth shall be between the hours of 7.00 am and 7.00 pm Monday to Friday,
unless otherwise agreed between the Employer and the Employee.
(vii) Minimum hours of
work on any day will be 5 for a full-time Employee and 3 for a part-time
Employee, excluding breaks.
(viii) Lunch break -
The standard lunch period shall be no less than ½ hour. Lunch breaks may be up
to 2½ hours taking into consideration the requirements of the role.
(ix) Settlement
period - The settlement period shall be four weeks, and for time recording
purposes, the settlement period and flex leave must coincide.
(x) Contract hours -
The contract hours for a settlement period shall be calculated by multiplying
the Employee's weekly contract hours by the number of weeks in a settlement
period.
(xi) Flexible working
hours credit - An Employee may carry a maximum of 10 hours credit into the next
settlement period. Subject to clause 23.2(e)(xiii) and 23.2(e)(xvi), additional
hours are forfeited.
(xii) Any credit of
hours outstanding on an Employee's last day of duty is to be paid by adding the
monetary value to any unpaid salary or to the monetary value of accrued
annual/extended leave.
(xiii) The hours worked
during the settlement period are to be monitored by the Employee and the
Employer. When due to operational reasons the Employee may exceed the credit
carry of 10 hours at the end of the settlement period, the Employer may approve
the Employee to accrue additional hours worked above the 10 hours as time in
lieu. Employer approval and the taking of the time in lieu will be subject to
compliance with the Employer’s policy, procedures, guidelines
and delegations.
(xiv) Flexible
working hours debit - The following provisions shall apply to the carry over of flexible working hours debits:
A. A debit of up to 10 hours at the end of
a settlement period may be carried over into the next period;
B. Where the debit exceeds 10 hours, the
excess will be debited from a following pay as leave without pay, unless the
Employee elects to be granted available annual or extended leave to offset the
excess.
C. Any debit of hours outstanding on an Employee’s
last day of duty is to be deducted from any unpaid salary or the monetary value
of accrued annual/ extended leave.
(xv) Flex leave - Subject to operational
requirements:
A. An Employee may use credit hours to take
off the equivalent of one full day or two half days in a settlement period of 4
weeks.
B. Flex leave can be taken for a minimum
period of 1 hour and thereafter in 15 minute
increments.
C. Flex leave may be taken on consecutive
working days.
D. Absences on flex leave may be combined
with other periods of authorised leave.
(xvi) Banked days - If an Employee is unable to
take flex leave in accordance with clause 23.2(e)(xiv) due to operational
requirements, an Employee can bank flex leave and is entitled to have banked up
to four untaken flex days at any one time. Subject to approval, the Employee
can take up to four banked days plus the current settlement periods flex day,
to take a maximum of five consecutive working days off at an appropriate time.
(xvii) Professional Engineers who work on projects
shall be entitled to bank flex days over the maximum in subclause 23.2(e)(xiv),
during the project to be taken at the conclusion of the project or at set times
during the project, in order to manage sustained high
workloads. Such leave arrangements shall
be approved by the Employer. Where it is agreed between the Professional
Engineer and the Employer, the Professional Engineer may work a standard hours arrangement.
(xvii) Flexitime
Arrangements will not be used to replace shift work or temporary shift
arrangements, or where work would be more appropriately arranged under the
shift work provisions of this Award.
24. Shiftwork
24.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) COIs
and Compliance Operations Managers (in which case the provisions of clause 42
shall apply);
(ii) Motor Registry
and Telephone Customer Service Centre Employees (in which case the provisions
of clause 43 shall apply);
(iii) DRIVES Help
Desk Employees (in which case the provisions of clause 44 shall apply);
(iv) Work Support
Employees (in which case the provisions of clause 45 shall apply);
(v) Traffic
Supervisors (in which case the provisions of clause 46 shall apply);
(vi) Traffic
Commanders (in which case the provisions of clause 47 shall apply);
(vii) Shift Managers
and Operations Coordinators in the RTOC (in which case the provisions of clause
48 shall apply.
(viii) Sydney Harbour
Bridge Control Room Employees (in which case the provisions of 49 shall apply)
(c) Should any specific
provisions in relation to the hours of work be inconsistent with the general
provisions outlined in this clause, then the specific provisions shall prevail
to the extent of any inconsistency.
24.2 Shift Work Hours
(a) For Salaried
Employees rostered on shift work (including Employees whose ordinary hours of
work are 35 hours per week and are directed to work Field Work that is shift
work), unless specific provisions apply:
(i) Day
shift means those shifts where ordinary hours are worked between 7.00am and
5.00pm Monday to Friday;
(ii) Afternoon shift
means those shifts where ordinary hours commence at or after noon Monday to
Friday.
(iii) Night Shift
means those shifts where ordinary hours finish at or before 10.00am Monday to
Friday.
(iv) the ordinary
hours for day shift shall not exceed those worked daily or weekly by other
Employees working normal hours Monday to Friday inclusive. The only break will
be for lunch. The lunch break shall be taken in the Employee’s time and shall
not be regarded as working time;
(v) the ordinary
working hours for afternoon and night shifts shall not exceed those worked
daily or weekly by other Head Office Employees working normal hours Monday to
Friday. Meal breaks shall be of thirty minutes duration and shall be taken as
part of the ordinary working hours, to be paid for at the appropriate shift rate;
(vi) no Employee
shall be required to work more than five consecutive hours without a meal
break.
(b) For Employees
whose ordinary hours of work are 35 hours per week and are directed to work
Field Work that is shift work, and unless specific provisions apply:
(i) an
Employee shall be given at least 48 hours’ notice of a requirement to work
shift work;
(ii) notice of any
alteration to shift hours shall be given to the Employee not later than ceasing
time of the previous shift.
(iii) no Employee who
is employed during ordinary working hours shall be employed on afternoon or
night shifts except at overtime rates.
(c) For Salaried
Employees who work Shifts and whose ordinary hours are thirty
eight per week, and unless specific provisions apply:
(i) Employees
shall accrue 0.4 of one hour for each shift worked to allow one shift to be
taken off as a paid shift for every twenty shift
cycle. The twentieth shift shall be paid for at the shift rate(s);
(ii) each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a shift worked for accrual purposes;
(iii) an Employee who
has not worked, or is not regarded by reason of subclause 24.2(b)(ii) as having
worked a complete four week cycle, shall receive pro
rata accrued entitlements for each shift worked (or fraction of a shift worked)
or regarded as having been worked in such cycle, payable for the rostered day
off, or in the case of termination of employment, on termination;
(iv) Employees
working under subclause 24.2(a), shall agree upon arrangements with the
Employer for rostered paid days off during the twenty shift cycle or for
accumulation of accrued days, provided that such accumulation shall be limited
to no more than five such accrued days before they are taken as paid days off,
and when taken the days shall be regarded as days worked for accrual purposes
in the particular twenty shift cycle;
(v) once such
shifts have been rostered they shall be taken as paid shifts off provided that
in emergencies, when the Employer requires an Employee to work on the rostered
shift off and the Employee does so, the Employee shall take one paid shift off
before the end of the succeeding work cycle, and the Employee shall be paid for
the shift worked at the rates prescribed for Saturday work in subclause
24.5(a).
24.3 Payment for Shift
Work
(a) Payment for day
shift shall be at ordinary rates of pay.
(b) For Professional
Engineers, payment for an early morning shift shall be at the ordinary rate of
pay plus 12 ½%.
(c) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(d) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(e) For Salaried
Employees engaged in Field Work working Shift Work:
(i) payment
for day shift shall be at ordinary rates of pay;
(ii) Employees shall
be paid at the rate of time and one quarter when working on the second (afternoon)
shift on either a two or three shift system;
(iii) if three shifts
are worked, the third night shift shall be paid for at the rate of time and one
quarter;
(iv) where Employees
are required to work on a shift not worked on a two or three shift system,
which commences at or after 4.00pm and which finishes at or before 7.00am, such
shift shall be of no longer duration than eight hours and shall be paid for at
the rate of time and one half;
(v) where the arrangement
for working shifts provides for shifts on less than five continuous working
days then overtime rates shall be applicable; provided also
that in cases where less than a full week is worked due to the action of the
Employee then in such cases the rate payable for the actual time worked shall
be ordinary shift rates.
24.4 Shift Work
Rosters
(a) For Salaried
Employees rostered on shift work, unless specific provisions apply:
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer provided that not more than five consecutive shifts shall be worked in
seven consecutive days;
(ii) wherever
reasonably practicable, notice shall be given at least seven days in advance of
shifts to be worked. Rotating shifts shall rotate weekly commencing Monday.
Where three shifts per day are being worked, the order of rotation shall be
from day shift to night shift, from night shift to afternoon shift and from
afternoon shift to day shift;
(iii) an Employee on
rotating shifts shall not be rostered to work more than two weeks on afternoon
shift and/or night shift in any period of three working weeks other than by
agreement between the Employer and the Employee. The Employee shall be paid at
the rate of time and a half of the ordinary time worked on afternoon and/or
night shift in excess of two consecutive weeks until
the shifts are rotated.
24.5 Ordinary Hours on
a Saturday or Sunday for Salaried Employees and Professional Engineers
(a) Unless
prescribed in this Award, any ordinary hours worked on a Saturday shall be paid
at the rate of time and a half for the first two hours and double time
thereafter.
(b) Unless
prescribed in this Award, any ordinary hours worked on a Sunday shall be paid
at the rate of double time.
24.6 For Salaried
Employees who are Shift Workers:
(a) an Employee
required to work a shift on a day in which they have been rostered off shall be
paid at overtime rates;
(b) an Employee
rostered off on a public holiday shall be credited with a day’s annual leave for
each such day, provided that a six or seven day shift
roster is in operation.
24.7 For Professional
Engineers rostered for Shift Work:
(a) the Employer
may roster Employees to work shifts on a rotating basis;
(b) the ordinary rostered
working hours for shift work is not to exceed the hours worked daily or weekly
by non shift workers in the same classification who
work Monday to Friday;
(c) where
practicable, Employees will be given seven days’ notice of the shifts to be worked;
(d) a meal break
must be a minimum of 30 minutes duration.
(i) Except
in an emergency, Employees must not work more than five hours without a meal
break.
(ii) A meal break
during a day shift is unpaid and does not count as time worked.
(iii) A meal break
during an early morning, afternoon or night shift is taken as part of the
ordinary working hours and is to be paid at the appropriate shift rate.
(iv) Employees who
are given less than 24 hours’ notice of a change to a roster or are required to
work a shift on a rostered day off will be paid a Meal allowance as specified
in Item 2 of Schedule B.
(e) For
Professional Engineers rostered on rotating shift work:
(i) Employees
must not be rostered to work more than five consecutive shifts in seven consecutive
days;
(ii) the roster is
to rotate weekly and runs from either Monday to Friday or Sunday to Thursday;
(iii) where three
shifts per day are being worked, the order of rotation of shift is day shift to
night shift, from night shift to afternoon shift, and from afternoon shift to
day shift.
(iv) Employees must
not be required to work more than two consecutive working weeks on afternoon
and/or night shift in any period of three working weeks,
unless the Employee requests this arrangement and the Employer agrees.
(f) For
Professional Engineers engaged on temporary night shift work:
(i) temporary
shift work is worked between Sunday to Thursday inclusive or Monday to Friday inclusive;
(ii) arrangements
for temporary shift work must be by agreement with the Employer provided that
the choice of shift patterns does not prevent the Employer from applying shift
work provisions to other Employees;
(iii) for the purpose
of this subclause, ‘temporary shift work’ means shift work for up to 2 weeks;
(iv) The following
loadings for ordinary shift hours apply, whether worked as a single shift or as
a combination of shifts:
|
Shift
|
Loading
|
|
Early morning
|
12.5%
|
|
Afternoon
|
25.0%
|
|
Night
|
50.0%
|
(v) if a normal
shift is worked between Monday and Friday, the Friday shift starts before and
finishes after midnight Friday. If a normal shift is worked between Sunday and
Thursday, the Sunday shift starts before midnight Sunday;
(vi) Employees who
work according to a temporary shift work arrangement on a Saturday, Sunday or
public holiday must be paid overtime rates provided Friday shifts referred to
in (v) above are paid at ordinary rates and Sunday shifts referred to in (v)
above are paid at ordinary shift rates after midnight Sunday.
(vii) Employees who
work in excess of the agreed ordinary shift work hours
on Sunday to Thursday or Monday to Friday (excluding public holidays) shall be
paid double-time.
(viii) Employees who
are required to work temporary shift work must be given at least 48 hours’
notice. If shift hours are changed, Employees must be notified by the finishing
time of their previous shift;
(ix) Employees must
not work more than one ordinary shift on any one day (e.g.
a day shift and a night shift). If Employees are required to work a second
shift on a given day, the second shift is paid as overtime;
(x) Employees who
work according to a temporary shift arrangement of less than five consecutive
working days (and this is not due to their actions), shall be paid overtime
rates. Any public holidays, ADOs or leave is counted as single days worked and
forms part of the calculation towards the completion of five consecutive days;
(xi) Unless provided
for in this clause, no Employee who is employed during ordinary working hours
shall be employed on afternoon or night shifts except at overtime rates.
(g) Professional
Engineers engaged in shift work who are required to work more than two
consecutive working weeks on afternoon and/or night shift in any period of
three working weeks, other than for the reasons outlined in subclause 24.7(b)
(shift work rosters), are to be paid time and one half for all ordinary time
worked on the afternoon and/or night shift in excess of two consecutive weeks,
until the shifts are rotated.
25. Overtime
25.1 Application of
this Clause
(a) With the
exception of subclause 25.3, the provisions of this Clause shall not apply to
Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 43 shall apply);
(ii) DRIVES Help
Desk Employees (in which case the provisions of clause 44 shall apply);
(iii) Work Support
Employees (in which case the provisions clause 45 shall apply);
(iv) Traffic Supervisors
(in which case the provisions of clause 46 shall apply);
(v) Shift Managers
and Operations Coordinators in the RTOC (in which case the provisions of clause
48 shall apply).
(vi) Sydney Harbour
Bridge Control Room Employees (in which case the provisions of 49 shall apply)
(c) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the Specific Provisions shall
prevail to the extent of any inconsistency.
(d) Where overtime
occurs on a regular basis, the overtime will be allocated equitably, and
rotated amongst available Employees.
25.2 Payment for
Overtime
(a) Unless
prescribed in the Specific Provisions, or any other subclause contained in this
Award (including 24.5(b), time off in lieu) applies, any hours worked in
addition to or outside the ordinary hours of work shall be paid overtime at the
rate of time and a half for the first two hours and double time thereafter
subject to the provisions contained in subclause 25.2. For this purpose, each
period of overtime shall stand alone.
(b) For Salaried
Employees (including COIs), other than Shift Workers:
(i) who
are called out for emergency duty other than on a Saturday, Sunday or public
holiday shall be paid a minimum payment of three hours work at overtime rates;
(ii) overtime rates
shall not be paid for periods of less than one quarter of an hour.
(c) For Salaried
Employees and Professional Engineers working under flexible working hours:
(i) payment
of overtime will be made only where the Employee works approved overtime;
(ii) any hours
approved to be worked outside the Employee’s ordinary hours of duty, if working
a standard hours arrangement, or outside the
bandwidth, if working under a flexitime arrangement, shall be overtime and
managed in accordance with overtime provisions of the Award;
(iii) the Employer
may request an Employee who works under a flexitime arrangement to work
overtime where they want an Employee to work more than 8 ordinary hours within
the bandwidth (excluding breaks) in any one day. Where an Employee agrees to the request, such
hours shall be paid as overtime;
(iv) the Employer may
request an Employee who works under a flexitime arrangement to work overtime
where they want an Employee to work between 7.00am and 7.30am or 6.00pm and
7.00pm. An Employee can choose to accept
or decline such a request. If an
Employee accepts the request the time worked will be counted and paid as
overtime.
(v) where overtime is
worked prior to the bandwidth and is continuous with ordinary hours, such
overtime shall continue to 7.30am, after which time flex hours shall accrue;
and
(vi) where overtime
is worked after the bandwidth and is continuous with ordinary hours, such overtime
shall commence at 6pm, at which time flex hours shall cease to accrue.
(d) Works
Supervisors and Surveillance Officers who work their normal accrued day off
shall be entitled to claim overtime at Saturday rates for the hours worked.
Additionally, they shall be entitled to an alternative day off in the next four week cycle. Provided that agreement is reached between
employees concerned and the employer, up to four ADOs may be accumulated.
(e) For Salaried
Employees (including COIs and Employees on Field Work), the following Employees
shall not, without the special approval of the Employer, be paid for any
overtime worked by them:
(i) Employees
who are paid a special allowance in lieu of overtime;
(ii) Administration
and Clerical Employees whose salary, and allowance in the nature of salary,
exceed that of the top step of USS Grade 9;
(iii) Employees
engaged on field work who are directed to work 38 hours per week shall be paid
a loading at the rate of 8.5% of salary; provided that
overtime shall be paid for time so worked in excess of 8 hours on any one day
or 40 hours in any one week or outside the spread of hours worked by Employees
on field work.
(f) For
Professional Engineers, there is no entitlement to be paid overtime if:
(i) the
Employee is paid an allowance in lieu of overtime;
(ii) prior approval
has not been given by the Employer to approve overtime; or
(iii) the period of
overtime worked is less than 15 minutes.
Employees at Professional Engineer Level 3 and above
must have approval to work overtime from the Employer. Any overtime approved
will normally be calculated at the top step of Professional Engineer, Level 2
unless the Employer authorises payment calculated on the Employee’s substantive
rate.
(g) All overtime required to be worked
shall be approved in advance by the Employer. Overtime payments are calculated
exclusive of any shift loadings and are based on the Employee’s ordinary rate
of pay.
25.3 Reasonable
Overtime
(a) The Employer may
require an Employee to work reasonable overtime at overtime rates. An Employee
may refuse to work overtime in circumstances where the working of overtime
would result in the Employee working hours which are unreasonable. For the
purposes of this clause what is unreasonable or otherwise will be determined
having regard to:
(i) any
risk to the Employee’s health and safety;
(ii) the Employee’s
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Employer regarding the working of overtime, and by the
Employee of their intention to refuse the working of overtime; or
(v) any other
relevant matter.
25.4 Overtime Meal
Break and Allowance
(a) Unless prescribed
otherwise in subclause 25.4 or any other Specific Provisions, Employees who
work more than one and a half hours overtime after their ordinary hours are
entitled to a unpaid meal break and a meal allowance
as set out in Item 2 of Schedule B.
(b) Salaried
Employees who work overtime that extends beyond 2.00pm on Saturday/Sunday or a
public holiday shall be provided with an unpaid meal break of at least 30
minutes and a meal allowance as set out in Item 2 of Schedule B.
(c) For Salaried
Employees, unless the Employee has been notified at least 24 hours in advance
of the requirement to work on a day or shift on which they had been rostered
off, they shall be paid a meal allowance as prescribed in Item 2 of Schedule B.
(d) Salaried
Employees and Professional Engineers engaged in shift work, who work more than
one and a half hours overtime after an afternoon or night shift will be paid a
meal break of 30 minutes, counted as time worked and calculated at the overtime
rate of pay. In such case, Employees are also entitled to a meal allowance as
set out in Item 2 of Schedule B.
(e) Professional
Engineers who work more than 2 hours overtime after their ordinary hours
finishing time are entitled to a meal break and a meal allowance as set out at
Item 2 of Schedule B.
(f) Professional
Engineers who resume work after their overtime meal break who then work a
further five hours overtime, are entitled to an additional meal break and a
meal allowance.
(g) Employees who
work overtime and are provided with a meal are not entitled to payment of a
meal allowance.
(h) Employees are
provided a meal allowance on the condition that:
(i) money
was spent in obtaining the meal,
(ii) at least a 30 minute meal break was taken either before or during
working the overtime,
(iii) work was
resumed after the meal break, unless there is an acceptable reason for taking
the meal at the end of the overtime period,
(iv) the time taken
for the meal break is not regarded as time worked.
(i) During
paid meal breaks Employees must remain available to carry out duties if
required.
25.5 Working overtime
on a Saturday, Sunday or Public Holiday
(a) For Salaried
Employees (including COIs) and Professional Engineers, and unless Specific
Provisions or any other subclause in this Award applies:
(i) subject
to subclause 25.5(a)(ii) and (iii), any overtime hours worked on a Saturday
shall be paid at the rate of time and a half for the first two hours and double
time thereafter;
(ii) for Salaried
Employees on Field work who work shift work hours, an ordinary night shift that
commences before and extends beyond midnight Friday shall be regarded as a
Friday shift;
(iii) for
Professional Engineers on temporary night shift, Friday shifts which start
before and finish after midnight on Friday shall be paid at ordinary shift
rates, and Sunday shifts which start before midnight Sunday are paid at
ordinary rates after midnight on Sunday;
(iv) any overtime
hours worked on a Sunday shall be paid at the rate of double time;
(v) any overtime
hours worked on a public holiday shall be paid at the rate of double time and a
half;
(vi) Employees who
work overtime on a Saturday, Sunday, or public holiday shall be paid a minimum
payment of three hours work at the appropriate overtime rate where the overtime
is not at the end or beginning of the ordinary hours worked on a Saturday, Sunday or public holiday.
(b) Salaried Employees
and Professional Engineers who work overtime on a Saturday, Sunday or Public
Holiday may, within two working days following so working, elect to take leave
in lieu of payment for all or part of the Employee’s entitlement in respect of
the hours so worked (i.e. time for time), provided
that:
(i) leave
in lieu of payment shall be taken at the convenience of the Employer;
(ii) such leave in
lieu shall be taken in multiples of a quarter-day only (or minimum period of
one hour for Professional Engineers);
(iii) the maximum
period of leave in lieu that may be allowed in respect of any one period of
overtime worked shall be one day;
(iv) leave in lieu
shall be taken within one month of the date of election, except in the case of
leave in lieu in respect of work performed on a public
holiday, in which case an Employee may elect to have such leave in lieu added
to annual leave credits;
(v) an Employee
shall be entitled to payment for the balance of any entitlements not taken as
leave in lieu.
25.6 Minimum Rest
Period
(a) For Salaried
Employees (including COIs), and unless specific provisions apply, Employees
shall not be required to be on duty for more than 16 consecutive hours. After
being on duty for 16 consecutive hours an Employee shall take a rest break of
at least four consecutive hours and where the Employee is directed to resume
without having a rest break of eight consecutive hours payment shall be at the
rate of double ordinary time until the Employee is released from duty for eight
consecutive hours. Any rostered working time occurring during such absence
shall be paid for at the appropriate shift work rates.
26. Flexible Working
Practices
26.1 The Employer
recognises the importance of ensuring Employees maintain a work/life balance.
Workplace flexibility underpins Employee performance and productivity and is a
key contributor to the achievement of the Employers’ corporate objectives. It
also contributes to the attraction and retention of people with valuable skills
and assists the participation of diverse groups in the workforce.
26.2 Flexible work arrangements may be agreed
between the Employer and the Employee.
26.3 In addition to
leave and flex-time/time in lieu (TIL) initiatives, examples of workplace
flexibility initiatives that can be considered include:
(a) Teleworking
(including working from home or a specified Telecentre) Remote working
(including working from home).
(b) Changing from
full-time to part-time employment on a temporary or permanent basis
(c) Job-sharing
(d) Phased
retirement arrangements in accordance with published procedures
(e) Varying hours
of work including bandwidth and when work is performed.
(f) Other
negotiated flexible working requests
26.4 The Employer
supports a number of workplace flexibility initiatives and will grant an Employee’s request for flexible working options subject to
the arrangements maintaining business efficiency and productivity. Where it is
not possible to accommodate such a request:
(a) the Employer is
to provide the Employee within a reasonable time:
(i) the
reason(s) the request cannot be granted;
(ii) any alternative
arrangements the Employer can provide the Employee; and
(iii) any other
relevant information that will assist the Employee to understand the reasons
the request has been rejected.
(b) Should no
alternative arrangements be provided, the Employee may apply to the delegated officer in accordance with
relevant policies, procedures and guidelines, for
review and a written response will be provided
to the Employee
(c) Should no
agreement be reached following the steps outlined above, the Employee may
choose to have the matter progressed under clause 5 DSP.
26.5 Consideration and
approval of flexible working initiatives is in accordance with the relevant Policies, Procedures and
Guidelines.
26.6 Right to
Disconnect
(a) The Employer
and their Employees will respect Employees time outside of normal hours of
work, including periods of absence on approved leave. The Employer will not
rely upon a failure to respond to communications outside of normal hours of
work for disciplinary or performance management purposes.
(b) For the purposes
of this subclause normal hours of work are::
(i) an
Employee’s set standard hours in accordance with
clause 23.2 (d);
(ii) agreed flexible
start and finish times for Employees working flexible hours,
(iii) a shift
worker’s rostered shifts;
(iv) an employee’s
overtime hours; or
(v) the hours an
employee is on – call.
(c) This subclause
will not apply to the communication of shift changes.
SECTION 5 - LEAVE AND PUBLIC HOLIDAYS
27. Annual Leave
27.1 Application of
this Clause
(a) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to Shift Managers and Operations Coordinators in
the RTOC (in which case the provisions of clause 48 shall apply).
(b) Should any
Specific Provisions in relation to annual leave be inconsistent with the
General Provisions outlined in this clause, then the Specific Provisions shall
prevail to the extent of any inconsistency.
(c) Subject to this
clause, annual leave is in accordance with the Annual Holidays Act 1944
(NSW), as in force from time to time.
27.2 Where operational
requirements permit, the wishes of the Employee will be taken
into account on the time annual leave is taken.
27.3 Employees accrue annual
leave at the rate of one and two-thirds days per month from the date of
appointment. Employees entitled to an extra week’s annual leave, accrue the
additional annual leave at the appropriate rate.
27.4 An Employee is
entitled to be paid in advance for periods of approved annual leave.
27.5 Additional
Conditions applicable to Salaried Employees
(a) The
following Salaried Employees are entitled to accrue 5 additional days of annual
leave per annum accruing daily if:
(i) they
are in receipt of a Remote Area Allowance prescribed in subclause 21.6;
(ii) they are
stationed at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga, Narrandera,
West Wyalong, Finley, Deniliquin, Gunnedah or
Narrabri; or
(iii) they are
employed on a six or seven-day week three shift roster.
(b) Salaried
Employees entitled to accrue five days additional annual leave per annum in
accordance with subclause 27.5(a) can cash out the monetary value of the
additional five days leave once in any twelve month
period.
(c) Annual leave
will not accrue during any period that a Salaried Employee is absent without
pay if the period of absence exceeds 28 consecutive days.
(d) Salaried
Employees must take at least two consecutive weeks of annual leave every 12
months, unless otherwise approved in special circumstances.
(e) The Employer
may notify Salaried Employees when accrued annual leave reaches six weeks.
Salaried Employees may be directed to take at least two weeks annual leave
within three months of the notification at a time convenient to the Employer.
(f) The Employer
may notify Salaried Employees when accrued annual leave reaches eight weeks.
Salaried Employees will be directed to take at least two weeks annual leave
within six weeks of the notification at a time convenient to the Employer.
27.6 Additional
Conditions applicable to Professional Engineers
(a) Professional
Engineers are entitled to accrue five additional days of annual leave per annum
accruing monthly if:
(i) they
are in receipt of a Remote Area Allowance in accordance with subclause 21.6; or
(ii) their
headquarters is at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga,
Narrandera, West Wyalong, Finley, Deniliquin, Gunnedah
or Narrabri; or
(iii) they are employed
as a six or seven-day continuous shift worker.
(b) Professional
Engineers entitled to accrue five days additional annual leave per annum in
accordance with subclause 27.6(a) can cash out the monetary value of the
additional five days leave once in any twelve month
period.
(c) Professional
Engineers do not accrue annual leave during periods of leave without pay which
exceed more than 20 consecutive working days.
27.7 Conditions
applicable to Maritime Employees
(a) The following
Maritime Employees are entitled to accrue 5 additional days of annual leave per
annum accruing daily:
(i) Boating
Safety Officers, Senior Boating Safety Officers and Boating Education Officers
working weekends and public holidays;
(ii) Maritime
Environmental Services Team Leaders and Maritime Environmental Service
Officers; and
(iii) Maritime
Employees 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 (NSW).
(b) Maritime
Employees are subject to the specific provisions regarding the taking of annual
leave contained in section 8 of Part B.
(c) The maximum
annual leave balance of a Maritime Employee will be no more than 30 days (or
pro rata equivalent for part-timers) by the end of the NSW school holidays in
July each year. Where an Employee does not voluntarily schedule leave to meet
the required target the Maritime Employee will be directed to take leave.
(d) An Employee may
elect, with the consent of the Employer, to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
time agreed by the parties in order to meet their
personal carer’s responsibilities.
(e) A Maritime
Employee may elect, with the Employer’s Agreement, to take annual leave at any
time within a period of 24 months from the date at which it falls due in order to meet their personal carer’s responsibilities.
27.8 Payment of Leave Upon
Cessation of Employment
(a) When Employees
cease employment with the Employer, they will be paid the value of their annual
leave as a lump sum.
(b) The monetary
value of their leave is calculated based on the number of working days
accumulated and includes any public holiday that would have occurred if that
time had been worked.
(c) Salaried
Employees and Professional Engineers may elect, prior to their last day of
employment, to take either the whole or part of their annual leave due on their
last day as annual leave, instead of receiving a lump sum payment in lieu of
the leave.
(d) If subclause
27.8(c) applies then:
(i) annual
leave continues to accrue during the period taken as annual leave and this
accrual is paid on the final date of service,
(ii) the ordinary
rate of pay will be increased by any increment which the Employee becomes
eligible for during the period of annual leave, and
(iii) the final date
of service is recognised as the final day of the annual leave taken.
27.9 Sick Leave While
on Annual Leave
(a) Employees who
are sick during annual leave and wish to claim sick leave must provide a
satisfactory medical certificate for that period.
(b) If approved, the
annual leave accrual is re-credited with that equivalent period of sick leave.
(c) Employees are
not entitled to claim sick leave when on annual leave if the annual leave has
been taken in conjunction with a resignation or the termination of services, unless the Employee is retiring.
27.10 Annual Leave
Loading for Salaried Employees
(a) Salaried
Employees will receive, in addition to payment for annual leave, a leave
loading of 17.5% of the monetary value of up to 4 weeks annual leave accrued in
a Leave Year calculated up to a maximum salary of USS Grade 11.
(b) The annual leave
loading shall be paid to Salaried Employees subject to the following
conditions:
(i) The
full entitlement to the loading on annual leave that a Salaried Employee has accrued
over the previous Leave Year will be paid on the first occasion after 1
December in any year a Salaried Employee takes sufficient leave to permit them
to be absent from duty for at least two consecutive weeks, of which at least
one week is annual leave. The loading will apply only to leave accrued in the
year ending on the preceding 30 November, up to a maximum of four weeks.
(ii) In the event of
no such absence occurring by 30 November of the following year, a Salaried
Employee will be paid the monetary value of the annual leave loading payable on
leave accrued as at 30 November of the previous Leave
Year in a pay following 30 November.
(iii) Shift Workers -
Unless determined otherwise, shift workers proceeding on annual leave are to be
paid in respect of leave taken in any period of 12 months commencing 1
December, shift premiums and penalty rates (or other allowance paid on a
regular basis in lieu thereof) they would have received had they been on duty
or the 17.5 percent annual leave loading as herein prescribed, whichever is the
more favourable. Payment of shift
premiums and penalty rates shall not be made for public holidays which fall on
a seven-day shift worker's rostered day off. In the case of seven-day
continuous shift workers, the 17.5per cent annual leave loading is to be
calculated on the basis of 17.5 per cent of five weeks
ordinary salary.
(iv) On cessation of
employment, other than termination of the Salaried Employee for misconduct, a
Salaried Employee who has not taken annual leave qualifying them for payment of
the annual leave loading since the preceding 1 December shall be paid the
loading, which would have been payable had such leave been taken.
28. Sick Leave
28.1 Application of
this Clause
(a) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to Shift Managers and Operations Coordinators in
the RTOC (in which case the provisions of clause 48 shall apply).
(b) Should any
Specific Provisions in relation to sick leave be inconsistent with the General
Provisions outlined in this clause, then the Specific Provisions shall prevail
to the extent of any inconsistency.
(c) An Employee is
entitled to take paid accrued sick leave in accordance with this clause, for
periods where the Employee is unable to perform their duties because of an
illness or injury. Paid sick leave will not be granted during periods of Leave
Without Pay.
28.2 Entitlement and
Accrual for Employees
(a) Sick leave on
full pay accrues day by day to Salaried Employees at the rate of 15 days for
each year of service and is cumulative.
(b) At the
commencement of employment with the Employer Employees will be granted an
accrual of 5 days sick leave.
(c) After the first
four months of employment Employees shall accrue sick leave at the rate of 10
working days per year for the balance of the first year of service.
(d) After the first
year of service Employees shall accrue sick leave fortnightly at the rate of 15
working days per year of service.
(e) Additional
Special Sick leave may be granted in the following circumstances:
(i) the
person has 10 or more years of continuous service;
(ii) the person has
been or will be absent for more than three months; and
(iii) the person has
exhausted or will exhaust available paid sick leave.
The additional period of sick leave may be granted on the basis of one month for each completed 10 years of
service plus 10 calendar days, less all Additional Special Sick Leave taken
during service.
(f) Extended
Special Sick Leave may be granted at the discretion of the Employer in the
following circumstances:
(i) Where
an Employee has exhausted the grant of all forms of sick leave that are
available to the Employee, application may be made to the Employer for Extended
Special Sick Leave.
(ii) Extended
Special Sick Leave is designed for long term illness or injury and may only be
sought after other forms of sick leave have been exhausted.
(iii) The Employer
will require medical evidence to support such applications.
(g) Employees who
are ex-services personnel and have an a war caused
disability (being an illness or injury resulting from armed service in a
recognised war zone) accepted by the Department of Veterans’ Affairs will be
granted additional sick leave entitlement of 15 days per calendar year
non-cumulative.
28.3 Entitlement and
Accrual for Professional Engineers
(a) At the
commencement of employment with the Employer, a full time Professional Engineer
is granted an accrual of 5 days sick leave.
(b) After the first
four months of employment, the Professional Engineer shall accrue sick leave at
the rate of 10 working days per year for the balance of the first year of
service.
(c) After the first
year of service, the Professional Engineer shall accrue sick leave fortnightly
at the rate of 15 working days per year of service.
(d) Sick leave is
cumulative.
(e) An additional
period of sick leave may be granted in the following circumstances:
(i) the
person has 10 or more years of continuous service;
(ii) the person has
been or will be absent for more than three months; and
(iii) the person has
exhausted or will exhaust available paid sick leave.
The additional period of sick leave may be granted on the basis of one month for each completed 10 years of
service plus 10 calendar days, less all Additional Special Sick Leave taken
during service.
(f) Employees who
are ex-services personnel and have a war caused disability (being an illness or
injury resulting from armed service in a recognised war zone) accepted by the
Department of Veterans’ Affairs will be granted additional sick leave
entitlement of 15 days per calendar year non-cumulative.
(g) Sick leave
without pay shall count as service for the accrual of annual leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
28.4 Notification and
Evidence requirements
(a) An Employee
must inform the Employer as soon as reasonably practicable that they are unable
to perform duty because of illness. This must be done as close to the
Employee’s starting time as possible.
(b) The granting of
paid or unpaid sick leave is subject to the Employee:
(i) providing
notice of the absence as per subclause 28.4(a); and
(ii) appropriate
evidence requirements in subclause 28.4(c)-(f).
(c) For Salaried
Employees and Professional Engineers (other than Maritime Employees), an
Employee absent on account of sickness for more than two consecutive days, or a
total of five days in any one year, or when otherwise requested by the
Employer, must provide medical certificates or other evidence showing the
nature of the illness and its probable duration.
(d) In the case of extended
absence, an Employee may be required to furnish fresh medical certificates each
week or submit to an examination by a medical practitioner nominated by the
Employer.
(e) Maritime
Employees absent on account of sickness must provide a valid medical
certificate for any period exceeding 5 days in any one year or when otherwise
requested by the Employer.
(f) Backdated
medical certificates will not be accepted. If an Employee 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 Employer is satisfied that the reason
for the absence is genuine.
(g) If the Employer
is concerned about the diagnosis described in the evidence of illness produced
by the Employee, after discussion with the Employee, the Employee’s application
for leave and the evidence provided can be referred to an approved medical
practitioner for advice. The type of leave granted to the Employee will be
based on such advice. If sick leave is not granted, the Employer will consider
the wishes of the Employee when determining the type of leave to be granted.
(h) Employees on an
Absence Management Program may not be offered or directed to work overtime.
29. Carer’s Leave
29.1 Carer’s Leave may
be available to assist Employees in relation to categories of persons who need
the Employee’s care and support to provide such care when a specified person is
ill.
29.2 Entitlement for
Salaried Employees and Professional Engineers
In this subclause ‘Employee’ means Salaried Employees
and Professional Engineers.
(a) Employees will
be able to elect to use available paid sick leave that has been accumulated
over the previous three years, subject to the conditions specified in this
subclause, to provide short term care and support when a person identified in
subclause 29.2(d) is ill and requires the Employee’s care and support.
(b) In special
circumstances, Employees may be granted additional sick leave from their sick
leave entitlement accumulated during their employment.
(c) Employees will
be entitled to Carer's Leave when:
(i) their
entitlements to FACSL is exhausted; and
(ii) they are
responsible for the care and support of a category of person set in subclause
29.2(d).
(d) Employees will be
entitled to Carer's Leave for the care and support of an ill:
(i) Family
Member;
(ii) relative who is
a member of the same household where, for the purposes of this definition:
(A) 'relative' means
a person related by blood, marriage, affinity or Aboriginal kinship structures;
(B) 'affinity' means
a relationship that one spouse or partner has to the relatives of another; and
(C) 'household'
means a family group living in the same domestic dwelling.
(e) The Employee
shall, if required:
(i) establish
either by production of a medical certificate or other acceptable
documentation, the illness of the person concerned and that the illness is such
as to require care by another person; or
(ii) establish by
production of acceptable documentation, the nature of the emergency and that
such emergency resulted in the person concerned requiring care by the Employee.
(f) In normal
circumstances, an Employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
29.3 Entitlement for
Maritime Employees
(a) Paid leave of
up to 5 days per calendar year may be granted to Maritime Employees to provide
short term care or support when a person identified in subclause 29.2(d)
(Carer’s Leave Entitlement for Salaried Employees and Professional Engineers)
is ill and requires the Employee’s care and support.
(b) Paid Leave may
also be provided for Maritime Employees in the case of the death of a person
identified in subclause 29.2(d) (Carer’s Leave Entitlement for Salaried
Employees and Professional Engineers). In the case of bereavement, if carer’s
leave has been exhausted, then Special Leave can be requested. Casual Employees, although not entitled to
payment for Carer’s Leave or Bereavement Leave, shall be entitled to not be
available to attend work or to leave work upon the death of a family member in
Australia, and subject to satisfactory evidence.
(c) For Casual
Employees engaged in Maritime, who seek to not be available to attend work upon
the death of a family member, the period of which the Employee will be entitled
to not be available to attend work shall be agreed to between the parties, or
in the absence of agreement the Employee is entitled to not be available to
attend work for up to 48 hours per occasion. The Employer must not fail to
re-engage a casual Employee because they accessed such leave, and the rights of
the Employer to engage or not engage a Casual Employee are not affected. The
Casual Employee should, as soon as reasonably practicable, inform the Employer
or their inability to attend for duty.
(d) If carer’s leave
has been exhausted, then untaken sick leave of up to 5 days a year may be accessed
for the current year and the three previous years.
(e) A Maritime
Employee may elect, with the consent of the Employer, to take annual leave not
exceeding ten days in single-day periods, or part thereof, in any calendar year
at a time or time agreed by the parties in order to
meet their carer’s responsibilities.
(f) A Maritime
Employee may elect with the Employer’s agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due in order to meet their carer’s responsibilities.
(g) The Employee
shall, if required, establish either by production of a medical certificate or
other acceptable documentation, the illness of the person concerned and that
the illness is such as to require care by another person.
29.4 Entitlement for
casual Employees
(a) Casual
Employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause 29.2(d) who is sick and
requires care due to an unexpected emergency, or the
birth of a child.
(b) The Employer and
the 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 Employee is not entitled
to any payment for the period of non-attendance.
(c) If required by
the Employer, the Employee must establish, by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(d) The Employer
will not fail to re-engage Casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of
the Employer to otherwise engage or not engage Casual Employees are not
affected.
30. Family and
Community Service Leave
30.1 Employees may be
granted FACSL for reasons related to unplanned and emergency family
responsibilities or other specified emergencies and may include, but are not
limited to, the following:
(a) for reasons
related to responsibilities for a Family Member;
(b) for reasons
related to the death of a Family Member or relative;
(c) for reasons
related to performance of community service;
(d) in case of
pressing necessity, natural disaster or major
transport disruption, or
(e) for the purpose
of adoption interviews or examinations.
30.2 The maximum
amount of FACSL that an Employee will accrue at ordinary rates is:
(a) two and a half days
in the first 12 months of service;
(b) two and a half
days in the second year of service; and
(c) one day for
each completed year of service, less the total amount of any FACSL already
taken by the Employee.
30.3 Part-time
Employees are entitled to FACSL on a pro-rata basis, based on the number of
hours worked.
30.4 If available
FACSL is exhausted, on the death of a Family Member or relative, additional
paid FACSL of up to 2 days may be granted on a discrete, per occasion basis to
a Professional Engineer (or up to 3 days if the Employee is a Salaried
Employee).
30.5 If available
FACSL is exhausted as a result of natural disasters,
the Employer shall consider applications for additional FACSL if some other
emergency arises.
30.6 The Employer may also
grant Employees other forms of leave such as accrued annual leave, time off in
lieu and flex leave for family or community service responsibilities.
30.7 Employees who
have had immediate previous employment in the NSW Public sector may transfer
their FACSL from their previous Employer.
30.8 Bereavement Leave
for Casuals
(a) Casual
Employees are entitled to be unavailable to work, or may leave work, if a
Family Member or relative as defined in subclause 29.2(d) (Carer’s leave) dies.
(b) Casual Employees
can be unavailable to work for up to 48 hours (two days
work). However, the Employee and the Employer can also make an agreement on a
timeframe for the absence that is either longer or shorter than 48 hours (or
two days), as required. This agreement must be made before the Employee is
absent from work or makes them self-unavailable to work.
(c) Casual
Employees will not be paid when they are unavailable to work or leave work in
accordance with this clause.
(d) The Employer may
require casual Employees to produce evidence, such as a death certificate or
statutory declaration, providing details of the circumstances of the death.
(e) The Employer
will not fail to re-engage casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of
the Employer to otherwise engage or not engage casual Employees are not
affected.
31. Parental. Leave
31.1 Definitions
For the purpose of
this clause:
“Partner”
includes a de facto spouse, former spouse or former de
facto spouse. The Employee’s de facto spouse means a person who is the
Employee’s husband, wife or same sex partner on a bona
fide domestic basis, whether or not legally married to the Employee. For the
avoidance of doubt, all the relationships identified in this definition apply
regardless of the gender or sex of those in the relationship.
“Primary
Responsibility” means the person who meets the child’s physical needs more than
anyone else, including feeding, dressing, bathing and otherwise supervising the
child. Only one person at a time can have primary responsibility for the child
or children.
“Miscarriage”
means a pregnancy that ceases prior to 20 weeks gestation or, where the number
of weeks is unknown, the baby weighed less than 400g.
“Pre-term
birth” means the birth of a live child prior to 36 weeks gestation.
“Full-term
birth” means the birth of a live child at 37 weeks onwards.
31.2 Unpaid Parental Leave
Employees
after 40 weeks continuous service are entitled to a combined total of 104 weeks
unpaid parental leave on a shared basis with their Partner in relation to the
birth, adoption or surrogacy birth of their child.
Paid parental leave, annual leave and extended leave can be taken within the
total period of unpaid parental leave but do not extend the 104
week unpaid parental leave period.
31.3 Paid Parental Leave
(a) An Employee who has or will have completed
not less than 40 weeks continuous service (at the time of the birth, adoption or surrogacy birth) is entitled to up to 14 weeks
Paid Parental Leave, provided the Employee has or will have Primary
Responsibility for the care of their child (or children) at the time of birth,
adoption or surrogacy birth.
(b) Paid Parental Leave must be taken within
12 months from the date of birth, adoption or surrogacy birth, pregnant
Employees may commence leave up to 9 weeks prior to the date of birth.
(c) Paid parental leave may be taken at full
pay, half pay or as a lump sum.
(d) Where the pregnancy ends, not in the birth
of a living child, within 28 weeks of the expected date of birth, the Employee
may elect to take paid or unpaid parental leave or sick leave and negotiates
their date of return to work with the Employer.
31.4 Paid Other Parent Leave
An employee
who has at least 40 weeks continuous service (at the time of the birth, adoption or surrogacy birth, irrespective of when the
employee elects to take the paid leave under this clause) and who will not have
Primary Responsibility for the care of their Child at the time of the birth,
adoption or surrogacy birth, is entitled to:
(a) Up to 2 weeks paid parental leave at the
time of the birth, adoption or surrogacy birth when
they do not have Primary Responsibility (which may be taken concurrently with
the employee’s Partner); and
(b) Up to 12 weeks additional paid parental
leave within the first 12 months from the date of birth or adoption of the
child provided that the Employee assumes Primary Responsibility for the care of
the child during the 12 week period; and the
employee’s Partner is not concurrently taking Primary Responsibility for the
care of the child.
(c) Paid other parent leave may be taken at
full pay, half pay or as a lump sum
31.5 Simultaneous Unpaid Parental Leave
An unbroken
period of up 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 or
altruistic surrogacy, from the date of taking custody of the child. The request
may only be refused on reasonable grounds. This period is inclusive of the 2 weeks paid other parent leave taken at
the time of birth.
31.6 Special Pre-Term Parental Leave
(a) Where an Employee or the Partner of an
Employee gives birth to a pre-term child (prior to 37 weeks), the parent with
Primary Responsibility, who has, or would have if not for the pre-term birth,
completed 40 weeks continuous service at the expected due date, is entitled to
paid special pre-term parental leave from the date of birth of the child up to
the end of 36 weeks.
(b) Immediately following the period of
paid special pre-term parental leave and at the commencement of 37 weeks, paid
parental leave of up to 14 weeks will apply to the parent with Primary
Responsibility.
31.7 Miscarriage Leave
(a) Where an employee or the Partner of an employee
miscarries, an employee is entitled to five days paid special miscarriage leave
on each occasion a pregnancy ceases by way of miscarriage up to 20 weeks’
gestation.
(b) Special miscarriage leave will commence
from the date the miscarriage occurs and is to be taken in one continuous
block.
31.8 Special Adoption Leave
(a) An Employee is entitled to special
adoption leave (without pay) for up to 2 days to attend interviews or
examinations for the purposes of adoption. As an alternative to special adoption
leave an Employee can elect to charge the period of leave against annual leave,
extended leave, flex leave or family and community service leave
31.9 Subsequent Parental Leave – rate of pay
An Employee
who commences a subsequent period of parental leave (associated with the birth,
adoption, or altruistic surrogacy) for another child within 24 months of
commencing an initial period of parental leave will be paid:
(a) at the rate (full-time or part-time) they
were paid before commencing the initial leave if they have not returned to
work; or
(b) at a rate based on the hours worked before
the initial leave was taken, where the Employee has returned to work and
reduced their hours during the 24 month period; or
(c) at a rate based on the hours worked prior
to the subsequent period of leave where the Employee has not reduced their
hours.
31.10 Alternate Duties
(a) If, for any reason, a pregnant Employee
is having difficulty in performing her normal duties or there is a risk to her
health or to that of her unborn child, the Secretary, should, in consultation
with the Employee, 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, remote working and
job redesign.
(b) If such adjustments cannot reasonably be
made, the Employee may elect, or the Employer may require the Employee to
commence parental Leave, or to access any available 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.
31.11 Communication during Parental Leave
(a) Where Employees are on parental leave and
the Employer makes a definite decision to introduce significant change at the
workplace, the Employer will take reasonable steps to:
(b) make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the Employee held before commencing parental leave; and
(c) provide an opportunity for the Employee
to discuss any significant effect the change will have on the status or
responsibility level of the position held before commencing parental leave.
(d) Employees must take reasonable steps to
inform the Employer about any significant matter that will affect the
Employee’s decision regarding the duration of parental leave to be taken,
whether the Employee intends to return to work and whether the Employee intends
to request to return to work on a part-time basis.
(e) Employees must notify the Employer of
changes of address or other contact details which might affect the Employers’
capacity to comply with the requirements of this clause.
31.12 Right to Request
(a) An Employee who has taken parental leave
in accordance with this clause may make a request to the Employer to:
(i) take leave part-time over a period not
exceeding two years, or partly full-time and partly part-time over a
proportionate period of up to two years;
(ii) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12months (on a full-time basis);
(iii) 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);
(iv) have
part-time hours structured in a way to enable carer responsibilities to be
fulfilled
(v) to assist the Employee in reconciling
work and parental responsibility
(b) The Employer shall consider a request under
subclause 31.12(a)(ii) and (iii) above having regard to the Employee’s
circumstances and, provided the request is genuinely based on the Employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the Employer's business. Such grounds
might include cost, lack of adequate replacement Employees, loss of efficiency
and the impact on customer service.
31.13 Return to Work
(a) An Employee has the right to their former
position if they have taken paid or unpaid parental leave and they resume duty
immediately after the approved leave or work on a part time basis,
(b) If the position occupied by the Employee
immediately prior to the taking of paid or unpaid parental leave has ceased to
exist, but there are other positions available that the Employee is qualified
for and is capable of performing, the Employee shall
be appointed to a position for which they are qualified subject to
availability.
(c) The Employer shall not fail to re-engage a
regular casual Employee (see section 53(2) of the Industrial Relations Act 1996
because:
(i) the Employee or the spouse is pregnant,
or
(ii) the Employee is or has been immediately
absent on parental
(iii) Provided the rights of the Employer in
relation to engagement or re-engagement of casual Employees are not affected,
other than in accordance with this clause.
31.14 Evidence Requirements
Employees
accessing leave under this clause are required to meet the evidence
requirements set out in the applicable policy/procedure as varied from time to
time.
32. Breastfeeding
Breaks
32.1 A breastfeeding
break is provided to breastfeeding mothers for the purposes of 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 in this Award.
32.2 A full time
Employee or a part time Employee working more than 4 hours per day is entitled
to a maximum of 2 paid breastfeeding breaks of up to 30 minutes each per day.
32.3 A part time
Employee working 4 hours or less per day is entitled to only 1 paid
breastfeeding break of up to 30 minutes on any day so worked.
32.4 A flexible approach
to the timing and general management of breastfeeding breaks must be taken by
the Employee and the Employer provided the total breastfeeding break time
entitlement is not exceeded. When giving consideration to
any such requests for flexibility, the Employer needs to balance the
operational requirements of the organisation with the breastfeeding needs of
the Employee.
32.5 The Employer will provide access to a
suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, will be provided where practicable.
32.6 Where it is not
practicable to provide the appropriate space or facilities, discussions between
the Employer and the Employee will take place to attempt to identify reasonable
alternative arrangements for the Employee’s breastfeeding needs.
32.7 The Employer and
Employee may be guided by the following considerations in determining the
reasonableness and practicality of any proposed alternate arrangement:
(a) whether the
Employee is required to work at a site that is not operated or controlled by
the Employer;
(b) whether the
Employee is regularly required to travel in the course of performing their duties;
(c) whether the
Employee performs field-based work where access to the facilities in subclause 0
are not available or cannot reasonably be made available; and
(d) the effect that
the arrangements will have on the Employee's breastfeeding needs.
32.8 Employees
experiencing difficulties in effecting the transition from home-based breast
feeding to the workplace will have reasonable telephone access to a free
breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association's Breastfeeding Helpline Service or the Public Health
System. Access to the service:
(a) shall be
granted during paid time;
(b) Is limited to a
reasonable period of time (i.e. if the Employee
requires extended periods of consultation, the Employee may utilise the
provisions of subclause 32.9), and
(c) must be at a
time that is mutually convenient to both the Employee and the Employer.
32.9 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breast feeding and the transition to the workplace
may utilise sick leave in accordance with clause (Sick Leave) of this Award, or
TIL, or access the flexible working hours scheme provided in clause (Hours of
Work) of this Award, where applicable.
33. Extended Leave
33.1 General
(a) Subject to this
clause, extended leave for Employees will accrue and be granted in accordance
with section 68Q (2) of the Transport Administration Act 1988 (NSW),
together with Schedule 1 of the Government Sector Employment Regulation 2014 as
in force from time to time.
(b) Extended leave
must be applied for and approved in advance. Extended leave is granted subject
to operational and other business requirements. Subject to the Employer’s
approval, extended leave may be taken at a time convenient to the Employer for
a minimum period of one hour at full pay, half pay or double pay.
33.2 Extended Leave
Entitlements
(a) An Employee who
has completed 10 years of continuous service with the Employer is entitled to
extended leave of:
(i) 44
working days at full pay, or
(ii) 88 working days
at half pay, or
(iii) 22 working days
at double pay.
(b) For each
additional calendar year of service completed in excess of
10 years, Employees accrue 11 working days extended leave.
(c) Employees who
have completed at least 7 years of continuous service with the Employer, or as
recognised in accordance with Schedule 1 of the Government Sector Employment
Regulation 2014, are entitled to access the extended leave accrual indicated in
subclause (a) above on a pro rata basis of 4.4 working days per completed year
of service.
(d) Employees who
are employed part-time, or as a casual with a regular and consistent pattern of
employment with the Employer, are entitled to extended leave on the same basis
as that applying to a full-time Employee but payment for the leave is
calculated as set out in subclause 33.3(b).
(e) All previous
full-time and part-time service with the RMS Group, the former RTA, the former
Department of Main Roads, Department of Motor Transport or the Traffic Agency,
and Maritime Authority of NSW and its predecessor organisations, in accordance
with the Government Sector Employment Act 2013 (NSW) is to be taken into
account as service when determining the appropriate rate of accrual of extended
leave for Employees employed on a full-time or part-time basis with the
Employer.
(f) Permanent
service with other NSW government bodies will also be recognised by the
Employer in accordance with the Government
Sector Employment Act 2013 (NSW). Extended Leave may also be transferred
from Commonwealth and interstate government agencies in accordance with
Schedule 2 of the Government Sector Employment Regulation 2014.
(g) Nothing in subclauses
(e) or (f) of this subclause entitles an Employee to payment for previous
service recognised where the accrual for that service has previously been taken
as leave or paid out on termination.
33.3 Payment of
Extended Leave
(a) If an
Employee’s ordinary hours of work are constant, payment is made at the current
rate of pay.
(b) Where an
Employee is part-time or casual and the Employee’s ordinary hours are not
constant, payment is made based on the substantive rate of pay averaged over:
(i) the
past 12 months, or
(ii) the past 5
years,
whichever is the greater.
(c) Payment includes all
allowances in the nature of salary but does not
include any amounts normally paid for shift work, overtime or penalty rates.
(d) Payments will be increased to reflect
any increment action an Employee becomes eligible for while absent on extended
leave.
(e) An Employee who takes
extended leave may choose to be paid fortnightly or in one lump sum in advance
of taking the leave.
33.4 Sick leave while
on Extended Leave
(a) An Employee is
only entitled to claim sick leave that occurs during an absence on extended
leave when sick for five or more consecutive working days.
(b) To claim sick
leave, an Employee must provide a medical certificate for the period claimed as
soon as possible.
(c) If sick leave
is approved, the extended leave balance is accredited with:
(i) the
equivalent period of sick leave, if taking leave on a full or half pay basis;
or
(ii) the equivalent
period of sick leave and the extra amount of extended leave entitlement
accessed to make up the double pay allowance, if taking leave on a double pay
basis.
(d) If extended
leave is taken at double pay, the Employer will recoup any allowance already
paid for the period being claimed as sick leave.
(e) These sick
leave provisions apply if an Employee takes extended leave prior to retirement
but not extended leave prior to resignation or termination of services.
33.5 Public Holidays
while on Extended Leave
(a) The days set
out in clause 41 (Public Holidays), of this Award that fall while an Employee
is absent on extended leave are not recognised as extended leave and are not
deducted from the Employee’s extended leave balance.
(b) Payment due for
the days set out in clause 41 (Public Holidays) is calculated on the Employee’s
ordinary hours of work and paid at single time, even if the Employee has chosen
to take extended leave at half-pay or double pay.
33.6 Effect of
Approved LWOP on Extended Leave Entitlements
(a) For Employees
who have completed 10 years continuous service (inclusive of service recognised
in accordance with subclauses 33.2(e) and (f)), any period of approved leave
without pay not exceeding 6 months counts for the
purpose of calculating length of service.
(b) Where a Salaried
Employee or a Professional Engineer has completed 10 years continuous service
(inclusive of service recognised in accordance with subclauses 33.2(e) and
(f)), approved LWOP for the reasons listed below counts as service for extended
leave accrual:
(i) military
service (e.g. Army, Navy or Air Force);
(ii) major
interruptions to public transport; and
(iii) periods on
leave accepted as workers compensation leave.
33.7 Payment of
Extended Leave on Termination
(a) An Employee,
who is entitled to extended leave on termination of service, including retirement,
is paid the monetary value of the leave as a gratuity, in lieu of taking the
leave.
(b) If an Employee
is employed on a full-time basis, payment is calculated at the substantive rate
of pay on the last day of service.
(c) If an Employee
is employed on a part-time or casual basis, payment is calculated as per
subclause 33.3(b).
(d) Employees who
have at least five years’ service but less than seven years’ service (inclusive
of service recognised in accordance with subclause 33.2(e) and (f)) are paid a
pro-rata of the extended leave entitlement if employment is terminated:
(i) by
the Employer for any reason other than serious and intentional misconduct;
(ii) by the Employee
in writing on account of illness, incapacity or domestic or other pressing
necessity; or
(iii) on retirement
for Salaried Employees and Professional Engineers only.
(e) In the event of
subclause 33.7(d) applying, any period of leave without pay
taken does not count as service.
34. Special Leave
34.1 Employees will be
granted special leave where they make an application and meet the requirements
specified in this clause. Payment for special leave is at the ordinary rate of
pay, exclusive of allowances, penalty rates or overtime.
(a) Jury Duty
(i) An
Employee shall, as soon as possible, notify the Employer of the details of any
jury summons served on the Employee.
(ii) An Employee
who, during any period when required to be on duty, attends a court in answer
to a jury summons will continue to be paid their ordinary rate of pay. This
payment will be reimbursed to the Employer if upon return to duty after
discharge from jury service, an Employee does not furnish to the Employer a
certificate of attendance issued by the Sheriff or by the Registrar of the
court giving particulars of attendance by the Employee during any such period
and the details of any payment or payments made to the Employee under the Jury
Act 1977 (NSW) in respect of any such period.
(iii) An Employee
must on receipt of any payment or payments made to the Employee under the Jury
Act 1977 (NSW) in respect of the period of jury duty (except for out of pocket expenses) pay that amount to the Employer.
(b) Witness at Court
- Official Capacity - When an Employee is subpoenaed or called as a witness in
an official capacity, the Employee shall be regarded as being on duty. Salary
and any expenses properly and reasonably incurred by the Employee in connection
with the Employee's appearance at court as a witness in an official capacity
shall be paid by the Employer.
(c) Witness at
Court - Crown Witness
(i) An
Employee who is subpoenaed or called as a witness by the Crown (Commonwealth or
State) will be granted special leave for the time they attend Court, provided
the Employee provides proof of allowable fees and out of pocket expenses
associated with the court attendance when submitting their leave application.
If the Employee chooses to retain the fees paid, leave such as LWOP, flex leave or annual leave must be taken.
(ii) An Employee
subpoenaed or called as a witness in a private capacity other than by the Crown
(Commonwealth or State) is not eligible for special leave and must apply for
other forms of leave such as LWOP, flex leave or annual leave.
(iii) Employee who is
subpoenaed or called as a witness in relation to matters relating to their
exposure of Domestic and Family Violence are eligible to use available leave in
accordance with clause 39.
(d) NAIDOC Week -
Aboriginal and Torres Strait Islander Employees shall be granted up to one day
special leave per year to observe National Aboriginal 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, provided the Employee
provides the Employer with reasonable notice.
(e) Special Leave -
Citizenship - Employees are granted Special Leave including travelling time to
attend their Australian Citizenship Ceremony.
(f) Domestic Violence
- When the leave entitlements referred to in clause 39 (Leave for Matters
Arising from Domestic Violence) have been exhausted, the Employer 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. Documentation
proving the occurrence of domestic violence is required and may be issued by
the Police Force, a Court, a Doctor, a Domestic Violence Support Service or
Lawyer.
(g) Blood Donation -
Special leave, including travelling time, is granted to Employees who do not
require a relief, to donate blood. Employees are expected to attend the
donation point nearest to their work location.
(h) Bone Marrow -
Employees who are listed in the Australian Bone Marrow Donor Registry and are
called on to donate are granted up to 5 days Special Leave per occasion to
donate bone marrow, subject to the production of a medical certificate from a
registered medical practitioner.
(i) Electoral
Returning Officer - Employees appointed as Returning Officers by the State
Electoral Office and who provide proof of such appointment, are eligible for:
(i) up
to 4 weeks Special Leave before the polling day or date of writ, and up to 3
weeks after polling day if required by the Electoral Commissioner;
(ii) 1 day of
Special Leave to attend a returning officer's election seminar;
(iii) up to 3 days
Special Leave to attend an election training course.
(j) Sport -
Employees are eligible for Special Leave of up to 4 weeks to compete in or officiate
at National Titles, the Olympic, Paralympic or Commonwealth Games.
(k) Retirement
Seminar - Employees approaching retirement are entitled to 2 days Special Leave
to attend retirement planning seminars conducted by the FSS Trustee Corporation
or SAS Trustee Corporation.
(l) Emergency
Services
(i) Employees
may be granted leave to attend emergencies declared in accordance with the
relevant legislation or announced by the Governor. Employees must notify the
Employer of the request for State Emergency leave as soon as possible supported
by evidence in writing of the emergency.
(ii) For any other
emergency other than a declared emergency, Employees are entitled to a maximum
of 5 days Special Leave per year. Proof of attendance at the emergency is
required.
(iii) Where an
Employee is required to attend a course approved by the Rural Fire Service, the
Employee will be granted up to 10 days Special Leave per year, subject to
operational convenience. Proof of course attendance is required.
(iv) Where an
Employee is required to attend a course required by the State Emergency
Services (SES), the Employee will be granted Special Leave for the duration of
the course, provided the SES advises the Employer that the Employee is required
to attend.
(v) Employees are
entitled to take an additional 1 day of Special Leave for rest per incident
when they attend a declared emergency for several days as an SES or RFS
volunteer.
(vi) Employees who
are Police volunteers are eligible for Special Leave to attend up to 2 training
programs per year - 3 days per program. Leave is inclusive of all travel time
and attendance per program at Goulburn Police Academy.
(m) Participation in
graduation ceremonies, and attending professional or learned societies’
conferences, etc.
(n) Ex-Armed
Services Personnel for attending RSL Conference and Congress or to attend the
Hospital Medical Review Board, etc.
(o) Duties
associated with holding official office in Local Government.
35. Examination and
Study Leave
35.1 Employees may be
granted leave to undertake study and enable them to attend examinations. The
terms and conditions on which study leave and examination leave may be granted
are set out in the RMS Group Study and Exam Leave Procedure, as amended from
time to time.
36. Military Leave
36.1 During the period
of 12 months commencing on 1 July each year, the Employer shall grant an
Employee who is a member of the Australian Defence Forces, military leave at
the ordinary rate of pay to undertake compulsory training education, instruction or parades.
36.2 Up to 24 working
days military leave per financial year shall be granted by the Employer 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 36.1 of this clause.
36.3 Employees must
provide evidence to the Employer from the commanding or responsible officer:
(a) before the
event, certifying that the Employee is a member of the defence force and
outlining that their attendance at the event is necessary; and
also
(b) after the event,
certifying the dates on which the Employee attends the event.
36.4 Unused military
leave does not accumulate.
36.5 Employees may
apply for up to one day special leave to undertake medical examinations and
tests for acceptance as a member of the Australian Defence Forces.
36.6 Employees may
apply for special leave for the minimum time necessary to travel to and/or from
annual camp provided that:
(a) the travel is
undertaken during a time when the Employee would normally be at work and
(b) the Employee
receives no pay from the Australian Defence Forces for the period granted as
special leave.
37. Purchased Leave
37.1 Salaried
Employees and Professional Engineers may apply to enter into a Purchased Leave
Agreement with the Employer to purchase either 10 days (2 weeks), 15 days (3
weeks) or 20 days (4 weeks) additional leave in a 12 month
period. Maritime Employees may apply to enter into a Purchased Leave Agreement
with the Employer to purchase either 10 days (2 weeks) or 20 days (4 weeks)
additional leave in a 12 month period.
37.2 Each application
will be considered subject to operational requirements and personal needs and
will take into account business needs and work
demands.
37.3 The leave must be
taken in the 12 month period specified in the
Purchased Leave Agreement and will not attract any leave loading.
37.4 The leave will
count as service for all purposes.
37.5 The purchased leave
will be funded through the reduction in the Employee's ordinary rate of pay for
the 12 month period of the Purchased Leave Agreement.
37.6 The reduced rate
of pay for the period of the Purchased Leave Agreement (purchased leave rate of
pay) will be the Employee's ordinary annual salary rate less the number of
weeks of purchased leave multiplied by the Employee's ordinary weekly rate of
pay, annualised at a pro rata rate over the 12 month
period.
37.7 Purchased leave
is subject to the following provisions:
(a) The purchased
leave cannot be accrued and the dollar value of unused
leave will be refunded where it has not been taken in the 12 month Purchased
Leave Agreement period.
(b) All other leave
taken during the 12 month Purchased Leave Agreement period i.e.
including sick leave, annual leave, extended leave or leave in lieu, will be
paid at the purchased leave rate of pay.
(c) Sick leave
cannot be taken during a time when purchased leave is being taken.
(d) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
(e) Overtime and
salary related allowances not paid during periods of annual leave will be
calculated using the Employee's hourly rate based on the ordinary rate of pay.
(f) A higher duties
payment will not be paid when purchased leave is being taken.
37.8 Specific
conditions governing purchased leave may be amended from time to time by the
Employer in consultation with the Union parties.
38. Observance of
Essential Religious and Cultural Obligations
38.1 Provided adequate
notice as to the need for the leave is given by the Employee to the Employer
and it is operationally convenient to release the Employee from duty, an
Employee of:
(a) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(b) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations,
will be granted annual/extended leave, flex leave or
LWOP to observe such obligations.
39. Leave for Matters Arising from Domestic and
Family Violence
39.1 General Principle
The Employer recognises that Employees may experience
domestic and family violence, and that this may have a significant impact on an
Employee’s health, safety and wellbeing, both at home
and in the workplace. The Employer is committed to taking steps to prevent
domestic and family violence and supporting Employees who experience domestic and
family violence in a manner that takes into account
the impacts of the trauma experienced by the Employee and those supporting
them.
39.2 Definition of
Domestic and Family Violence
(a) For the
purposes of this Award, domestic and family violence includes any behaviour, in
an intimate, family or domestic relationship, which is
violent, threatening, coercive or controlling, and which causes a person to
live in fear. It is usually manifested as part of a pattern of controlling or
coercive behaviour.
(b) Domestic and
family violence behaviours can include, but are not limited to:
(i) physical
and sexual violence
(ii) verbal abuse
and threats
(iii) emotional and
psychological abuse
(iv) financial abuse
(v) social
isolation
(vi) stalking
(vii) intimidation
(viii) technology
facilitated abuse
(ix) threats or
actual harm to others, pets and/or property.
(c) An intimate
relationship includes people who are or have been in an intimate partnership
whether that relationship involves or has involved a sexual relationship or
not.
(d) A family
relationship includes people who are related to one another through blood,
marriage, de facto partnerships, adoption and fostering relationships, and
sibling or extended family and kinship relationships.
39.3 Principles of
prevention and response
(a) The Employer
recognises that every Employee’s experience of domestic and family violence is
unique. In providing support for, and minimising the risk to safety of,
Employees experiencing domestic and family violence the Employer will:
(i) subject
to clause 39.3 (a)(ii), respect the agency of the Employee as the decision
maker in relation to the nature of the support they require (as outlined in
clause 0
or otherwise) and any associated communication about these supports;
(ii) prioritise the safety
of the Employee experiencing domestic and family violence, and other Employees,
in the workplace;
(iii) acknowledge
that any actions taken by the Employer may impact Employees and their
dependents safety at work and at home;
(iv) recognise the
Employee’s right to confidentiality, as outlined in clause 0,
except in instances where the safety of Employees (including other employees
not directly experiencing domestic or family violence) must be prioritised;
(v) train
identified Employees as contact officers to provide information and support to
Employees experiencing domestic and family violence;
(vi) provide
Employees with training on domestic and family violence, with a specific focus
on preventative steps and response in the workplace;
(vii) ensure that
Employees who are required to support Employees experiencing domestic and
family violence are equipped to provide evidence based
support, which acknowledges the impact of trauma, through the provision of
training and other resources;
(viii) clearly
communicate to an Employee experiencing domestic and family violence any
mandatory reporting obligations the Employer may have to comply with;
(ix) acknowledge and
take into account the Employee’s experience of domestic and family violence if
an Employee’s attendance or performance at work is
affected by domestic or family violence.
(b) The Employer
recognises that there will be Employees who use domestic and family violence.
In line with the Employer’s position against domestic and family violence the
Employer may:
(i) support
Employees to access evidence-based behaviour change supports approve any
reasonable request for flexible work arrangements to facilitate the Employee
seeking evidence-based behaviour change supports.
(ii) The Employer
may take disciplinary action against an Employee who has used domestic and
family violence, up to and including termination of employment.
39.4 Leave
(a) Full time, Part–Time, Temporary and
Casual Employees experiencing domestic or family
violence will have access to 20 days
paid leave for domestic and family violence per calendar year to support the
establishment of their safety and recovery.
(b) Paid domestic and family violence leave
will be paid at the Employee’s full rate of pay: worked out in relation to the period as if:
(i) for Employees
other than a Casual Employee, the Employee had not taken the period of leave, or;
(b) for a Casual Employee, the Employee had
worked the hours in the period that the employee was rostered.
(c) Domestic and family violence leave will
assist Employees to:
(i) attend
medical, counselling, case management, legal, police and other support services
relating to their experience of domestic and family violence,
(ii) organise alternative care or education
arrangements for their children,
(iii) attend court and other legal proceedings
relating to their experience of domestic and family violence, allow time for
the employee to seek alternate or safe accommodation,
(iv) allow time for the employee to seek
alternate or safe accommodation, and
(v) undertake other activities that will
assist them to establish safety and recover from their experience of domestic
and family violence.
(d) Domestic and Family Violence leave will be
in addition to existing leave entitlements and can be accessed without the need
to exhaust other existing leave entitlements first. This leave will be
non-cumulative and may be taken as part-days, single days
or consecutive days.
(e) Given
the emergency context in which this leave may need to be accessed, employees
can proceed to take the leave and seek approval at a later
date, as soon as practicable.
(f) When
assessing applications for Domestic and Family Violence leave, the Employer
needs to be satisfied on reasonable grounds that domestic and family violence
occurred. The Employer may require evidence and should utilise discretion as to
whether evidence, or what type of evidence is necessary to be provided and
should only require evidence to support the application for domestic and family
violence leave in exceptional circumstances.
(g) An
employee providing care and support may access their existing:
(i) Family and Community Service leave when providing care
and support to a Family Member experiencing domestic or family violence.
(ii) Carers
leave when providing care and support to a Family Member or a member of the
Employees’ household.
Care and support may include but is not
limited to, accompanying them to legal proceedings, counselling
or appointment with a medical or legal practitioner to assist them with
relocation, caring for children or fulfilling other carer responsibilities to
support the person experiencing domestic or family violence.
39.5 Workplace
Domestic and Family Violence Support
(a) To provide
support to an Employee experiencing domestic and family violence, the Employer
will approve any reasonable request from an Employee experiencing domestic and
family violence for but not limited to:
(i) changes
to their span or pattern of hours and / or shift patterns;
(ii) job redesign or
changes to duties;
(iii) relocation to
suitable employment with the Employer;
(iv) a change to their
telephone number and/or email address to avoid harassing contact;
(v) any other
appropriate measure including those available under existing provisions for
flexible work arrangements; and
(vi) increased
security measures in their workplace including entry and egress.
(b) Subject to the
Employee being satisfied that safety has been established and the Employer also
being satisfied, if an Employee has requested a reasonable change to their
working arrangements in accordance with clause 39.5(a), an Employer will not
then unreasonably refuse a request from an Employee to maintain change or
remove these arrangements.
(c) The Employer
will assist an Employee experiencing domestic or family violence with access to
support and referral services and/or other local resources.
39.6 Protecting
the confidentiality of Employees experiencing domestic or family violence
(a) The Employer
recognises the importance of protecting the confidentiality of Employees
experiencing domestic or family violence and that a breach of confidentiality
may pose a risk to the safety of the Employee and others.
(b) To protect the
confidentiality of an Employee experiencing domestic or family violence the
Employer will:
(i) adopt
a ‘needs to know’ approach to any communications regarding the Employee’s experience;
(ii) not store or
include any information about the following matters on the Employee’s personnel
file or payslip:
A. the Employees
experience of domestic or family violence
B. leave accessed
for the purpose of domestic and family violence leave in accordance with this
clause.
C. support provided by the Employer (under
clause 39.5 or otherwise).
(c) Any information regarding an Employee’s experience of domestic or family violence,
including any domestic and family violence leave or supports provided (under
clauses 39.4, 39.5 or otherwise), can only be accessed by Executive Director
People and Culture Business Partnering.
(d) The Employee
recognises that the Employer’s commitment to, and obligations regarding,
confidentiality are subject to:
(i) any steps that the Employer must to take
to ensure the safety of all Employees
(ii) any mandatory reporting requirements.
(e) Where the Employer does need to disclose
confidential information for the reasons outlined in subclause (d), the
Employer will make every reasonable effort to inform the Employee of this
disclosure before it is made, and support the employee
to take practical steps to minimise an associated safety risks.
40. Leave Without Pay
40.1 This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 63.
40.2 An Employee
wishing to take a period of leave without pay shall make application to the
Employer specifying the reasons for such leave and the period of leave
proposed.
40.3 Each application
for leave without pay shall be considered by the Employer on its merits, taking into account the wishes of the Employee and the
requirements of the business unit. Leave without pay shall only be granted if
business needs can be accommodated during the period of leave proposed.
40.4 The RMS Group’s
Leave Without Pay Procedure outlines the entitlement, arrangements
and effect of such leave.
41. Public Holidays
41.1 Subject to
subclause 41.2, Employees are entitled, without loss of pay,
to the following standard public holidays:
(a) New Year’s Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter Saturday;
(e) Easter Sunday;
(f) Easter Monday;
(g) Anzac Day;
(h) Sovereign’s Birthday;
(i) Labour
Day;
(j) Christmas Day;
(k) Boxing Day;
(l) an additional
day between Boxing Day and New Year's Day (public service holiday), and such
other Local Public Holiday, public holiday/s or substitute day as ordered by
the government from time to time up to a maximum of two gazetted local public
holidays (or four half days) and provided the Employee works in the local area
on the working day before and after a Local Public Holiday.
41.2 Employees are
only entitled to be paid public holidays for the days on which they would
ordinarily work, but for the holiday occurring.
41.3 Professional
Engineers required to work on a Local Holiday or the
Public Service Holiday are entitled to either time off in lieu as set out in
subclause 25.5 or paid as per subclause 41.5 below.
41.4 Salaried
Employees who have been granted leave without pay covering a total period of
absence from duty of not more than two weeks, may be granted payment for public
holidays occurring during such absence provided that such public holiday falls
on days which would normally be working days.
41.5 Subject to
subclause 41.6, Salaried Employees and Professional Engineers (including casual
Employees) directed to work on a public holiday will be paid at the rate of
double time and a half for the time worked.
41.6 Salaried
Employees engaged on continuous work that is required to be carried out on a public
holiday shall be paid for such work at the rate of double time.
PART B
SPECIFIC PROVISIONS
SECTION 6 - SPECIFIC
PROVISIONS FOR SALARIED EMPLOYEES
42. Compliance
Operations Inspectors (COIs) and Compliance Operations Managers
42.1 The provisions of
this subclause 42.1 to 42.6 apply only to Employees employed in the
classification of COI.
42.2 The ordinary
hours of duty are 35 hours per week over five days.
42.3 Shift Work
(a) COIs are
employed to perform Shift Work.
(b) The ordinary hours
for day, afternoon and night shifts shall not exceed those worked daily or
weekly by other Employees working normal hours Monday to Friday inclusive.
(c) Day shift means
those shifts where the ordinary hours of work are worked between 6.00am and
6.00pm.
(d) Afternoon shift
means those shifts where the ordinary hours of work commence at or after noon
and before 4.00pm.
(e) Night shift
means those shifts where the ordinary hours of work commence at or after 4.00pm
and before 6.00am.
(f) Payment for day
shift shall be at the ordinary rate of pay.
(g) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(h) Payment for night
shift shall be at the ordinary rate of pay plus 15%.
(i) Payment
for all ordinary time worked on a Saturday shall be paid for at the rate of
time and one half of the ordinary rate of pay.
(j) Payment for all
ordinary time worked on a Sunday shall be paid for at the rate of double time
of the ordinary rate of pay.
(k) Payment for all
ordinary time worked on a Public Holiday shall be paid for at the rate of
double time and one-half of the ordinary rate of pay.
(l) Those COIs
employed on continuous shift work shall be credited with an additional 5 days annual leave per annum. This leave shall accrue at the
rate of 5/12th of a day for each complete month that the COI so works.
42.4 Shift Work
Rosters
(a) To provide
flexibility in working arrangements, site specific shift work rosters may be
agreed between the Employer and COIs who are to work the site
specific shift work roster. Site
specific shift work rosters will be formalised in writing prior to
implementation.
(b) Where notice is
given of a change in shift with less than seven days’ notice, any shift so
worked shall be paid at the rate of the previously rostered shift if it is
greater.
42.5 Meal Breaks
(a) No COI shall be
required to work more than five consecutive hours without a meal break.
(b) COIs working
day, afternoon and night shift are entitled to a lunch break of not less than
30 minutes in the COIs time. COIs taking
an unpaid lunch break on an afternoon or night shift only are entitled to be
paid the applicable shift loading for the lunch break (i.e.
12 ½ % or 15% of the ordinary rate of pay for the duration of the lunch break).
(c) Where required
by the Employer, and in lieu of a lunch break, the COI is to take a 20 minute crib break.
42.6 Banktime Arrangements
(a) COIs shall work
an additional 22 minutes per day on 19 days in each four week
work cycle to allow for the accumulated time to be taken off during the next
four week cycle.
(b) Subject to
subclause 42.6(a) directly above, one accrued day off may be taken in each four week work cycle.
(c) The Accrued Day
Off will be observed between Monday to Friday (inclusive), normally on the day
shift, to suit the needs of the Employer. The day off will coincide with the
COI’s preference where possible.
(d) Where a COI works
on the Accrued Day Off, the COI may elect, where practicable, to have another
day off in substitution thereof before the end of the succeeding work cycle.
Provided that in such case the accrued entitlements are transferred to the
substituted day off.
(e) COIs absent
from duty on any type of approved leave (sick, annual, leave without pay etc)
other than a public holiday will be credited with seven hours in respect of
each day absent from duty.
(f) In order to
qualify for the ‘banktime’ entitlement of one day for
the work cycle, COIs may, subject to approval make up any time by taking annual
leave or leave without pay (1/4 day minimum).
42.7 The provisions of
this subclause 42.7 to 42.8 apply only to Employees employed in the
classification of Compliance Operations Managers.
42.8 Shift Work
(a) Compliance
Operations Managers may be required to perform Shift Work.
(b) Afternoon shift
means those shifts where the ordinary hours of work commence at or after noon
and before 4.00pm.
(c) Night shift means
those shifts where the ordinary hours of work commence at or after 4.00pm and
before 6.00am.
(d) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(e) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(f) Payment for all
ordinary time worked on a Saturday shall be paid for at the rate of time and
one half of the ordinary rate of pay.
(g) Payment for all
ordinary time worked on a Sunday shall be paid for at the rate of double time
of the ordinary rate of pay.
(h) Payment for all
ordinary time worked on a Public Holiday shall be paid for at the rate of
double time and one-half of the ordinary rate of pay.
(i) Compliance
Operations Managers taking an unpaid lunch break on an afternoon or night shift
only are entitled to be paid the applicable shift loading for the lunch break (i.e. 12 ½ % or 15% of the ordinary rate of pay for the
duration of the lunch break).
43. Hours of Work and
Additional Conditions for Telephone Customer Service Centre Employees
43.1 Hours of Work
(a) Spread of Hours
The ordinary hours of work shall be within the spread
of hours as follows:
|
Monday to Friday
|
7.50 am to 5.20 pm
|
|
Saturday
|
8.20 am to 4.20 pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
43.2 Change of Hours
within Spread of Hours
(a) Any change to
the trading hours of a Telephone Customer Service Centre within the spread of
hours as set out in subclause 43.1, shall be subject to the following
consultative process:
(i) the
Employer shall notify the PSA in writing of any change to trading hours at
least six weeks in advance of the date on which the change is proposed to take place;
(ii) the PSA shall
be given two weeks in which to provide any written comments on the proposed change;
(iii) following
consideration of any comments received, the Employer will notify the PSA in
writing of the full details of its decision including the reasons for making
such decision.
43.3 Standard Hours of
Work
(a) Full Time Employees
(i) The
ordinary hours of work shall be 70 hours over a two week
roster cycle.
(ii) Full Time
Employees in a Telephone Customer Service Centre which trades on Saturdays,
that are rostered to work one Saturday in two, shall work nine days during the two week roster cycle. Provided that Full Time Employees
will, with the agreement of the Employer, be able to work ten days including
Saturdays during the cycle.
(iii) Subject to
subclause 43.4, Rosters, any other change to the days worked or the span of
hours will be by agreement between the Employer and the Employee.
(iv) The minimum
hours to be worked by Full Time Employees on a Saturday shall be four.
(b) Part time Employees
(i) The
minimum ordinary hours of work to be worked by Part Time Employees shall be 15
hours per week.
(ii) The minimum
ordinary hours to be worked by Part Time Employees shall be three.
(iii) Part Time
Employees shall not be required to work more than five consecutive days in any
fortnight roster cycle.
(iv) Part Time
Employees shall not be required to work more than one Saturday in two except by
mutual agreement.
(v) Notwithstanding
the days specified, Part Time Employees may be required by the Employer to work
on Saturdays. In such case the specified days and/or hours on the specified
days will be reduced accordingly to retain the specified hours as a minimum.
(vi) Subject to subclause 43.4, Rosters, any
other change to the days worked or the span of hours will be by agreement
between the Employer and the Employee. The Employee can require up to three
months between the agreement to change the specified span of hours or days and
the implementation of the change.
43.4 Rosters
(a) Rosters will be
based on fortnightly periods and published monthly in advance. Rosters will be
posted in a position accessible to Employees.
(b) In the event of an
emergency (for example, fire, flood, major transport disruption) the hours of
work and/or the rostered starting and finishing times on any one day may be
changed. Shortages and/or vacancies due to rostering are not an emergency for
the purposes of this subclause.
(c) Where less than
seven days notice is given by the Employer of a
change to a roster by deleting or reducing the hours of a rostered day, any
loading applicable to the original roster shall be paid in addition to the
payment applicable to the work performed.
(d) Mutual exchanges
of rostered days between Employees shall be subject to the Employer' prior
agreement.
(e) Where Employees
are rostered in such a fashion that the days on which they are rostered to work
fluctuate from week to week, an Employee rostered off work on a public holiday
being a day on which the Employee usually works shall be paid by mutual
agreement between the Employer and the Employee in one of the following
methods:
(i) payment
of an additional day's salary;
(ii) addition of one
day to the Employee 's annual holidays;
(iii) an alternate
day off with pay within 28 days after the public holiday falls, or during the
week prior to the public holiday.
Provided that for this subclause 43.4 "day"
is the number of hours the Employee would have worked were the Employee
rostered on that day.
(f) The Employer can, on up to three
Saturdays each calendar year, require Employees to attend a training session
after trading hours and within the spread of hours as set out in subclauses
43.1, 43.2 and 43.3. The time spent on training will be adjusted as part of the
Employee’s ordinary hours. The Employee will be rostered off for one equivalent
block of hours during that roster cycle or during either of the next two roster
cycles.
43.5 Loadings for
Certain Ordinary Hours
(a) Payment for all
ordinary hours of duty Monday to Friday shall be at the ordinary salary rate.
(b) For full-time
and part-time Employees payment for all ordinary hours of duty on Saturday
shall be at the ordinary salary rate plus 50 per cent. For casual Employees the
payment for all ordinary hours of duty on Saturday shall be 1.66 times the
Monday to Friday ordinary hourly rate for the first year of the classification
in which they are employed, except for Registry Services Officers 21 years of
age and over who shall be paid the fourth year of that classification.
(c) Where part-time
Employees work in excess of the rostered hours for a
day and within the spread of ordinary hours of duty as set out in subclause
43.1, Monday to Friday, payment for time worked in excess of the rostered hours
shall be made at the ordinary hourly rate.
(d) Where part-time
Employees are required to work in excess of the
rostered hours on a Saturday - but within the spread of ordinary hours of duty
for Saturday, as set out in subclause 43.1 of this clause, a loading of 50% as
prescribed in subclause 43.5(b) shall apply.
43.6 Overtime
(a) Full-time
Employees shall be paid overtime for all time worked:
(i) outside
the spread of ordinary hours of duty as set out in subclause 43.1.
(ii) before or after
the daily ordinary hours of duty set out in the roster described in the
provisions of Part C - Rosters of this clause and worked within the spread of
hours of duty set out in subclause 43.1.
(b) Part-time
Employees and casual Employees shall be paid overtime for all time worked:
(i) outside
the spread of ordinary hours of duty as set out in subclause 43.1.
(ii) in excess of 35 hours per week.
(c) Where Employees
are rostered on six consecutive days, work within the spread of ordinary hours
of duty on the sixth day shall be paid at the overtime rate, and does not
include loading in accordance with subclause 43.5.
44. Hours of Work and
Additional Conditions for Drives Help Desk Employees
44.1 Spread of Hours
The ordinary hours of duty shall
be within the spread of hours:
|
Monday to Friday
|
7.50am to 5.20pm
|
|
Saturday
|
8.20am to 4.20pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
44.2 Change of Hours
within the Spread of Hours
Any change to the trading hours of
the DRIVES Help Desk within the spread of hours shall be subject to the
following consultative process:
(a) The Employer
shall notify the PSA in writing of any change to trading hours at least six
weeks in advance of the date on which the change is proposed to take place.
(b) The PSA shall be
given two weeks in which to provide any written comments on the proposed
change.
(c) Following
consideration of any comments received, the Employer shall notify the PSA in
writing of the full details of its decision including the reasons for making
such decisions.
44.3 Standard Hours of
Work
The ordinary hours of duty for full time Employees
shall be 70 hours worked over a two week roster cycle.
(a) Full time
Employees that are rostered to work one Saturday in two shall work nine days
during the two week roster cycle, provided that
subject to the Employer’s agreement, they will be able to work ten days
including Saturdays during the roster cycle.
(b) Full time
Employees shall not be required to work more than five consecutive days during
the roster cycle.
(c) Subject to
subclause 44.4, any other change to the days worked or the span of hours will
be by agreement between the Employer and the Employee.
44.4 Rosters
(a) Rosters will be
based on fortnightly periods and published monthly in advance. Rosters will be
posted in a position accessible to Employees.
(b) In the event of
an emergency the hours of work and/or the rostered start and finishing times on
any one day may be changed.
(c) Where less than
seven days notice is given by the Employer of a
change to a roster by deleting or reducing the hours of a rostered day, any
loading applicable to the original roster shall be paid in addition to the
payment applicable to the work performed.
(d) Mutual exchanges
of rostered shifts between Employees shall be subject to the Employer’s prior
agreement.
(e) Where Employees
are rostered in such a fashion that the days on which they are rostered
fluctuate from week to week, an Employee rostered off work on a public holiday
being a day on which the Employee usually works shall be paid by mutual
agreement between the Employer and the Employee in one of the following
methods:
(i) Payment
of an additional day’s salary;
(ii) Addition of one
day to the Employee’s annual holidays;
(iii) An alternative
day off with pay within 28 days after the public holiday falls, or during the
week prior to the public holiday.
(iv) Provided that
for this clause "day" is the number of hours the Employee would have
worked were the Employee rostered on that day.
45. Hours of Work and
Additional Conditions for Work Support Employees
45.1 Definitions for
the purpose of this clause:
WSO means Work Support Officers employed as members of
the Transport Service in the RMS Group.
Competency means the combination of knowledge, skills
and attributes that are needed for specific job related
tasks.
45.2 Hours of Work
(a) The ordinary
hours of duty of WSOs shall be 35 hours per week between 7.00am to 5.30pm on 5
days per week, Monday to Friday inclusive.
(b) A lunch break
shall be taken of not less than 30 minutes in the WSO’s time.
(c) Working hours (i.e. a bank up of hours) will be in accordance with the
following provisions:
(i) An
additional 22 minutes per day shall be worked on 19 days each four week work cycle to allow for the accumulated time off
during the next four week cycle.
(ii) Subject to the
provisions of this subclause one accrued day off may be taken in each four week work cycle. Such accrued day off will be observed
between Monday to Friday (inclusive).
(iii) Where a WSO
works on the accrued day off, the WSO may elect to have another day off in
substitution thereof before the end of the succeeding work cycle. Such election
should be granted where practicable, provided that in such case the accrued
entitlements are transferred to the substituted day off.
(d) WSOs absent from
duty on any type of approved leave or a public holiday
will be credited with 7 hours 22 minutes in respect of each day absent from
duty. WSOs absent from duty on approved leave (sick leave, annual leave etc)
will have 7 hours 22 minutes debited against their leave accrual for each day
absent from duty.
45.3 Progression from
Grade to Grade
(a) WSO positions
will only be created where the range of tasks at the location would eventually
allow the incumbent to progress to Grade 3.
(b) Progression from
grade to grade need not depend upon the availability of an advertised job
vacancy nor is it restricted by the number of WSOs already at a particular
grade. Progression to another grade is totally dependent upon meeting the
progression criteria detailed in the relevant policy/procedure.
(c) Persons at the
time of appointment as a WSO will be assessed to determine the grade at which
they will commence. Once appointed to a grade, a WSO will need to meet the
progression criteria in order to further progress
through the grades.
(d) Persons
appointed as a WSO in training will remain at that level until they are
eligible to progress to Grade 1.
45.4 Maintenance of
grade and salary shall be dependent upon WSOs maintaining the required level of
competence in the tasks for which they have been assessed and for which their
grading and salary level has been determined. To ensure the level and currency
of competencies, the WSO will undergo supplementary assessment of their tasks
every two years to demonstrate that they have maintained their skills in those
tasks.
46. Hours of Work for
Traffic Supervisors
46.1 The ordinary
working hours for Traffic Supervisors shall be 38 hours per week and shall be
worked as a 20 day four week cycle with 19 working
days of eight hours each in accordance with rosters, with 0.4 of one hour each
day worked accruing as an entitlement to take, in each cycle, an accrued day
off.
46.2 The accrued day
off is subject to managerial prerogative to best suit the working needs of the
organisation, provided that the accrued day off is to be taken between Monday
and Friday (inclusive) during the day shift.
46.3 The ordinary
hours of work shall not exceed 8 per day to be worked in a maximum of 10 shifts
per fortnight, provided that not more than 6 consecutive shifts shall be worked
in eight consecutive days. A shift may be worked on any day of the week,
including Sunday, during any period of 24 hours. The times between which the
ordinary hours may be worked may be altered by agreement between the Employer
and the PSA.
46.4 Where the agreed
accrued day off prescribed by subclause 46.1 falls on a public holiday the next
working day on which the Employee is normally rostered for duty shall be taken
in lieu of the accrued day off, unless an alternative
day in that four-week cycle or the next four-week cycle is agreed between the
Employer or its representative and the Employee.
46.5 Each day of paid
sick or annual leave taken and any public holidays occurring during any cycle
of four weeks shall be regarded as a day worked for accrual purposes.
46.6 Where an Employee
is ill or incapacitated on the accrued day off, the Employee shall not be
entitled to payment of sick leave on that day nor
shall the Employee’s sick leave entitlement be reduced as a result of such
illness or incapacity.
46.7 An Employee who
has not worked, or is not regarded by reason of
subclause 46.3 as having worked a complete four week cycle, shall receive pro
rata accrued entitlements for each day worked (or each fraction of a day
worked) or regarded as having been worked in such cycle, on the accrued day
off, or in the case of termination of employment, on termination.
46.8 Where agreement
is reached between the Employer and an Employee, that Employee may accumulate
up to a maximum of four accrued days off before they are taken as days off and,
when taken, those days shall be regarded as days worked for accrual
purposes. When such agreement has been
reached under the terms of this paragraph, an Employee is not entitled to be
paid at the rate as specified in subclause 46.9.
46.9 Subject to
subclause 46.7, the accrued day off prescribed in subclauses 46.1 and 46.2
shall be taken as a day off provided that the day may be worked where it is
required by the Employer. Where the Employee is required to work on their
accrued day off, the Employee shall be paid at the rate of time and a half for
the first two hours and double time thereafter.
46.10 Where an Employee
works on the accrued day off, the Employee may elect to have another day off in
substitution before the end of the succeeding work cycle, provided that such
day off is subject to management prerogative to best suit the working needs of
the Employer and that in such cases the accrued entitlements are transferred to
the substituted day off.
46.11 The provisions
contained in subclauses 46.1 to 46.7 of this clause shall also apply to shift
workers by substituting the word ‘shift’ for ‘day’ in each cycle.
47. Hours of Work and
Additional Conditions for Senior Coordinator Customer & Network Operations,
Customer & Network Operations Coordinator and Traffic Commanders
Manager - Senior Coordinator Customer & Network
Operations and Customer & Network Operations Coordinator
47.1 Ordinary Hours of
work shall be 35 per week.
47.2 Incident
Co-Ordination Allowance
(a) The incident
co-ordination allowance set out in item 26 of Schedule B - Allowances and
Expenses will be paid to Employees in the positions of Senior Coordinator
Customer & Network Operations and Customer & Network Operations
Coordinator for all days the employee is required to be rostered on-call,
excluding during periods of leave (other than sick leave, carer’s leave and
family and community service leave of 2 consecutive days or less).
(b) In addition,
Employees in the positions of Senior Coordinator Customer & Network
Operations and Customer & Network Operations Coordinator will be entitled
to the payment of a disturbance allowance in accordance with subclause 47.3 in
the event the Employee is contacted outside of normal working hours.
(c) When in receipt
of the incident co-ordination allowance and not in the workplace, the Employee:
(i) is
not required to remain at home, but must be able to be contacted immediately in
the case of emergencies;
(ii) must be able to
respond to an emergency within a reasonable time or within the response time
agreed with the Employer;
(iii) must remain in
a proper state of fitness to drive a motor vehicle and perform the required
duties; and
(iv) must be
available to respond to a call unimpaired by the effects of alcohol or drugs.
47.3 Disturbance
Allowance
(a) Employees in
the position of Senior Coordinator Customer & Network Operations and
Customer & Network Operations Coordinator may be contacted when in receipt
of the incident co-ordination allowance and outside of normal work hours to
assist with or co-ordinate a response to an emergency and/or breakdown without
being required to attend the emergency and/or breakdown. These Employees may be
contacted to put into place emergency arrangements by contacting other
Employees, persons or agencies to attend an incident
or providing advice in response to an emergency situation.
(b) The disturbance
allowance is:
(i) paid
at a minimum of one hour of the ordinary hours rate; and
(ii) not paid if the
Employee’s salary exceeds the top step of USS Grade 11 or equivalent.
(c) Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid. However, if the assistance
provided by the Employee extends beyond one hour in duration, the Employee will
be entitled to be paid overtime for the duration of the assistance
provided. Where the Employee is paid
overtime, the Employee is not entitled to the disturbance allowance in respect
of the same occasion.
(d) The disturbance
allowance is payable under the arrangements set out in the RMS Group On-Call
and Disturbance Allowance Procedure.
(e) Communications
made when not in attendance at the workplace in regard to
routine administrative matters are not considered a disturbance for the
purposes of an emergency and does not warrant payment of a disturbance
allowance. Such matters may include:
(i) Where
an employee contacts the Employer regarding an inability to attend work on any particular day; or
(ii) Where an
employee is contacted to be advised of a business matter that does not require
an immediate response.
48. Hours of Work and
Additional Conditions for Shift Managers and Operations Coordinators in the
RTOC
48.1 Hours of Work
(a) Ordinary Hours
The ordinary hours of work shall be 35 per week.
(b) Full Time
Employees
(i) Employees
shall be continuous shift workers.
(ii) Other than
Employees on probation, the ordinary hours of work shall be 140 hours worked
over a 4 week roster cycle. Employees shall be
rostered to work shifts of 12 hours 10 minutes, including a 30
minute unpaid meal break and a 20 minute paid crib break.
(iii) Employees on
probation may be rostered to work shifts of at least 7 hours and 30 minutes and
up to 12 hours and 10 minutes. Until an Employee on probation is rostered for
shifts of 12 hours 10 minutes on a permanent basis, they will be paid for any
hours worked in excess of 7 at overtime rates.
(iv) When rostered
for shifts of 12 hours 10 minutes full time Employees shall not be rostered to
work more than three consecutive days in any seven day
period.
(c) Where Employees
are rostered to work shifts of 12 hours 10 minutes:
(i) They
shall be entitled to a rest break of at least 10 hours between the cessation of
an ordinary rostered shift and the commencement of the next rostered shift.
(ii) They shall not be
required to be on duty for more than 14 consecutive hours. After being on duty
for 14 consecutive hours Employees shall be given a rest break of at least 4
consecutive hours. Where Employees are directed to resume work without having a
rest break of at least 10 consecutive hours, payment shall be at the rate of
double time, or double time and one half if on a public holiday until they are
released from duty for 10 consecutive hours. Any rostered working time
occurring during such absence shall be paid at the shift work rate in clause
48.2.
(iii) Where Employees
have not observed a rest break of at least 10 hours prior to the commencement
of the next ordinary shift, they shall be paid at the rate of double time, or
double time and one half if on a public holiday, calculated at the ordinary
salary rate until such time as Employees are released from duty for 10
consecutive hours. Any rostered working time occurring during such absence
shall be paid at the shift work rate in clause 48.2.
(d) Part Time Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. The pattern
of contract hours to be worked will be agreed in writing and may only be varied
with the consent of the Employer and the Employee.
(ii) For time worked
in excess of the full-time hours of the classification
payment shall be made at the appropriate overtime rate in accordance with
clause 48.3.
(e) Meal Breaks
Employees shall not work more than 5 hours from the
commencement of a shift without having a 30 minute unpaid
meal break. Employees rostered on shifts of 12 hours 10 minutes shall after a
further 5 hours of work have a paid crib break of 20 minutes.
48.2 Shiftwork
(a) For the
purposes of this sub clause:
(i) ‘Early
morning shift’ shall mean those shifts commencing at or after 4.00am and before
6.00am.
(ii) ‘Day shift’
shall mean those shifts commencing at or after 6.00am and before 12 noon.
(iii) ‘Afternoon
shift’ shall mean those shifts commencing at or after 12 noon and before
4.00pm.
(iv) ‘Night shift’
shall mean those shifts commencing at or after 4.00pm and before 4.00am.
(b) Payment for
Shift Work
(i) Payment
for day shift shall be at the ordinary rate of pay,
(ii) Payment for early
morning shift (on Monday to Friday) shall be at the ordinary rate of pay plus
10 per cent,
(iii) Payment for
afternoon shift (on Monday to Friday) shall be at the ordinary rate of pay plus
12 ½ per cent,
(iv) Payment for
night shift (on Monday to Friday) shall be at the ordinary rate of pay plus 15
per cent.
(v) Payment for all
ordinary time worked on a Saturday shall be at the rate of:
(A) time and one
half of the ordinary rate of pay for the first 2 hours and double time
thereafter for each Saturday worked up to 30 June 2017;
(B) time and one
half of the ordinary rate of pay for each Saturday worked on and after 1 July
2017.
(vi) Payment for all
ordinary time worked on a Sunday shall be at the rate of double the ordinary
rate of pay,
(vii) Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and one
half of the ordinary rate of pay,
(viii) Employees
rostered off on a public holiday shall be credited with a day in lieu for each such day.
(ix) Employees are entitled
to a 17.5 per cent annual leave loading.
Shift workers proceeding on annual leave are to be paid in respect of
leave taken in any period of 12 months commencing 1 December, shift premiums
and penalty rates (or other allowance paid on a regular basis in lieu thereof)
they would have received had they been on duty or the 17.5 per cent annual
leave loading, whichever is the more favourable.
(c) Additional
Annual Leave
Full time Employees shall be credited with an
additional 35 hours recreational leave per annum. This leave accrues progressively during a
year of service according to the Employee’s ordinary hours of work.
(d) Shift Rosters
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer.
(ii) Rosters will be
made available at least 30 calendar days in advance.
(iii) The Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(iv) Where notice is
given of a change in shift with less than 7 days’ notice any shift so worked
shall be paid at the rate of the previously rostered shift provided it is
greater.
48.3 Overtime Worked
(a) Payment of
overtime shall be made at the following rates:
(i) All
time worked in excess of 11 hours 40 minutes per shift
between midnight Sunday and midnight Saturday, shall be paid at the rate of
time and one half for the first two hours and double time thereafter. Each
period of overtime shall stand alone.
(ii) Any overtime
work carried out on Sundays shall be paid for at the rate of double time.
(iii) Any overtime
work carried out on a public holiday shall be paid for at the rate of double
time and a half.
(iv) An Employee who
works overtime on a rostered day off, Saturday or Sunday or on a public holiday
shall be paid a minimum payment for three hours work at the appropriate
overtime rates.
(v) An Employee
required to work a shift on a day on which they are not rostered and given less
than 24 hours’ notice in advance will be paid one meal allowance in accordance
with Schedule B Item 2 of the Roads and Maritime Services Consolidated Salaried
Award 2019.
48.4 Sick leave
(a) Sick leave on
full pay accrues day by day to an Employee at the rate of 9 days each calendar
year, and any such accrued leave, which is not taken, is cumulative.
(b) During the first
4 months of employment, an Employee can access up to 3 days paid sick leave
even though that leave has not yet accrued.
49. Hours of Work and
Additional Conditions for Sydney Harbour Bridge Control Room Employees
49.1 Hours of Work
(a) Ordinary Hours
The ordinary hours of work shall be 210 hours in a 6 week period.
(b) Full Time
Employees
(i) Employees
shall be continuous shift workers.
(ii) Other than
Employees on probation, the ordinary hours of work shall be 210 hours worked
over a 6 week roster cycle. Employees shall be
rostered to work shifts of 12 hours 30 minutes, including a 30
minute unpaid meal break and a 20 minute paid crib break on a day
shift. And 12 hours on a night shift
with a paid meal break and a 20 minute paid crib
break.
(iii) When rostered
for shifts of 12 hours 30 minutes or 12 hours full time Employees shall not be
rostered to work more than 4 consecutive days over a week in any one 6 week roster.
(c) Where Employees
are rostered to work shifts of 12 hours and 12 hours 30 minutes:
(i) They
shall be entitled to a rest break of at least 10 hours between the cessation of
an ordinary rostered shift and the commencement of the next rostered shift.
(ii) They shall not
be required to be on duty for more than 14 consecutive hours. After being on
duty for 14 consecutive hours Employees shall be given a rest break of at least
4 consecutive hours. (iii) Where Employees have not observed a rest break of at
least 10 hours prior to the commencement of the next ordinary shift, they shall
be paid at the rate of double time, or double time and one half if on a public
holiday, calculated at the ordinary salary rate until such time as Employees
are released from duty for 10 consecutive hours.
(d) Part Time
Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. The pattern
of contract hours to be worked will be agreed in writing and may only be varied
with the consent of the Employer and the Employee.
(ii) For time worked
in excess of the full-time hours of the classification
payment shall be made at the appropriate overtime rate.
(e) Meal Breaks
(i) Day
shift - Employees on 7 hours shifts shall not work more than 5 hours from the
commencement of a shift without having a 30 minute
unpaid meal break.
(ii) Day shifts -
Employees on 12 hours shall after a further 5 hours of work have a paid crib
break of 20 minutes.
(iii) Night shifts -
Employees on 12 hours shifts shall have a meal break be of thirty minutes
duration and shall be taken as part of the ordinary working hours, to be paid
for at the appropriate shift rate and a paid crib break of 20 minutes
(iv) In the event the
Employee is directed to work during a meal break, the meal break will be paid
at the ordinary rate plus any applicable shift loading.
49.2 Shift work
(a) For the
purposes of this sub clause:
(i) ‘Day
shift’ shall mean those shifts commencing at or after 6.00am and before 12
noon.
(ii) ‘Night shift’
shall mean those shifts commencing at or after 4.00pm and before 4.00am.
(b) Payment for
Shift Work
(i) Payment
for day shift shall be at the ordinary rate of pay,
(ii) Payment for night
shift (on Monday to Friday) shall be at the ordinary rate of pay plus 15 per
cent.
(iii) Payment for all
ordinary time worked on a Saturday shall be at the rate of:
time and one half of the ordinary rate of pay
(iv) Payment for all
ordinary time worked on a Sunday shall be at the rate of double the ordinary
rate of pay,
(v) Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and one
half of the ordinary rate of pay,
(vi) Employees rostered
off on a public holiday shall be credited with a day in lieu for
each such day.
(c) Additional
Annual Leave
(i) Full
time Employees shall be credited with an additional 35 hours
recreational leave per annum. This leave
accrues progressively during a year of service according to the Employee’s
ordinary hours of work.
Leave Loading - Clause 27.10 of the Award applies.
(d) Shift Rosters
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer.
(ii) Rosters will be
made available at least 30 calendar days in advance.
(iii) The Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(iv) Where notice is
given of a change in shift with less than 7 days’ notice any shift so worked
shall be paid at the rate of the previously rostered shift provided it is
greater.
49.3 Overtime Worked
Payment of overtime shall be made
at the following rates:
(a) All time worked
in excess of 12 hours per shift between midnight
Sunday and midnight Saturday, shall be paid at the rate of time and one half
for the first two hours and double time thereafter. Each period of overtime
shall stand alone.
(b) Any overtime
work carried out on Sundays shall be paid for at the rate of double time.
(c) Any overtime
work carried out on a public holiday shall be paid for at the rate of double
time and a half.
(d) An Employee who
works overtime on a rostered day off, Saturday or Sunday or on a public holiday
shall be paid a minimum payment for three hours work at the appropriate
overtime rates.
(e) An Employee
required to work a shift on a day on which they are not rostered and given less
than 24 hours’ notice in advance will be paid one meal allowance in accordance
with Schedule B Item 2 of the Roads and Maritime Services Consolidated Salaried
Award 2019.
49.4 Sick leave
(a) Sick leave on
full pay accrues day by day to an Employee at the rate of 105 hours each
calendar year, and any such accrued leave, which is not taken, is cumulative.
(b) During the first
4 months of employment, an Employee can access up to 3 days paid sick leave
even though that leave has not yet accrued.
SECTION 7 - SPECIFIC
PROVISIONS FOR PROFESSIONAL ENGINEERS
50. Shift Work
Definitions
Early morning shift means a shift with ordinary hours
commencing between 4.00am and 6.00am, Monday to Friday.
Day shift means a shift with ordinary hours commencing
between 7.00am and 5.00pm Monday to Friday.
Afternoon shift means a shift with ordinary hours commencing
at or after noon Monday to Friday.
Night shift means a shift commencing at or after 4.00pm and
finishing at or before 4.00am Monday to Friday.
51. Call Out/Call Back
51.1 Professional
Engineers who are called back to work outside their standard hours, or outside
the hours of 7.30 am and 6.00 pm if working under a flexible working hours
arrangement:
(a) are paid a
minimum of three hours at overtime rates for each separate call-out, except
where:
(i) Employees
are called out on more than one occasion and the first and subsequent call-out
payment periods of three hours overlap.
If this occurs, payment is calculated from the start of the first
call-out period until the end of the last call-out provided that the total
period of all overlapping call-out periods exceeds three hours. If the total period of all overlapping
call-out periods is less than three hours, Employees are paid for three hours
at overtime rates;
(ii) Where the
call-out work extends into ordinary hours of work, overtime is paid up to the
normal starting time only.
52. Specialist
Engineers
52.1 Professional
Engineers from any field of professional engineering may gain personal
promotion to any Engineer level up to and including Level 6 Engineer, as
specialist engineers whilst still occupying a position graded at a lower level.
Professional Engineers at Level 6 may receive an allowance, in lieu of a
personal promotion, as specialist engineers whilst still occupying a position
graded as Level 6.
52.2 Progression to a
higher personal Level salary for Professional Engineers must be recommended by
the majority of the Specialist Engineer Accreditation Committee. The
Professional Engineer must submit a case to the committee which indicates that
the Professional Engineer has specific attributes of a significant nature which
would be relevant and beneficial to the Employers’ functions.
52.3 Relevant criteria
which would be examined by the committee include:
(a) Holding a
degree at or above the level of Master of Engineering Science or Master of
Science in a relevant specialist or technical area from a recognised Australian
University (or overseas equivalent), not being a Master of Business or Public
Administration; or
(b) Holding a
specialist graduate diploma in a field related to the work of the Professional
Engineer with the Employer, not being a graduate diploma in management or a
business administration diploma; or
(c) Having shown
originality or made high level contributions or attained reputation or standing
in the engineer’s specialist field of work.
(d) The Specialist
Engineer Accreditation Committee will consist of a representative of the
Employer, Professionals Australia and a mutually
acceptable independent expert in the specialist field under consideration.
(e) If an Employee
is dissatisfied with the recommendation of the Specialist Engineer
Accreditation Committee, the Employee may appeal to their Director
who will review the decision in conjunction with the Director People.
53. Recognition of
Professional Engineering Skills
53.1 The importance of
the contribution of Professional Engineers to the Employer is recognised by
this Award.
53.2 An Employee with the
qualification of a Professional Engineer working in a position that requires
those skills or qualifications may apply to be recognised as a Professional
Engineer under this Award. Recognition is available in accordance with the RMS
Group policy on the Recognition of Professional Engineers. Applications will
not be unreasonably refused.
53.3 The Recognition
of Professional Engineers Policy will not be amended without the agreement of
Professionals Australia.
54. Professional
Development
54.1 The Employer and
Professionals Australia will work together to ensure best practice workforce
development that builds and maintains engineering capability within the RMS
Group, and in doing so provides industry leadership for ongoing engineering
workforce development.
54.2 The Employer and
Professionals Australia are committed to identifying future risks and committed
to working together constructively to find solutions.
54.3 The Employer and
Professionals Australia agree that Employees will continue to be provided with
the maximum opportunities for professional development. This should occur as
part of the PDR process. To assist
managers of Professional Engineers in the PDR process, an annual HR Circular
will be produced summarising the opportunities available for Professional
Engineers under the Award, in consultation with Professionals Australia, and
providing examples of appropriate professional development opportunities
available.
54.4 The type of
internal and external courses provided will be determined by consultation
between Professionals Australia and the Employer.
54.5 Professional
development will not be limited to internal and external training courses and
may include Professional Engineers’ exchange programs, secondments (within the
Employer, with the Transport Cluster and/or into the private sector),
shadowing, mentoring, coaching, attendances at conferences, seminars or short term study courses which have been approved by the
Employer and permission granted for the Employee to attend.
54.6 Where a Professional
Engineer is unable to access professional development over a period of more
than 18 months, due to:
(a) professional
development opportunities not being approved in the PDR;
(b) opportunities
approved in the PDR not being provided, and/or
(c) the
Professional Engineer not being released to attend/participate in the
identified opportunities, the Professional Engineer may have their access to
professional development opportunities reviewed by the Director People to
ensure compliance with this clause.
55. Professional
Engineer Development Program (PEDP)
55.1 There will be a
mechanism for Professional Engineers to progress from Engineer Level 1 to
Engineer Level 2 without the requirement to win a position on merit.
55.2 Progression will
only occur when the Professional Engineer is assessed as meeting the relevant
criteria for Engineer Level 2.
56. Knowledge Transfer
56.1 The Employer
recognises the importance of succession planning and knowledge transfer prior
to the retirement or exit of Professional Engineers.
56.2 Where a
Professional Engineer is identified as having expertise in a specific field or
aspect of engineering, a knowledge transfer process will be prepared. The process will be prepared at least 12
months prior to retirement or exit of the Employee, where the exit date is
known or can be estimated. The aim of
the knowledge transfer process is to ensure the handover of important technical
and organisational knowledge to current employees.
56.3 The knowledge
transfer process will incorporate:
(a) information
session(s) by the Professional Engineer;
(b) documentation by
the Professional Engineer;
(c) mentoring;
(d) shadowing;
(e) the release of
the Employees involved from their normal duties, to allow sufficient time to
participate; and
(f) where the
Employee agrees, the option for part time employment to facilitate the
knowledge transfer process.
57. Women in
Engineering
57.1 The Employer is
committed to increasing the representation of women in the workforce, including
in engineering.
57.2 To this end, the
Employer and Professionals Australia will work together during the life of the
Award on proposals for promoting, developing and
retaining women in the engineering profession, including:
(a) programs aimed
at professional development, leadership development, mentoring and networking;
and
(b) promoting flexible
working arrangements amongst Employees and the Employer - including part time and job sharing arrangements - that support personal
and professional needs, subject to the ability of the Employer to meet customer
service, operational and business requirements.
57.3 The Employer will
provide regular statistical analysis and reporting on women in the engineering
profession covered by this Award. This
information is to be provided to Professionals Australia.
57.4 The Employer is
required to consider, and report on, gender diversity in restructuring.
58. Consultation
58.1 The Employer and
Professionals Australia shall meet quarterly to consult and seek agreement on
issues including but not limited to:
(a) Professional
development and training;
(b) Restructuring,
relocation or organisational change where Professional Engineer positions are affected;
(c) Career
progression, succession planning and mentoring; and
(d) Significant
issues impacting on Professional Engineers covered by this award, such as
workload and skills shortages.
(e) Women in
engineering.
59. Part-Time
Employment
59.1 In addition to
subclause 31.9 (Right to Request) and clause 26 (Flexible Working Practices)
and subject to operational requirements, Employees may elect to change from
full-time to part-time work to manage their work-life balance. This will enable
Employees to manage family and career responsibilities or choose to reduce the
number of hours worked as they approach retirement. The shift from full-time to
part-time will be managed in accordance with the RMS Group’s Leave and
Attendance Policy and applicable procedures. Requests to work part-time will
not be unreasonably refused.
60. Hours for
Full-Time Employees
60.1 The Employer and Employees may
agree to work either a standard hours arrangement or a
flextime arrangement. The Employer may direct
Employees to work a standard hours arrangement in
exceptional circumstances.
61. Minimum Rest Period When Working Overtime
61.1 Professional Engineers
who work overtime are entitled to:
(a) a minimum rest
period of at least eight consecutive hours off work between ordinary hours shifts;
(b) not being
required to be on duty for more than 16 consecutive hours;
(c) a minimum rest
break of at least four consecutive hours after working for more than 16
consecutive hours;
(d) payment at the
rate of double time or double time and a half on a public holiday until
released from work, if the Employee is recalled to work
without having had at least eight consecutive hours off work;
(e) a further rest
period of at least eight consecutive hours if the Employee is recalled to work without initially having had at least eight
consecutive hours off work;
(f) if an
Employee’s usual ordinary hours occur during the minimum rest period of eight
hours in (a)-(e) above, the Employee will be paid at their normal salary for
the time they are absent.
62. Disturbance
Allowance
62.1 Employees may be
contacted outside of normal work hours to assist with or co-ordinate a response
to an emergency and/or breakdown without being required to attend the emergency
and/or breakdown. Employees may be contacted to put into place emergency
arrangements by contacting other Employees to attend an incident or providing
advice in response to an emergency situation.
62.2 The disturbance
allowance is:
(a) paid at a
minimum of one hour of the ordinary hours rate.
(b) not paid if the
Employee’s salary exceeds the top step of Engineer Level 4.
62.3 The disturbance allowance
is payable under the following arrangements:
(a) for Employees
on standard hours or flexitime, between the hours of 8.00pm and 6.00am Monday
to Friday, all day Saturdays, Sundays, public holidays and accrued days off.
(b) for shift
workers, two hours after the completion of a shift, two hours prior to the
commencement of a shift and all day for rostered days off and accrued days off.
62.4 Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid.
63. Leave Without Pay
63.1 Approved Leave
Without Pay
(a) Employees may
be granted leave without pay (LWOP):
(i) providing
that good and sufficient reasons are shown for the leave,
(ii) up to a maximum
of three years, providing that service has been satisfactory,
(iii) on a full-time
or part-time basis,
(iv) commencing on
the first working day after the Employee ceases work or at the expiration of
paid leave, and
(v) ceasing on the
day prior to the day on which the Employee resumes work, regardless of whether
that day is a working day or not.
(b) LWOP is granted
on the understanding that the Employer retains the right to:
(i) abolish
any position on the grounds of redundancy,
(ii) require an Employee
to relinquish a position, or
(iii) terminate the
Employee’s services, should circumstances during the absence, so require.
A decision made to abolish a position while an Employee
is on LWOP does not mean that the Employee will be offered a voluntary
redundancy. RMS Group’s policy and procedures on the management of displaced
and excess staff will apply.
(c) Employees may
not take LWOP to engage in other employment unless the Employer is satisfied
that the skills and experience gained from this other employment will provide
the Employer with a demonstrated benefit.
(d) LWOP does not
count as service for increment purposes where the total period exceeds five
days in any 12 months.
(e) Employees are
not required to exhaust accrued paid leave before proceeding on LWOP.
(f) If Employees
obtain approval to combine all or part of accrued paid leave with LWOP, the
paid leave must be taken before LWOP.
(g) Employees are
paid for public holidays falling during LWOP where the total period of LWOP
does not exceed ten consecutive working days.
(h) The effect of
LWOP on extended leave entitlements is set out in subclause 33.6.
(i) A
permanent appointment may be made to the Employee’s position if:
(i) 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
(ii) The Employee is
advised of the Employer’s proposal to permanently backfill their position; and
(iii) The Employee is
given a reasonable opportunity to end the LWOP and return to their position;
and
(iv) The Employer
advised the Employee at the time of the subsequent approval that the position
will be filled on a permanent basis during the period of LWOP.
(j) The position cannot
be filled permanently unless the above criteria are satisfied.
(k) The Employee
does not cease to be employed by the Employer if their position is permanently
backfilled.
(l) Subclause 63.1(i) does not apply to full-time unpaid parental leave or to
military leave.
63.2 Unauthorised Leave Without Pay
(a) Employees who do not provide
a satisfactory explanation for their absence are regarded as being absent from
work without authorised leave. As a result, Employees will not be paid for this
period of absence.
(b) Nothing in this clause
prevents the Employer from taking disciplinary action against Employees for
unauthorised absences from work.
SECTION 8 - SPECIFIC
PROVISIONS FOR MARITIME EMPLOYEES
64. Hours of Work
64.1 "35 hour per
week Employees" means all Maritime Employees that are full time other than
Senior Boating Safety Officers, Boating Safety Officers, Boating Education
Officers, Team Leader Environmental Services and Environmental Service
Officers.
64.2 "38 hour per
week Employees" means Senior Boating Safety Officers, Boating Safety
Officers, Boating Education Officers, Team Leader Environmental Services and
Maritime Environmental Service Officers.
64.3 Technical
Compliance Officer, Vessel Standards and Liaison Officer, Seafarer Standards
and Liaison Officer and their respective Team Leaders on an annualized salary:
The ordinary hours of work shall not be less than 161 hours per month averaged
over a 12 month period.
64.4 Maritime
Environmental Service Officers working a 12 hour day, rostered
on three days on and three days off are deemed to work an average of 1792 hours
a year. Such Employees will receive a 12 hour break
between shifts.
64.5 Hours of work
will be arranged to take into consideration the specific business needs of the Employer,
and where possible, the work preferences of Employees. Service and functions
provided by the Employer will not be withdrawn to accommodate the absence of
Employees under the hours of work arrangements.
64.6 Unless prescribed
otherwise in the Specific Provisions, the starting and finishing times within
the spread of ordinary hours should be mutually agreed between the Employer and
Employees, however if agreement cannot be reached the needs of the organisation
must prevail and the Employer will therefore determine starting and finishing
times.
64.7 Once starting and
finishing times have been established, reasonable notice will be given
(normally 5 calendar days) of any changes required.
64.8 The working of
additional hours within the spread of hours will be by reasonable notice from
the Employer.
64.9 Ordinary Hours -
35 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 35 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 140 hours for Employees on a four
week cycle, 280 hours for Employees on an eight week cycle, or 420 hours
for Employees on a twelve week cycle.
(b) the span of
ordinary hours are between 0700 and 1900.
64.10 Ordinary Hours -
38 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 38 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 152 hours for Employees on a four
week cycle, 304 hours for Employees on an eight week cycle, or 456 hours
for Employees on a twelve week cycle.
(b) the span of
ordinary hours are between 0600 and 1800.
64.11 A meal break will
be taken not more than 5 hours after commencing duty and shall be a minimum of
30 minutes. The time taken for a meal break will not count as hours worked.
64.12 Product Services
Officers (PSOs) state-wide are responsible for the operation of a call centre,
7 days a week. The staffing of the call centre on weekends and for any weekday
shifts outside of 8.30am to 4.30pm is on a voluntary basis initially, however
if shifts cannot be filled the Employer can direct Employees to work. Any days
worked by PSOs on weekends are paid at the appropriate penalty rate.
64.13 Notwithstanding
the provisions of this clause, an Employee and the Employer may agree to other
arrangements provided they meet the needs of the business
and the contract hours are worked within the cycle.
64.14 Unless prescribed
otherwise:
(a) call back:
Employees recalled to work will be entitled to be paid a minimum of 4 hours at
the appropriate rate on the understanding this provision will not apply to
Employees called in to work early in which case, if outside the spread of
ordinary hours, they shall be paid at the overtime rate.
(b) 10 hour break: Where an Employee works additional hours, the
Employee shall not be required to return to work for duty for a least ten
consecutive hours between the termination of work on one day and the
commencement of work on the next day. The Employee shall be provided with a
break without loss of pay for ordinary working time occurring during such
absence.
65. Maritime Trainees
Ordinary Hours of Work
65.1 Ordinary hours of
work will be an average of 35 hours per week over a cycle of four weeks on any
day Monday to Sunday.
65.2 The span of
ordinary hours worked by Maritime Trainees will be:
(a) between 0600
and 1800 when working with ESOs and BSOs;
(b) between 0700 and
1900 when working with PSOs.
65.3 Hours worked on a
Saturday will be paid a loading of 50% for the first 2 hours and 100% for the
remainder.
65.4 Hours worked on a
Sunday will be paid a loading of 100%.
65.5 Hours worked on a
Public Holiday will be paid a loading of 150%.
65.6 Hours worked
outside the span of ordinary hours for each group working on weekdays will be
paid a loading of 50%.
66. Additional Hours
66.1 The provisions of
this clause do not apply to the positions of Senior Boating Safety Officers,
Boating Safety Officers, Marine Investigators, Team Leaders in Environmental
Services, Environmental Service Officers, and Technical Compliance Officers,
Vessel Standard and Liaison Officers, Seafarer Standards and Liaison Officer
and their respective Team Leaders.
66.2 Hours worked in
addition to the total number of ordinary hours required to be worked are
‘additional hours’ and shall only be worked/accrued with the agreement of the
Employer.
66.3 Additional hours
up to a maximum of 21 hours per four week cycle are to
be taken off at a mutually convenient time, as time off in lieu on the basis of
one hour per additional hour worked. Additional hours accrued at the end of
each cycle may be carried over to the next cycle by mutual agreement. In
circumstances where operational requirements do not allow for time off in lieu within a 3 month period, the Employer may authorise for the
additional hour(s) to be paid out at ordinary single time after the expiration
of 3 months.
66.4 Additional hours
worked in excess of 21 hours in a four week cycle are
paid at time and a half up to 28 hours and double time thereafter or
alternatively, by agreement, taken as time off in lieu at ordinary time.
67. Overtime
67.1 The provisions of
this clause shall not apply to positions on Annualised Salaries.
67.2 The following
overtime provisions will apply to Employees who work outside the span of
ordinary hours outlined in clause 66 (Additional Hours).
67.3 35 hour per week
Employees including Maritime Trainees - Overtime worked Monday to Saturday will
be paid at the rate of time and a half for the first two hours and double time
thereafter. Overtime worked on a Sunday will be paid at the rate of double
time.
67.4 38 hour per week
Employees - overtime worked Monday to Saturday will be paid at the rate of
double time. Overtime worked on a Sunday will be paid at the rate of double
time and one half.
67.5 Overtime worked
on a public holiday will be paid at the rate of double time and one half in
addition to the normal remuneration for that day.
67.6 Employees
required to work overtime beyond the spread of hours Monday to Friday to beyond
12.30pm on Saturdays, Sunday and Public Holiday will be entitled to a paid
meal.
68. Fitness for Duty
68.1 It shall be a
condition of employment that Senior Boating Safety Officers, Boating Safety
Officers, Boating Education Officers, Team Leaders in Environmental Services,
Environmental Service Officers and Hydrographic
Surveyors maintain a level of fitness consistent with the demands of the
position. This will ensure the continued health and safety of SBSOs, BSOs,
BEOs, TLs, ESOs and HSs and as such recognises that there is a range of
environmental and operational conditions that could impact on the health of an
officer.
68.2 Subsequent to
appointment and, in order to ensure that prescribed
fitness standards are maintained SBSOs, BSOs, BEOs, TLs, ESOs and HSs will be
required to be medically assessed every two years or on a more frequent basis
if indicated by medical advice. Wherever possible medical examinations, to a
prescribed format, shall be carried out by the Employer’s Occupational Health
Physician, or by other similarly qualified practitioners nominated by the
Employer.
68.3 The ongoing
standard of fitness required of SBSOs, BSOs, BEOs, TLs, ESOs and HSs will be
determined as required by the Employer’s Occupational Health Physician having
regard to the nature of the job and the circumstances under which it is
performed. The Employer shall provide a list of suitable female doctors for
medicals.
68.4 An officer who
fails to meet the prescribed fitness standards will be given an appropriate period of time, as determined on medical advice, to achieve
the level of fitness required. Subsequently, an officer who fails the medical
re-assessment or who is deemed on medical advice not capable of regaining or
maintaining an acceptable level of fitness, will be rehabilitated to another
position in accordance with the RMS Group Fitness To
Continue Procedure.
68.5 An officer who
fails to meet the fitness standards and/or is advised by the consulting
physician on lifestyle changes, initiatives to improve fitness or other
measures, shall be referred to their personal doctor for further investigation.
Henceforth any additional costs incurred by the officer, for the purpose of
re-gaining the required level of fitness, will be the responsibility of the
officer concerned.
68.6 SBSOs, BSOs,
BEOs, TLs, ESOs and HSs returning to work after long term absences from active
work will be required to undergo a periodic assessment before the commencement
of duties. Officers returning to active duties after a prolonged illness or
injury will be required to submit a private medical clearance before the
resumption of duties, as well as undergoing their periodic medical when it
falls due.
69. Allowances
69.1 On-call Allowance
Employees who are rostered to be on call, in the event of
an emergency, outside core hours and at weekends and on Public Holidays are
entitled to the on call allowance specified in item
19(b) of Schedule B.
69.2 Childcare
Allowance
The Employer agrees to provide assistance with the cost
of child care fees up to the maximum amount listed in
item 21 of Schedule B per child where the Employee’s children are in
registered/approved child care facilities (i.e. long day care and vacation
care) in accordance with the RMS Group Child Care Subsidy Procedure (as varied from
time to time).
69.3 Gym Membership
The Employer agrees to provide
assistance with the cost of gym memberships up to the maximum amount
listed in item 22 of Schedule B in accordance with the RMS Group Gym Subsidy
Scheme (as varied from time to time).
69.4 Environmental
Services Master 5 Allowance
Maritime Employees who hold a Master 5 qualification to
carry out duties on specific Environmental Services vessels are entitled to the
allowance specified in item 23 of Schedule B.
70. Conditions Applicable
to Managers in Operations and Compliance Branch at Salary Levels Ma16a, MA16AA
MA17A and MA17AA
70.1 The annualised
salary covers all incidents of employment and counts for superannuation
purposes. All incidents of employment includes
ordinary hours, excess hours, TIL, overtime and weekend or public holiday
penalties. No additional payments will be made nor is TIL to be taken or paid.
70.2 The annualised
salary is payable provided the Managers have worked at least 161 hours per four week cycle averaged over a 12 month period, other than
for agreed leave periods. The annualised salary shall cease to be paid if the
Manager reverts to the working of ‘ordinary hours’ for a 35
hour week Employee. In such case the Manager will be paid at the
relevant Maritime Officer rate.
70.3 For Employees on
annualised salary, their ordinary hours shall be worked on any day Monday to
Sunday. Ordinary hours will exclude the meal breaks which will be a minimum of
30 minutes subject to operational requirements and not count as hours worked.
70.4 Notwithstanding
any other provisions of this clause, the Employer and the Employee may agree to
other arrangements provided they meet the needs of the business unit and the contract hours are worked within the cycle.
71. Conditions
Applicable to Senior Boating Safety Officers (SBSOS), Boating Safety Officers
(BSOS) and Boating Education Officers (BEOS)
71.1 Any reference to
Boating Safety Officers (BSOs) should also be read as referring to Senior
Boating Safety Officers (SBSOs) and Boating Education Officers (BEOs).
71.2 The parties agree
to maintain, where necessary, an on call capability to
deal with emergencies or other urgent needs or demands which arise from time to
time and the deployment of Employees within regions to augment resources
available for the conduct of special operations.
71.3 In order to
provide optimum services it is accepted that full staffing will be required
during the period 26 December to 31 January (inclusive). Accordingly, in line
with business needs, there will be a restriction on taking leave throughout
this period unless the leave is Sick Leave, Personal Carer’s Leave, Parental
Leave and approved Extended Leave provided these forms of leave are not to be
used in lieu of Annual Leave. The ability to take leave throughout the rest of
the year is subject to the needs of each regional business unit.
71.4 The annualised
salary is only payable when a BSOs is routinely working weekends and public
holidays in accordance with the ordinary hours of work contained in subclause
71.5, other than for agreed periods when weekend work is not required and
periods of annual, parental, maternity, adoption, extended leave, special leave
and jury duty or workers compensation until the statutory rate is applied. The
annualised salary shall cease to be paid if the BSO ceases to work the required
hours of the annualised salary, other than for leave in accordance with this
subclause, and the BSO will revert to the relevant pay rate.
71.5 Ordinary Hours of
Work
(a) The BSO’s role
is principally day work. Nothing in this Award is intended to provide any means
to either of the parties to convert this work to a quasi-shift work
arrangement.
(b) There are no
fixed hours and the expectation is that each BSO will
arrange their hours to cover the work required. This may involve working more
or less than 7.6 hours per day, working additional hours and/or taking TIL.
(c) The ordinary
hours of work shall be worked on any day Monday to Sunday in accordance with
the operational needs of the business.
(d) The ordinary
hours of work shall be an average of 38 hours per week (152 hours for BSOs on a
4 week cycle, 304 hours for BSO on an 8 week cycle,
and 456 hours for BSOs on a 12 week cycle).
(e) It is
recognised that the usual span of hours will be between 6am and 6pm on any day
Monday to Sunday. BSOs may be required to work outside the usual span of
ordinary hours in accordance with the operational needs of the business unit.
Where hours are directed to be worked, and are considered by the BSO to be
excessive, the work will be performed, if it is safe to do so, and any such
grievance will be progressed in accordance with clause 6 Grievance Procedure of
this Award.
(f) A meal break
will be taken not more than five hours after commencing work and shall be a
minimum 30 minutes and will not count as time worked.
(g) The ordinary
hours of work required to be worked shall include two consecutive days off
after working 5 days in lieu of a Saturday and Sunday, except in the case of a
call out for a designated emergency or as otherwise required by the Employer.
(h) If a rostered
day off falls on a public holiday and the BSO has worked on that day, then an
alternative RDO shall be taken. Wherever possible, alternative RDOs will be
scheduled so that 2 consecutive RDOs may be taken. The day off will coincide
with the BSOs preference where possible.
(i) Rosters
shall include 16 weekends or the equivalent of 32 weekend days between 1
February and 25 December each year where BSOs are not rostered for work,
subject to business and rostering needs.
71.6 Additional Hours
(a) At the request
of the Employer, BSOs will undertake duties from time to time outside their usual
span of ordinary hours of work as follows:
(i) Any
hours required to be worked in excess of the ordinary hours of 152 hours per four week period pursuant to subclause 71.5 above are
"Additional hours" and must have the approval of the Employer.
(ii) A reasonable
number of additional hours shall be worked to accommodate the functions of the
Employer.
(b) Additional hours
worked by BSOs between 0600 and 1800 are to be taken as TIL at an agreed time on the basis of one hour for each additional hour worked. In
the event that the BSO cannot take the TIL within a reasonable time period (or
within a three month period), then the Employer may
authorise for the additional hour(s) to be paid out at ordinary single time.
(c) Up to 21
additional hours worked including those gained by working Public Holidays and
outside the ordinary span of hours between 26 December and 31 January are to be
paid out by the Employer at the ordinary rate of pay unless approval is granted
by the Employer for TIL to be taken. For
any additional hours above 21 hours, such hours are, by agreement between the
BSO and Employer, to be paid out at the ordinary rate of pay or taken as TIL on the basis of one hour for each additional hour
worked. In the event that the BSO cannot
take the TIL within a reasonable time period (or within a three
month period), then the Employer may authorise for the additional
hour(s) to be paid out at ordinary single time.
(d) Notwithstanding
other provisions contained in subclause 71.4, a BSO and the Employer may agree
to other arrangements provided they meet the needs of the business and the
total number of ordinary hours to be worked within the 12
month period.
71.7 Work Outside
Ordinary Hours (WOOH)
(a) BSO may be
required to work outside the usual span of hours prescribed in subclause 71.5.
(b) Hours worked
outside the usual span of hours shall accrue as double the usual TIL and taken
as time off in lieu, provided that where it is not possible to take time off in
lieu, the time accrued will be paid out at single time (not taken within a 3 month period).
(c) The provisions
of subclause 71.5(b) above shall not apply in the event of on-water emergencies
which began during the usual work period.
For example for 4 hours worked
outside the hours of 0600-1800, excluding on-water emergencies, a BSO will
accrue 8 hours TIL to be taken as 8 hours or paid as 8 hours at single time.
71.8 Public Holidays
(a) BSOs in receipt
of an annualised salary who are required to work on a public holiday are
entitled to receive TIL for each hour worked.
72. Conditions
Applicable to Team Leaders Environmental Services (TLES) and Environmental
Services Officers (ESOs)
72.1 The roster and
annualised salaries makes provision for:
(a) 12 hour shifts,
(b) working three
days on/three days off,
(c) 190 hours
annual leave,
(d) Ordinary hours
being 0600 to 1800 Monday to Sunday,
(e) Sick Leave and
Higher Duties allowance calculated at 10.86 hours a day,
(f) 55 minute break,
(g) Additional 14
minutes paid with the annualised salary at ordinary time rate not the overtime
rate,
(h) Working 5 public
holidays in a twelve month period,
(i) Working
Regular Aquatic Events on Boxing Day, New Year’s Eve
and Australia Day,
(j) No accrual of
additional hours or TIL.
72.2 The annualised
salary shall count for superannuation purposes.
72.3 The annualised
salary includes provision to work a rostered 12 hour
day, three days on, three days off including weekends and public holidays,
other than for approved leave. The annualised salary shall cease to be paid if
for any reason the officer reverts to working a 38 hour
week instead of the 12 hour day, 3 days on, 3 days off roster including public
holidays and special leave events. The Employee will be paid at the applicable
Maritime Officer classification.
72.4 The ordinary
hours of work are up to 12 hours, 0600 to 1800, Monday to Sunday, however, in exceptional
circumstances such as Regular Aquatic Events and Special Aquatic Events, start
and finish times and the number of hours may be varied to suit business needs,
following consultation and reasonable notice.
72.5 Overtime shall be
paid for hours worked at the following rates:
(a) double time for
hours worked in excess of 12 on Monday to Saturday;
(b) double time and
a half for hours worked in excess of 12 on Sunday;
(c) double time and
a half in addition to normal remuneration for hours worked in
excess of 12 on a public holiday.
72.6 A minimum of four
hours shall be paid at the appropriate overtime rate when called back to work
for an emergency e.g. oil spill.
72.7 Any overtime
payable as per this subclause shall be paid on the base hourly rate of the
position and not at the annualised rate.
72.8 Employees
required to work overtime beyond the ordinary spread of hours Monday to Sunday
and Public Holidays will be entitled to a Meal Allowance.
72.9 Annual and
Extended leave may only be taken in accordance with the Leave Roster.
72.10 Where a public
holiday falls on a Saturday or Sunday but the public holiday is gazetted to
fall on a following weekday the actual weekend public holiday shall be
considered one of the 5 public holidays which ESO’s are required to work under
cl 72.1(h).
73. Conditions
Applicable to the Payment of Annualised Salaries
73.1 Annualised
salaries shall cease to be paid if for any reason an Employee does not work the
requisite hours and/or weekends, public holidays or special
events and/or reverts to working the ‘ordinary hours’ applicable to 35 hours or
38 hours per week Employees. In such cases, the Employee shall be paid at the
relevant rate contained in the Maritime Officer Scale.
(a) For Team Leader
Technical and Environmental Compliance and Team Leader Standards and Industry
positions on an Annualised Salary: The annualised salaries covers
all incidents of employment including excess hours, TIL, overtime and weekend
and public holiday penalties. Unless otherwise provided for in this Award, no
additional payments will be made nor is TIL to be taken or paid. Position
holders will be reviewed annually and where the ordinary hours of work are less
than 161 per month, the provisions of subclause 73.1 above will apply.
(b) For Operational
Positions on an Annualised Salary: The annualised salaries cover incidents of
employment including working weekends and public holidays, the requisite
Regular Aquatic Events on Boxing Day, New Year's Eve
and Australia Day. For Team Leaders, Environmental Services and Environmental
Services Officers, the annualised salary also covers ordinary hours of work to
include working a 12 hour day, 3 days on and 3 days
off.
(c) For
Investigators on an Annualised Salary: The annualised salary covers all
incidents of employment so that the ordinary hours of work shall not be less
than 161 hours per month averaged over a 12 month
period, and includes routinely working outside core hours, and on weekends and
public holidays as required by business needs.
(d) For Technical
Compliance Officers, Vessel Standards and Liaison Officers, Seafarer Standards
and Liaison Officer and their respective Team Leaders on an Annualised Salary:
The annualised salary covers all incidents of employment and includes working
outside core hours and occasionally on weekends (excluding public holidays).
(e) Remote
Supervision positions on an Annualised Salary: The annualised salary covers all
incidents of employment and includes the requirement to supervise a large number of people and routinely work outside core
hours and on weekends and public holidays.
73.2 Certain positions
or categories of employment have agreed to be on annualised salaries. Salary
grades suffixed with an "A" represent annualised salaries in Part 3
of Schedule A. "AA" also represents an annualised salary but for a
different category of Employee.
74. Competency
Progression of Maritime Employees
74.1 All new appointed
Boating Safety Officers (BSOs), Product Services Officers (PSOs), permanent
full-time Boating Education Officers (BEOs), have a probationary period of six
months linked to their competency training program and salary progression
system.
73.2 BEOs are graded
as MA5A, and may progress to BSO (subject to merit
selection).
74.3 BSOs are graded
as MA5A - entry level; MA7A - mid level (6 months post appointment); and MA11A
- fully competent (12 months post appointment).
74.4 PSOs are graded
as MA3 and progress through the grades to MA6.
74.5 Maritime Services
Trainees are remunerated in accordance with the Crown Employees (Public Service
Training Wage) Reviewed Award 2008 contained in the Crown Employees (Public
Sector - Salaries 2019) Award or its replacement whilst under the traineeship.
75. Change of Position
75.1 Current Employees
who change their role involving a different skill set to that for which they
were employed as PSO to BSO will have a ‘fit for position’ period agreed
between the Employer and the Employee and be able to return to their
immediately preceding substantive position if either the Employee or Employer
find they are not compatible with the new role. If the Employee returns to
their substantive position, an unreasonable failure to meet their work
requirements may be viewed as a refusal to perform duties.
76. Specific Provisions
for Special Aquatic Events
76.1 Maritime will
determine, in consultation with Employees and /or their Employee
representatives, which events fall into the category of Special Aquatic Events
and the dates of such events. This consultation with Employees and /or their Employee representatives will occur annually for existing
Special Aquatic Events and as needed when new Special Aquatic Events are added
to the calendar. In such cases the working arrangements/compensation for
on-water Employees required to work to support Special Aquatic Events are as
follows:
(a) SBSOs and BSOs
If the day falls on an RDO they will be entitled to an
alternative RDO at a time which suits business needs.
Where one month’s notice is not given to a BSO that
they are required to work on their RDO for a Special Aquatic Event, that BSO
will be entitled to an additional RDO of 7.6 hours to be taken subject to needs
of each regional business unit.
If the day falls on a normal working day, they will
work as normal, and will only be granted a day off in lieu if the event is
gazetted as an additional Public Holiday which means that the day is extra to
the Public Holidays for which they already have been remunerated in their
salary package.
The Employer will endeavour to ensure all employees
receive a break when working Special Aquatic Events. However, when due to
operational requirements employees cannot take a break, they will be entitled
to a paid crib break.
(b) Team Leaders
Environmental Services and Environmental Service Officers
If the days falls on an RDO they will be entitled to an
alternate RDO at a time which suits business needs.
If the days falls on a normal working day, they will
work as normal, and will only be granted a day off in lieu if the event is
gazetted as an additional Public Holiday which means that the day is extra to
the Public Holidays for which they already have been remunerated in their
salary package.
If they work more than 12 hours
they will be paid overtime.
The Employer will endeavour to ensure all employees
receive a break when working Special Aquatic Events. However, when due to
operational requirements employees cannot take a break, they will be entitled
to a paid crib break.
(c) Hydrographic
Surveyors
If the day falls on a normal working day, they will
work as normal. If the event is gazetted as Public Holiday
they will be paid the appropriate penalty rates for the time worked.
If the day falls on a weekend, they will be paid
appropriate penalty rates for time worked.
77. Professional
Development for Maritime Employees
77.1 The Employer and Maritime
Unions will work together to ensure fit for purpose workforce development that
builds and maintains the workforce capability.
77.2 The Employer and
Maritime Unions are committed to identifying future risks and committed to
working together constructively to find solutions.
77.3 The Employer and
Maritime Unions agree that Maritime Employees will continue to be provided with
opportunities for professional development as part of the Professional
Development Review process. The type of internal and external courses provided
will be determined by consultation between the Maritime Unions and the
Employer.
77.4 Professional
development will not be limited to internal and external training courses and
may include shadowing, mentoring, coaching, attendances at conferences,
seminars or short term study courses which have been
approved by the Employer and permission granted for the Employee to attend.
77.5 Where a Maritime
Employee is unable to access professional development for a period of more than
18 months, then such grievance will be progressed in accordance with clause 6
Grievance Procedure of this Award
SCHEDULE A - CLASSIFICATION
STRUCTURE AND RATES OF PAY
PART 1 - SALARIED EMPLOYEE CLASSIFICATIONS (INCLUDING COMPLIANCE
OPERATIONS INSPECTORS)
Table 1: Salaried
Employee Classifications (including Compliance Operations Inspectors)
|
Unified Salary
Scale Grades
|
2.5% increase from
the first full pay period on or after 1 July 2019
Per annum
$
|
2.5% increase from
the first full pay period on or after 1 July 2020
Per annum
$
|
2.04% increase from
the first full pay period on or after 1-Jul-2021
Per annum
$
|
2.53% increase from
the first full pay period on or after 1 July 2022
Per annum
$
|
4.0% increase from the
first full pay period on or after 1 July 2023
Per annum
$
|
|
Grade 1
|
40,429
|
41,440
|
42,285
|
43,355
|
45,089
|
|
|
44,343
|
45,452
|
46,379
|
47,552
|
49,454
|
|
|
50,693
|
51,960
|
53,020
|
54,361
|
56,535
|
|
Grade 2
|
53,464
|
54,801
|
55,919
|
57,334
|
59,627
|
|
|
55,890
|
57,287
|
58,456
|
59,935
|
62,332
|
|
|
57,970
|
59,419
|
60,631
|
62,165
|
64,652
|
|
Grade 3
|
61,554
|
63,093
|
64,380
|
66,009
|
68,649
|
|
|
64,437
|
66,048
|
67,395
|
69,100
|
71,864
|
|
|
67,439
|
69,125
|
70,535
|
72,320
|
75,213
|
|
Grade 4
|
69,496
|
71,233
|
72,686
|
74,525
|
77,506
|
|
|
72,222
|
74,028
|
75,538
|
77,449
|
80,547
|
|
|
75,064
|
76,941
|
78,511
|
80,497
|
83,717
|
|
Grade 5
|
77,643
|
79,584
|
81,208
|
83,263
|
86,594
|
|
|
80,153
|
82,157
|
83,833
|
85,954
|
89,392
|
|
|
81,597
|
83,637
|
85,343
|
87,502
|
91,002
|
|
Grade 6
|
83,389
|
85,474
|
87,218
|
89,425
|
93,002
|
|
|
85,920
|
88,068
|
89,865
|
92,139
|
95,825
|
|
|
88,731
|
90,949
|
92,804
|
95,152
|
98,958
|
|
Grade 7
|
90,661
|
92,928
|
94,824
|
97,223
|
101,112
|
|
|
93,861
|
96,208
|
98,171
|
100,655
|
104,681
|
|
|
95,682
|
98,074
|
100,075
|
102,607
|
106,711
|
|
Grade 8
|
99,608
|
102,098
|
104,181
|
106,817
|
111,090
|
|
|
103,652
|
106,243
|
108,410
|
111,153
|
115,599
|
|
|
106,889
|
109,561
|
111,796
|
114,624
|
119,209
|
|
Grade 9
|
111,806
|
114,601
|
116,939
|
119,898
|
124,694
|
|
|
115,017
|
117,892
|
120,297
|
123,341
|
128,275
|
|
|
120,194
|
123,199
|
125,712
|
128,893
|
134,049
|
|
Grade 10
|
123,229
|
126,310
|
128,887
|
132,148
|
137,434
|
|
|
128,088
|
131,290
|
133,968
|
137,357
|
142,851
|
|
|
134,668
|
138,035
|
140,851
|
144,415
|
150,192
|
|
Grade 11
|
138,829
|
142,300
|
145,203
|
148,877
|
154,832
|
|
144,871
|
148,493
|
151,522
|
155,356
|
161,570
|
|
148,134
|
151,837
|
154,934
|
158,854
|
165,208
|
|
Grade 12
|
156,802
|
160,722
|
164,001
|
168,150
|
174,876
|
|
|
161,380
|
165,415
|
168,789
|
173,059
|
179,981
|
|
|
167,018
|
171,193
|
174,685
|
179,105
|
186,269
|
|
Grade 13
|
172,002
|
176,302
|
179,899
|
184,450
|
191,828
|
|
|
176,459
|
180,870
|
184,560
|
189,229
|
196,798
|
|
|
184,916
|
189,539
|
193,406
|
198,299
|
206,231
|
PART 2 - PROFESSIONAL
ENGINEERS
Table 2 - Professional Engineers
|
Engineering Scale
|
Year
|
2.5% increase from the first full pay
period on or after 1 July 2019 Per annum
$
|
2.5% increase from the first full pay
period on or after 1 July 2020 Per annum
$
|
2.04% increase from the first full pay
period on or after 1 July 2021 Per annum
$
|
2.53% increase from the first full pay
period on or after 1 July 2022 Per annum
$
|
4.0% increase from the first full pay
period on or after 1 July 2023 Per annum
$
|
|
Cadet Engineer Level 1
|
-
|
42,871
|
43,943
|
44,839
|
45,973
|
47,812
|
|
Cadet Engineer Level 2
|
-
|
45,347
|
46,481
|
47,429
|
48,629
|
50,574
|
|
Cadet Engineer Level 3
|
-
|
48,111
|
49,314
|
50,320
|
51,593
|
53,657
|
|
Cadet Engineer Level 4
|
-
|
51,150
|
52,429
|
53,499
|
54,853
|
57,047
|
|
Cadet Engineer Level 5
|
-
|
55,102
|
56,480
|
57,632
|
59,090
|
61,454
|
|
Cadet Engineer Level 6
|
-
|
55,669
|
57,061
|
58,225
|
59,698
|
62,086
|
|
GRAD Program
|
1
|
78,689
|
80,656
|
82,301
|
84,383
|
87,758
|
|
Engineer
|
2
|
81,233
|
83,264
|
84,963
|
87,113
|
90,598
|
|
3
|
82,698
|
84,765
|
86,494
|
88,682
|
92,229
|
|
Engineer Level 1
|
1
|
91,887
|
94,184
|
96,105
|
98,536
|
102,477
|
|
|
2
|
95,131
|
97,509
|
99,498
|
102,015
|
106,096
|
|
|
3
|
96,975
|
99,399
|
101,427
|
103,993
|
108,153
|
|
|
4
|
100,956
|
103,480
|
105,591
|
108,262
|
112,592
|
|
|
5
|
105,048
|
107,674
|
109,871
|
112,651
|
117,157
|
|
|
6
|
108,332
|
111,040
|
113,305
|
116,172
|
120,819
|
|
Engineer Level 2
|
1
|
113,314
|
116,147
|
118,516
|
121,514
|
126,375
|
|
|
2
|
116,571
|
119,485
|
121,922
|
125,007
|
130,007
|
|
|
3
|
121,817
|
124,862
|
127,409
|
130,632
|
135,857
|
|
Engineer Level 3
|
1
|
124,890
|
128,012
|
130,623
|
133,928
|
139,285
|
|
|
2
|
129,816
|
133,061
|
135,775
|
139,210
|
144,778
|
|
|
3
|
136,484
|
139,896
|
142,750
|
146,362
|
152,216
|
|
Engineer Level 4
|
1
|
140,704
|
144,222
|
147,164
|
150,887
|
156,922
|
|
|
2
|
146,825
|
150,496
|
153,566
|
157,451
|
163,749
|
|
|
3
|
150,130
|
153,883
|
157,022
|
160,995
|
167,435
|
|
Engineer Level 5
|
1
|
158,914
|
162,887
|
166,210
|
170,415
|
177,232
|
|
2
|
163,557
|
167,646
|
171,066
|
175,394
|
182,410
|
|
3
|
169,274
|
173,506
|
177,046
|
181,525
|
188,786
|
|
Engineer Level 6
|
1
|
174,326
|
178,684
|
182,329
|
186,942
|
194,420
|
|
|
2
|
178,842
|
183,313
|
187,053
|
191,785
|
199,456
|
|
|
3
|
187,412
|
192,097
|
196,016
|
200,975
|
209,014
|
Note: All salary
rates in this table include 1.35% annual leave loading.
Professional Engineers Level Descriptions
Engineer Level 1
The Professional Engineer
(as defined) commencement level.
The engineer
undertakes initial professional engineering tasks of limited scope and
complexity, such as minor phases of broader assignments, in office, plant,
field or laboratory work.
Classification
Level definition
Under supervision
from higher-level Professional Engineers as to method of approach and
requirements, the Professional Engineer performs normal professional
engineering work and exercises individual judgement and initiative in the
application of engineering principles, techniques and
methods.
In assisting more
senior Professional Engineers by carrying out tasks requiring accuracy and
adherence to prescribed methods of engineering analysis, design or computation,
the engineer draws upon advanced techniques and methods learned during and
after the undergraduate course.
Training, development and experience using a variety of standard
engineering methods and procedures enable the Professional Engineer to develop
increasing professional judgement and apply it progressively to more difficult
tasks at Level 2.
Decisions are
related to tasks performed, relying upon precedent or defined procedures for
guidance. Recommendations are related to solution of problems in connection to
the tasks performed.
Work is reviewed by
higher-level Professional Engineers for validity, adequacy, methods
and procedures. With professional development and experience, work receives
less review, and the Professional Engineer progressively exercises more
individual judgement until the level of competence at Level 2 is achieved.
The Professional
Engineer may assign and check work of technical Employees assigned to work on a
common project.
Engineer Level 2
Classification
Level definition
Following
development through Level 1, a Professional Engineer who plans and conducts
professional engineering work without detailed supervision, but with guidance
on unusual features and who is usually engaged on more responsible engineering
assignments requiring substantial professional experience.
Engineer Level 3
Classification
Level definition
A Professional
Engineer performing duties requiring the application of mature professional
engineering knowledge. With scope for individual accomplishment and
co-ordination of more difficult assignments, the Professional Engineer deals
with problems for which it is necessary to modify established guides and devise
new approaches.
The Professional
Engineer may make some original contribution or apply new professional
engineering approaches and techniques to the design or development of equipment
or special aspects of products, facilities and
buildings.
Recommendations may
be reviewed for soundness of judgement but are usually regarded as technically
accurate and feasible. The Professional Engineer makes responsible decisions on
matters assigned, including the establishment of professional engineering
standards and procedures, consults, recommends and advises in speciality
engineering areas.
Work is carried out
within broad guidelines requiring conformity with overall objectives, relative priorities and necessary co-operation with other units.
Informed professional engineering guidance may be available.
The Professional
Engineer outlines and assigns work, reviews it for technical accuracy and
adequacy, and may plan, direct, co-ordinate and supervise the work of other
professional and technical Employees.
Engineer Level 4
Classification
Level definition
A Professional
Engineer required to perform professional engineering work involving
considerable independence in approach, demanding a considerable degree of
originality, ingenuity and judgement, and knowledge of more than one field of,
or expertise (for example, acts as his/her organisation’s technical reference
authority) in a particular field of professional engineering.
The Professional
Engineer:
initiates or
participates in short-range or long-range planning and makes independent
decisions on engineering policies and procedures within an overall program;
gives technical
advice to the Employer and operating departments;
may take detailed
technical responsibility for product development and provision of specialised
engineering systems, facilities and functions;
co-ordinates work
programs; and
directs or advises
on use of equipment and material.
The Professional
Engineer makes responsible decisions not usually subject to technical review,
decides courses of action necessary to expedite the successful accomplishment
of assigned projects, and may make recommendations involving large sums or
long-range objectives.
Duties are assigned
only in terms of broad objectives and are reviewed for policy, soundness of
approach, accomplishment and general effectiveness.
The Professional
Engineer supervises a group or groups including Professional Engineers and
other Employees, or exercises authority and technical control over a group of
professional Employees, in both instances engaged in complex engineering
applications.
Engineer Level 5
Classification
Level Definition
A Professional
Engineer usually responsible for an engineering administrative function,
directing several professional and other groups engaged in inter-related
engineering responsibilities, or as an engineering consultant. Achieving
recognition as an authority in an engineering field of major importance to the
organisation.
The Professional
Engineer independently conceives programs and problems to be investigated and
participates in discussions determining basic operating policies, devising ways
of reaching program objectives in the most economical manner and of meeting any
unusual conditions affecting work progress.
The Professional
Engineer makes responsible decisions on all matters, including the
establishment of policies and expenditures of large sums of money and/or
implementation of major programs, subject only to overall policy and financial
controls.
The Professional
Engineer receives administrative direction based on organisation policies and
objectives. Work is reviewed to ensure conformity with policy and co-ordination
with other functions.
The Professional
Engineer reviews and evaluates technical work; selects, schedules, and
co-ordinates to attain program objectives: and/or as administrator, makes
decisions concerning selection, training, performance management and
remuneration of Employees.
Engineer Level 6
Classification
Level Definition
A Professional
Engineer usually responsible for a high-level engineering administrative and/or
management function, directing and taking responsibility for several
professional and other groups engaged in inter-related engineering
responsibilities, or acts as the principal of a specialist engineering
consulting organisation. Has achieved recognition as an authority in an
engineering field of major importance to the organisation.
The Professional
Engineer independently conceives programs and problems to be investigated and
arrives at solutions. Initiates and participates in discussions determining
basic operating policies, devising ways or reaching
program objectives in the most economical manner and of meeting and overcoming
any unusual conditions affecting work progress.
The Professional
Engineer takes responsibility for decisions on all matters contained in area of
management, including the establishment and promulgation of policies. Directs
expenditures of large sums of money and/or implementation of major programs,
subject only to overall organisational policy and financial controls.
The Professional Engineer
reports only to high-level management and receives direction based on overall
organisation policies and objectives. Reviews work assigned by high level
management prior to delegation of tasks to others to ensure conformity with
organisational policy and co-ordination with other organisational functions and
outside agencies.
The Professional
Engineer approves critical technical output from areas under management;
selects, schedules, and co-ordinates to attain program objectives. As manager,
selects upper level Employees, and initiates training,
performance management and decisions on remuneration of all Employees under
direction.
PART 3 - MARITIME
EMPLOYEE CLASSIFICATIONS
Table 3: Maritime
Employee Classifications
|
Level
|
2.5% increase from
the first full pay period on or after 1 July 2019
Per annum
$
|
2.5% increase from
the first full pay period on or after 1 July 2020
Per annum
$
|
2.04% increase
from the first full pay period on or after 1 July 2021
Per annum
$
|
2.53% increase
from the first full pay period on or after 1 July 2022
Per annum
$
|
4.0% increase from
the first full pay period on or after 1 July 2023
Per annum
$
|
|
1
|
51,143
|
52,422
|
53,491
|
54,844
|
57,038
|
|
2
|
55,965
|
57,364
|
58,534
|
60,015
|
62,416
|
|
3
|
64,978
|
66,602
|
67,961
|
69,680
|
72,467
|
|
4
|
68,041
|
69,742
|
71,165
|
72,965
|
75,884
|
|
5
|
73,159
|
74,988
|
76,518
|
78,454
|
81,592
|
|
6
|
76,612
|
78,527
|
80,129
|
82,156
|
85,442
|
|
7
|
82,362
|
84,421
|
86,143
|
88,322
|
91,855
|
|
8
|
86,244
|
88,400
|
90,203
|
92,485
|
96,184
|
|
9
|
92,716
|
95,034
|
96,973
|
99,426
|
103,403
|
|
10
|
97,090
|
99,517
|
101,547
|
104,116
|
108,281
|
|
11
|
104,376
|
106,985
|
109,167
|
111,929
|
116,406
|
|
12
|
109,294
|
112,026
|
114,311
|
117,203
|
121,891
|
|
13
|
117,491
|
120,428
|
122,885
|
125,994
|
131,034
|
|
14
|
123,017
|
126,092
|
128,664
|
131,919
|
137,196
|
|
15
|
132,240
|
135,546
|
138,311
|
141,810
|
147,482
|
|
16
|
138,465
|
141,927
|
144,822
|
148,486
|
154,425
|
|
17
|
148,833
|
152,554
|
155,666
|
159,604
|
165,988
|
|
5A
|
94,829
|
97,200
|
99,183
|
101,692
|
105,760
|
|
7A
|
104,035
|
106,636
|
108,811
|
111,564
|
116,027
|
|
7AA
|
101,005
|
103,530
|
105,642
|
108,315
|
112,648
|
|
9A
|
111,164
|
113,943
|
116,267
|
119,209
|
123,977
|
|
10A
|
118,763
|
121,732
|
124,215
|
127,358
|
132,452
|
|
10AA
|
119,066
|
122,043
|
124,533
|
127,684
|
132,791
|
|
11A
|
126,048
|
129,199
|
131,835
|
135,170
|
140,577
|
|
12A
|
130,965
|
134,239
|
136,977
|
140,443
|
146,061
|
|
13A
|
130,660
|
133,927
|
136,659
|
140,116
|
145,721
|
|
13B
|
137,630
|
141,071
|
143,949
|
147,591
|
153,495
|
|
14A
|
144,691
|
148,308
|
151,333
|
155,162
|
161,368
|
|
15A
|
153,910
|
157,758
|
160,976
|
165,049
|
171,651
|
|
15AA
|
154,710
|
158,578
|
161,813
|
165,907
|
172,543
|
|
16A
|
160,936
|
164,959
|
168,324
|
172,583
|
179,486
|
|
16AA
|
160,936
|
164,959
|
168,324
|
172,583
|
179,486
|
|
17A
|
165,174
|
169,303
|
172,757
|
177,128
|
184,213
|
|
17AA
|
171,302
|
175,585
|
179,167
|
183,700
|
191,048
|
*Applies to the following operational positions
Table 4: Operational Positions
|
Principal Manager
|
MA17AA
|
|
Manager DCV Safety
|
MA17A
|
|
Manager, Maritime Investigations
|
MA17A
|
|
Manager, Wharf Safety & Grants
|
MA17A
|
|
Manager, Operations (various)
|
MA16AA
|
|
Senior Manager Projects
|
MA16A
|
|
Team Leader Technical and Environmental Compliance
|
MA15A
|
|
Team Leader Standards and Industry
|
MA15A
|
|
Technical Compliance Officer
|
MA14A
|
|
Vessel Standards and Liaison Officer
|
MA14A
|
|
Senior Maritime Investigations Officer
|
MA14A
|
|
Seafarer Standards and Liaison Officer
|
MA13A
|
|
Senior Boating Safety Officer
|
MA13B
|
|
Boating Safety Officer
|
Entry Level
|
MA5A
|
|
|
Intermediate
|
MA7A
|
|
|
Fully Competent
|
MA11A
|
|
Team Leader, Maritime Environmental Services
|
MA10AA
|
|
Maritime Environmental Services Officer
|
MA7AA
|
|
Boating Education Officer
|
MA5A
|
SCHEDULE
B - ALLOWANCES AND EXPENSES
Table 5:
|
*
|
To be updated in accordance with the NSW Department of Premier and
Cabinet Circular
|
|
~
|
To be updated in accordance with the Crown Employees (Transferred
Employee Compensation) Award clauses 8.1.3, 10.1.3, 11, 12.1, 13.4
|
|
^
|
Adjusted annually on 1 July by CPI (all groups Sydney index) for the
proceeding 1 April to 31 March period
|
Table 6
|
Item
No.
|
Clause No.
|
Description
|
From the
first full pay period on or after 1 July 2019
Amount $
|
From the
first full pay period on or after 1 July 2020
Amount $
|
From the first
full pay period on or after 1 July 2021
Amount $
|
From the
first full pay period on or after 1 July 2022 Amount $
|
From the
first full pay period on or after 1 July 2023 Amount $
|
|
1
|
21.2.1(b)
|
Meal Allowance while
Travelling Capital Cities & High Cost Country
Centres (refer to (5) below)
Breakfast
Lunch
Evening Meal
‘Tier 2’ Country
Centres & Elsewhere (refer to (5) below)
Breakfast
Lunch
Evening Meal
|
Per meal
28.15
31.65
53.90
25.20
28.75
49.60
|
Per meal
28.70
32.30
55.05
25.75
29.35
50.65
|
Per meal
*
*
*
*
*
*
|
|
*
*
*
*
*
*
|
|
2
|
25.4
|
Meal Allowance on Overtime
|
Per meal
|
Per meal
|
Per meal
|
|
Per Meal
|
|
|
|
Breakfast
|
31.25
|
31.95
|
*
|
|
*
|
|
|
|
Lunch
|
31.25
|
31.95
|
*
|
|
*
|
|
|
|
Evening Meal
|
31.25
|
31.95
|
*
|
|
*
|
|
3
|
21.3
|
Lodgings Location
|
Per Day
|
Per Hour
|
Per Day
|
Per Hour
|
Per Day
|
Per Hour
|
|
Per day
|
Per Hour
|
|
|
|
Capital Cities
|
$
|
$
|
$
|
$
|
$
|
$
|
|
$
|
$
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sydney
|
321.75
|
13.41
|
324.45
|
13.52
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adelaide
|
290.75
|
12.11
|
293.45
|
12.23
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Brisbane
|
308.75
|
12.86
|
311.45
|
12.98
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Canberra
|
301.75
|
12.57
|
304.45
|
12.69
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Darwin
|
353.75
|
14.74
|
356.45
|
14.85
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Hobart
|
280.75
|
11.70
|
283.45
|
11.81
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Melbourne
|
306.75
|
12.78
|
309.45
|
12.89
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Perth
|
313.75
|
13.07
|
316.45
|
13.19
|
*
|
*
|
|
*
|
*
|
|
|
|
High Cost Country Centres (NSW)
|
|
|
|
|
|
|
|
|
|
|
|
|
Bathurst
|
268.75
|
11.20
|
271.45
|
11.31
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Broken Hill
|
272.75
|
11.36
|
280.45
|
11.69
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gold Coast (QLD)
|
342.75
|
14.28
|
345.45
|
14.39
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gosford
|
273.75
|
11.41
|
276.45
|
11.52
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Maitland
|
285.75
|
11.91
|
288.45
|
12.02
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Muswellbrook
|
276.75
|
11.53
|
284.45
|
11.85
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Newcastle
|
302.75
|
12.61
|
310.45
|
12.94
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Orange
|
288.75
|
12.03
|
291.45
|
12.14
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Queanbeyan
|
272.75
|
11.36
|
275.45
|
11.48
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Wagga Wagga
|
277.75
|
11.57
|
280.45
|
11.69
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Wollongong
|
288.75
|
12.03
|
291.45
|
12.14
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Port Macquarie
|
291.75
|
12.16
|
297.45
|
12.39
|
*
|
*
|
|
*
|
*
|
|
|
|
‘Tier 2’ Country Centres (NSW)
|
|
|
|
|
|
|
|
|
|
|
|
|
Dubbo
|
257.60
|
10.73
|
260.15
|
10.84
|
*
|
*
|
|
*
|
*
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Goulburn
|
257.60
|
10.73
|
260.15
|
10.84
|
*
|
*
|
|
*
|
*
|
|
|
|
All other Country Centres (NSW)
|
|
|
|
|
|
|
|
|
|
|
|
|
‘Elsewhere’
|
237.60
|
9.90
|
240.15
|
10.01
|
*
|
*
|
|
*
|
*
|
|
4
|
21.3
|
Incidentals allowance (all locations)
|
20.05 per day
|
20.40 per day
|
* per day
|
|
* per day
|
|
5
|
21.5.2(b)
|
Amount for incidentals deducted from
actual / reasonable expenses
|
20.05 per week
|
20.40 per week
|
* per week
|
|
* per week
|
|
6
|
21.5.2(b)
|
Maximum allowance for Employee separated from dependent
|
254 per week
|
254 per week
|
* per week
|
|
* per week
|
|
7(a)
|
21.5.9(a)
|
(i) Allowance
for removal of furniture- value of Furniture
|
7037.00
|
7037.00
|
~
|
|
~
|
|
|
|
|
|
|
|
|
|
|
7(b)
|
|
(ii) If value above amount in
|
|
|
|
|
|
|
|
|
(i), Employees receive -
|
1126.00
|
1126.00
|
~
|
|
~
|
|
|
|
|
|
|
|
|
|
|
7(c)
|
|
(iii) If value below amount in
|
|
|
|
|
|
|
|
|
(i),
Employees receive -
|
563.00
|
563.00
|
~
|
|
~
|
|
7(d)
|
|
(iv) If not eligible,
Employees shall receive -
|
281.00
|
281.00
|
~
|
|
~
|
|
8
|
21.5.4(c)
|
Max purchase
price of home on which reimbursement of expenses is based
|
520000.00
|
520000.00
|
~
|
|
~
|
|
9
|
21.5.7(b)
|
Rental Subsidy - Max amount of allowance
to offset increased accommodation costs
|
51
|
51
|
~
|
|
~
|
|
10(a)
|
21.5.8(a)
|
Parents to pay first
|
27 per week
|
27 per week
|
~ per week
|
|
~ per week
|
|
10(b)
|
|
The Employer pays up to a maximum of
|
56 per week
|
56 per week
|
~ per week
|
|
~ per week
|
|
11
|
21.6
|
Remote areas allowance (with dependants)
Grade A
Grade B
Grade C
Remote areas allowance (without
dependants)
Grade A
Grade B
Grade C
|
2,114
2,804
3,744
1,475
1,966
2,623
|
2,156
2,860
3,819
1,505
2,005
2,675
|
*
*
*
*
*
*
|
|
*
*
*
*
*
*
|
|
12(a)
12(b)
12(c)
|
21.7
|
Fares subsidy for climatic area - actual
cost less or Maximum amount for Employee with spouse/dependents; or Maximum
amount for Employee without spouse/Dependents
|
52.10
349.05
172.40
|
53.15
356.05
175.85
|
*
*
*
|
|
*
*
*
|
|
13
|
21.9
|
Sydney Harbour Bridge Allowance for Works Supervisors (100%)
|
9172 per annum
|
9401 per annum
|
9593 per annum
|
9836
|
10229 per annum
|
|
14
|
21.5.9(g)
|
Maximum value of furniture and effects on which risk insurance is
paid
|
38000
|
38000
|
~
|
|
~
|
|
15
|
21.8
|
First Aid - Holders of St John’s Ambulance Certificate or equivalent
qualifications
|
$933 per annum
|
$936 per annum
|
* per annum
|
|
* per annum
|
|
16
|
21.8
|
First Aid - Holders of current
occupational first aid certification issued within the previous three years
and in charge of a First Aid room in a workplace of 200 or more
|
$1401 per annum
|
$1405 per annum
|
* per
annum
|
|
* per
annum
|
|
17
|
21.4.2(b)
21.5.10(c)
|
Use of Private Motor
Vehicles on Official Business - Official Business Rate:
|
0.68 per km
|
0.72 per km
|
*
|
|
*per annum
|
|
18
|
21.3.3(b)
21.4.2(b)
21.5.6(c)
21.7(e)
|
Use of Private Motor Vehicles on
Official Business - Specified Journey Rate:
|
0.272 per km
|
0.288 per km
|
*
|
|
*per annum
|
|
19(a)
19(b)
|
21.11
69.1
|
On call allowance (payable to RMS
Salaried Employees other than Maritime Employees)
On call allowance (payable to Maritime
Employees)
|
82 per day (Mon - Fri)
122 per day (Sat, Sun & P. Hol)
0.99 per hour
|
84 per day (Mon - Fri)
125 per day (Sat, Sun & P. Hol)
1.04 per hour
|
86 per day (Mon - Fri)
128 per day (Sat, Sun & P. Hol)
1.06 per hour
|
88
131
1.09
|
92 per day (Mon – Fri)
136 per day Sat, Sun & P. Hol)
1.13 per hour
|
|
20
|
21.5.2(b)
|
Temporary accommodation beyond first 8 weeks: Actual and reasonable
out of pocket expenses for board and lodging less the amount for incidentals
|
*
|
*
|
*
|
|
*
|
|
21
|
69.2
|
Assistance with Child Care fees per child (for Maritime Employees)
|
325.18 per annum
|
331.68 per annum
|
334.67 per annum
|
349.39
|
373.82 per annum
|
|
22
|
69.3
|
Assistance with gym fees based on proof of attendance (for Maritime
Employees)
|
325.18 per annum
|
331.68 per annum
|
334.67 per annum
|
348.39
|
373.82 per annum
|
|
23
|
69.4
|
Superable skill allowance based on holding Master 5 Qualification to
carry out duties on specific Environmental Services vessels
|
9203 per annum
|
9433 per annum
|
9625 per annum
|
9868
|
10,263 per annum
|
|
24
|
21.3.1(a)
|
Applies to RMS Employees required
to camp out or make use of caravans or boats for overnight accommodation in
the course of their duties, when motel/hotel accommodation is neither
available nor appropriate.
|
44.15 per day
|
45.05 per day
|
* per day
|
|
*per day
|
|
25
|
21.10(a)
|
Uniform maintenance allowance -
applies to designated RMS Salaried Employees other than Maritime Employees.
|
8 per week
|
8 per week
|
* per week
|
|
8 per week
|
|
26
|
47.2
|
Incident
co-ordination allowance - applies to Manager - Field Operations &
Services and Field Traffic Managers.
|
40 (Mon - Fri)
60 per day (Sat,
Sun & P. Hol)
|
42 (Mon - Fri)
62 per day (Sat, Sun & P. Hol)
|
43 (Mon - Fri)
63 (Sat, Sun
& P. Hol)
|
44
65
|
46 (Mon – Fri)
68 per day (Sat,
Sun & P. Hol)
|
|
27
|
47.7
|
Incident management allowance - applies to Traffic Commanders (based
on grade) and level of Employee
|
1002 per fortnight
to
1087 per fortnight
|
1027 per fortnight
to
1114 per fortnight
|
1048 per fortnight
to
1137 per fortnight
|
1075
1166
|
1118 per fortnight
to
1213 per fortnight
|
|
|
|
|
|
|
|
|
|
|
|
|
|
APPENDIX A
Calculation of Overnight Expenses
General
The rates of overnight expenses generally reflect the cost
of meals and accommodation at a particular location. Consequently, different
daily rates apply to each capital city in Australia and to selected high cost regional centres and a single rate applies to all
other country locations.
Expenses are paid from the time of departure from
headquarters or permanent residence up to the time the Employee arrives back at
their headquarters or permanent residence.
When calculating expenses, the location of the overnight
stay will dictate the daily allowance rate that will apply and the time of
departure from each location will dictate the change from one rate to another.
Examples
1. Travel to a Single
Destination
An Employee travels from their
permanent residence at Grafton to attend a series of meetings in Sydney
necessitating an overnight stay. The Employee departs Grafton at 6.00am and
arrives back at their permanent residence at 6.00pm the following day.
Calculation of expenses
Employees are entitled to claim 1 day 12 hours at the Sydney
expense rate.
2. Travel itinerary involving
overnight stays at a number of locations
An Employee travels for work
purposes from their headquarters in Sydney staying overnight at Newcastle, and
Bathurst before returning to Sydney. In this example, the location of the
overnight stay will dictate the daily allowance rate that will apply and the
time of departure from each location will dictate the change from one rate to
the next.
The itinerary is as follows:
Day 1 - depart Sydney at 7.00am. Meetings at Newcastle.
Overnight Newcastle.
Day 2 - depart Newcastle at 8.00am. Travel to Bathurst for
meetings. Overnight Bathurst.
Day 3 - depart Bathurst midday. Travel to Sydney arriving at
permanent residence at 5.00pm.
Calculation of Expenses
1 day and 1 hour at the Newcastle expenses rate, i.e. from time of departure at Sydney on day 1 (7.00am) to
the time of departure from Newcastle on day 2 (8.00am); and
1 day and 9 hours at the Bathurst expenses rate, i.e. from time of departure from Newcastle (8.00am) to time
of departure from Bathurst (12.00pm) and travel back to Sydney (5.00pm).
APPENDIX B
Grievance Management Procedure
Procedure Number: CPr20045.1
Effective Date: 31 March 2021
Review Date: 31 March 2023
Who is this document for?
|
All TfNSW Group
Award employees
|
YES
|
|
All RMS Group award employees
|
YES
|
|
Transport Service Senior Managers and
Executives
|
YES
|
|
TfNSW Labour
Hire, Consultants and Professional Service Contractors
|
Refer to 0 only
|
|
All Sydney Metro Group Award employees
|
YES
|
|
TfNSW Labour Hire,
Consultants and Professional Service Contractors
|
Refer to 0 only
|
Purpose
and Scope
TfNSW and Sydney
Metro is committed to being a safe, harmonious and productive
workplace where employees can raise and discuss work-related concerns and
grievances.
The Transport Grievance Management Policy
sets out the responsibilities of the agency, managers
and employees to manage grievances quickly and effectively.
This Procedure explains the process TfNSW and Sydney Metro managers and employees can use to
manage work-related concerns.
Requirements
Identify a
work-related concern
You may identify a work-related concern
about:
a general work-related matter, or
the application of a policy or procedure.
All concerns you raise are managed
confidentially (see 0).
Your work-related concern might be about:
a manager’s decision, including for example,
how they’ve allocated work
a disagreement with another employee or
manager about the way in which work is to be carried out or how a policy or
procedure is interpreted
an interpersonal disagreement between
employees, or
work-related concerns managed by other
procedures (see 0).
Addressing a
work-related concern
A work-related concern can often be resolved
quickly and informally.
General work-related concern
If
you have a work-related concern and you feel capable and safe to do so, you
should discuss the matter with the other person or people involved.
The best
way to do this is to:
find
a time and place where you can talk about the matter without being interrupted
politely
and professionally explain the issue and your concerns
explain
how the issue is affecting you or impacting on your work, and
ask
everyone involved if you can work together to find a
solution.
Concern about application of policy or
procedure
You
can raise concerns about the application of a policy or procedure, including
performance development outcomes, with the decision maker (who may also be your
manager).
To
do this:
explain
your concern to the decision maker
identify
what section of the policy or procedure you believe wasn’t applied or was
applied incorrectly, and
ask
the decision maker to explain how their decision meets the policy or procedure
requirements.
Even
when your concern is raised informally, the decision maker has an obligation to
provide an explanation.
If
you’re not satisfied with the outcome or the explanation you receive, you can
consider lodging a grievance (see 0).
A
grievance will not proceed if your work-related concern relates to reasonable
action by your manager to direct and control how work is done or allocated or
to give you feedback about your work performance. Examples of reasonable action
include:
Concerns
managed by other procedures
Other procedures
and processes can be used for other particular work-related
concerns.
Lodge a grievance
If informal resolution isn’t possible or
wasn’t successful, you can lodge a formal grievance verbally or in writing with
your manager, or a more senior manager if your manager is the subject of the
grievance.
When you provide information to a manager
receiving or managing a grievance, they may contact Professional Standards if
they believe misconduct may have occurred. Any identified misconduct is managed
under the Conduct and Discipline Handling Procedure.
Include the
following information when you lodge a grievance to help the process:
a clear statement that you are lodging a formal grievance details of what the grievance is about,
what happened and who else is involved your preferred outcome for a solution. The
manager addressing the grievance can talk to Professional Standards or their
People Partner for help and advice.
See 0 for
information on confidentiality.
Everyone
involved in a grievance is encouraged to access the Employee Assistance Program
at any time for professional and confidential counselling services. Managers
can also contact the Managers Assistance Program for advice on strategies to
manage difficult issues.
You can access
these programs either online (at https://benestar.com using Organisation
ID: TfNSW and Organisation Token: TFNSW01) or by
phone on 1300 360 364.
Discuss
the grievance
Any meetings to discuss a grievance must be
held privately and, where possible, away from the immediate work area. Managers
and employees can have a support person (see 0) at meetings.
Meet
the person lodging the grievance
Once you lodge a grievance, the manager will
meet with you within 24 hours or as soon as practical.
This meeting is used to discuss the details
of the matter so that you and the manager have a clear understanding of the
issues and the preferred outcome.
If after the discussion, the manager decides
the grievance should be dealt with under this procedure, they’ll confirm with
you that they will meet and discuss necessary details of the grievance with:
the
‘respondent’ (if any), that is the person who is the subject of the grievance,
for example in an interpersonal disagreement, and
any witnesses.
At any time during the process and after
discussing the grievance with Professional Standards, the manager can decide:
the issue
should be dealt with under a different procedure and process (see 0), or
the grievance
is vexatious or trivial (see 0).
In both cases the manager completes a Manager
Grievance Report and emails it to Professional Standards at
professionalstandards@rms.nsw.gov.au as well as taking other necessary action.
Professional Standards liaises with the responsible People Partner in the
business area on receipt of the report.
Meet the respondent (if any)
If the grievance is about another employee,
they are the respondent to the grievance. The manager meets with the respondent
as soon as practical to provide information on the details of the grievance,
the issues involved and the name of the person who lodged the grievance, so the
respondent can respond fully to the manager and provide any relevant
information. The manager confirms with the respondent that the manager will
discuss details of the grievance as part of meetings with any witnesses.
Meet with witnesses (if any)
As soon as practical, the manager meets and
discusses the grievance with any witnesses that may help to confirm information
or provide more details about the grievance.
The manager only provides necessary
information about the grievance to witnesses for them to provide responses.
Finalise the grievance process
Once the manager has gathered all the
necessary information they set up a meeting with those
people directly involved with the grievance.
While a joint meeting is preferred because
the strongest solutions are generated collaboratively, the manager may decide
to hold separate meetings.
Outcomes can include:
a solution is
agreed, which may include:
a commitment
that the concern that caused the grievance will not be repeated
giving or
receiving an apology
adjusting work
arrangements or implementing other strategies to address systemic issues
coaching,
mediation and/ or training for those people directly involved with a grievance
confirming or
amending an original management decision, and/ or
taking other
suitable action
the circumstances
that led to the grievance have improved and no further action is needed, or
some issues remain
or the problem can’t be solved but everyone agrees to continue to work in a
professional manner and move past it.
If a solution can’t
be found, the manager can ask a more senior manager to help or access
additional support from Professional Standards or their People Partner.
Otherwise
the manager confirms the outcome with the people directly involved in the
grievance and ends the grievance management process.
Regardless of the
outcome, the manager completes a Manager Grievance Report and
emails it to Professional Standards at professionalstandards@rms.nsw.gov.au.
Professional Standards liaises with the responsible People Partner in the
business area on receipt of the report.
Other information
you should know
Appeals
The person who lodges the grievance or the
respondent can email or send an appeal to Director People and Culture Business
Partnering in TfNSW or Director People and Culture in
Sydney Metro no later than 21 days after an outcome has been confirmed by the
manager if they believe that all or part of the process did not comply with
this procedure.
Confidentiality
Managers are to treat work-related concerns
raised with them by employees confidentially. Everyone involved in a grievance
management process must maintain confidentiality and only discuss the matter
with the manager, other employees involved in the management of the issue,
support persons, Employee Assistance Program personnel, or immediate family
members. Any breach of confidentiality may result in disciplinary action.
Documentation
The person managing the grievance process
must take brief and factual diary or file notes of all agreed actions and
timelines and must keep all relevant documentation securely for seven years.
In addition the
manager must complete a Manager Grievance Report and forward it by email to
Professional Standards at professionalstandards@rms.nsw.gov.au (see 0 and 0).
Victimisation
Victimisation is any unfavourable treatment
of a person because they raised a work-related concern or lodged a grievance,
or they were a respondent to or involved in a grievance.
Any employee who victimises or retaliates
against any person involved in a grievance may be subject to disciplinary
proceedings.
Vexatious
and trivial grievances
An employee who lodges a grievance that they
know is false, or is considered trivial, or who continues to raise complaints
that have been investigated and finalised, may be subject to disciplinary
processes up to and including termination.
Work-related
concerns from labour hire personnel, consultants and Professional Services Contractors
Labour hire workers or professional service
contractors must raise any work-related concern with their employer, who may
contact Transport for NSW about the matter. Any reports will be taken seriously
and managed in accordance with the commercial agreement with the service
provider and the responsibilities of Transport for NSW.
Related Policy and other relevant/supporting
documents
1. Transport Grievance
Management Policy
Definitions
|
Term
|
Definition
|
|
Grievance
|
A formal verbal or written request by an employee for a work-related
concern to be addressed.
|
|
Respondent
|
The employee who is the subject of a grievance.
|
|
Support Person
|
An individual (including a Union representative) who can provide
advice, guidance and support.
The support person cannot act as an advocate, or argue for the
employee, but they may give advice to the employee. They may also request a
break if needed.
The support person must not present a conflict of interest with the
matter.
|
Tools
Process flowchart – key steps
Document
control
Superseded
documents
This Procedure replaces the following documents:
- TfNSW Grievance Management
Procedure CPr16001.3
- RMS Grievance Management Procedure PN 247P07
Document
history
|
Date & Procedure No.
|
Document owner
|
Approved by
|
Amendment notes
|
|
11 September 2020
CPr20045
|
Director, Industrial
& Workforce Relations
|
Director, Industrial
& Workforce Relations
|
New Procedure
|
|
31 March 2021
CPr20045.1
|
Director, Industrial
and Workforce Relations
|
Chief People Officer
|
Update to confirm
coverage to Sydney Metro
|
Feedback
and help
E. ROBINSON, Industrial
Registrar
____________________
Printed by
the authority of the Industrial Registrar.