Roads and Maritime Services (Traffic Signals Staff) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 297741 of 2023)

 

 

VARIATION

 

1.        Delete paragraph 5.4(e) of clause 5, Area Incidence and Duration, of the award published 20 March 2020 (387 I.G. 271) and all variations thereof and replace with the following:

 

(e)       salaries will increase by 4% from the first pay period commencing on or after 1 July 2023;

 

(f)       allowance items in part B table 2 will be increased in accordance with variations made via Treasury Circulars and Schedule B amended as required.

 

2.        Delete clause 6, No Extra Claims, and replace with the following:

 

6.  No Extra Claims

 

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

 

6.2      Notwithstanding subclause 6.1, the parties to this Award commit to further discussions, in good faith, on claims made during the bargaining of this Award. Subclause 6.1 will not prevent the parties from having these discussions.

 

6.3      The parties to this Award acknowledge that the intention of subclause 6.2 is to facilitate discussions during the term of the Award. 

 

6.4      The terms of subclause 6.1 do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing Award provisions.

 

6.5      The terms of subclause 6.1 do not prevent the parties from taking any proceedings before the NSW Industrial Relations Commission with respect to the review of classifications in Appendix B, and determining the rates of pay associated with any proposed changes in those classifications. This subclause 6.5 will expire on 30 June 2024.

 

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

 

3.        Delete clause 7, Grievance Resolution and replace with the following:

 

7.  Grievance Resolution

 

7.1      Grievance resolution

 

(a)       A grievance is defined as a personal complaint or difficulty. A grievance may:

 

(i)       relate to a perceived denial of an entitlement

 

(ii)      relate to a perceived lack of training opportunities

 

(iii)     involve a suspected discrimination or harassment.

 

(b)      RMS has grievance resolution policy, guidelines and procedures which should be observed when grievances arise because of this Award and can be found on the Transport intranet.

 

(c)       While the policy, guidelines and procedures are being followed, normal work will continue.

 

4.        Insert after subclause 12.7 of clause 12, Working Hours, the following new subclause:

 

12.18  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.

 

5.        Delete subclause 23.1 of clause 23. Public Holidays and replace with the following:

 

23.1    This section covers the following gazetted 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)       Proclaimed state public holidays

 

6.        Delete subclause 29.4 of clause 29, Domestic and Family Violence and replace with the following:

 

29.4    Leave

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

7.        Delete paragraph 29.6(a) of clause 29, Domestic and Family Violence and replace with the following:

 

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

 

8.        Delete section 29.6(b)(ii)B of clause 29, Domestic and Family and replace with the following:

 

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

 

9.        Delete Part B, Monetary Rates, and replace with the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Salary Increases

 

Classification		Current Annual Salary	Rates inclusive of 2.53%	Rates inclusive of 4%
			ffppoa 1/7/2022	ffppoa 1/7/2023
		($) pa	($) pa	($) pa
Grade 4
	Year 1	73,669	75,533	78,554
	Year 2	76,559	78,496	81,636
	Year 3	79,567	81,580	84,843
Grade 5
	Year 1	82,304	84,386	87,761
	Year 2	84,960	87,109	90,593
	Year 3	86,494	88,682	92,229
Grade 6
	Year 1	88,393	90,629	94,254
	Year 2	91,074	93,378	97,113
	Year 3	94,057	96,437	100,294
Grade 7
	Year 1	96,231	98,666	102,708
	Year 2	99,721	102,244	106,334
	Year 3	101,657	104,229	108,398
Grade 8
	Year 1	105,590	108,261	112,591
	Year 2	109,872	112,652	117,158
	Year 3	113,305	116,172	120,819

 

Table 2 - Allowances and Expenses

 

* To be updated in accordance with the NSW Treasury Circulars

 

Clause	Description	Current Rates	From the first full pay period on or after 1 July 2023 Amount $
12.18	On Call Allowance		$92 per day (Mon - Fri) $136 per day (Sat, Sun & P. Hol)
21.1(a) & (c)	Meal on journeys that do not require Overnight accommodation
	Meal allowance	35.25	36.72*
21.2(a)	Meals on overtime Meal allowance	31.95	33.25*
21.5(a)(ii)	Lodging and travelling allowances Breakfast Lunch Evening meal Incidentals	25.75 29.35 50.65 20.40	26.80* 30.60* 52.75* 20.40*

 

10.      Delete the heading "GLOSSARY OF TERMS" in APPENDIX B and insert "CLASSIFICATIONS".

 

11.      Delete APPENDIX C - GRIEVANCE MANAGEMENT PROCEDURE in its entirety.

 

12.      This variation will take effect on and from 1 July 2023.

 

 

 

J. McDONALD, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.