Transport for New South Wales and Sydney Metro Salaries and
Conditions of Employment Award 2022
AWARD REPRINT
This reprint of the
consolidated award is published under the authority of the Industrial Registrar
pursuant to section 390 of the Industrial Relations Act 1996, and
under clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at 1 July 2023.
E.
ROBINSON, Industrial Registrar
Schedule of Variations Incorporated
|
Variation Serial No.
|
Date of Publication
|
Effective Date
|
Industrial Gazette Reference
|
|
|
|
|
Volume
|
Page No.
|
|
C9740
|
13 October 2023
|
1 July 2023
|
395
|
493
|
AWARD
Arrangement
PART A - CORE CONDITIONS COVERING NORMAL OPERATIONS
SECTION 1 - APPLICATION AND OPERATION
Clause No. Subject Matter
1. Introduction
2. Interpretation
3. Title
4. Area, Incidence and Duration
5. Dispute Settlement Procedure (DSP)
6. Union Rights
7. Classifications, Salary
and Allowances
8. Consultation and Change
9. No Extra Claims
10. Local Arrangements
11. Work Environment
12. Anti-Discrimination
SECTION 2 - EMPLOYMENT
CONDITIONS AND ARRANGEMENTS
13. Probationary Period
14. Forms of Employment
15. Contractors and Labour Hire
16. Termination of Employment
17. Abandonment of Employment
18. Hours of Work
19. Breastfeeding
20. Flexible Working Hours
21. Shift Work
22. Flexible Working Practice
23. Leave Provisions
24. Parental Leave
25. Domestic and Family Violence
26. Public Holidays
27. Transfer Allowances
28. Overtime
29. Travelling Expenses
30. Remote Locations Living Allowance
31. Higher Grade and Development
32. Salary Packaging
33. Work Health and Safety
PART B -
CONDITIONS COVERING SHIFT WORKERS IN THE TRANSPORT MANAGEMENT CENTRE
34. TOCs and TIOs
35. TMC Shift workers Other Than TOCs and TIOs
and Transport Commanders
36. Transport Commanders
37. TMC CBD Taskforce and Replacement Bus
Transport Services, Transport Liaison Managers, Emergency Bussing Managers and
Digital Media Support Officers
38. CBD Taskforce and Replacement Bus
Transport Services Area Transport Coordinators and Senior Transport Information
Managers
SCHEDULE A -
CLASSIFICATION STRUCTURE AND RATES OF PAY
Part 1
Part 2
SCHEDULE B -
ALLOWANCES AND EXPENSES
SCHEDULE C
-TRANSITIONAL ARRANGEMENTS
39. Transitional Arrangements
40. Personal Salaries - Code Z
41. Annual Award Increases
42. Former RailCorp Employees
43. Former Maritime Employees
PART A - CORE CONDITIONS COVERING NORMAL
OPERATIONS
SECTION 1 -- APPLICATION AND OPERATION
1. Introduction
1.1 On 1 November
2011, Transport for NSW (TfNSW) was established
pursuant to Part 1A of the Transport Administration Act 1988 (NSW).
1.2 The Transport
Service is the service in which employees who are the staff of TfNSW and Sydney Metro are employed.
1.3 This Award sets
out salaries and conditions of employment for Employees in the Transport
Service in the classifications specified in this Award.
2. Interpretation
2.1 Definitions
Accrued Day Off (ADO) means the day not being a
holiday, that an Employee has off duty arising from the working of a 19 day month.
Act means Transport Administration Act 1988
(NSW).
Dispute Settlement Procedure (DSP) means the procedure
outlined in Clause 5.
Employee means all persons employed as a member of the
Transport Service in the TfNSW Group and the SM Group
who are not designated as a Transport Service senior manager or as a Transport
Service senior executive as defined in the Act.
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 in accordance with s 68C
(3) of the Act.
Extended Leave means long service leave as provided by
clause 23.6.
FACSL means Family and Community Service Leave in
accordance with clause 23.5
Family Member means:
(a) a spouse of the Employee, which includes
a de facto spouse;
(b) a de facto spouse is a person 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:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
"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),
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).
Full-Time Employee means a person who is employed on a
permanent or temporary basis to work the ordinary hours prescribed in clause
18.1.
IRC means Industrial Relations Commission of New South
Wales.
LWOP means Leave Without Pay.
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 that is declared as an
additional holiday for a specified part of the State under the Public
Holidays Act 2010 (NSW).
On Call means an Employee who is required by the
Employer to be available outside their normal working hours for recall to duty.
Part-Time Employee means a person employed on a
permanent or temporary basis in accordance with clause 14.8, including an
Employee working a job share arrangement.
Professional Engineer means an Employee who holds an
undergraduate degree in engineering (4 or 5 year
course) from an Australian University or recognised equivalent and is employed
in a position where a degree in engineering is a requirement.
Rostered Day Off (RDO) means the day that an Employee
has off duty in accordance with the rostering arrangements in their area of
operation.
Saturday means the period between 12 midnight Friday
and 12 midnight Saturday. Secretary means the Secretary of the Department of
Transport.
(Note: a reference to any action taken by the Secretary
or the Employer under this Award is, where appropriate, taken to mean a
reference to action taken by a delegate of the Secretary).
Shift means a turn of duty during which work is
performed.
Shift worker means an Employee who works rostered
shifts.
Sunday means the period between 12 midnight Saturday
and 12 midnight Sunday.
SM 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 Sydney Metro Group.
Temporary Employee means an Employee engaged for a
defined period of time stipulated at the time of
engagement, as varied by agreement.
TfNSW Group means the group
of staff designated by the Secretary of the Department of Transport on 24
February 2014, previously under clause 32A of the Transport Administration
(Staff) Regulation 2012 (NSW) and currently in operation under the Act as being
part of the TfNSW Group.
TIOs means Employees employed as Transport Information
Officers in the Transport Management Centre.
TMC means the Transport Management Centre.
TOCs means Duty Manager Operations Controllers, Deputy
Duty Manager Operations Controllers, Senior Transport Operations Controllers
and Transport Operations Controllers in the Operations Unit of the Transport
Management Centre.
Transport Service means the Transport Service of New
South Wales established by the Act. Union means an organisation of Employees
registered under the Industrial Relations Act 1996 (NSW).
3. Title
This Award shall be known as the Transport for New South
Wales and Sydney Metro Salaries and Conditions of Employment Award 2022
(Award).
4. Area, Incidence and
Duration
4.1 This Award shall
apply to:
(a) The Employer;
and
(b) Employees.
4.2 This Award comes
into effect on 1 July 2022 and will remain in force up to 30 June 2024.
4.3 This Award
rescinds and replaces the Transport for New South Wales Salaries and Conditions
of Employment Award 2019 published 24 September 2021 (390 I.G.408) and operates
in place of clause 5 of the Transport Service of New South Wales Sydney Metro
Agreement 2018 made under s.68(K)(2) of the Act.
4.4 Parties to this
Award are:
(a) the Employer;
(b) Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales (PSA);
(c) Rail, Tram and
Bus Union of New South Wales (RTBU);
(d) the Australian
Services Union, NSW and ACT (Services) Branch (ASU);
and
(e) the Association
of Professional Engineers, Scientists and Managers Australia (APESMA, also
known as Professionals Australia).
(f) the Electrical
Trades Union, NSW Branch.
4.5 An agreement
made under s.68K(2) of the Act shall override this Award to the extent of any
inconsistency.
4.6 Subject to subclause 9.2 the parties will
make best endeavours to commence discussions in relation to the next Award six
months prior to the nominal expiry date of this Award.
5. Dispute Settlement
Procedure (DSP)
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 9.1, 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 local supervisor/manager. The local
supervisor/manager 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 dispute settlement procedure
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 TfNSW
Director Employee Relations (or their Sydney Metro equivalent) 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 Employee 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 subclause 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. Union Rights
6.1 Union Delegates
(a) The Employer
acknowledges that Union delegates represent and speak on behalf of members in
the workplace.
(b) 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:
(i) represent
members in bargaining;
(ii) represent the
interests of members to the Employer;
(iii) consult with
union members and other Employees for whom the delegate is a representative;
and
(iv) place union
information on a union noticeboard in a readily accessible and visible
location.
(c) Union delegates
will be provided with reasonable access to relevant information and reasonable
preparation time before meetings with management 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.
(d) Where a
workplace meeting is called with management, including meetings under the
Dispute Settlement Procedure, Union delegates that attend will be paid by the
Employer any travel and/or accommodation costs necessarily and reasonably incurred.
(e) Union delegates
must give reasonable notice to their manager of the requirement to attend a
meeting arising as a result of the operation of the
Dispute Settlement Procedure. Unless not otherwise possible a Union delegate
should not interrupt Employees who are undertaking
their work duties.
(f) Special leave
with pay will be granted for the following activities undertaken by a Union
delegate as specified below:
(i) annual
or biennial conferences of their own Union, Unions NSW or the Australian Council
of Trade Unions (ACTU);
(ii) attendance at
meetings called by Unions NSW involving the Unions which requires attendance of
a delegate;
(iii) attendance at
their Unions National Executive, State Executive, Divisional Committee of
Management (or equivalent), National Council or State Council;
(iv) 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
(v) attendance at
meetings as a member of a vocational or industry committee.
(g) 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:
(i) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief staff;
(ii) all travelling
expenses being met by the Employee or the Union;
(iii) attendance
being confirmed in writing by the Union or a nominated training provider.
(h) 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.
(i) 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.
(j) 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.
6.2 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 boards:
(i) The
Employer will provide a dedicated page for unions party to this Award on its
intranet site in a readily available location.
(ii) Unions can use
this page to provide links to their own websites to enable employees to access
union information. Unions will provide the relevant information for the page to
the Employer.
(iii) Unions will
provide the hyperlinks to the Employer.
6.3 Inductions -
union information sessions
(a) The Employer
will hold induction sessions for new employees in sessions that may be online
or in-person.
(b) Within induction
sessions, the Employer will include a union information session of up to 30
minutes during which the union parties to this Award can attend and present
information to the inductees.
(c) If the
induction session is online, the Employer will assist the attending unions by
distributing union material electronically.
(d) If more than one
union attends the union information session, those unions will determine how
the union information session time will be divided between the unions.
(e) The Employer
will invite unions to each union information session with sufficient time for
the unions to arrange attendance. Attending unions must confirm whether they
will attend before the induction.
(f) If requested,
the Employer will release one union delegate per union from duty to attend for
the duration of the union information sessions.
7. Classifications, Salary and Allowances
7.1 Employees, other
than Professional Engineers, are employed in the classifications set out in
Part 1 of Schedule A.
7.2 Professional Engineers
are employed in the classifications set out in Part 2 of Schedule A.
7.3 Employees will
be paid in accordance with this clause and the rates of pay set out in Schedule
A.
7.4 Employees will
be paid applicable allowances and expenses in accordance with Schedule B of
this Award.
7.5 Salary
and allowance adjustments provided for in this Award are as follows:
(a)
salaries will increase by
(i)
2.53% from the first full pay period commencing on or
after 1 July 2022.
(ii)
4.0% from the first full pay period commencing on or
after 1 July 2023.
(b) allowance items 1, 2, 12 and 13 will be
increased in accordance with (a) rounded to the nearest 10 cents.
(c) allowance items 3 to 11, 14 and 15 will
be increased in accordance with variations made via NSW Department of Premier
and Cabinet Circulars and Schedule B amended as required.
7.6 Where an
Employee has completed 12 months service at a level within a classification and
the Employee's manager confirms that the Employee's conduct, performance
and attendance is satisfactory, the Employee will progress one level within the
Employee's classification.
7.7 Each Employee
will be paid fortnightly.
7.8 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.
7.9 The transitional
arrangements for Employees who join the Transport Service, other than through
an open merit selection process to a TfNSW grade that
is lower than their equivalent TfNSW grade as per
Schedule C, and who immediately prior to their employment were employed in a
public transport agency, as defined in the Act, are set out in Schedule C. The
transitional arrangements in Schedule C only apply to Employees who are
appointed to a position that is at their equivalent TfNSW
grade in Schedule C.
7.10 First Aid
Allowance
Where the Employer designates an Employee who is
qualified, as specified in Items 12 and 13 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.
8. Consultation and
Change
8.1 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.
8.2 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.
8.3 Senior
management representatives of the Employer and nominees of each of the Union
parties will meet quarterly as a consultative committee - and at other times as
agreed - to consult on matters which have organisational wide impact or
implications.
8.4 Senior management and nominees of
Professionals Australia will meet quarterly as a consultative committee - and
at other times as agreed - to consult on:
(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.
8.5 The
Consultative Committee will also consider strategic workforce planning issues
and implementation, including securing a workforce for the future, the role of
labour hire in delivering that workforce (subject to subclause 14.2) and the capability
requirements for that workforce. Relevant information will be provided to the
Unions to facilitate such discussions, such as:
(a) Divisional
organisation structures;
(b) Active and
budgeted positions 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 labour
hire, contractors and project workers.
8.6 When a change is
proposed that will have an impact upon the working arrangements of Employees,
the Employer will notify and consult with Employees and their Employee
representatives.
(a) The Employer
will provide relevant information, including but not limited to, that referred
to in subclause 8.5, about:
(i) The
proposed change;
(ii) Effects on the
Employees; and
(iii) The rationale
for the proposed changes based on business needs.
(iv) How the changes
comply with clauses 14.2 (Preference for Direct Permanent Employment) and 15
(Contractors and Labour Hire) of the Award.
(b) The Employer
will meet with the affected Employees and their Employee Representative and
discuss in good faith the effects of the proposed changes on the Employee(s)
concerned and measures proposed to avoid or otherwise minimise any possible
adverse impact on affected Employees, and to give prompt consideration to
matters raised by Employees and / or Employee Representative in relation to the
proposed changes.
(c) The
Employees(s) will be given an opportunity and reasonable time to provide input
and discuss the proposed change with their Employee Representatives, to
consider the change and respond to any proposed changes.
(d) The Employer will
genuinely consider and respond in writing to any feedback provided by Employees
and their Employee Representatives before the final decision is made.
8.7 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 subclause 14.1.
8.8 The Employer
shall consult with Employees, Employee Representatives
and other parties to this Award prior to the introduction of any technological
change that impacts on the working arrangements of Employees.
8.9 Where matters
cannot be resolved through the consultative process any party may utilise the
Dispute Settlement Procedure at Clause 5.
9.
No Extra Claims
9.1 During the term of this Award, there will
be no extra wage claims, claims for improved conditions of employment or
demands made with respect to the Employees covered by the Award and, further,
that no proceedings, claims or demands concerning wages or conditions of
employment with respect to those Employees will be instituted before the IRC or
any other industrial tribunal.
9.2 Notwithstanding subclause 9.1, the parties
to this Award commit to further discussions, in good faith, on claims made
during the bargaining of this Award.
Subclause 9.1 will not prevent the parties from having these discussions.
9.3 The parties to this Award acknowledge that
the intention of subclause 9.2 is to facilitate discussions during the term of
the Award.
9.4 The terms of
clause 9.1 do not prevent the parties from taking any proceedings with respect
to the interpretation, application or enforcement of existing
award provisions.
9.5 Variations made
with the agreement of the parties are not prohibited by this clause.
10. Local Arrangements
10.1 Local
arrangements may be negotiated between the Employer and union parties to this
Award in relation to any matter contained within the Award.
10.2 All local
arrangements negotiated between the Employer and the union parties must:
(a) be approved in
writing by the Employer;
(b) be approved in
writing by the union parties to this Award;
(c) include
provisions for the duration, review, and termination of the agreement; and
(d) be contained in
a formal document signed by all parties to this Award.
10.3 A local
arrangement approved in accordance with this clause, will override this Award
to the extent of any inconsistencies.
11. Work Environment
11.1 Workplace Health
and Safety - The parties to this Award are committed to achieving and
maintaining accident-free and healthy workplaces by:
(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 (Cth) and the Work Health and Safety Regulation 2017 (NSW)
by establishing agreed 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.
11.2 The Employer will
allow Employees elected as committee members, 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.
11.3 Equality in
employment - The Employer is committed to the achievement of equality in
employment and the Award has been drafted to reflect this commitment.
11.4 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 under 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.
12. Anti-Discrimination
12.1 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,
responsibilities as a carer; and any other ground provided for in the Anti-Discrimination
Act 1977 (NSW) or applicable Commonwealth anti-discrimination legislation.
12.2 It follows that
in fulfilling their obligations under clause 5, Dispute Settlement Procedure
(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.
12.3 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.
12.4 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.
12.5 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
(a) Employers and
Employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
SECTION
2 - EMPLOYMENT CONDITIONS AND ARRANGEMENTS
13. Probationary
Period
13.1 All new
Employees, other than an Employee who immediately prior to their employment in
the Transport Service was employed in the NSW Public Sector, will be subject to
a probationary period of 3 months, except where the Employer specifies a
probationary period of 6 months.
13.2 The Employer may
extend a 3 month probationary period once, up to a
maximum of 6 months.
14.
Forms of Employment
14.1 The Employer recognises the benefit of
retaining relevant and valued knowledge, experience and transferable skills for
the delivery of high quality value for money services
for the NSW travelling public.
14.2 It is consistent with this recognition and
purpose that the Employer will use direct permanent employment as the preferred
and predominant staffing option.
14.3 Where a permanent
Employee is appointed to a fixed (or limited) term project role/position, the
Employee will retain permanent Employee status.
14.4 The Employer will work with the Employees
and their Employee Representatives to develop and implement workforce planning
solutions under clause 8 of this Award. In developing the workforce planning
solutions, the following will be taken into consideration:
(a) the preference
under subclause 14.2 for permanent employment as the predominant staffing option;
(b) the benefit to
the Employer of maximising the retention of relevant and valued knowledge,
experience and transferable skills, including those of Temporary Employees;
(c) the need to attract,
develop and maintain the engineering capability essential for the delivery of high quality value for money services for NSW;
(d) the benefits and
impacts on Employees and the Employer of temporary and permanent employment;
and
(e) other issues as
deemed appropriate by the parties.
14.5 The Employer
shall only engage Employees on a full-time, part-time
or temporary basis. No Employee will be engaged as a casual Employee.
14.6 Full-Time
Employment
(a) A Full-Time
Employee is an Employee employed to work for 35 ordinary hours per week.
14.7 Part-Time Employment
(a) A Part-Time
Employee shall be engaged to work agreed contract hours per week (for no less
than three hours per day) and employed to work fewer ordinary hours than the
ordinary hours worked by a Full Time Employee.
(b) Part-Time work
may be undertaken with the agreement of the Employer. Part-Time work may be
undertaken in a part-time position or under a part-time arrangement. 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. Incremental progression for Part-Time Employees is
the same as for Full-Time Employees.
(d) Part-Time
Employees receive full time 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) Additional hours
(i) The
Employer may request, but not require, a Part-Time Employee to work additional
hours in excess of their contract hours.
(ii) Subject to
subclause 18.12, for the time worked in excess of the
Employee’s contract hours and up to the normal full-time hours for the
classification, part-time Employees shall:
A. be paid for additional hours at their
hourly rate plus a loading of 1/12 in lieu of annual leave where the Employee
is entitled to four weeks annual leave, or a loading of 5/47 in lieu of annual
leave where the Employee is entitled to five weeks annual leave, or
B. if working under
a Flexible Working Hours scheme under clause 20 of this Award, can elect to be
paid as per subparagraph 14.7(e)(i) of this clause or
have the time worked credited as flexible working hours.
(iii) For time worked
in excess of the full-time hours of the
classification, or outside the bandwidth, payment shall be made at the
appropriate overtime rate in accordance with clause 28 without the need to be
working under flexible hours in subclause 28.3.
14.8 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
clause 14.2, an engagement of a Temporary Employee may be on either a full-time
or part-time basis and in the following circumstances:
(i) a fixed period of not more than 24 months
in the one role (subject to ii to iv following); or
(ii) for a specified
project; or
(iii) for an entry
level program, including for trainees, graduates, scholars, cadets
or VET cadets; or
(iv) to backfill a role temporarily vacated by a
permanent Employee, including for parental leave, secondments
or career breaks.
(d) A Temporary Employee engaged under
subparagraph 14.8(c)(i) will be made permanent after
24 continuous months in the one role. This provision came into effect on 24
July 2019.
(e) Where a
Temporary Employee has been engaged under subparagraph 14.8(c)(iv) and the role
is subsequently permanently vacated, paragraph 14.8(d) shall apply.
(f) The employer
will not seek to terminate a temporary engagement to avoid the provisions of
paragraph 14.8(d).
14.9 The Employer may
offer permanent employment to a Temporary Employee after 12 continuous months’
employment in a role (the Original Role), subject to the following criteria:
(a) the Employee
was initially employed in the Original Role following an advertised merit process;
(b) the permanent appointment
is to be to a role that is of equivalent grade (unless the Employee agrees to a
lower grade) and equivalent capabilities to the Original Role;
(c) the Employee
has demonstrated satisfactory performance in the Original Role under the
Employer’s performance management system and has demonstrated satisfactory
conduct.
(d) the Employee has
the relevant capabilities, skills, qualifications and
experience to enable the Employee to perform the duties of the role.
15. Contractors and
Labour Hire
15.1 Consistent with
subclause 14.2 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.
15.2 Whilst the
Employer may be required to utilise contractors or labour hire for a variety of
reasons, the Employer will not use such labour to undermine the terms and
conditions of Employees under this Award.
15.3 In considering
whether to engage contingent labour, the Employer will consider whether:
(a) there are any
existing Employees who are suitable and available to carry out the work;
(b) there is an
urgent or pressing need to meet business requirements; or
(c) there are
specialist skill and/or capability requirements cannot be met from within the
agency.
15.4 On being advised
or otherwise becoming aware that a contractor, sub-contractor
or labour hire company is not applying the relevant industrial instrument rates
of pay or other relevant industrial instrument conditions or complying with any
other statutory provisions, the Employer will immediately engage with the
contractor, sub-contractor or labour hire company to take the necessary action
to address the situation. Should the contractor, sub-contractor or labour hire
company continue to breach the provision then the Employer will take
appropriate action which may include termination of the contract
16. Termination of
Employment
16.1 The Employer will
not terminate an Employee's employment unless:
(a) the Employee
has been given, in writing, the period of notice required by this clause;
(b) the Employee is
guilty of serious misconduct; or
(c) all relevant
legislative provisions have been complied with.
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.
18.
Hours of Work
18.1 The ordinary hours of work shall be 35 hours
per week.
18.2 Except as provided for in subclause 18.12,
clause 21 and Part B, of this Award, the ordinary hours shall be worked between
7.00 am and 7.00 pm, Monday to Friday inclusive.
18.3 No Employee shall
be required to work more than 5 consecutive hours without a meal break.
18.4 Meal breaks must
be given to and taken by Employees. Employees shall be entitled to an unpaid
meal break of not less than 30 minutes duration. For Employees working hours in
accordance with clause 18.7(a) with a prescribed break of more than 30 minutes,
the Employee and Employer may agree, when operationally convenient, to reduce
the break to not less than 30 minutes.
18.5 The ordinary hours may be standard pursuant
to paragraph 18.7(a) or flexible pursuant to clause 20 and may be worked on a
full time or part time basis.
18.6 The Employer
shall ensure that all Employees are informed of the hours of duty required to
be worked and of their rights and responsibilities in respect of such hours of
duty.
18.7 The following
working arrangements apply according to the requirements of the Employer:
(a) the ordinary hours for an Employee
working standard hours will be Monday to Friday, 7 hours, 22 mins per day/19
days per 4 week period (fixed); or
(b) flexible working
hours (clause 20).
Employees working according to (a) above are excluded
from working under the flexible working hours scheme.
18.8 Employees working
in accordance with paragraph 18.7(a) will be entitled to:
(a) have an accrued
day off (ADO) during each four week work cycle; and
(b) where the
Employee is directed to work and cannot take their ADO during that four week work cycle then any such accrued ADO shall be
carried over and taken at a mutually convenient time.
18.9 Where an Employee
working standard hours is directed to work between 7am and 7:30am, or 6pm and
7pm, such hours shall be overtime and managed in accordance with the overtime
provisions of this Award.
18.10 Where an Employee
working standard hours is directed to work more than 7 hours, 22 minutes in any
one day (excluding breaks) the hours in addition to 7 hours, 22 minutes shall
be paid as overtime and managed in accordance with the overtime provisions of
this Award.
18.11 An Employee who is
required to undertake urgent personal business, attend to essential religious
obligations or is late for work, can seek approval to make up that time on the
same or on other days as agreed between the Employee and the Employer or take
flex leave if working under Flexible Working Hours (clause 20).
18.12 Additional Conditions for Sydney Metro
Community Information Centre Staff
(a) Employees working in the Sydney Metro
Community Information Centre may be required to work their ordinary hours of
duty:
(i) between
8.20 am and 4.20 pm on a Saturday; and
(ii) between 6.00 pm
and 7.00 pm on a Monday to Friday,
provided such ordinary hours shall be paid at the
ordinary rate plus a loading of 50 per cent.
(b) The 50 per cent
loading paid under paragraph 18.12(a) may be taken as Time Off In Lieu (TOIL) by agreement between the Employee and
Employer.
(c) The ordinary
hours of duty shall be worked over a 2 week roster
cycle.
(d) Employees shall
not be required to work more than five consecutive days during the roster
cycle.
(e) The minimum
hours to be worked on a Saturday shall be four for Full Time Employees and
three for Part Time Employees.
19. Breastfeeding
19.1 A breastfeeding
break is provided to lactating Employees 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.
19.2 A full time
Employee or a part time Employee working more than 4 hours per day is entitled
to a maximum of two paid breastfeeding breaks of up to 30 minutes each per day.
19.3 A part time
Employee working 4 hours or less per day is entitled to only one paid
breastfeeding break of up to 30 minutes on any day so worked.
19.4 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.
19.5 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.
19.6 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.
19.7 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 clause
19.5 are not available or cannot reasonably be made available; and
(d) the effect that
the arrangements will have on the Employee's breastfeeding needs.
19.8 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 24.12), and
(c) must be at a
time that is mutually convenient to both the Employee and the Employer.
19.9 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 subclause 23.3 (Sick Leave) of this
Award, or TIL, or access the flexible working hours scheme provided in clause
18 (Hours of Work) of this Award, where applicable.
20. Flexible Working
Hours
20.1 Flexible working
hours is defined as where an Employee is able to:
(a) vary their
start and finish times within the bandwidth;
(b) accrue 1 flex
day (7 hours) in each 4 week settlement period;
(c) take flex leave
at any time throughout the 4 week settlement period
with management approval.
20.2 The provisions of the Flexible Working Hours
arrangements available to Employees are as follows:
(a) A flexible
working hours scheme in terms of this clause may operate subject to operational
requirements, as determined by the Employer.
(b) Flexible working
hours will accrue where an Employee works additional hours above 140 hours in a
settlement period in accordance with this clause.
(c) Where the operational requirements allow,
the working of flexible hours under a flexible working hours scheme shall be
extended to an Employee working under a part-time work arrangement. Except for
provisions contained in paragraphs 20.2(k), 20.2(n) and 20.2(o) of this subclause, all other provisions under this clause shall be
applied pro rata to an Employee working under a part time work arrangement.
(d) Attendance - An
Employee's attendance in excess of ordinary hours but
within the bandwidth shall be subject to the availability of work.
(e) 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.
(f) Minimum hours
of work on any day will be 5 for a full-time Employee and 3 for a part-time
Employee, excluding breaks.
(g) Maximum hours of
work on any day to be accredited as flex-time will be
10 hours, excluding breaks.
(h) Lunch break -
The standard lunch period shall be no less than 30 minutes and no more than 1
hour. However, by agreement with the Employer, an Employee may take up to 2
hours and 30 minutes.
(i) Settlement
period - The settlement period shall be 4 weeks, and for time recording
purposes, the settlement period and flex leave must coincide.
(j) 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.
(k) Flexible working hours credit - An Employee
may carry a maximum of 10 hours credit into the next settlement period. Subject
to paragraphs 20.2(m) and 20.2(p), additional hours are forfeited.
(l) 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.
(m) Weekly hours worked during the settlement
period are to be monitored by the Employee and their supervisor. If it appears
that the Employee may exceed an accumulated work time of 150 hours in a
settlement period, or if the total hours of work in a settlement period with
the credit hour carry over from the previous settlement period is likely to
exceed 150 hours, the Supervisor shall, with the agreement of the Employee,
seek the approval of the Employer, in writing, to allow the Employee to accrue
additional hours worked above 150 hours per settlement period for a period of
up to 3 months and how, if accrued, the additional hours are to be utilised
through flex leave.
(n) Flexible working hours debit - The
following provisions shall apply to the carry over of
flexible working hours debits:
(i) A
debit of up to 10 hours at the end of a settlement period may be carried over
into the next period;
(ii) 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.
(iii) 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.
(o) Flex leave - Subject to operational
requirements:
(i) An
Employee may use credit hours to take off 1 full day or 2 half days in a
settlement period of 4 weeks.
(ii) Flex leave may
be taken in divisions of 1/4 day, 1/2 day, 3/4 day or
1 full day.
(iii) Flex leave may
be taken on consecutive working days.
(iv) Absences on flex
leave may be combined with other periods of authorised leave.
(p) Banked days - If an Employee is unable to
take flex leave in accordance with paragraph 20.2(o) of this clause due to
operational requirements, an Employee can bank flex leave and is entitled to
have banked up to 4 untaken flex days at any one time. Subject to approval, the
Employee can take up to 4 banked days plus the current settlement period’s flex
day, to take a maximum of 5 consecutive working days off at an appropriate
time. All banked days that are not taken by 31 January following the year in
which the days are banked are forfeited unless retention is approved by the
Secretary.
21.
Shift Work
21.1 Introduction of Shift Work
(a) The Employer
may require new positions to be developed and undertaken as designated,
regular, rostered ongoing Shift Work positions.
(b) When the
Employer intends to develop and advertise designated, regular, rostered,
ongoing Shift Work positions, the Employer will consult with the Unions in
accordance with clause 8 to discuss the needs of the business and how Shift
Work will assist with that delivery.
(c) It is agreed
the development and addition of Shift Work positions will not result in the
involuntary conversion or redundancy of existing roles.
(d) Where there is a need to utilise a
position for shift work other than as prescribed in this clause, the Parties
may enter into a Local Arrangement in accordance with
clause 10.
(e) The provisions
of this clause do not apply to Employees covered by Part B of this Award.
(f) At the
commencement of this Award, this provision only applies to Group IT Command
Centre and the Cargo Movement Coordination Centre, subject to any variations
agreed under paragraph 21.1(d)
(g) This clause
operates in place of clause 3.2 of the Transport Service of NSW (Port Botany
Landside Improvement Scheme) Agreement 2014.
21.2 The hours of work
provisions in clause 18 of this Award operate alongside the specific provisions
of this clause and, in the case of inconsistency, the specific provisions of
this clause will prevail.
21.3 Definitions
(a) "Shift
work" is work for which ordinary hours includes hours rostered outside the
span of ordinary hours as set out in subclause 18.2; and
(b) "Rostered Shift
worker" is an Employee who is required to work their ordinary hours on a
permanent shift work roster.
21.4 Shift Definitions
(a) ‘Early morning shift’ shall mean those
shifts commencing at or after 4.00am and before 6.00am.
(b) ‘Day shift’
shall mean those shifts commencing at or after 6.00am and before 12.00 pm.
(c) ‘Afternoon
shift’ shall mean those shifts commencing at or after 12.00 pm and before
4.00pm.
(d) ‘Night shift’
shall mean those shifts commencing at or after 4.00pm and before 4.00am.
21.5 Annualised
Allowance
(a) Following
discussions, where the Employer and relevant Employee/s agree in writing, an
annualised allowance is payable in lieu of the following elements of the
predicted roster for the prospective year:
(i) Hours
of work
(ii) Shift penalties
(iii) Shift roster
changes
(iv) Overtime
payments
(b) The terms of the
agreement will be set out in writing and include the amount of the allowance,
and the basis for its calculation, and the period it will operate for.
(c) The allowance
will not result in the Employee being worse off overall than the Employee would
otherwise be under the terms and conditions of the Award.
(d) If the
Employee’s roster or pattern of hours of work changes during the period to
which the allowance applies, the level of loading may be reviewed in
consultation with the Employee - taking into account
the payments arising under subclause 21.4 and the rate changed by the Employer
to reflect the new circumstances.
(e) The annualised
allowance may be terminated by either the Employer or the Employee, following
consultation, by giving at least 4 weeks’ notice in advance of the next roster
cycle, provided that a minimum total of 8 weeks’ notice is given.
21.6 Hours of Work
(a) Ordinary hours
of work will be 35 per week, rostered over cycles of up to 8 weeks.
(b) No Employees
will be rostered to work shifts lengths less than 7 hours, 22 minutes
(excluding unpaid meal breaks) or greater than 12 hours 10 minutes (including
meal breaks).
(c) Shift lengths
will be consistent over the course of a roster.
(d) Employees will
not be required to work more than 4 consecutive 12
hour shifts (including meal breaks) in any 7 day period.
(e) There will be a
minimum of 9 rostered days off in every 4 week period
arranged so that a minimum of 4 sets of 2 consecutive roster free days are
granted.
(f) Employees will
be rostered off for a minimum of one weekend in every 4 weeks;
or 3 weekends off in every 8 week cycle.
21.7 Rest Breaks
(a) Where an Employee works overtime after
their rostered shift, they are entitled to a rest break of at least 10 hours
(12 hours for Rail Safety Workers).
(b) Where an
Employee is directed to resume work without having a rest break provided for in
paragraph 21.7(a), 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 the period set out
in paragraph 21.7(a).
(c) Any rostered
working time occurring during such absence shall be paid at the shift work rate
in subclause 21.9.
(d) If moving from
an am to a pm shift or vice versa there will be a minimum rostered break of 24
hours.
21.8 Breaks
(a) Employees shall
not be directed to work more than 5 hours from the commencement of a shift
without having a minimum 30 minute unpaid meal break.
Employees rostered for a further 5 hours of work will be provided a paid crib
break of 20 minutes.
(b) If Employees are
directed to work more than 5 hours without a break
they will be paid at double the ordinary rate of pay until a break is taken.
21.9 Payment
for Shift Work
(a) Day shift is
paid at the ordinary rate of pay.
(b) Early morning
shift (on Monday to Friday) is at the ordinary rate of pay plus 12.5 per cent.
(c) Afternoon shift
(on Monday to Friday) is at the ordinary rate of pay plus 12.5 per cent.
(d) Night shift (on
Monday to Friday) is at the ordinary rate of pay plus 15 per cent.
(e) All ordinary
time worked on a Saturday is at the rate of time and one half of the ordinary
rate of pay.
(f) All ordinary
time worked on a Sunday is at the rate of double the ordinary rate of pay.
(g) All ordinary
time worked on a Public Holiday is at the rate of double and one half of the
ordinary rate of pay. The Employee may elect, prior to working the public
holiday, to be paid at the rate of time and one half of the ordinary rate of
pay and a day off in lieu to be taken at a date mutually agreed between the
employer and the Employee within 12 months following the Public Holiday. The
day off in lieu will be cashed out if not taken within 12 months of it being
accrued.
21.10 Leave Loading and
Additional Annual Leave
(a) Full time
Employees will be credited with 5 days’ annual leave per annum in addition to
the annual leave specified at 23.1(b) of the Award. This leave will accrue at
the rate of 5/12 of a day for each complete month that an Employee works.
(b) 17.5 per cent
annual leave loading is to be calculated on the basis of
17.5 per cent of 5 weeks’ ordinary salary.
(c) 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.
21.11 Rosters
(a) Rosters will be
developed in accordance with the core rostering principles set out at subclause
21.12 below and will be subject to local level consultation prior to
implementation.
(b) There will a
minimum of 11 hours (12 hours for Rail Safety Workers) between rostered shifts.
(c) Rules for
roster development will be developed at the local level with Employees and
their representatives and should include provisions for the planning of leave,
notification of availability and shift swaps.
(d) The Employer
will consult with affected Employees on the development of, and changes to, the
roster.
(e) Employees will
be provided with a minimum of 3 months’ notice (inclusive of the period of the
roster cycle under development) of their shift arrangements. The parties
acknowledge that a longer notice of 6 months is desirable.
(f) Employees may
mutually agree to exchange shifts subject to approval by management.
(g) Where notice is
given of a change in shift with less than 7 days’ notice (but at least 48
hours’ notice) any shift so worked will be paid at the rate of the previous
shift where it would have attracted a higher shift penalty.
(h) Where less than
48 hours’ notice is given of a change in shift, the shift will be paid at
overtime rates.
21.12 Rostering Principles
(a) All rosters
shall be developed and implemented in accordance with the following principles:
(i) the
health and safety of Employees;
(ii) fatigue
management obligations;
(iii) operational and
business requirements;
(iv) duty of care obligations;
(v) a fair and
equitable distribution of the rostered work between Employees of like classification;
(vi) local level
consultation with affected Employees;
(vii) patterns of
working which assist all Employees with work/ life balance considerations; and
(viii) appropriate
periods of notice of rosters and changes to shifts.
21.13 Overtime
(a) Overtime is all
time worked in excess of the rostered shift length or
the maximum ordinary hours of the roster cycle.
(b) Payment of
overtime will be made at the following rates:
(i) Any
overtime worked between midnight Sunday and midnight Saturday, will be paid at
the rate of time and one half for the first 2 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) Overtime is
calculated on the Employee’s base salary.
(v) Overtime may be
granted as Time in Lieu in accordance with subclause 26.9 of the Award.
(vi) Payment for any
period of overtime will not be made more than once.
21.14 Minimum payments
(a) Any Employee
who attends for ordinary hours duty in accordance with instructions but is not
required, whether the Employee has commenced the shift or not, shall be paid the
rostered shift and relevant penalties unless at least 7 days’ notice was given
to the Employee personally that they were not required for duty.
(b) If an Employee
is recalled to duty, subclause 28.4 of the Award, except for paragraph 28.4(g),
applies.
22. Flexible Working
Practice
22.1 The Employer
recognises the importance of ensuring Employees maintain a work/life balance.
Workplace flexibility underpins Employee's 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.
22.2 Flexible work
arrangements may be agreed between the Employer and the Employee.
22.3 A flexible work
arrangement must be cost neutral and conform to Work Health and Safety
requirements.
22.4 In addition to
leave and flex-time/time in lieu (TIL) initiatives, examples of workplace
flexibility initiatives that can be considered include:
(a) 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
22.5 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.
(iv) 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.
(v) Should no
agreement be reached following the steps outlined above, the Employee may
choose to have the matter progressed under clause 5, Dispute Settlement
Procedure.
22.6 Consideration and
approval of flexible working initiatives is in accordance with relevant
Policies, Procedures and Guidelines.
22.7 Right to disconnect
(a)
The Employer and their Employees will respect
Employee's 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 subclause
18.5;
(ii) agreed flexible start and finish times for
Employees working flexible hours;
(iii) a shift worker’s rostered shifts;
(iv) an Employee’s
overtime hours; or
(v) the hours an employee is on - call
(c) This subclause will not apply to the
communication of shift changes .
23.
Leave Provisions
23.1 Annual Leave
(a) Subject to this
clause, annual leave is in accordance with the Annual Holidays Act 1944
(NSW).
(b) Employees are entitled to 4 weeks annual leave
each year, which accrues from day to day on a pro-rata basis over a 12 month period.
(c) An Employee who
takes unpaid parental leave in accordance with this Award, is entitled to take
annual leave on half pay at the same time.
(d) Limits on accumulation
and direction to take leave:
(i) Employees must take at least 2 weeks of
annual leave every 12 months, and this shall be given by the Employer before
the expiration of the period of one year after the date upon which the right to
take the holiday accrued.
(ii) The minimum
period of annual leave available to be granted shall be a quarter day.
(iii) Where
operational requirements permit, the application for leave shall be dealt with
by the Employer according to the wishes of the employee.
(iv) Clause 23.1(d)(i) will not apply if an Employee has accumulated annual
leave for a special purpose approved by the Employer, for example, an overseas
holiday.
(e) Annual leave
does not accrue during leave without pay, other than:
(i) military
leave taken without pay when paid military leave entitlements are exhausted;
(ii) absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
(iii) any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
(iv) incapacity for
which compensation is authorised under the Workplace Injury Management and
Workers Compensation Act 1998 (NSW) and Workers Compensation Act
1987 (NSW); or
(v) periods which
when aggregated, do not exceed 5 working days in any period of 12 months.
(f) An Employee who is stationed indefinitely
in a remote area of the State, being the Western and Central Division of the
State described as such in the Second Schedule to the Crown Lands
Consolidation Act 1913 (NSW) before its repeal, accrues additional annual
leave at the rate of 5 days per annum.
(g) Employees
entitled to accrue 5 days additional annual leave per annum can cash out the
monetary value of the additional 5 days leave once in any 12
month period.
23.2 Annual Leave
loading
(a) 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 on their salary.
(b) The annual leave
loading shall be paid to Employees subject to the following conditions:
(i) The
full entitlement to the loading on annual leave that an Employee has accrued
over the previous Leave Year will be paid on the first occasion after 1
December in any year an Employee takes sufficient leave to permit them to be
absent from duty for at least 2 consecutive weeks, of which at least 1 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 4 weeks.
(ii) In the event of
no such absence occurring by 30 November of the following year, an 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) On cessation of
employment, other than termination by the Employer for serious and intentional
misconduct, an 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.
23.3 Sick Leave
(a) An Employee is
entitled to take paid accrued sick leave in accordance with this clause.
(b) Sick leave on
full pay accrues day by day to an Employee at the rate of 15 days each calendar
year, and any such accrued leave, which is not taken, is cumulative.
(c) During the
first 4 months of employment, an Employee can access up to 5 days paid sick
leave even though that leave has not yet accrued.
(d) Employees are
required to provide medical certificates or other evidence when sick leave
exceeds 2 consecutive days.
(e) Subject to any
restrictions imposed as a result of unsatisfactory
attendance, Employees are entitled to take 5 single days of total sick leave in
any 1 year as uncertified absences, after which all leave requires a medical
certificate or other evidence supporting a sick leave absence.
(f) Sick leave
without pay shall count as service for the accrual of paid sick leave and
annual leave. In all other respects sick leave without pay shall be treated in
the same manner as leave without pay.
(g) Sick Leave -
Workers Compensation
(h) Pending determination
of a claim under the Workers Compensation Act 1987 (NSW), on production
of an acceptable medical certificate, an Employee shall be granted sick leave
on full pay for which the Employee is eligible followed, if necessary, by sick
leave without pay or, at the Employee's election by accrued annual leave or
extended leave.
(i) If
liability for the workers compensation claim is accepted, then an equivalent
period of any sick leave taken by the Employee pending acceptance of the claim
shall be restored to the credit of the Employee.
(j) An Employee who
continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987
(NSW) may use any accrued and untaken sick leave to make up the difference
between the amount of compensation payable under that Act and the Employee's
ordinary rate of pay. Sick leave utilised in this way shall be debited against
the Employee’s sick leave balance.
23.4 Carer’s Leave
(a) Employees will
be able to elect to use available paid sick leave, subject to the conditions
specified in this clause, to provide care and support when a person identified
in clause 23.4(c) is ill or requires care due to an
unexpected emergency.
(b) Employees will
be entitled to Carer's Leave when:
(i) their
entitlements to Family and Community Service Leave is
exhausted; and
(ii) they are
responsible for the care and support of a category of person set in paragraph
23.4(c).
(c) Categories of people for which Carer's
Leave can be obtained:
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.
(d) Other forms of
leave and carer’s responsibilities
An 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.
(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 clause where
another person has taken leave to care for the same person.
23.5 Family and Community Service Leave
(a) Employees will
be granted paid Family and Community Service Leave (FACSL) in accordance with
this clause.
(b) FACSL will be
granted:
(i) for
reasons related to responsibilities for a Family Member;
(ii) for reasons
related to the death of a Family Member or relative;
(iii) for reasons
related to performance of community service; or
(iv) in case of pressing
necessity, natural disaster or major transport
disruption.
(c) The maximum
amount of FACSL that an Employee will be granted at ordinary rates is:
(i) 2
and a half days in the first 12 months of service; or
(ii) 5 days in any
period of 2 years after the first 12 months of service; or
(iii) one day for
each completed year of service, less the total amount of any FACSL already
taken by the Employee, whichever is the greater.
(d) If available
FACSL is exhausted, on the death of a Family Member or relative, additional
paid FACSL of up to 2 days will be granted on a discrete, per occasion basis to
the Employee.
23.6 Extended Leave
(a) General
Extended leave for Employees will accrue and be granted
in accordance with section 68Q(2) of the Act, together with Schedule 1 of the
Government Sector Employment Regulation 2014.(NSW).
(b) Extended Leave
Entitlements
(c) 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.
(d) For each
additional calendar year of service completed in excess of
10 years, Employees accrue 11 working days extended leave.
(e) 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 (NSW), are entitled to access the extended leave accrual
indicated in subparagraph 23.6(c)(i) on a pro rata
basis of 4.4 working days per completed year of service.
(f) Employees who
are employed part-time are entitled to extended leave on the same basis as that
applying to a Full-Time Employee but payment for the leave is calculated on a
pro rata basis.
23.7 Out of Home Care
Leave
(a) Employees
are entitled to Out of Home Care Leave when they are the primary carer
undertaking the permanent care of a child
(b) Eligibility for a period of out of home care leave to
carers is to be limited to the provision of a guardianship or permanent
placement order for a child or young person before 1 October 2022.
(c) Out of Home
Care leave will be granted without pay for a period of up to 12 months to
Employees who are the primary carer undertaking permanent caring arrangements.
(d) Out of Home Care
leave commences at the date of placement of the child.
(e) Employees who
are granted out of home care leave also have a right to request extended
Parental Leave and Return to Work on a part-time basis as outlined in subclause
24.12.
23.8 Military Leave
(a) During the
period of 12 months commencing on 1 July each year, the Employer shall grant to
an Employee who is a volunteer part-time member of the Defence Forces, military
leave on full pay to undertake compulsory annual training and to attend
schools, classes or courses of instruction or compulsory parades conducted by
the Employee’s unit.
(b) 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 paragraph 23.8(a).
(c) At the expiration
of any period of military leave, the Employee shall furnish to the Employer a
certificate of attendance and details of the Employee’s reservist pay signed by
the commanding officer or other responsible officer.
23.9 Purchased Leave
(a) An Employee 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.
(b) Each application
will be considered subject to operational requirements and personal needs and
will take into account business needs and work
demands.
(c) The leave must
be taken in the 12 month period specified in the
Purchased Leave Agreement and will not attract any leave loading.
(d) The leave will
count as service for all purposes.
(e) 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.
(f) 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.
(g) Purchased leave
is subject to the following provisions:
(i) 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.
(ii) 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.
(iii) Sick leave
cannot be taken during a time when purchased leave is being taken.
(iv) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
(v) 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.
(vi) A higher duties
payment will not be paid when purchased leave is being taken.
(h) Specific
conditions governing purchased leave may be amended from time to time by the
Secretary in consultation with the Union parties.
23.10 Leave Without Pay
Where an Employee is granted LWOP, which, when aggregated,
does not exceed 5 working days in a period of twelve (12) months, such leave
shall count as service for incremental progression and accrual of annual leave.
23.11 Observance of
Essential Religious and Cultural Obligations
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 the obligations.
23.12 Study Leave without
pay
Where an Employee is on study leave without pay and
financial assistance is approved by the Employer for all or part of a study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
Employee.
23.13 Special Leave
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.
(d) An 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 subclause 25.4.
(e) NAIDOC Day -
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 their supervisor with reasonable notice.
(f) Special Leave -
Citizenship - Employees are granted Special Leave including travelling time to
attend their Australian Citizenship Ceremony.
(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 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 State Authorities
Superannuation Board.
(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 their managers
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.
24.
Parental Leave
24.1 Definitions
For the purpose of
this clause:
(a) “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
(b) "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.
(c) "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.
(d) "Pre-term
birth" means the birth of a live child prior to 36 weeks gestation.
(e) "Full-term
birth" means the birth of a live child at 37 weeks onwards.
24.2 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.
24.3 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.
24.4 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.
24.5 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.
24.6 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.
24.7 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.
24.8 Special Adoption Leave
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, extended leave, flex leave or family and community
service leave
24.9 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.
24.10 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.
24.11 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.
24.12 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) extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 24 months (on a
full-time basis) or 36 months (on a part time basis);
(ii) return from a period of full-time parental
leave on a part time basis until the child reaches school age (Note: returning
to work from parental leave on a part time basis includes the option of
returning to work on part time leave without pay);
to
assist the Employee in reconciling work and parental responsibility
(b) have part-time hours structured in a way to
enable carer responsibilities to be fulfilled
(c) The Employer shall consider all requests made
under this clause 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.
24.13 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.
24.14 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.
25. Domestic and
Family Violence
25.1 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.
25.2 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.
25.3 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 subparagraph 25.3(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
subclause 25.5 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 subclause 25.6, 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
(ii) approve any
reasonable request for flexible work arrangements to facilitate the Employee
seeking evidence-based behaviour change supports.
(c) The Employer
may take disciplinary action against an Employee who has used domestic and
family violence, up to and including termination of employment.
25.4 Leave
(a) Full time, Part -Time and Temporary
Employees experiencing domestic or family violence will have access to 20 days
paid domestic and family violence leave per calendar year to support the
establishment of their safety and recovery.
(b) Domestic and family violence leave will be
paid at the Employee’s full rate of pay for the hours they would have worked if
they had not taken leave.
(c) Domestic
and family violence leave will assist Employees to:
(i) attend
medical, counselling, case management, legal, police and other support services
relating to their experience of domestic and family violence,
(ii) organise alternative care or education
arrangements for their children,
(iii) attend court and other legal proceedings
relating to their experience of domestic and family violence
(iv) allow time for the employee to seek
alternate or safe accommodation, and
(v) undertake other activities that will
assist them to establish safety and recover from their experience of domestic
and family violence.
(d) Domestic and Family Violence leave will be
in addition to existing leave entitlements and can be accessed without the need
to exhaust other existing leave entitlements first. This leave will be
non-cumulative and may be taken as part-days, single days
or consecutive days.
(e) Given the emergency context in which this
leave may need to be accessed, employees can proceed to take the leave and seek
approval at a later date, as soon as practicable.
(f) When assessing applications for Domestic
and Family Violence leave, the Employer needs to be satisfied on reasonable
grounds that domestic and family violence occurred. The Employer may require evidence and should
utilise discretion as to whether evidence, or what type of evidence is
necessary to be provided and should only require evidence to support the
application for domestic and family violence leave in exceptional
circumstances.
(g) An employee providing care and support may
access their existing:
(i) Family and Community Service leave when
providing care and support to a Family Member experiencing domestic or family
violence.
(ii) Carers
leave when providing care and support to a Family Member or a member of the
Employees’ household.
Care and support may include but is not
limited to, accompanying them to legal proceedings, counselling
or appointment with a medical or legal practitioner to assist them with
relocation, caring for children or fulfilling other carer responsibilities to
support the person experiencing domestic or family violence.
25.5 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 paragraph 25.5(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.
25.6 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 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 in accordance with this clause.
C. support
provided by the Employer (under clause 25.5 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 subclauses 25.4, 25.5 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 paragraph 25.6(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.
26. Public Holidays
26.1 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) and an
additional day between Boxing Day and New Year's Day,
and such other Local Holiday, public holiday/s or
substitute day as ordered by the government from time to time.
26.2 Employees
directed to work on public holidays are to be paid, excluding for overtime:
(a) a loading of
150% of the ordinary hourly base rate of pay for any time worked on such
holiday; and
(b) an additional
day’s pay at ordinary rates.
26.3 Where Employees
are not required to work on a public holiday and where the holiday is due they shall receive payment of the monetary value of the
day.
26.4 Employees are not
entitled to a public holiday where it occurs under the following circumstances:
(a) During approved
leave of absence without pay exceeding one (1) month.
(b) When an Employee
covered by Part B is rostered to work and is absent without leave.
(c) When an Employee
is on strike or is suspended without pay.
26.5 Public holidays
occurring during the taking of annual leave shall be treated as additional to
the quantum of annual leave being taken.
26.6 An Employee
required to work on a Local Holiday will be granted time off in lieu on an hour for hour basis for the time worked on the Local
Holiday.
26.7 If a Local
Holiday falls during the period of an Employee's
absence on leave, the Employee is not entitled to the holiday
27. Transfer
Allowances
27.1 General
Where an Employee has been appointed, transferred at
the initiative of the Employer or redeployed in to a
position that necessitates the Employee relocating their home they will be
reimbursed for all reasonable costs of moving in accordance with this clause.
An Employee will be reimbursed as these expenses are incurred.
27.2 Pre Location Visit
(a) The Employer
will reimburse reasonable costs associated with a pre-location visit based on
the provision of receipts.
(b) These costs
include a maximum of 3 nights’ accommodation, excluding travel time, hire car
expenses if incurred, and all meals according to Schedule B. If the Employee
does not accept the relocation the Employee will not be reimbursed for these
costs. The visits are treated as on duty for that portion of the visit approved
by the Employer. Claims for excess travel time, overtime or any other like
payment will not be considered. In most cases travel will be by train unless
the Employee cannot comfortably reach the destination in one day.
27.3 Removal Costs
The Employer will reimburse the costs of moving the
Employee's personal effects to the new location. Reimbursement will be subject
to the presentation of 3 quotes. The Employee will be entitled to move their
household furniture and effects and generally includes a household’s normal
contents and outdoor equipment such as play equipment, garden tools, portable
Barbeque and small garden shed. The Employee's manager may approve the removal
of certain additional items over and above normal removal entitlements, subject
to the supply of all receipts.
27.4 Storage
The Employer will arrange and pay for the storage of
household goods and effects until the Employee finds suitable accommodation i.e. the Employee moves in to their new home. Subject to the
relevant approval the Employer will reimburse the storage costs of certain
effects for up to one year.
27.5 Travel to New
Location
It is expected that an Employee who owns a motor vehicle
will drive the motor vehicle to the new location except as otherwise approved
by the Employer. Where the Employee owns a second motor vehicle it is expected
that another family member will drive the second vehicle to the new location.
In both instances the Employer will meet the costs associated with the driving
of the motor vehicle. The Employer will meet all reasonable accommodation and
meal costs incurred en-route to the new location.
27.6 Temporary
Accommodation
If the Employee is required to move out of their
current home before they are due to leave for the new position the Employer
will arrange temporary accommodation for the Employee and their immediate
family for a period of no more than 7 days prior to travel to the new location.
Any extension will be subject to managerial approval and only in exceptional
and unavoidable circumstances. The Employer will assist in the cost of short term accommodation at the new location for up to 14
days after arrival at the new location or until suitable permanent
accommodation becomes available i.e. to a maximum of 6 weeks. Any extension
will be subject to managerial approval and is limited to a period of 14 days.
27.7 Resettlement
Leave
The Employee will be entitled, subject to operational
requirements, up to a maximum of 5 days paid leave to pack, unpack
and oversee the transfer of their belongings, if necessary. Travel to the new
location is regarded as on duty.
27.8 Permanent
Accommodation
(a) Home Rental
(Bond)
If an Employee was renting their home at the old location they will be eligible for costs associated with
breaking the current lease and advance on the bond for a rental property at the
new location, which is to be repaid, either in a lump sum payment or deducted
from the Employee's pay over a 6 month period.
(b) Home owner
(i) If
an Employee owns a home in the old location they will
be eligible to receive assistance in the cost of selling that home, the cost of
purchasing a home in the new location in order to receive sale and purchasing
assistance. Employees must sell their current property and purchase a new
property at the new location within 12 months of the move.
(ii) The following
sales costs will be reimbursed:
A. selling agent’s
commission, except for an unsuccessful auction;
B. marketing costs;
C. solicitor/conveyancer
costs and disbursements;
D. mortgage
discharge or penalty exit fees up to a maximum of six months interest;
E. if a solicitor/conveyancer
is not engaged, the actual costs incurred with the sale of the dwelling; and
F. if a selling
agent is not engaged, expenses incurred in advertising up to a maximum of 10%
of the Commission that would otherwise have been payable.
(iii) The following
purchase costs will be reimbursed:
A. solicitors’/conveyancer
professional costs and disbursements;
B. valuation fees
and stamp duty;
C. if a
solicitor/conveyancer is not engaged, expenses incurred in connection with
settlement expenses;
D. mortgage setup
fees; and
E. expenses
incurred in relation to housing loan insurance, building inspection and pest
inspection.
(c) Costs are to be
paid by the Employee and subject to reimbursement on the production of
sufficient receipts/evidence. As some of the above benefits are subject to
fringe benefits tax they will be reported on the
Employee’s group certificate.
28. Overtime
28.1 General
(a) An Employee may
be directed by the Employer to work overtime, provided it is reasonable for the
Employee to be required to do so. An Employee may refuse to work overtime in
circumstances where the working of such overtime would result in the Employee
working unreasonable hours. In determining what is unreasonable, the following
factors shall be taken into account:
(i) The
Employee’s prior commitments outside the workplace, particularly the Employee’s
family and carer responsibilities, community obligations or study arrangements;
(ii) Any risk to the
Employee’s health and safety;
(iii) The urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services;
(iv) The notice (if
any) given by the Employer regarding the working of the overtime, and by the
Employee of their intention to refuse overtime; or
(v) Any other
relevant matter.
(vi) Payment for
overtime shall be made only where the Employee works directed overtime.
(b) Any hours
directed to be worked outside the Employee’s ordinary hours of duty, if working
standard hours, or outside the bandwidth, if working under a flexible working
hours scheme, shall be overtime and managed in accordance with the overtime
provisions of the Award.
(c) A manager may
request an Employee who works flexible working hours to work overtime where
they want an Employee to work more than 8 ordinary hours (excluding breaks) in
any one day. Where an Employee agrees to the request, such hours shall be paid
as overtime.
(d) For Employees
working under a flexible working hours scheme:
(i) 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.
(ii) 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.
(e) If an Employee
is compensated for overtime through any other arrangement, the Employee is not
entitled to the provisions in this clause.
28.2 Calculation of
Overtime
(a) Unless a
minimum payment in terms of clause 28.3 (Overtime Rates) applies, overtime
shall not be paid if the total period of overtime worked is less than a quarter
of an hour.
(b) The formula for
the calculation of overtime at ordinary rates for Employees employed on a five
(5) day basis shall be:
|
Annual Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No. of ordinary
hours or work per week
|
(c) To determine
time and one half, double time or double time and one half,
the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2
respectively, calculated to the nearest cent.
(d) Overtime is not
payable for time spent travelling.
28.3 Overtime Rates
(a) The provisions of
this clause shall not apply to shift workers as defined in subclause 2.1
Definitions, of this Award.
(b) Rates - Overtime shall be paid at the
following rates:
(i) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first 2
hours and at the rate of double time thereafter.
(ii) Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first 2
hours and at the rate of double time thereafter.
(iii) Sundays - All
overtime worked on a Sunday at the rate of double time.
(iv) Public Holidays
- All overtime worked on a public holiday at the rate of double time and one
half.
(c) If an Employee
is absent from duty on any working day during any week in which overtime has
been worked, the time so lost may be deducted from the total amount of overtime
worked during the week, unless the Employee has been granted leave of absence
or the absence has been caused by circumstances beyond the Employee’s control.
(d) An Employee who
works overtime on a Saturday, Sunday or public
holiday, shall be paid a minimum payment as for three (3) hours work at the
appropriate rate.
(e) Rest Periods:
(i) An
Employee who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
(ii) Where an
Employee, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then the Employee shall be paid
at the appropriate overtime rate until released from duty for eight hours. The
Employee will then be entitled to eight (8) consecutive hours off duty and
shall be paid for the ordinary working time occurring during the absence.
28.4 Recall to Duty
(a) An Employee
recalled to work overtime after leaving the Employer’s
premises shall be paid for a minimum of three (3) hours work at the appropriate
overtime rates.
(b) The Employee
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(c) When an
Employee returns to the place of work on a number of
occasions in the same day and the first or subsequent minimum pay period
overlaps into the next call-out period, payment shall be calculated from the
commencement of the first recall until either the end of duty or three (3)
hours from the commencement of the last recall, whichever is the greater. Such
time shall be calculated as one continuous period.
(d) When an Employee
returns to the place of work on a second or subsequent occasion and a period of
three (3) hours has elapsed since the Employee was last recalled, overtime
shall only be paid for the actual time worked in the first and subsequent
periods with the minimum payment provision only being applied to the last
recall on the day.
(e) A recall to
duty commences when the Employee starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
(f) An Employee
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(g) This clause shall not apply in cases where
it is customary for an Employee to return to the Employer’s premises to perform
a specific job outside the Employee’s ordinary hours of duty, or where overtime
is continuous with the completion or commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum payment of
three (3) hours unless the actual time worked is three (3) or more hours.
28.5 On-Call
(Stand-By) and On-Call Allowance
(a) When required
to be on call, an Employee shall be:
(i) paid
an allowance as set out in Item 1 of Schedule B per rostered day or shift, and
the amount as set out at Item 2 of Schedule B for a non-rostered day or shift.
(ii) available
outside of ordinary working hours;
(iii) able to be
contacted immediately;
(iv) respond to an
emergency/breakdown situation in a reasonable time agreed with the Employer;
and
(v) in a fit state,
free of alcohol or drugs, in accordance with the Transport for NSW Drug and
Alcohol Policy, as amended from time to time.
(b) If an Employee
who is on call is called out by the Employer, the overtime provisions as set
out in subclause 28.3 (Overtime Rates) shall apply to the time worked;
(c) Where work problems
are resolved without travel to the place of work whether on a weekday, weekend
or public holiday, work performed shall be compensated at ordinary time for the
time actually worked, calculated to the next 15
minutes.
28.6 Overtime Meal
Breaks
(a) Employees not
working flexible hours - An Employee required to work overtime on weekdays for
an hour and a half or more after the Employee’s ordinary hours of duty on
weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for
a meal after every 5 hours of overtime worked.
(b) Employees
working flexible hours - An Employee required to work overtime on weekdays
beyond 6.00 pm and until or beyond eight and a half hours after commencing duty
plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Employees
generally - An Employee required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a
meal after every five hours of overtime worked. An Employee who is unable to
take a meal break and who works for more than five hours shall be given a meal
break at the earliest opportunity.
28.7 Overtime Meal
Allowances
(a) Employees
required to work overtime for an hour and a half or more immediately after
their finishing time, without being given 24 hours’ notice beforehand of the
requirement to work overtime, will either be supplied with a meal by the
Employer, or be paid the amount as set out at Item 3 of Schedule B for the
first and for each subsequent meal occurring every 4 hours thereafter. If not
required to work overtime, after having been so notified, payment will still be
made for the meals.
(b) Where the
allowance payable under paragraph (a) above is insufficient to reimburse the
Employee the cost of a meal, properly and reasonably incurred, the Employer
shall approve payment of actual expenses incurred by the Employee.
28.8 Rate of Payment
for Overtime
An Employee whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Transport Service Grade 8,
as varied from time to time, shall be paid for working directed overtime at the
maximum rate for Transport Service Grade 8 plus $1.00 per annum, unless the
Employer approves payment for directed overtime at the Employee’s salary or,
where applicable, salary and allowance in the nature of salary.
28.9 Payment for
Overtime or Leave in Lieu
The Employer shall grant compensation for directed
overtime worked either by payment at the appropriate rate or, if the Employee
so elects, by the grant of leave in lieu at the
overtime rate in accordance with paragraph 28.3(b). This leave shall be taken
within three months of the overtime worked subject to organisational
convenience except where it is being used to look after a sick Family Member.
The leave shall be taken in multiples of a quarter of a day. If leave in lieu
is not taken within three months the overtime will be
paid and the leave in lieu cancelled.
28.10 Special
Projects
(a) The Employer may determine that in order to achieve the most efficient and effective service
for a special project, that it is necessary for staff who work flexitime hours
in accordance with clause 20, Flexible Working Hours, to suspend those
arrangements and in lieu work special overtime arrangements under a special
project approved by the Employer.
(b) In the event
that the Employer makes a determination in accordance with
paragraph 28.10(a), the Employee will be paid overtime for all hours worked in
excess of 7 hours on any one day, at the rates contained in clause 28.3,
regardless of whether the work is undertaken within the standard flex time
bandwidth for the duration of the project.
29. Travelling
Expenses
29.1 The Employee is
to obtain an authorisation for all official travel prior to incurring any
travel expense. All expenses authorised in writing will be paid by the Employer
including, where applicable, the allowances in subclause 29.2.
29.2 Expenses (General)
(a) The Employer
will apply the rates as published from time to time by the NSW Department of
Premier and Cabinet Circulars, and shown at Items 4 - 11 of Schedule B, for the
following allowances:
(i) travel
allowances (involving overnight stay);
(ii) meal allowances
(not requiring overnight accommodation);
(iii) rates for use
of private motor vehicles.
(b) Payment of any
actual expenses shall be subject to the production of receipts,
unless the Employer is prepared to accept other evidence from the
Employee.
29.3 Meal Allowances -
Journeys not requiring Overnight Accommodation
(a) Eligibility
A meal allowance will be paid for travel on official
business only when:
(i) the
Employee returns to their residence or headquarters on the same day;
(ii) has the meal
away from their residence or headquarters;
(iii) the Employee
incurs expenditure in obtaining the meal; and
(iv) a break from work
or travel of 30 minutes is taken to have the meal.
(b) Provided that:
(i) Breakfast
- the travel must have started before 6.00 am and at least one hour before the
Employee’s normal starting time.
(ii) Lunch - a lunch
meal allowance will only be paid when the Employee is required to travel a
total distance on the day of at least 100 kilometres, and as a result, the meal
is taken at a distance of at least 50 kilometres from the Employee’s normal
headquarters at the time of taking the normal lunch break.
(iii) Employees,
whose position requires them to undertake work in the field and are regularly
required to take lunch away from their nominated headquarters, are not entitled
to a lunch allowance.
(iv) Dinner - An
evening meal allowance will only be paid when the meal is eaten after 6.30 pm.
29.4 Travel Allowance
(a) An Employee who is required by the
Employer to work from a temporary work location shall be paid the appropriate
rate of allowance for accommodation, meal expenses (if not provided by the
Employer) and incidental expenses as published from time to time by the NSW
Department of Premier and Cabinet Circulars and as set out in Items 7 and 8 of
Schedule B.
(b) The Employer
shall determine whether the Employee is to obtain overnight accommodation,
taking into consideration the Employee's safety and whether the Employee is
finishing work late or commencing work early.
(c) As an
alternative to these provisions, the Employer could make other arrangements by
agreement with the Employee to meet the travelling expenses properly and
reasonably incurred by an Employee who is required to work at a temporary work
location.
(d) This clause does
not apply to Employees who are on an Employee-initiated secondment.
(e) When an
Employee working from a temporary work location takes overnight accommodation,
the Employee shall be entitled to claim the reimbursement of any expenses
(including meal expenses) properly and reasonably incurred during the time
spent at the temporary work location in excess of the
allowance in paragraph 29.4(a).
29.5 Restrictions on
Payment of Travel Allowances
(a) An allowance
under subclause 29.4 is not payable in respect of:
(i) Any
period during which the Employee is at their residence at weekends or public holidays;
(ii) Any period of
leave; or
(iii) Any other
period during which the Employee is absent from the Employee's temporary work
location otherwise than on official duty.
(b) An Employee
shall be entitled to an allowance under this clause, in the following
circumstances:
(i) When
granted special leave to return to their residence at a weekend, for the
necessary period of travel for the journey from the temporary work location to
the Employee's residence; and for the return journey from the Employee's
residence to the temporary work location; or
(ii) When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the Employee's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
29.6 Compensatory
Travel Leave/Payment
(a) Employees are
entitled to be paid ordinary-time payment or, if requested by the Employee and
agreed by the Employer, compensatory leave, when directed to travel (outside
normal working hours) on or in connection with official business in the
following circumstances:
(i) Where
travel is on a non-working day for time spent in travelling after 7.30 am;
(ii) Where travel is
on a working day for time spent in travelling before their normal commencing
time or after their normal ceasing time, subject to the following conditions:
A. the time
normally taken for the periodic journey from home to headquarters and return is
deducted from Employees’ travelling time (except on a non-working day);
B. periods of less
than a quarter of an hour on any day shall be disregarded;
C. travelling time
shall not include any period of travel between 11.00 pm on any one day and
7.30am on the following day where Employees have travelled overnight
and accommodation has been provided for them;
D. travelling time
shall be calculated by reference to the time that might reasonably have been
taken by the use of the most practical and economic means of transport;
E. travelling time
shall not include time spent in travelling on permanent transfer where the
transfer involves promotion which carries increased salary or where the
transfer is for disciplinary reasons or where the transfer is made at the
Employee’s request; or by ship on which meals and accommodation are provided.
(b) Where Employees
qualify for travel allowance or compensatory leave or ordinary time payment for
official travel they shall be entitled to have any
necessary waiting time treated as travelling time subject to the following
condition:
(i) Where
overnight accommodation is provided at a centre, any time from the completion
of arrival at the centre until departure for home or headquarters or another
centre shall not count as travelling time except:
A. where duty is
performed on the day of such departure, any necessary waiting time from
completion of such duty until departure shall be counted; and
B. where no duty
is performed on that day of such departure, necessary waiting time after the
Employee’s normal commencing time until such departure shall be counted.
(c) 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
|
|
No. of ordinary
hours or work per week
|
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.
(d) Employees that
are in receipt of a salary in excess of the rate
applicable to the maximum rate for Transport Service Grade 8, plus $1.00 per
annum shall be paid travelling time calculated at the maximum rate for
Transport Service Grade 8, plus $1.00 per annum, as adjusted from time to time.
(e) An Employee who
receives an allowance for travel outside normal hours or whose salary includes
compensation for travel outside normal hours shall not be entitled to
compensatory leave or ordinary time payment for excess travelling and waiting
time.
(f) When an
Employee stops on a journey to take a meal, the time spent in taking the meal does
not count for travelling compensation.
(g) The maximum
amount of compensatory leave or ordinary time payment which shall be granted in
any period of 24 consecutive hours is 8 hours.
29.7 Private Motor
Vehicle Allowance
Where the Employer authorises an Employee to use their
private motor vehicle for work the Employee shall be paid an allowance at the
appropriate rate at Item 9, 10 or 11 of Schedule B, subject to the Employee
bearing the cost of:
(a) ordinary daily
travel by private motor vehicle between the Employee’s residence and normal
work location, and
(b) any distance
travelled in a private capacity.
29.8 Damage to Private
Motor Vehicle Used for Work
(a) Where an
Employee is authorised to use their private vehicle for work and it is damaged
while being used, any normal excess insurance charges prescribed by the insurer
which are incurred shall be reimbursed by the Employer, provided:
(i) the
damage is not due to gross negligence by the Employee; and
(ii) the charges
claimed by the Employee are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the
damage is not the fault of the Employee, the Employer shall reimburse to an
Employee the costs of repairs to a broken windscreen, if the Employee can demonstrates that:
(i) the
damage was sustained on approved work activities; and
(ii) the costs
cannot be met under the insurance policy due to the normal excess clauses.
30.
Remote Locations Living Allowance
30.1 An Employee shall be paid an allowance for
the increased cost of living and the climatic conditions in a remote area, if:
(a) Indefinitely stationed
and living in a remote area as defined in subclause 30.2; or
(b) Not indefinitely
stationed in a remote area but because of the difficulty in obtaining suitable
accommodation compelled to live in a remote area as defined in subclause 30.2.
30.2 Grade of appropriate allowance payable under
this clause shall be determined as follows:
(a) Grade A
allowances - the rate shown as Grade A in Item 14 of Schedule B in respect of
all locations in an area of the State situated on or to the west of a line starting
from the right bank of the Murray River opposite Swan Hill and then passing
through the following towns or localities in the following order, namely:
Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill,
Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and
Bonshaw, and includes a place situated in any such town or locality, except as
specified in paragraphs 30.2(b) and 30.2(c);
(b) Grade B allowances - the rate shown as
Grade B in Item 14 of Schedule B in respect of the towns and localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia,
Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie,
Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;
(c) Grade C allowances - the rate shown as
Item 14 of Schedule B in respect of the localities of Fort Grey, Mutawintji, Mount Wood, Nocoleche,
Olive Downs, Tibooburra and Yathong.
30.3 The dependant
rate for each grade is payable where the Employee has a dependant as defined
and the Employee's dependant(s) resides within the area that attracts the
remote area allowance and the Employee's spouse, if also employed in the Public
Sector, is not in receipt of an allowance under this clause, unless each spouse
resides at a separate location within the remote area.
30.4 For the purposes of this clause dependant is
defined as:
(a) the spouse of
the Employee (including a de facto spouse);
(b) each child of
the Employee aged 18 years or under;
(c) each child of
the Employee aged more than 18 years but less than 26 years who remains a
student in full time education or training at a recognised educational
institution, or who is an apprentice; and
(d) any other person
who is part of the Employee's household and who is, in the opinion of the
Employer, substantially financially dependent on the Employee.
30.5 Where Employees
are in receipt of the remote location living allowance provided for in clause
30.1 and work temporarily outside the areas listed in subclause 30.2, payment
of this allowance shall continue unless this temporary work is at the
Employee’s own request.
30.6 Assistance to
Employees Stationed in a Remote Area when travelling on annual leave:
(a) An Employee
who:
(i) is
indefinitely stationed in a remote area of the State of New South Wales
situated to the west of the 144 meridian of longitude or such other area to the
west of the 145 meridian of longitude as determined by
the Department of Premier and Cabinet; and
(ii) Proceeds on
annual leave to any place which is at least 480 kilometres by the nearest
practicable route from the Employee’s work location in that area, shall be paid
an allowance once in any period of 12 months at the appropriate rate shown in
Item 15 of Schedule B for the additional costs of travel. The use of the word
dependant in Schedule B has the same meaning as in subclause 30.4.
(b) Allowances under
this clause do not apply to Employees who have less than 3 years’ service and
who, at the date of engagement, were resident in the defined area.
30.7 An Employee who
is a volunteer part-time member of the Defence Forces and receives the remote
area allowance at the dependant rate may continue to receive the allowance at
the normal rate for the duration of the military leave provided that:
(a) the Employee
continues in employment; and
(b) the dependants
continue to reside in the area specified; and
(c) military pay
does not exceed the Employee's salary plus the remote locations living
allowance.
If the military salary exceeds the Employee's salary
plus the allowance at the dependant rate, the allowance is to be reduced to the
non-dependant rate.
31. Higher Grade and
Development
31.1 The employer is
committed to enabling and contributing to the professional development of
employees.
31.2 Employees who are
authorised by the Employer to perform all the duties of a Higher
Grade position for 5 or more consecutive days, shall not be paid less
than the minimum salary of the higher graded position.
31.3 Where in any one
period of higher duties of 5 consecutive days or more the Employee does not
perform the whole of the duties of the higher graded position, the Employee
will be paid a percentage as determined by the Employer of the minimum salary
of the higher graded position. The Employer will advise the Employee of the
percentage to be paid, and the basis for its calculation.
32. Salary Packaging
32.1 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 s.68K(2) of the Act any allowances paid to an Employee which form part of
the Employee’s salary for superannuation purposes.
32.2 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.
32.3 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.
32.4 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. Such agreement must be made prior to the period of service to which
the earnings relate.
32.5 Salary packaging
must be cost neutral for the Employer. Employees must reimburse the Employer in
full for the amount of:
(a) any fringe
benefits tax liability arising from a salary packaging arrangement; and
(b) any
administrative fees.
32.6 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:
(a) Superannuation
Guarantee Contributions;
(b) any
salary-related payment including but not limited to severance payments, allowances and workers compensation payments; and
(c) payments made
in relation to accrued leave paid on termination of the Employee’s employment
or on the death of the Employee.
33. Work Health and
Safety
33.1 For the purposes
of this clause, the following definitions shall apply:
(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.
(b) "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.
33.2 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):
(a) consult with
Employees of the labour hire business and/or contract business regarding the
workplace health and safety consultative arrangements;
(b) provide
Employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such Employees to perform their jobs safely;
(c) 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
(d) 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.
33.3 Nothing in this
clause 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 (Cth) or the Workplace Injury Management and
Workers Compensation Act 1998.(NSW)
33.4 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (Cth) (or equivalent interstate legislation) and
are deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
PART B
CONDITIONS COVERING SHIFT WORKERS IN THE
TRANSPORT MANAGEMENT CENTRE
34. TOC and TIOs
34.1 This clause applies
to TOCs and TIOs. To the extent this clause conflicts with a clause in Part A,
this clause will prevail.
34.2 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 70 hours worked
over a 2 week roster cycle. Other than Employees on
probation, Employees shall be rostered to work shifts of 12 hours 10 minutes,
including a 30 minute 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 required 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 subclause
34.4.
(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 subclause 34.4
(d) Part Time
Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. Weekly
contract hours will be a minimum of 25 hours and fewer ordinary hours than the
ordinary hours worked by a Full-Time Employee.
(ii) 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. The minimum contract hours
of work per day will be 5 hours, to be rostered on a morning and/or afternoon
Monday to Friday. The maximum ordinary hours of work per day will be 7 hours.
(iii) 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
subclause 34.4
(e) Meal Breaks
Employees shall not work more than 5 hours from the
commencement of a shift without having a minimum 30 minutes
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.
34.3 Shift
work
(a) For the
purposes of this 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 5 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 time and one half of
the ordinary rate of pay,
(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) In the case of
full-time Employees, the 17.5 per cent annual leave loading is to be calculated
on the basis of 17.5 per cent of five weeks ordinary
salary.
(x) 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 5 days recreational leave per annum. This
leave shall accrue at the rate of 5/12th of a day for each complete month that
an Employee works.
(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.
(e) Transport
Operations Controllers will be consulted with a view to developing and
implementing fatigue principles and systems.
34.4 Overtime Worked by TOCs and TIOs
Payment of overtime shall be made at the following
rates:
(a) All time worked
in excess of 11 hours 40 minutes per shift or 70 hours
per fortnightly pay period between midnight Sunday and midnight Saturday, shall
be paid at the rate of time and one half for the first 2 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 3 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 3.
(f) The formula for
the calculation of overtime at ordinary rates shall be:
Provided that:
(g) Employees
working overtime which extends beyond a period of one and one-half hours from
their normal finishing time shall, at the conclusion of one and one-half hours,
have a meal break and be paid a meal allowance in accordance with Schedule B
Item 3. Meal breaks shall be of 30 minutes duration and shall be paid for as
time worked.
34.5 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.
35. TMC Shift Workers
Other Than TOCs and TIOs and Transport Commanders
35.1 This clause
applies to TMC Shift workers who are Transport Spokespersons, Senior Transport
Spokespersons, Senior Transport Information Managers and Transport Liaison
Managers. To the extent this clause conflicts with a clause in Part A, this
clause will prevail.
35.2 For the purpose
of this clause:
"Day shifts" shall be those shifts worked
between 7.00 am and 5.00 pm.
"Afternoon shifts" shall be those shifts commencing
at or after noon and before 3.00pm.
"Early morning shift" shall mean those shifts
commencing at or after 4.00am and before 7.00am.
35.3 Hours of Duty
shall be as follows:
(a) The ordinary
hours of work shall be 35 hours per week Monday to Friday in shifts of 7 hours
22 minutes over 19 days per 4 week period. A rostered
day off must not fall on a public holiday.
(b) No Employee
shall work more than 5 consecutive hours without a meal break of 30 minutes.
(c) An Employee is
entitled to a rest break of at least 8 hours between the cessation of an
ordinary rostered shift and the commencement of the next rostered shift.
(d) Where an
Employee has not observed a rest break of at least 8 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 35.4.
35.4 Payment for Shift Work
(a) Payment for day
shift shall be at ordinary rates of pay.
(b) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent.
(c) Payment for
afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12.5 per cent.
35.5 Shift Rosters
(a) Employees shall
be rostered to work shifts as required by the Employer. Rotating shifts shall
rotate weekly commencing Monday.
(b) Rosters will be
made available at least 30 calendar days in advance.
(c) The Employer will
consult with affected Employee(s) regarding a change to a rostered shift.
(d) 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.
(e) An Employee on
rotating shifts shall not be rostered to work more than 2 weeks on afternoon
shift other than at their own request or by agreement between the Employee
concerned and the Employer. Should an Employee be required to work afternoon
shift for more than 2 consecutive working weeks (other than at their own
request or by agreement between the Employee concerned and the Employer) the
Employee shall be paid at the rate of time and one- half of the ordinary rate
for all ordinary time worked on afternoon shift in excess of
2 consecutive weeks until the shifts are rotated.
35.6 Payment of Overtime
Payment of overtime shall be made at the following
rates:
(a) Subject to clause 35.6(e), all time
worked in excess of 7 hours per day or 35 hours per
week between midnight Sunday and midnight Saturday, shall be paid for at the
rate of time and one-half for the first 2 hours and double time thereafter
based on the Employee's ordinary rate of pay. For this purpose
each period of overtime shall stand alone.
(b) Any work carried
out on Sundays shall be paid for at the rate of double time.
(c) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-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 rates.
Provided that:
(e) An Employee shall not be required to be
on duty for more than 14 consecutive hours. After being on duty for 14
consecutive hours an Employee shall take a rest break of at least 4 consecutive
hours and where they are directed to resume without having had a rest break of
eight consecutive hours they shall be paid at the rate of double ordinary time
or double time and one half on a public holiday until released from duty for 8
consecutive hours. Any rostered working time occurring during such absence
shall be paid for at the appropriate shift work rate.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the meal allowance,
in accordance with Schedule B, Item 3. Meal breaks taken during any period of overtime
which has been worked as an extension of an afternoon shift shall be of 30
minutes duration and shall be paid for as time worked.
(g) An Employee
required to work a shift on a rostered day off shall be paid at overtime rates
in accordance with paragraph 35.6(a).
(h) Unless the
Employee concerned has been notified at least 24 hours in advance of the
requirement to work overtime, one meal allowance shall be paid for during such
shift in accordance with Schedule B Item 3.
36. Transport
Commanders
36.1 This clause
applies to TMC Transport Commanders. To the extent this clause conflicts with a
clause in Part A, this clause will prevail.
36.2 For the purpose
of this clause:
"Day shifts" shall be those shifts worked
between 7.00 am and 5.00 pm.
"Afternoon shifts" shall be those shifts
commencing at or after noon and before 3.00pm.
"Early morning shift" shall mean those shifts
commencing at or after 4.00am and before 7.00am.
36.3 Hours of Duty
shall be as follows:
(a) The ordinary
hours of work shall be 35 hours per week Monday to Friday in shifts of 7 hours.
(b) No Employee
shall work more than 5 consecutive hours without a meal break of 30 minutes.
(c) An Employee is
entitled to a rest break of at least 8 hours between the cessation of an ordinary
rostered shift and the commencement of the next rostered shift.
(d) Where an
Employee has not observed a rest break of at least 8 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 subclause 36.4.
36.4 Payment
for Shift Work:
(a) Payment for day
shift shall be at ordinary rates of pay.
(b) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent.
(c) Payment for
afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12.5 per cent.
36.5 Shift Rosters
(a) Employees shall
be rostered to work shifts on a rotating basis as required by the Employer.
Rotating shifts shall rotate weekly commencing Friday.
(b) Rosters will be
made available at least 30 calendar days in advance.
(c) The Employer
will consult with the affected Employee(s) regarding a change to a rostered
shift.
(d) 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.
(e) An Employee on
rotating shifts shall not be rostered to work more than 2 weeks on afternoon
shift in any period of 3 working weeks other than at their own request or by
agreement between the Employee concerned and the Employer. Should an Employee
be required to work afternoon shift for more than 2 consecutive working weeks
(other than at their own request or by agreement between the Employee concerned
and the Employer) the Employee shall be paid at the rate of time and one-half
of the ordinary rate for all ordinary time worked on afternoon shift in excess of 2 consecutive weeks until the shifts are
rotated.
36.6 Payment
of Overtime
When not rostered on call, payment of overtime shall be
made at the following rates:
(a) Subject to
paragraph 36.6(e), all time worked in excess 7 hours per day or 35 hours per
week between midnight Sunday and midnight Saturday, shall be paid for at the
rate of time and one-half for the first 2 hours and double time thereafter
based on the Employee's ordinary rate of pay. For this purpose
each period of overtime shall stand alone.
(b) Any work carried
out on Sundays shall be paid for at the rate of double time.
(c) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-half.
(d) An Employee who works overtime on Saturday
or Sunday or on a public holiday shall be paid a minimum payment for 3 hours
work at the appropriate rates.
Provided that:
(e) An Employee
shall not be required to be on duty for more than 14 consecutive hours. After
being on duty for 14 consecutive hours an Employee shall take a rest break of
at least four consecutive hours and where they are directed to resume without
having had a rest break of 8 consecutive hours they shall be paid at the rate
of double ordinary time, or double time and one half on a public holiday, until
released from duty for 8 consecutive hours. Any rostered working time occurring
during such absence shall be paid for at the appropriate shift work rates.
(f) Employees working
overtime which extends beyond a period of one and one-half hours from the
normal finishing time of a shift shall, at the conclusion of such period of one
and one-half hours, be entitled to a meal break and to the meal allowance in
accordance with Schedule B, Item 3, Meal breaks taken during any period of
overtime which has been worked as an extension of an afternoon shift shall be
of 30 minutes duration and shall be paid for as time worked.
(g) Unless the
Employee concerned has been notified at least 24 hours in advance of the
requirement to work overtime, one meal allowance shall be paid in accordance
with Schedule B Item 3.
37. TMC CHD Taskforce
and Replacement Bus Transport Services, Transport Liaison Managers, Emergency
Bussing Managers and Digital Media Support Officers
37.1 This clause
applies to Transport Liaison Managers (TLMs), Emergency Bussing Managers (EBMs)
and Digital Media Support Officers (DMSOs) dedicated to the CBD taskforce and
Replacement Bus Transport Services. To the extent this clause conflicts with a
clause in Part A, this clause will prevail.
37.2 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) Ordinary hours
of work shall be 140 hours worked over a 4 week roster
cycle.
(iii) Employees shall
be rostered to work shifts lengths of, excluding unpaid meal breaks:
A. 11 hours, 40
minutes; or
B. 8 hours, 45
minutes; or
C. 7 hours, 22
minutes
(iv) Shift lengths
will be consistent over the course of a week.
(v) Employees shall
not be required to work more than:
A. 19 days over a 4 week cycle;
B. 5 days in any 7 day period;
C. three
consecutive 12 hour, 10 minute shifts in any 7 day
period.
(c) Employees will
receive at least 9 roster free days (RFDs) per 4 week
cycle arranged so that:
A. at least two
sets of consecutive RFDs are granted; and
B. at least one of
those sets falls on a weekend.
(d) Breaks
Between Shifts
(i) Employees shall be
entitled to a rest break between the cessation of an ordinary rostered shift
and the commencement of the next rostered shift of at least:
A. 8 hours where
they are rostered to work shifts less than 10 hours; or
B. 10 hours where
they are rostered to work shifts of 10 hours or more.
(ii) Employee 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 provided at subparagraph 37.2(d)(i)
they will be paid at the relevant rate set out in subparagraph 37.2(d)(iii).
(iii) Where Employees have not observed a rest
break provided for in clause 37.2(d)i 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 the period set out in subparagraph 37.2(d)(i).
Any rostered working time occurring during such absence shall be paid at the
shift work rate in subclause 37.3.
(e) Part Time
Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. Weekly
contract hours will be a minimum of 25 hours and fewer ordinary hours than the
ordinary hours worked by a Full-Time Employee.
(ii) 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. The minimum contract hours
of work per day will be five hours, to be rostered on a morning and/or
afternoon Monday to Friday. The maximum ordinary hours of work per day will be
seven hours.
(iii) 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
subclause 37.4.
(f) Meal Breaks
Employees shall not work more than 5 hours from the
commencement of a shift without having a minimum 30 minutes
meal break. Employees rostered for a further 5 hours of work will be provided a
paid crib break of 20 minutes.
37.3 Shift Work
(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
12.5 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 time and one half of
the ordinary rate of pay,
(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) In the case of
full-time Employees, the 17.5 per cent annual leave loading is to be calculated
on the basis of 17.5 per cent of five weeks ordinary
salary.
(x) 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 5 days annual leave per annum. This leave
shall accrue at the rate of 5/12th of a day for each complete month that an
Employee works.
(d) Shift Rosters
(e) Employees shall
be rostered to work shifts on a rotating basis as required by the Employer.
(f) Rosters shall
be made available at least 30 calendar days in advance.
(g) The Employer
will endeavour to provide more than 30 days’ notice of rosters where a
significant change to the roster pattern is proposed.
(h) The Employer will
consult with affected Employee(s) regarding a changed to a rostered shift.
(i) 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.
37.4 Overtime
Worked by TLMs, EBMs and DMSOs
Payment of overtime shall be made at the following
rates:
(a) All time worked
in excess of 11 hours 40 minutes per shift or 140 hours per 4
week cycle between midnight Sunday and midnight Saturday, shall be paid
at the rate of time and one half for the first 2 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 3 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 3.
(f) The formula for
the calculation of overtime at ordinary rates shall be:
|
Annual Salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
No. of ordinary
hours or work per week
|
Provided that:
(g) Employees working
overtime which extends beyond a period of one and one-half hours from their
normal finishing time shall, at the conclusion of one and one-half hours, have
a meal break and be paid a meal allowance in accordance with Schedule B, Item
3. Meal breaks shall be of 30 minutes duration and shall be paid for as time
worked.
37.5 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) When accessing
sick leave, the Employee will be debited the hours equivalent to the shift the
Employee was rostered to perform had they not taken sick leave.
(c) During the first
4 months of employment, an Employee can access paid sick leave for up to 35
hours even though that leave has not yet accrued.
38. CBD Taskforce and
Replacement Bus Transport Services Area Transport Coordinators and Senior
Transport Information Managers
38.1 This clause
applies to CBD Taskforce and Replacement Bus Transport Services Area Transport
Coordinators and Senior Transport Information Managers. To the extent this
clause conflicts with a clause in Part A, this clause will prevail.
38.2 For the purpose
of this clause:
"Early morning shift" shall mean those shifts
commencing at or after 4.00am and before 6.00am. "Day shifts" shall
be those shifts commencing at or after 6.00 am and before noon.
"Afternoon shifts" shall be those shifts
commencing at or after noon and before 4.00 pm.
38.3 Hours of Duty
shall be as follows:
(a) The ordinary
hours of work shall be 140 hours worked over a 4 week
roster cycle, between the hours of 4am and 11pm.
(b) Employees shall
be rostered to work shifts lengths of:
(i) 11
hours, 40 minutes; or
(ii) 8 hours, 45
minutes; or
(iii) 7 hours, 22
minutes
excluding unpaid meal breaks.
(c) Shift lengths
will be consistent over the course of a week.
(d) Employees shall not
be required to work more than:
(i) 19
days over a 4 week cycle;
(ii) 5 days in any 7 day period;
(iii) three consecutive 12 hour, 10 minute shifts in any 7 day period.
(e) Employees will
receive at least 9 roster free days (RFDs) per 4 week
cycle arranged so that at least two sets of consecutive RFDs are granted.
(f) No Employee
shall work more than 5 consecutive hours without a meal break of 30 minutes.
Employees rostered for a further 5 hours of work will be provided a paid crib
break of 20 minutes.
38.4 Breaks Between Shifts
(a) An Employee is entitled to a rest break
between the cessation of an ordinary rostered shift and the commencement of the
next rostered shift of at least:
(i) 8
hours where they are rostered to work shifts less than 10 hours; or
(ii) 10 hours where
they are rostered to work shifts of 10 hours or more.
(b) Where an
Employee has not observed a rest break provided for in clause 38.4(a) 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
the period specified in clause 38.4(a). Any rostered working time occurring
during such absence shall be paid at the shift work rate in clause 38.5.
38.5 Payment for Shift Work
(a) Payment for day
shift shall be at ordinary rates of pay.
(b) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent.
(c) Payment for
afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12.5 per cent.
(d) 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.
(e) Payment for all
ordinary time worked on a Sunday shall be at the rate of double the ordinary
rate of pay.
(f) 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.
(g) Employees
rostered off on a public holiday shall be credited with a day in lieu for each such day.
(h) In the case of
full-time Employees, the 17.5 per cent annual leave loading is to be calculated
on the basis of 17.5 per cent of five weeks ordinary
salary.
(i) 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.
38.6 Shift Rosters
(a) Employees shall
be rostered to work shifts as required by the Employer. Rotating shifts shall
rotate weekly commencing Monday.
(b) Rosters shall be
made available at least 30 calendar days in advance.
(c) The Employer
will endeavour to provide more than 30 days’ notice of rosters where a
significant change to the roster pattern is proposed.
(d) the Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(e) 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.
(f) An Employee on
rotating shifts shall not be rostered to work more than 2 weeks on afternoon
shift other than at their own request or by agreement between the Employee concerned
and the Employer. Should an Employee be required to work afternoon shift for
more than 2 consecutive working weeks (other than at their own request or by
agreement between the Employee concerned and the Employer) the Employee shall
be paid at the rate of time and one- half of the ordinary rate for all ordinary
time worked on afternoon shift in excess of 2
consecutive weeks until the shifts are rotated.
38.7 Payment
of Overtime
Payment of overtime shall be made at the following
rates:
(a) Subject to
clause 38.7(e), all time worked in excess of 11 hours and 40 minutes per day or
140 hours over a 4 week cycle between midnight Sunday
and midnight Saturday, shall be paid for at the rate of time and one-half for
the first 2 hours and double time thereafter based on the Employee's ordinary
rate of pay. For this purpose each period of overtime
shall stand alone.
(b) Any work carried
out on Sundays shall be paid for at the rate of double time.
(c) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-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 3 hours work at the appropriate rates.
Provided that:
(e) An Employee
shall not be required to be on duty for more than 14 consecutive hours. After
being on duty for 14 consecutive hours an Employee shall take a rest break of
at least four consecutive hours and where they are directed to resume without
having had a rest break of 8 consecutive hours they shall be paid at the rate
of double ordinary time or double time and one half on a public holiday until
released from duty for 8 consecutive hours. Any rostered working time occurring
during such absence shall be paid for at the appropriate shift work rate.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the meal allowance,
in accordance with Schedule B Item 3. Meal breaks taken during any period of
overtime which has been worked as an extension of an afternoon shift shall be
of 30 minutes duration and shall be paid for as time worked.
(g) An Employee
required to work a shift on a rostered day off shall be paid at overtime rates
in accordance with paragraph (a) of this clause.
(h) Unless the
Employee concerned has been notified at least 24 hours in advance of the
requirement to work overtime, one meal allowance shall be paid for during such
shift in accordance with Schedule B Item 3.
38.8 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) When accessing
sick leave, the Employee will be debited the hours equivalent to the shift the
Employee was rostered to perform had they not taken sick leave.
(c) During the
first 4 months of employment, an Employee can access paid sick leave for up to
35 hours even though that leave has not yet accrued.
SCHEDULE A
CLASSIFICATION
STRUCTURE AND RATES OF PAY
Part 1
|
Classification
|
Level
|
2.53% increase effective from the first
full pay period on or after 1 July 2022
(per annum)
$
|
4.0% increase effective from the first
full pay period on or after 1 July 2023
(per annum)
$
|
|
Transport
Service Grade 1
|
Level
1A
|
56,790
|
59,062
|
|
|
Level
1B
|
58,209
|
60,537
|
|
|
Level
1C
|
59,630
|
62,015
|
|
|
Level
1D
|
61,049
|
63,491
|
|
|
Level
1E
|
62,469
|
64,968
|
|
Transport
Service Grade 2
|
Level
2A
|
62,802
|
65,314
|
|
|
Level
2B
|
64,372
|
66,947
|
|
|
Level
2C
|
65,944
|
68,582
|
|
|
Level
2D
|
67,514
|
70,215
|
|
|
Level
2E
|
69,086
|
71,849
|
|
Transport
Service Grade 3
|
Level
3A
|
69,486
|
72,265
|
|
|
Level
3B
|
71,222
|
74,071
|
|
|
Level
3C
|
72,958
|
75,876
|
|
|
Level
3D
|
74,694
|
77,682
|
|
|
Level
3E
|
76,432
|
79,489
|
|
Transport
Service Grade 4
|
Level
4A
|
77,370
|
80,465
|
|
|
Level
4B
|
79,305
|
82,477
|
|
|
Level
4C
|
81,238
|
84,488
|
|
|
Level
4D
|
83,173
|
86,500
|
|
|
Level
4E
|
85,105
|
88,509
|
|
Transport
Service Grade 5
|
Level
5A
|
87,256
|
90,746
|
|
|
Level
5B
|
89,438
|
93,016
|
|
|
Level
5C
|
91,619
|
95,284
|
|
|
Level
5D
|
93,802
|
97,554
|
|
|
Level
5E
|
95,984
|
99,823
|
|
Transport
Service Grade 6
|
Level
6A
|
97,279
|
101,170
|
|
|
Level
6B
|
99,711
|
103,699
|
|
|
Level
6C
|
102,143
|
106,229
|
|
|
Level
6D
|
104,574
|
108,757
|
|
|
Level
6E
|
107,007
|
111,287
|
|
Transport
Service Grade 7
|
Level
7A
|
108,770
|
113,121
|
|
|
Level
7B
|
112,031
|
116,512
|
|
|
Level
7C
|
115,295
|
119,907
|
|
|
Level
7D
|
118,560
|
123,302
|
|
|
Level
7E
|
121,822
|
126,695
|
|
Transport
Service Grade 8
|
Level
8A
|
123,470
|
128,409
|
|
|
Level
8B
|
127,173
|
132,260
|
|
|
Level
8C
|
130,877
|
136,112
|
|
|
Level
8D
|
134,580
|
139,963
|
|
|
Level
8E
|
138,284
|
143,815
|
|
Transport
Service Grade 9
|
Level
9A
|
142,178
|
147,865
|
|
|
Level
9B
|
146,442
|
152,300
|
|
|
Level
9C
|
150,707
|
156,735
|
|
|
Level
9D
|
154,972
|
161,171
|
|
|
Level
9E
|
159,238
|
165,608
|
PART 2
|
Classification
|
Level
|
2.53% increase effective from the first full
pay period on or after 1 July 2022
(per annum)
$
|
4.0% increase effective from the first
full pay period on or after 1 July 2023
(per annum)
$
|
|
Professional
Engineer
|
Level
1
|
97,279
|
101,170
|
|
Grade
A
|
Level
2
|
102,143
|
106,229
|
|
|
Level
3
|
104,574
|
108,757
|
|
|
Level
4
|
108,770
|
113,121
|
|
|
Level
5
|
112,031
|
116,512
|
|
|
Level
6
|
115,295
|
119,907
|
|
Professional
Engineer
|
Level
1
|
118,560
|
123,302
|
|
Grade
B
|
Level
2
|
123,470
|
128,409
|
|
|
Level
3
|
128,773
|
133,924
|
|
|
Level
4
|
134,135
|
139,500
|
|
|
Level
5
|
138,284
|
143,815
|
|
Professional
Engineer
|
Level
1
|
142,178
|
147,865
|
|
Grade
C
|
Level
2
|
147,862
|
153,776
|
|
|
Level
3
|
153,547
|
159,689
|
|
|
Level
4
|
159,238
|
165,608
|
SCHEDULE B
ALLOWANCES
AND EXPENSES
|
Allowances and Expenses
|
Subject
|
Amount effective first full pay period on
or after 1 July 2022
$
|
Amount effective first full pay period on
or after 1 July 2023
$
|
|
Item
1*
|
On
Call (Rostered Day)
|
$43.10
|
$44.80
|
|
Item
2*
|
On
Call (Non Rostered Day)
|
$65.10
|
$67.70
|
|
Item
3#
|
Overtime
Meal
|
#
|
#
|
|
Item
4#
|
Breakfast
Meal (no overnight stay)
|
#
|
#
|
|
Item
5#
|
Lunch
Meal (no overnight stay)
|
#
|
#
|
|
Item
6#
|
Dinner
Meal (no overnight stay)
|
#
|
#
|
|
Item
7#
|
Overnight
Stay Away from Headquarters Allowance
|
Varies
depending on location - see relevant NSW Department of Premier and Cabinet
Circular
|
|
Item
8#
|
Incidental
Expenses Associated with Overnight Stay Away from Headquarters
|
#
|
#
|
|
Item
9#
|
Private
use of Motor Vehicle - up to 1600 cc
|
#
|
#
|
|
Item
10#
|
Private
use of Motor Vehicle -between 1601cc and 2600cc
|
#
|
#
|
|
Item
11#
|
Private
use of Motor Vehicle - over 2600 cc
|
#
|
#
|
|
Item
12*
|
Holders
of St John’s Ambulance
|
$1,002.50
|
$1042.60
|
|
Item
13*
|
Holders
of current occupational first aid certification issued within the previous
three years and in charge of a First aid room in a workplace of 200 or more
|
$1,505.80
|
$1566.00
|
|
Item
14#
|
Remote
Location (with dependants)
|
#
|
#
|
|
Grade
A
|
|
Grade
B
|
|
Grade
C
|
|
|
Remote
Location (without dependants)
|
#
|
#
|
|
Grade
A
|
|
Grade
B
|
|
Grade
C
|
|
Item
15#
|
Remote
Location Annual Leave Travel By Private Vehicle
|
#
|
#
|
|
Other
Transport (with dependants)
|
#
|
#
|
|
Other
Transport (without dependants)
|
#
|
#
|
|
Rail
Travel
|
#
|
#
|
SCHEDULE C
-TRANSITIONAL ARRANGEMENTS
39. Transitional Arrangements
The transitional arrangements for each Transport Agency are
shown in Tables 1-7 below.
Code X - Employees will transition across to the same or
next higher incremental TfNSW salary level and will
be eligible to progress to the next incremental TfNSW
salary level on the anniversary of their appointment to the position.
Code Y - Employees will transition across to the same or
next higher incremental TfNSW salary level and will
retain their existing increment date for progression to the next TfNSW incremental salary level.
Code Z - Employees will continue to progress through the
incremental salary range within their existing grade from their former agency
until they reach the maximum increment point, whereupon they will be
transitioned across to the maximum increment in the appropriate grade within
the TfNSW classification structure and thereafter be
paid by way of a personal salary unless they are promoted or transferred by
Employer direction and receive a higher rate of pay.
40. Personal Salaries
- Code Z
Employees will continue to be afforded a personal salary and
incremental salary progression until promoted to a position and receiving a
higher rate of pay. The Employee’s personal rate of pay and incremental salary
range will also be subject to future Award increases.
41. Annual Award
Increases
Employees who remain on the incremental salary range with
their existing Grade from their former agency will continue to receive annual increases
in accordance with the industrial instrument in force of the time of their
transition.
Transitioning Employees will not be entitled to receive 2
award increases in rates of pay under separate industrial instruments during
the same calendar year.
Employees who have received an increase in rates of pay
under their former agency’s Award or Enterprise Agreement during the first half
of the year will not be transitioned across onto the Transport for NSW
Classification Structure until the rates therein have also been increased
during the same calendar year.
42. Former RailCorp
Employees
Employees who have progressed to the maximum salary within
their former RailCorp Grade will transition across to the TfNSW
Grade after 1 April 2013 at the maximum increment in the appropriate TFNSW
grade and will thereafter retain their existing rate of pay by way of a
personal salary unless they are promoted or transferred by Employer direction
and receive a higher rate of pay.
Employees who have not yet progressed to the maximum
incremental salary level within their former RailCorp Grade will continue to be
employed within that Grade until they progress to the maximum incremental
salary level at which time they will then transition
across to the maximum increment in the appropriate TfNSW
Grade and thereafter be paid by way of a personal salary.
Subject to the provisions of 3 above, after the RailCorp
Enterprise Agreement expires on 31/3/2014, the rates of pay and incremental
salary levels for these Employees will be subject to Award increases in rates
of pay that apply to other Employees who are covered under the TfNSW classification structure.
43. Former Maritime
Employees
Former Maritime Employees will transition across to the
appropriate TfNSW Grade after 1 July 2013 and will
thereafter retain their existing rate of pay as a personal salary unless they
are promoted or transferred by Employer direction and receive a higher rate of
pay.
Subject to the provisions of 3 above, after 1 July 2013 the
Employee’s personal rate of pay will also be subject to future Award increases
in rates of pay that apply to other Employees who are covered under the TfNSW classification structure.
Table 1- Rates of Pay, Equivalent Grades and Transitional
Arrangements for DoT Employees Transitioning to Transport for NSW
|
DoT Grade
|
DoT Salary
$
|
Equivalent TfNSW Grade
|
TfNSW
Salary
$
|
DOT Increment
Transitional Code
|
|
1
|
40,606
|
1
|
43,563
|
X
|
|
42,023
|
43,563
|
X
|
|
43,492
|
43,563
|
Y
|
|
45,015
|
45,741
|
X
|
|
|
46,830
|
|
|
|
47,919
|
|
|
2
|
46,590
|
|
|
Z
|
|
48,225
|
Z
|
|
49,909
|
Z
|
|
51,662
|
Z
|
|
3
|
53,466
|
2
|
48,175
|
Z
|
|
55,338
|
49,379
|
Z
|
|
57,271
|
50,584
|
Z
|
|
59,277
|
51,788
|
Z
|
|
|
52,993
|
|
|
4
|
61,357
|
4
|
59,348
|
Z
|
|
63,500
|
60,832
|
Z
|
|
65,723
|
62,315
|
Z
|
|
68,025
|
63,799
|
Z
|
|
|
65,282
|
|
|
5
|
70,494
|
6
|
74,620
|
X
|
|
72,868
|
74,620
|
Y
|
|
75,572
|
76,486
|
Y
|
|
78,061
|
78,351
|
X
|
|
|
80,217
|
|
|
|
82,082
|
|
|
6
|
80,793
|
7
|
83,435
|
Y
|
|
83,622
|
85,938
|
Y
|
|
86,545
|
88,441
|
Y
|
|
89,574
|
90,944
|
X
|
|
|
93,447
|
|
|
7
|
92,710
|
8
|
94,710
|
Y
|
|
95,956
|
97,551
|
Y
|
|
99,314
|
100,393
|
Y
|
|
102,787
|
103,234
|
X
|
|
|
106,075
|
|
|
8
|
106,387
|
9
|
109,060
|
Z
|
|
110,111
|
112,332
|
Z
|
|
|
115,604
|
-
|
|
116,997
|
118,875
|
Z
|
|
122,148
|
122,148
|
-
|
Table 2 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for Roads and Traffic Authority Employees
Transitioning to Transport for NSW
|
RTA Grade
|
RTA Salary
$
|
Equivalent TfNSW Grade
|
TfNSW
Salary
$
|
RTA Increment
Transitional Code
|
|
1
|
33,331
|
1
|
43,563
|
X
|
|
36,557
|
43,563
|
X
|
|
41,794
|
43,563
|
X
|
|
|
44,652
|
|
|
|
45,741
|
|
|
|
46,830
|
|
|
|
47,919
|
|
|
2
|
44,078
|
2
|
48,175
|
X
|
|
46,079
|
48,175
|
X
|
|
47,793
|
48,175
|
X
|
|
|
49,379
|
|
|
|
50,584
|
|
|
|
51,788
|
|
|
|
52,993
|
|
|
3
|
50,747
|
3
|
53,300
|
X
|
|
53,125
|
53,300
|
Y
|
|
|
54,633
|
|
|
55,600
|
55,965
|
X
|
|
|
57,298
|
|
|
|
58,630
|
|
|
4
|
57,296
|
4
|
59,348
|
Y
|
|
59,542
|
60,832
|
Y
|
|
61,885
|
62,315
|
X
|
|
|
63,799
|
|
|
|
65,282
|
|
|
5
|
64,012
|
|
|
Z
|
|
66,082
|
Z
|
|
67,272
|
Z
|
|
6
|
|
5
|
66,933
|
|
|
|
68,606
|
|
|
68,748
|
70,279
|
Y
|
|
70,835
|
71,953
|
Y
|
|
73,153
|
73,626
|
X
|
|
7
|
|
6
|
74,620
|
|
|
74,745
|
76,486
|
Y
|
|
77,383
|
78,351
|
Y
|
|
78,885
|
80,217
|
X
|
|
|
82,082
|
|
|
8
|
82,121
|
7
|
83,435
|
Y
|
|
85,456
|
85,938
|
Y
|
|
88,124
|
88,441
|
X
|
|
|
90,944
|
|
|
|
93,447
|
|
|
9
|
92,178
|
8
|
94,710
|
Y
|
|
94,826
|
97,551
|
Y
|
|
99,093
|
100,393
|
X
|
|
|
103,234
|
|
|
|
106,075
|
|
|
10
|
101,594
|
9
|
109,060
|
X
|
|
105,602
|
109,060
|
Y
|
|
|
111,025
|
|
112,332
|
X
|
|
11
|
114,457
|
|
115,604
|
Y
|
|
|
118,875
|
Y
|
|
119,439
|
122,148
|
Y
|
|
122,128
|
122,148
|
-
|
Table 3 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for RTA Professional Engineers Transitioning to
Transport for NSW
|
RTA PROF. ENG Grade
|
RTA PROF. ENG.
Salary
(No Annual Leave
Loading)
$
|
Equivalent TfNSW Grade
|
TfNSW
Salary
$
|
RTA Engineers
Increment Transitional Code
|
|
Engineer Level 1
|
|
A
|
74,620
|
-
|
|
Yrs. 1 - 3
|
74,746
|
|
78,351
|
X
|
|
(RTA USS 7)
|
77,385
|
|
78,351
|
Y
|
|
|
78,887
|
|
80,217
|
Y
|
|
Engineer Level 1
|
82,121
|
|
83,435
|
Y
|
|
Yrs 4 - 6
|
85,454
|
|
85,938
|
Y
|
|
(RTA USS 8)
|
88,123
|
|
88,441
|
-
|
|
Engineer Level 2
|
|
B
|
90,944
|
-
|
|
Yrs l 1 - 3
|
92,176
|
|
94,710
|
Y
|
|
(RTA USS 9)
|
94,826
|
|
98,779
|
Y
|
|
|
99,092
|
|
102,892
|
X
|
|
|
|
|
106,075
|
|
|
Engineer Level 3
|
101,593
|
C
|
109,060
|
X
|
|
Yrs 1 - 3
|
105,600
|
|
109,060
|
Y
|
|
(RTA USS 10)
|
111,024
|
|
113,421
|
Y
|
|
Engineer Level 4
|
114,456
|
|
117,782
|
Y
|
|
Yrs 1 - 3
|
119,439
|
|
122,148
|
-
|
|
(RTA USS 11)
|
122,125
|
|
122,148
|
-
|
Table 4: Rates of Pay, Equivalent Grades and Transitional
Arrangements for State Transit Authority Employees Transitioning to Transport
for NSW
|
STA Grade
|
STA Salary
|
Equivalent TfNSW Grade
|
TfNSW
Salary
|
STA Increment
Transitional Code
|
|
|
$
|
$
|
$
|
|
|
1
|
42,190
|
|
43,563
|
Z
|
|
43,947
|
44,652
|
Z
|
|
45,327
|
45,741
|
Z
|
|
|
46,830
|
|
|
47,100
|
47,919
|
Z
|
|
48,293
|
47,919
|
Z
|
|
49,672
|
47,919
|
-
|
|
2
|
|
2
|
48,175
|
|
|
|
49,349
|
Y
|
|
50,342
|
50,484
|
X
|
|
51,012
|
51,788
|
|
|
3
|
51,867
|
|
52,993
|
Z
|
|
53,078
|
52,993
|
Z
|
|
53,906
|
52,993
|
-
|
|
4
|
|
3
|
53,300
|
|
|
54,929
|
54,633
|
|
|
56,291
|
55,965
|
X
|
|
57,756
|
57,298
|
Y
|
|
|
58,630
|
-
|
|
5
|
58,941
|
4
|
59,348
|
X
|
|
61,155
|
60,832
|
|
|
62,969
|
62,315
|
Y
|
|
|
63,799
|
|
|
|
65,282
|
|
|
6
|
64,165
|
5
|
66,933
|
X
|
|
65,876
|
66,933
|
X
|
|
68,276
|
68,606
|
X
|
|
|
70,279
|
|
|
|
71,953
|
|
|
|
73,626
|
|
|
Special
|
69,463
|
6
|
74,620
|
X
|
|
73,016
|
74,620
|
Y
|
|
76,606
|
76,486
|
|
|
|
78,351
|
X
|
|
|
80,217
|
|
|
|
82,082
|
|
|
SO
A
|
77,683
|
7
|
83,435
|
X
|
|
80,308
|
83,435
|
X
|
|
83,119
|
83,435
|
Y
|
|
86,262
|
85,938
|
|
|
89,910
|
88,441
|
Y
|
|
|
90,944
|
X
|
|
|
93,447
|
|
|
SO
B
|
89,090
|
8
|
94,710
|
X
|
|
91,952
|
94,710
|
X
|
|
95,051
|
97,551
|
Y
|
|
98,443
|
100,393
|
Y
|
|
102,121
|
103,234
|
X
|
|
|
106,075
|
|
|
SO
C
|
99,079
|
9
|
109,060
|
X
|
|
102,249
|
109,060
|
X
|
|
105,706
|
109,060
|
X
|
|
109,356
|
112,332
|
Y
|
|
113,309
|
115,604
|
X
|
|
|
118,875
|
|
|
|
122,148
|
|
|
SO
D
|
109,830
|
|
109,060
|
Z
|
|
113,353
|
112,332
|
Z
|
|
117,129
|
115,604
|
Z
|
|
121,420
|
118,875
|
Z
|
|
126,067
|
122,148
|
-
|
|
|
122,148
|
-
|
Table 5: Rates of Pay, Equivalent Grades, Incremental
Progression and Transitional Arrangements for RailCorp Employees Transitioning
to Transport for NSW
|
RailCorp Grade
|
RailCorp Salary
$
|
Effective
1 April 2012
$
|
Effective
1 April 2013
$
|
Equivalent TfNSW Grade
|
|
1
|
Level 1
|
43,915
|
45,451
|
47,043
|
1
|
|
|
Level 2
|
44,806
|
46,374
|
47,998
|
|
|
Level 3
|
45,772
|
47,373
|
49,032
|
|
|
Level 4
|
46,635
|
48,267
|
49,957
|
|
|
Level 5
|
47,472
|
49,133
|
50,854
|
|
2
|
Level 1
|
50,834
|
52,613
|
54,456
|
3
|
|
|
Level 2
|
52,530
|
54,368
|
56,272
|
|
|
Level 3
|
54,016
|
55,906
|
57,864
|
|
|
Level 4
|
55,749
|
57,700
|
59,721
|
|
|
Level 5
|
58,199
|
60,235
|
62,344
|
|
3
|
Level 1
|
60,504
|
62,621
|
64,814
|
4
|
|
|
Level 2
|
62,336
|
64,517
|
66,776
|
|
|
Level 3
|
63,657
|
65,884
|
68,191
|
|
|
Level 4
|
65,400
|
67,688
|
70,058
|
|
|
Level 5
|
66,967
|
69,310
|
71,737
|
|
4
|
Level 1
|
68,909
|
71,320
|
73,817
|
6
|
|
|
Level 2
|
71,081
|
73,568
|
76,144
|
|
|
Level 3
|
73,390
|
75,958
|
78,618
|
|
|
Level 4
|
76,402
|
79,076
|
81,845
|
|
|
Level 5
|
79,470
|
82,251
|
85,131
|
|
5
|
Level 1
|
83,140
|
86,049
|
89,062
|
7
|
|
|
Level 2
|
86,786
|
89,823
|
92,968
|
|
|
Level 3
|
89,688
|
92,827
|
96,077
|
|
|
Level 4
|
92,696
|
95,940
|
99,299
|
|
|
Level 5
|
95,899
|
99,255
|
102,730
|
|
6
|
Level 1
|
99,436
|
102,916
|
106,519
|
8
|
|
|
Level 2
|
101,804
|
105,367
|
109,056
|
|
|
Level 3
|
104,621
|
108,282
|
112,073
|
|
|
Level 4
|
107,437
|
111,197
|
115,098
|
|
|
Level 5
|
110,258
|
114,116
|
118,111
|
|
7
|
Level 1
|
111,906
|
115,822
|
119,877
|
9
|
|
|
Level 2
|
114,678
|
118,691
|
122,846
|
|
|
Level 3
|
117,465
|
121,576
|
125,832
|
|
|
Level 4
|
120,266
|
124,475
|
128,833
|
|
|
Level 5
|
123,123
|
127,432
|
131,893
|
NB: All RailCorp Employees will transition to TfNSW under Code Z.
Table 6: Rates of Pay, Equivalent Grades and Transitional
Arrangements for Sydney Ferries Employees Transitioning to Transport for NSW
|
Ferries Grade
|
Ferries Salary
$
|
Effective from 1
Jan 2012
|
Effective from 1
Jan 2013
|
TfNSW
Grade
|
TfNSW
Salary
$
|
Sydney Ferries
Increment Transitional Code
|
|
1
|
40,271
|
41,680
|
43,139
|
1
|
43,563
|
Z
|
|
41,947
|
43,415
|
44,935
|
43,563
|
Z
|
|
43,265
|
44,779
|
46,346
|
45,741
|
Z
|
|
44,957
|
46,530
|
48,159
|
46,830
|
Z
|
|
46,097
|
47,710
|
49,380
|
47,919
|
Z
|
|
47,414
|
49,073
|
50,791
|
47,919
|
-
|
|
2
|
|
|
|
2
|
48,175
|
|
|
|
|
|
49,379
|
|
|
48,053
|
49,735
|
51,476
|
50,584
|
X
|
|
48,693
|
50,397
|
52,161
|
50,584
|
X
|
|
3
|
49,509
|
51,242
|
53,035
|
|
51,788
|
Z
|
|
50,664
|
52,437
|
54,272
|
52,993
|
Z
|
|
51,455
|
53,256
|
55,120
|
52,993
|
-
|
|
4
|
|
|
|
3
|
53,300
|
|
|
52,433
|
54,268
|
56,167
|
54,633
|
X
|
|
53,732
|
55,613
|
57,559
|
55,965
|
X
|
|
55,129
|
57,059
|
59,056
|
57,298
|
X
|
|
|
|
|
58,630
|
|
|
5
|
56,261
|
58,230
|
60,268
|
4
|
59,348
|
X
|
|
58,373
|
60,416
|
62,531
|
60,832
|
X
|
|
60,106
|
62,210
|
64,387
|
62,315
|
X
|
|
|
|
|
63,799
|
|
|
|
|
|
65,282
|
|
|
6
|
61,247
|
63,391
|
65,610
|
5
|
66,933
|
X
|
|
62,883
|
65,084
|
67,362
|
66,933
|
X
|
|
65,171
|
67,452
|
69,813
|
68,606
|
X
|
|
|
|
|
70,279
|
|
|
|
|
|
71,953
|
|
|
|
|
|
73,626
|
|
|
Special
|
66,304
|
68,625
|
71,027
|
6
|
74,620
|
X
|
|
69,698
|
72,137
|
74,662
|
74,620
|
X
|
|
73,122
|
75,681
|
78,330
|
76,486
|
X
|
|
|
|
|
78,351
|
|
|
|
|
|
80,217
|
|
|
|
|
|
82,082
|
|
|
SO
A
|
74,151
|
76,746
|
79,432
|
7
|
83,435
|
X
|
|
76,656
|
79,339
|
82,116
|
83,435
|
X
|
|
79,341
|
82,118
|
84,992
|
83,435
|
X
|
|
82,340
|
85,222
|
88,205
|
85,938
|
X
|
|
|
|
|
88,441
|
|
|
85,823
|
88,827
|
91,936
|
90,944
|
X
|
|
|
|
|
93,447
|
|
|
SO
B
|
85,040
|
88,016
|
91,097
|
8
|
94,710
|
X
|
|
87,771
|
90,843
|
94,023
|
94,710
|
X
|
|
90,729
|
93,905
|
97,192
|
94,710
|
X
|
|
93,967
|
97,256
|
100,660
|
97,551
|
X
|
|
|
|
|
100,393
|
|
|
|
97,479
|
100,891
|
104,422
|
|
103,234
|
X
|
|
106,075
|
|
SO
C
|
94,573
|
97,883
|
101,309
|
9
|
109,060
|
X
|
|
97,600
|
101,016
|
104,552
|
109,060
|
X
|
|
100,899
|
104,430
|
108,085
|
109,060
|
X
|
|
104,386
|
108,040
|
111,821
|
109,060
|
X
|
|
108,158
|
111,944
|
115,862
|
112,332
|
X
|
|
SO
D
|
104,838
|
108,507
|
112,305
|
|
109,060
|
Z
|
|
108,201
|
111,988
|
115,908
|
112,332
|
Z
|
|
|
|
|
115,604
|
Z
|
|
111,803
|
115,716
|
119,766
|
118,875
|
-
|
|
115,899
|
119,955
|
124,153
|
122,148
|
Z
|
|
120,334
|
124,546
|
128,905
|
122,148
|
-
|
Table 7: Rates of Pay, Equivalent Grades and Transitional
Arrangements for Maritime Employees Transitioning to Transport for NSW
|
Maritime Grade
|
Maritime Salary
|
Effective
from 1 July 2012
|
Equivalent TfNSW Grade
|
|
|
$
|
$
|
$
|
|
1
|
41,003
|
42,643
|
1
|
|
2
|
44,867
|
46,662
|
|
3
|
52,094
|
54,178
|
|
4
|
54,550
|
56,732
|
|
5
|
58,654
|
6,1000
|
|
6
|
61,421
|
63,878
|
2
|
|
7
|
66,032
|
68,673
|
|
8
|
69,145
|
71,911
|
3
|
|
9
|
74,332
|
77,305
|
4
|
|
10
|
77,840
|
80,954
|
5
|
|
11
|
83,680
|
87,027
|
|
12
|
87,624
|
91,129
|
6
|
|
13
|
94,195
|
97,963
|
7
|
|
14
|
98,627
|
102,572
|
|
15
|
106,021
|
110,262
|
8
|
|
16
|
111,011
|
115,451
|
9
|
|
17
|
119,322
|
124,095
|
NB: All Maritime Employees will transition to TfNSW under Code Z. The Maritime rates above have been discounted
from the enterprise agreement by 0.98668 to account for annual leave loading
which is incorporated in the Maritime rates but paid separately in this Award.
E.
ROBINSON, Industrial Registrar
____________________
Printed by
the authority of the Industrial Registrar.