Landcom Award 2024

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Landcom.

 

(Case No. 342489 of 2024)

 

 

AWARD

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Title

3.        Area, Incidence and Duration

4.        Parties and Coverage

5.        Definitions

6.        Local Arrangements

7.        Dispute Resolution

8.        Consultation

9.        Salaries

10.      Classifications

11.      No Extra Claims

12.      Hours of Work

13.      Agreed Absences

14.      Standard Hours

15.      Part Time Staff Members

16.      Filling Positions

17.      Casual Employment

18.      Recruitment and Selection

19.      Job Evaluation

20.      Salary Sacrifice and Packaging

21.      Payment of Expenses

22.      Higher Duties Allowance

23.      Allowances - General

24.      Excess Travelling Time

25.      Meal Allowances

26.      Use of Private Motor Vehicles

27.      Overseas Travel

28.      First Aid Allowance

29.      Weekend and Public Holiday Allowance

30.      Uniforms, Protective Clothing and their Maintenance

31.      Compensation for Damage to or Loss of Private Property

32.      Overtime

33.      Rates for Payment of Overtime

34.      Rest Periods

35.      Meal Breaks

36.      Compensation for Directed Overtime

37.      Provision of Transport

38.      Leave

39.      Annual Leave

40.      Sick Leave

41.      Sick Leave - Workers’ Compensation

42.      Sick Leave - Other Than Workers’ Compensation

43.      Sick Leave - Requirements for Medical Certificate

44.      Sick leave to Care for a Family Member

45.      Maternity Leave

46.      Parental Leave

47.      Adoption Leave

48.      Family and Community Service Leave

49.      Observance of Essential Religious or Cultural Obligations

50.      Long service Leave

51.      Leave Without Pay

52.      Military Leave

53.      Special Leave

54.      Leave for Matters Arising from Domestic Violence

55.      Staff Development, Training Activities and Study Assistance

56.      Exchanges

57.      Relocation Package

58.      Termination of Employment

59.      Working from Home

60.      Private Employment

61.      Management of Displaced Staff Members

62.      Child Care Arrangements

63.      Performance Management

64.      Unsatisfactory Performance or Misconduct

65.      Anti-Discrimination

66.      Association Activities

67.      Access to Facilities

68.      Right of Entry

69.      Industrial Action

70.      Technological Change

71.      Association Deductions

72.      Public Holidays

73.      Community Language Allowance.   

74.      Flexible Work Practices

75.      Secure Employment

76.      Work Health and Safety

77.      Lactation Breaks

78.      Monetary Rates Table

 

APPENDIX A

 

APPENDIX B - SALARY SCHEDULE

 

2.  Title

 

This award shall be known as the Landcom Award 2024.

 

3.  Area, Incidence and Duration

 

(1)       This award shall apply to all staff members employed by Landcom in accordance with the Act and replaces in full the following:

 

(a)       Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

 

(b)      Crown Employees (Public Sector - Salaries 2024) Award, or any replacement award

 

(c)       Crown Employees (Planning Officers) Award 2021

 

(d)      Any other award, agreement or determination that affected Landcom as a Division of the Department of Planning within the NSW Public Service.

 

(2)       Where there may be inconsistencies between this award and conditions of employment affecting staff of Landcom in previous, or other otherwise applicable, awards or agreements, the arrangements in this award shall prevail.

 

(3)       This award rescinds and replaces the Landcom Award 2022 published 4 August 2023 (394  I.G. 1367) and shall take effect from 1 July 2024 and shall remain in force until 30 June 2027.

 

(4)       This award complies with Section 19 of the Industrial Relations Act 1996.

 

4.  Parties and Coverage

 

(1)       The parties to this award are Landcom and the Public Service Association and Professional Officer’s Association Amalgamated Union of New South Wales.

 

(2)       The provisions of this award shall apply to staff members employed by Landcom.

 

(3)       The provisions of this award shall not apply to senior managers above Level 8 salary point 23, employed on written contracts of employment, other than clauses 38 to 53 inclusive, which deal with various leave entitlements.

 

5.  Definitions

 

"Act" means the Landcom Corporation Act 2001.

 

"Agreement" means an agreement as defined in the Industrial Relations Act 1996.

 

"Approved Course" means a course that is relevant to the employment of the staff member and one that has been approved by the Chief Executive Officer.

 

"Association" means the Public Service Association and the Professional Officer’s Association Amalgamated Union of New South Wales (PSA).

 

"Association Delegate" means an accredited Association delegate responsible for their workplace membership; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association’s Council.

 

"Association Official" means a person who is employed by the Association to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the union for an agreed period of time.

 

"At the convenience of" means the operational requirements permit the staff member’s release from duty or that satisfactory arrangements are able to be made for the performance of the staff member’s duties during the absence.

 

"Award" means an award as defined in the Industrial Relations Act 1996.

 

"Birth" means the birth of a child and includes stillbirth.

 

"Corporation" means Landcom as established by the Act.

 

"Chief Executive Officer" means the Managing Director of Landcom or a person authorised by the Managing Director.

 

"Daily Spread of Hours" means a 12 hour daily spread of hours for working the 35 hour week, which will normally fall between 7.00 am and 7.00 pm.

 

"Domestic Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

 

"Exchange" means an arrangement agreed to by the Chief Executive Officer, the staff member and a public service department, a public sector organisation or a private sector organisation which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of exchange.

 

"Expected date of birth" in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.

 

"Full pay" or "half pay" or "double pay" means the staff member’s ordinary rate of pay or half the ordinary rate of pay or double the ordinary rate of pay respectively.

 

"Full-time position" means a position that is occupied, or if not for being vacant, would be occupied, by a full-time staff member.

 

"Headquarters" means the centre to which a staff member is attached or from which a staff member is required to operate on a long-term basis.

 

"Industrial action" means industrial action as defined in the Industrial Relations Act 1996.

 

"Local holiday" means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

 

"Long service leave" means long service (previously "extended") leave to which a staff member is entitled under the provisions of this award.

 

"Normal work", for the purposes of clause 7, Dispute Resolution, of this award, means the work carried out in accordance with the staff member’s position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.

 

"Official overseas travel" means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.

 

"On duty" means the time required to be worked for the Corporation.

 

"Overtime" means all time worked outside the Daily Spread of Hours applicable to a staff member working pursuant to the provisions of clause 12, Hours of Work, whether before or after the commencing and finishing times of the Daily Spread of Hours, at the direction of the Chief Executive Officer.  "Overtime" also means all time worked outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 14, Standard Hours, whether before or after the commencing and finishing times of the set hours, at the direction of the Chief Executive Officer.

 

"Part-time entitlement", unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time work arrangement.

 

"Part-time hours" means the hours that are less than the 35 hours per week that constitute full-time work under this award.

 

"Part-time position" means a designated part-time position and, unless otherwise specified, includes any position that is filled on a part-time basis.

 

"Part-time staff member" means a staff member whose ordinary hours of duty are specified as part-time and whose weekly hours of work are less than the 35 hours per week required of full-time staff members.

 

"Public holiday" means a bank or public holiday under the Banks and Bank Holidays Act 1912, but does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

 

"Recall to duty" means those occasions when a staff member is directed to return to duty outside the staff member’s Daily Spread of Hours in the case of a staff member working pursuant to the provisions of clause 12, Hours of Work, or outside the staff member’s set hours in the case of a staff member working pursuant to the provisions of clause 14, Standard Hours.

 

"Residence", in relation to a staff member, means the ordinary and permanent place of abode of the staff member.

 

"Short leave" means the leave which was available to be granted to staff members in the case of pressing necessity that was replaced by the family and community service leave from 20 September 1994.

 

"Staff member" means an employee, including a casual, temporary or term employee, of Landcom and, unless otherwise specified in this award, includes both full-time and part-time staff members.

 

"Standby" means an instruction given by the Chief Executive Officer to a staff member to be available for immediate contact in case of a recall to duty.

 

"Study leave" means the justification for courses at any level or for study tours during which financial assistance may be approved by the Chief Executive Officer.

 

"Study time" means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course, generally to a maximum of four hours per week during semester or term period.

 

"Supervisor" means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Chief Executive Officer to fulfil the role of a supervisor or manager, other than a person engaged as a consultant or contractor.

 

"Temporary work location" means the place at or from which a staff member temporarily performs Landcom work if required to work away from headquarters.

 

"Use of private motor vehicle casual rate" means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the Chief Executive Officer for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.

 

"Use of private motor vehicle official business rate" means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the Chief Executive Officer and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

 

"Workplace" means the whole of Landcom or, as the case may be, a branch or section of the Corporation in which the staff member is employed.

 

"Workplace management" means the Chief Executive Officer or any other person authorised by the Chief Executive Officer to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of Landcom or part of the Corporation.

 

6.  Local Arrangements

 

(1)       Local arrangements may be negotiated between the Chief Executive Officer and the Association in respect of the whole, or part(s), of Landcom.

 

(2)       All local arrangements negotiated between the Chief Executive Officer and the Association shall be contained in a formal document such as, but not limited to, a co-lateral agreement, exchange of letters, or a memorandum of understanding.

 

7.  Dispute Resolution

 

(1)       Subject to the provisions of the Industrial Relations Act 1996, all grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within Landcom, if required.

 

(2)       A staff member is required to notify, preferably in writing, their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(3)       Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, the Chief Executive Officer or delegate.

 

(4)       The immediate supervisor or other appropriate manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

(5)       If the matter remains unresolved with the immediate supervisor or manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter.  This supervisor or manager shall respond within two working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the appropriate General Manager or their nominated representative.

 

(6)       If the matter remains unresolved, the General Manager or their nominated representative shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

(7)       A staff member may, at any stage of these procedures, request to be represented by the Association and Landcom will agree to such request.

 

(8)       Should the matter not be resolved within a reasonable time, any of the parties may refer it to the New South Wales Industrial Relations Commission for settlement.  The staff member, Association and Landcom shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

Whilst the procedures outlined in subclauses (1) to (8) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in a case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any Landcom staff member or member of the public.

 

For the purposes of this clause, a "General Manager" is a Landcom manager reporting directly to the Chief Executive Officer.

 

8.  Consultation

 

(1)       There shall be effective means of consultation on matters of mutual interest and concern, both formal and informal, between Landcom management and the Association.

 

(2)       The parties to this Award will establish a Consultative Working Party.  This Working Party shall generally act to oversee and assist implementation of this Award.  The Consultative Working Party shall consist of both Landcom and Association representatives, to be nominated by the respective parties, to the following maximum numbers:

 

Landcom representatives	3
Association representatives	3

 

Either party may have additional representatives attend on their behalf following reasonable notice being given to the other party of such a requirement.

 

(3)       The Consultative Working Party shall meet within one month of the making of this Award and thereafter every three months, or as otherwise agreed between the parties.

 

(4)       The Consultative Working Party may form Working Groups to examine specific issues for report back to the Working Party.

 

9.  Salaries

 

(a)       All Staff Members will be paid in accordance with the salary structures and rates set out in this Award.

 

(b)       The Corporation shall pay salaries and other moneys to staff members on a fortnightly basis into a nominated account.

 

(c)       Salaries shall include annual leave loading.

 

10.  Classifications

 

(1)       The Salaries Schedule at Appendix B of this award contains a single Landcom Officer classification, divided into the three categories of Officer, Management and Senior Management.

 

(2)       All staff members shall have titles reflect their functional responsibility as determined from time to time by the Corporation.

 

(3)       Senior Management Category

 

(a)       The inclusion of positions in the Senior Management Category shall be at the discretion of the Chief Executive Officer of the Corporation.

 

(b)      Staff members appointed by the Chief Executive Officer to positions in the Senior Management Category shall require either one or more of the following:

 

(i)       a degree qualification;

 

(ii)      a qualification deemed to be equivalent,

 

(iii)     an accredited property related qualification as well as demonstrated expertise and experience developed from a range of property disciplines and backgrounds such as, but not limited to, engineering, surveying, valuing, real estate, land economics, and architecture;

 

(iv)     equivalent demonstrated successful work experience;

 

(c)       Positions identified by the Corporation as having special requirements may not require the staff member appointed to have a degree qualification.

 

(d)      The Corporation shall from time to time undertake a formal review of positions included in the Senior Management classification to ensure the Corporation’s needs are met.

 

11.  No Extra Claims

 

The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996, there will be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to the nominal expiry of the Award unilaterally made by a party to this Award unless otherwise agreed by the parties.

 

This undertaking does not prevent the Parties from continuing collaborative discussions during the life of the Award to deliver additional enhancements to remuneration and/or conditions of employment, and to achieve additional industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public. Changes to conditions or salaries may be jointly progressed and, if agreed, an application to vary the Award may be made by consent prior to the nominal expiry of the Award.

 

12.  Hours of Work

 

(1)       Notionally, staff members will work a 35 hour week, to be worked over a minimum of 5 days on any of the 7 days of the week.

 

(2)       The normal working week shall be Monday to Friday, with standard office hours from 9.00 am to 5.00 pm.

 

(3)       The 12 hour daily spread of hours for working the 35 hour week will normally fall between 7.00 am and 7.00 pm (Daily Spread of Hours), unless otherwise agreed.  Where staff members are directed to work outside the Daily Spread of Hours applicable to them, overtime provisions shall apply.

 

(4)       Staff members must reach agreement with their supervisor regarding hours of work, with such agreement able to include provisions to move the Daily Spread of Hours applicable to each staff member to start or finish outside the usual times of 7.00 am and 7.00 pm respectively.

 

(5)       Agreements between staff members and supervisors will be aimed at achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member within the Landcom Performance Management System.

 

(6)       Staff members shall record their times of attendance when working in, or from, a Landcom Office.  Landcom Offices include, but are not limited to, Regional, Project, Joint Venture and Sales Offices.

 

(7)       Staff members shall record the time spent on Landcom work when working under a Working from Home agreement.

 

(8)       The manner of attendance and/or work recording shall be as decided by Landcom.

 

(9)       Staff members may take a break of 10 minutes in the morning and afternoon, provided that dealings with the public are not affected, and a meal break of no less than 30 minutes must be taken no later than 5 hours after commencing continuous work.

 

(10)     A staff member may be required to perform duty beyond the hours determined under this clause but only if it is reasonable for the staff member to be required to do so.  A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

(a)       the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

 

(b)      any risk to staff member health and safety,

 

(c)       the urgency of the work required to be performed during additional hours, the impact on the operational commitments of Landcom and the effect on client services,

 

(d)      the notice (if any) given by Landcom regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours, or

 

(e)       any other relevant matter.

 

13.  Agreed Absences

 

(1)       All staff members covered by this Award shall be entitled to one paid day off per calendar month (except those staff members working standard hours).

 

(2)       Each staff member and their supervisor shall agree on the day the staff member is to be absent from work pursuant to this clause.

 

(3)       To meet Landcom business requirements, a paid day off may be postponed for one or more months.  The taking of postponed paid days off is a matter for local arrangement between the staff member and their supervisor.

 

(4)       Subject to agreement between the staff member and their supervisor, up to five paid days off may be conserved by a staff member each calendar year, subject to the following conditions:

 

(a)       the conserved paid days off may be taken during the calendar year, subject to arrangement with the supervisor; or

 

(b)      up to five paid days off may be "cashed in" during the calendar year at the staff member’s option at the staff member’s ordinary salary rate; or

 

(c)       any balance of conserved paid days off as at 31 December in each year shall be "cashed in".

 

(5)       Conserved paid days off in excess of five will be forfeit.

 

(6)       A staff member may accrue their entitlement to Agreed Absences while they are on leave for a continuous period of up to two calendar months (excluding sick leave).  If the period of leave exceeds two calendar months (excluding sick leave), the staff member will cease to accrue their entitlement to Agreed Absences until such time as they return to duty. 

 

14.  Standard Hours

 

(1)       Standard hours are set hours of work commencing at 9.00 am and concluding at 5.00 pm inclusive of one hour set aside for a meal break.

 

(2)       The Chief Executive Officer may direct that standard hours, or restrictions to the work arrangements set out in clause 12, Hours of Work, be worked in particular circumstances.  These circumstances may include, but are not limited to:

 

(a)       where the operational requirements of Landcom, or a particular part of the Corporation, cannot accommodate the flexibilities of clause 12, Hours of Work, or

 

(b)      remedial action in respect of a staff member is being taken where the staff member has been found to have deliberately and persistently failed to meet the requirement to work 35 hours per week or otherwise abused the work arrangements set out in clause 12, Hours of Work.

 

15.  Part Time Staff Members

 

(1)       Where appropriate, the provisions of clauses 12, Hours of Work, 13, Agreed Absences and 14, Standard Hours, of this award shall apply to part-time staff members on a pro-rata basis.

 

(2)       Part-time work is permanent, temporary or term employment and part-time employees work less hours than full-time employees and receive all the entitlements of fulltime employees on a proportional basis.

 

(3)       Staff members may request to have applications considered to work part-time under this award.

 

(4)       Staff members working part time must complete a part time work agreement (PTWA) with their supervisor.

 

(5)       The PTWA must be in writing signed by the staff member and the supervisor and must include:

 

(a)       the hours and days to be worked;

 

(b)      the starting and finishing times of each work day, if a Standard Hours arrangement is to be worked;

 

(c)       the classification of the staff member; and

 

(d)      the right (if any) for the staff member to return to full time work.

 

(6)       The maximum number of weekly hours under the PTWA must be less than the full-time requirement of 35 hours per week in this award.

 

(7)       The part-time staff member must be paid the same ordinary hourly rate as similarly classified full-time staff member under this award.

 

(8)       Hours worked that fall outside the ordinary daily hours agreed to, shall be paid at the ordinary time rate, unless such hours would attract payment at overtime rates for a full-time staff member.

 

(9)       A PTWA can be changed by making a new written agreement between the staff member and supervisor.

 

16.  Filling Positions

 

(1)       The Chief Executive Officer shall determine the most appropriate method of filling vacant or temporarily created positions in Landcom that best meets the requirements of the Corporation.  Positions may be created and filled as:

 

(a)       Permanent: a position created on the Landcom staff establishment on a full time or part time basis.

 

(b)      Temporary or Term: a position created on the Landcom staff establishment on a full time or part time basis as a temporary position to meet an identified need for a specified period.

 

(i)       Temporary positions will be the same as permanent positions in terms of the operation and entitlements of this award.  A temporary position may be identical to a permanent position but only required for a specified period of time to meet a Corporation business need or it may be created for the term of a specific project.  At the expiration of the period, unless extended beforehand, the period of temporary employment will come to a conclusion.

 

(ii)      Term positions will be the same as permanent positions in terms of the operation and entitlements of this award, however they do not need to be the same as a permanent position in terms of work requirements.  The positions may specify certain conditions unique to the position such as the requirement to work standard hours, weekend work, complete a specific project, work in a joint venture arrangement, receive special remuneration or any other particular Corporation need.  Such positions will normally be created for a specific period of time and at the expiration of the period, unless extended beforehand, the period of term employment arrangement will come to a conclusion.

 

(c)       Casual: a position created on the Landcom staff establishment on a full time or part time basis according to the provisions of clause 17, Casual Employment, of this Award.  A casual position shall be filled by a staff member employed to undertake work on an hourly basis to carry out work that is irregular, intermittent, short term, urgent or arising from an emergency.

 

(2)       Landcom may also fill positions by any other arrangement that meets the operational business and commercial needs of Landcom.

 

17.  Casual Employment

 

(1)       Hours of Work

 

(a)       A casual employee is engaged and paid on an hourly basis.

 

(b)      A casual employee will be engaged or paid for a minimum of 3 consecutive hours for each day worked.

 

(c)       A casual employee shall not work more than 8 (eight) consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 8 hours.

 

(2)       Rate of Pay

 

(a)       Casual employees shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

 

Annual salary divided by 26.08929 divided by ordinary fortnightly hours for the classification

 

(b)      Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay, of:

 

15 percent for work performed on Mondays to Fridays (inclusive),

 

50 percent for work performed on Saturdays,

 

75 percent for work performed on Sundays,

 

150 percent for work performed on public holidays.

 

(c)       Casual employees shall also receive a 1/12th of the ordinary hourly rate of pay additional payment in lieu of annual leave and annual leave loading.

 

(d)      The loadings specified in subclause (2)(b) of this clause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave, and all incidences of employment, except overtime.

 

(3)       Overtime

 

(a)       Casual employees shall be paid overtime for work performed in excess of 8 (eight) consecutive hours (excluding meal breaks).

 

(b)      Overtime will be paid in accordance with the rates set in clause 33, Rates of Payment of Overtime, of this Award.

 

(c)       Overtime payments for casual employees are based on the ordinary hourly rate plus the 15 percent loading set out in subclause (2)(b) of this clause.

 

(d)      The additional payment in lieu of annual leave as set out in subclause (2)(c) of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

(4)       Leave

 

(a)       Except as provided under this clause, casual employees are not entitled to any other paid or unpaid leave.

 

(b)      As set out in subclause (2)(c) of this clause, casual employees will be paid a 1/12th of the ordinary hourly rate of pay additional payment in lieu of annual leave.

 

(c)       Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.

 

(d)      Casual employees are entitled to unpaid parental leave in accordance with Appendix A.

 

(e)       Personal Carers entitlement for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in subclause 44(4) of this Award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out below in (f)(i) or (f)(ii), and the notice requirements set out in (f)(iii).

 

(ii)      The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)     A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of Landcom to engage or not to engage a casual employee are otherwise not affected.

 

(f)       The casual employee shall, if required,

 

(i)       Establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(ii)      Establish by production of documentation acceptable to Landcom or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

 

(iii)     The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform Landcom of their inability to attend for duty.  If it is not reasonably practicable to inform Landcom during the ordinary hours of the first day or shift of such absence, the employee will inform Landcom within 24 hours of the absence.

 

(g)      Bereavement entitlements for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by Landcom).

 

(ii)      The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)     A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of Landcom to engage or not engage a casual employee are otherwise not affected.

 

(iv)     The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day of shift of such absence, inform Landcom of their inability to attend for duty. If it is not reasonably practicable to inform Landcom during the ordinary hours of the first day or shift of such absence, the employee will inform Landcom within 24 hours of the absence.

 

(5)       Application of other clauses of this Award to Casual Employees

 

The following clauses of this Award do not apply to casual employees:

 

12.  Hours of Work

 

13.  Agreed Absences

 

14.  Standard Hours

 

20.  Salary Sacrifice and Packaging for other than superannuation contributions

 

24.  Excess Travelling Time

 

27.  Overseas Travel

 

32.  Overtime

 

34.  (3) and (4) Rest Periods concerning Recall to Duty and On Call (Standby)

 

36.  Compensation for Directed Overtime

 

40.  to 44 (inclusively) relating to various leave provisions

 

55.  Exchanges

 

56.  Relocation Package

 

57.  Termination of Employment

 

58.  Working from Home

 

60.  Management of Displaced Staff Members

 

62.  Performance Management

 

63.  Unsatisfactory Performance or Misconduct

 

65.  Association Activities

 

66.  Access to Facilities

 

71.  Public Holidays

 

18.  Recruitment and Selection

 

(1)       Filling Vacancies

 

(a)       Where a position becomes vacant, Landcom will advertise and fill the position through a process of merit selection.

 

(b)      The Chief Executive Officer may dispense with the requirement to advertise a vacancy if an appointment can be made from eligible staff within the Corporation.

 

(c)       Unless otherwise determined by the Chief Executive Officer, a selection committee shall be established to assess the merit of applicants for appointment to a vacant position and to make recommendations to the Chief Executive Officer on the most meritorious applicant.

 

(d)      Nothing in paragraph (c) requires the Chief Executive Officer to adopt any recommendation made by the selection committee in relation to the filling of a vacancy.

 

(e)       Prior to a staff member commencing duty with Landcom, written certification concerning the state of health of the staff member must be completed, by the staff member, to the satisfaction of the Chief Executive Officer.

 

(2)       Eligibility Lists

 

(a)       Where interviews have been held for a vacant position, the selection committee will establish an eligibility list of candidates ranked in order of merit, who if it were not for the selected candidate, would be recommended for the position.

 

(b)      The eligibility list is effective for up to six months from the date of approval in respect of the advertised vacancy and may be used to fill identical or similar vacant positions not mentioned in the original advertisement.

 

(c)       The Chief Executive Officer may elect to use an eligibility list to fill a position, require a new selection process to be undertaken, or take any other administrative action in relation to a vacancy.

 

(3)       Appointment and Rates of Pay

 

(a)       The Chief Executive Officer may appoint a successful applicant to any salary within a salary Level in Appendix B to this award.

 

(b)      In determining commencing salary regard shall be had to:

 

(i)       the person's skills, experience and qualifications;

 

(ii)      the rate required to attract the person; and

 

(iii)     the remuneration of existing staff members performing similar work.

 

(c)       A successful applicant shall receive a letter of offer of employment that will form part of the employment contract with Landcom.

 

(d)      The letter of offer of employment shall cover such matters as commencing salary rate, any salary increments and, if applicable, probationary period, the term of employment and requirement to work standard hours for specified positions.

 

(4)       Probation

 

(a)       All new appointments shall serve a minimum probationary period of six months.

 

(b)      The Chief Executive Officer may dispense with the requirement for a probationary period; extend the probation up to a maximum of two years; or annul the appointment of a person during a period of probation.

 

19.  Job Evaluation

 

The Chief Executive Officer shall classify and grade positions using government accredited job evaluation methodology.

 

20.  Salary Sacrifice and Packaging

 

(1)       Salary Sacrifice - General

 

The Chief Executive Officer may enter into agreements with staff members for salary sacrifice for superannuation and/or other agreed benefits, including a novated leased motor vehicle, to a maximum of one hundred (100) percent of the salary payable or one hundred (100) percent of the current applicable superannuable salary within NSW Government policy and the Landcom Salary Sacrificing and Motor Vehicle Policy (as amended from time to time) and powers of the State Owned Corporations Act and the Landcom Corporation Act.

 

(2)       Salary Sacrifice - Superannuation

 

(a)       A staff member may elect, subject to the agreement of the Corporation, to sacrifice a portion of the salary payable to additional superannuation contributions in excess of contributions made by Landcom under relevant legislation. Such election must be made prior to the commencement of the period of service to which the salary payments relate. The amount of salary sacrificed for all purposes must not exceed one hundred (100) percent of the salary payable or one hundred (100) percent of the current applicable superannuable salary, whichever is the lesser.  In this clause "superannuable salary" means the staff member’s salary as notified from time to time, to the NSW public sector superannuation trustee corporations.

 

(b)      Where the staff member has elected to sacrifice a portion of salary to additional superannuation contributions:

 

(i)       subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion, and

 

(ii)      any allowance, penalty rate, payment for unused entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which a staff member is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to a staff member’s salary, shall be calculated by reference to the salary which would have applied to the staff member in the absence of any salary sacrifice to superannuation made under this award.

 

(c)       The staff member may elect to have the portion of salary which is sacrificed to additional superannuation contributions:

 

(i)       Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employee contributions, or

 

(ii)      Subject to Landcom’s agreement, paid into a private sector complying superannuation scheme as employee superannuation contributions.

 

(d)      Where a staff member elects to salary sacrifice in terms of subclause (c) above, Landcom will pay the sacrificed amount into the relevant superannuation fund.

 

(e)       Where the staff member is a member of a superannuation scheme established under:

 

The Police Regulation (Superannuation) Act 1906;

 

The Superannuation Act 1916;

 

The State Authorities (Superannuation) Act 1987;

 

The State Authorities Non-contributory Superannuation Act 1987; or

 

The First State Superannuation Act 1992.

 

Landcom must ensure that the amount of any additional employee superannuation contributions specified in subclause (a) above is included in the staff member’s superannuable salary which is notified to the NSW public sector superannuation trustee corporations.

 

(f)       Where, prior to electing to sacrifice a portion of their salary to superannuation, a staff member had entered into an agreement with Landcom to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause (e) above, Landcom will continue to base contributions to that fund on the salary payable to the same extent as applied before the staff member sacrificed portion of that salary to superannuation.  This subclause applies even though the superannuation contributions made by Landcom may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

21.  Payment of Expenses

 

(1)       Landcom shall meet any expenses, including those relating to official travel and associated expenses, actually and necessarily incurred by a staff member within the guidelines set by management when undertaking approved official business (either in advance or as a reimbursement).

 

(2)       Payment of any actual expenses shall be subject to the production of receipts, unless the Chief Executive Officer is prepared to accept other evidence from the staff member.  As applicable, receipts shall be produced in accordance with Australian Tax Office requirements

 

22.  Higher Duties Allowance

 

Staff members directed to perform the duties of a higher position shall be paid an allowance as determined by the Chief Executive Officer in accordance with the Landcom Higher Duties Allowance Policy.

 

23.  Allowances - General

 

The allowances payable under this award shall be reviewed as follows:

 

(1)       Allowances listed in this paragraph will be determined at a level consistent with the reasonable allowances amounts for the appropriate income year as published by the Australian Taxation Office (ATO):

 

(a)       Subclause 35(4) Overtime meal allowances; and

 

(b)      Subclause 26(3) Use of private motor vehicles during work related duties.

 

(2)       Allowances payable in terms of clauses listed in this paragraph shall be subject to a percentage increase pursuant to clause 11, Salary Increases:

 

(a)       Subclause 28(1) First Aid Allowance

 

(b)      Subclause 34(4) Rest Periods (On call (Standby) Allowance);

 

(c)       Clause 73 Community Language Allowance; and

 

(d)      Subclause 29(1) & 29(2) Weekend and Public Holiday Allowance.

 

24.  Excess Travelling Time

 

(1)       A staff member directed by the Chief Executive Officer to travel on official business outside the usual hours of duty is entitled to be compensated for such time either by:

 

(a)       payment calculated in accordance with the provisions contained in this clause; or

 

(b)      if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.

 

(2)       Compensation under paragraphs (a) or (b) of subclause (1) of this clause, shall be made, subject to the following conditions:

 

(a)       excess travelling time on a non-working day shall be all time spent travelling on official business;

 

(b)      excess travelling time on a working day shall be, subject to the provisions of subclause (5) of this subclause, all additional time spent travelling before or after the staff member’s usual hours of duty.

 

(c)       the period for which compensation is being sought is more than a half an hour on any one day.

 

(3)       No compensation for travelling time shall be given in respect of travel between 11.00 pm on any one day and 7.30 am on the following day, where the staff member has travelled overnight and sleeping facilities have been provided for the staff member.

 

(4)       Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

(5)       Travelling time shall not include the time:

 

(a)       normally taken for the periodic journey from home to headquarters and return;

 

(b)      on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

 

(c)       on board a ship or aircraft.

 

(d)      spent travelling overseas on official business.

 

(6)       Waiting Time

 

When a staff member is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the usual hours of duty, such waiting time shall be treated and compensated in the same manner as excess travelling time.

 

(7)       Payment

 

(a)       Payment for travelling time calculated in terms of this clause shall be at the staff member’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary	x	5	x	1
1		260.89		Usual hours of work

 

(b)      The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

(c)       Staff members whose salary, pursuant to Appendix B to this award, is in excess of the rate for Landcom Officer, Level 4 Salary Point 12 shall be paid travelling time or waiting time calculated at the rate for Landcom Officer, Level 4 Salary Point 12 plus $1.00 per annum, as adjusted from time to time.

 

(d)      Time off in lieu or payment for excess travelling time or waiting time will not granted or made for more than eight hours in any period of 24 consecutive hours.

 

25.  Meal Allowances

 

(1)       A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for:

 

breakfast when required to commence travel at or before 6.00 am; and/or

 

an evening meal when required to travel until or beyond 6.30 pm.

 

In such instances, the staff member shall be paid the amount equivalent to the expense incurred or the allowance specified for breakfast or an evening meal in the prevailing ATO ruling, whichever is the lesser.

 

(2)       A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual additional expenses properly and reasonably incurred in accordance with Landcom guidelines for:

 

lunch, when unable to take lunch at the place at which, or the manner in which, the staff member ordinarily takes lunch and, as a result, incurs additional expense for lunch.

 

In such instances, the staff member shall be paid the amount equivalent to the additional expense incurred or the allowance specified for lunch in the prevailing ATO ruling, whichever is the lesser.

 

26.  Use of Private Motor Vehicles

 

(1)       The Chief Executive Officer may authorise a staff member to use a private motor vehicle for work where:

 

(a)       such use will result in greater efficiency or involve the Corporation in less expense than if travel were undertaken by other means; or

 

(b)      where the staff member is unable to use other means of transport due to a disability.

 

As defined in clause 5 Definitions of this award, there shall be two classes of allowance payable for the use of a private motor vehicle for work. The appropriate rate of allowance shall be paid depending on the circumstances and the purpose for which the vehicle is used. 

 

(2)       The staff member must have in force in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Chief Executive Officer.

 

(3)       A staff member who, with the approval of the Chief Executive Officer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in the prevailing ATO ruling for the use of such private motor vehicle.

 

(4)       Where a private vehicle is damaged while being used for work any normal excess insurance charges prescribed by the insurer shall be reimbursed by the Corporation, provided:

 

(a)       the damage is not due to gross negligence by the staff member; and

 

(b)      the charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.

 

(5)       Provided the damage is not the fault of the staff member, the Corporation shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:

 

(a)       the damage was sustained on approved work activities; and

 

(b)      the costs cannot be met under the insurance policy due to excess clauses.

 

(6)       Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member’s residence and headquarters.

 

27.  Overseas Travel

 

Unless the Chief Executive Officer determines that a staff member shall be paid travelling rates especially determined for the occasion, a staff member who is required by the Corporation to travel overseas on official business, shall be paid the travelling rates determined by the Australian Public Service and published by the Australian Government Publishing Service from time to time.

 

28.  First Aid Allowance

 

(1)       A staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such staff member as specified at Item 1 of the Monetary Rates Table of clause 78, of this award.

 

(2)       The First Aid Allowance shall not be paid during long service leave or any other continuous period of leave that exceeds four weeks.

 

(3)       When the First Aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First Aid Officer’s position, such staff member shall be paid a first aid allowance for assuming the duties of a First Aid Officer.

 

29.  Weekend and Public Holiday Allowance

 

(1)       The Sales Representatives working three out of four weekends, on average, shall be entitled to an allowance as specified at Item 4 of the Monetary Rates Table of clause 78, of this award as compensation for weekend work, public holidays, out of hours duty, being on call, and duty undertaken after being "called" for duty.

 

(2)       The Sales Information Officers working two out of four weekends, on average, shall be entitled to an allowance as specified at Item 4 of the Monetary Rates Table, of this award as compensation for weekend work, public holidays, out of hours duty, being on call, and duty undertaken after being "called" for duty.

 

(3)       The annual allowance is an all-inclusive addition to salary which represents compensation for all incidences of employment.

 

(4)       Notwithstanding provisions contained elsewhere in this Award, the Sales Representatives shall be paid at the appropriate "casual rate" when using private motor vehicles for work.

 

30.  Uniforms, Protective Clothing and their Maintenance

 

(1)       A staff member who is required and authorised by the Chief Executive Officer to wear a uniform, protective clothing or other specialised clothing in connection with the performance of official duties shall be provided by the Corporation with such clothing.

 

(2)       Where the approved uniform, protective clothing or other specialised clothing is provided by the staff member, such staff member shall be reimbursed the cost of the uniform, protective clothing or other specialised clothing in accordance with Landcom guidelines.

 

(a)       Staff members shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for laundering and maintaining uniforms or protective clothing.

 

31.  Compensation for Damage to or Loss of Private Property

 

(1)       Where damage to, or loss of, a staff member’s private property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the Corporation covering the damage to or loss of the personal property of the staff member.

 

(2)       If a claim under subclause (1) of this clause is rejected by the insurer, the Chief Executive Officer may compensate a staff member for the damage to, or loss of, private property, if such damage or loss:

 

(a)       is due to the negligence of the Corporation, another staff member, or both, in the performance of their duties; or

 

(b)      is caused by a defect in a staff member’s material or equipment; or

 

(c)       results from a staff member’s protection of or attempt to protect the Corporation’s property from loss or damage.

 

(3)       Compensation in terms of subclause (2) of this clause shall be limited to the amount necessary to repair the damaged item.

 

(4)       Where the item cannot be repaired or is lost, the Chief Executive Officer may pay the cost of a replacement item, provided the item is identical to, or only marginally different from, the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

 

(5)       For the purpose of this clause, personal property means a staff member’s clothes, spectacles, hearing aid, tools of trade or similar items that are ordinarily required for the performance of the staff member’s duties.

 

(6)       Compensation for the damage sustained shall be made by the Corporation where, in the course of work, clothing or items such as spectacles and hearing aids are damaged or destroyed by natural disasters or by theft or vandalism.

 

32.  Overtime

 

(1)       General

 

(a)       A staff member may be directed to work overtime, provided it is reasonable for the staff member to be required to do so.  A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

(i)       the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

 

(ii)      any risk to staff member health and safety,

 

(iii)     the urgency of the work required to be performed during overtime, the impact on the operational commitments of Landcom and the effect on client services,

 

(iv)     the notice (if any) given by Landcom regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or

 

(v)       any other relevant matter.

 

(b)      Payment for overtime shall be made only where the staff member works directed overtime.

 

(c)       Directed overtime is all time worked, at the direction of the Chief Executive Officer:

 

(i)       Outside the Daily Spread of Hours applicable to a staff member working pursuant to the provisions of clause 12, Hours of Work, whether before or after the commencing and finishing times of the Daily Spread of Hours; and/or

 

(ii)      Outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 14, Standard Hours, whether before or after the commencing and finishing times of the set hours; and/or on a Saturday, Sunday or Public Holiday.

 

(2)       Application

 

The provisions of this clause shall not apply to:

 

(a)       staff members covered by formal local arrangements in respect of overtime negotiated between the Chief Executive Officer and the Association; or

 

(b)      staff members whose salary includes compensation for overtime; or

 

(c)       staff members who receive an allowance in lieu of overtime.

 

33.  Rates for Payment of Overtime

 

(1)       On weekdays (Monday to Friday inclusive) directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter, unless local arrangements negotiated in terms of clause 6 the Local Arrangements apply.

 

(2)       On Saturdays directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

(3)       On Sundays directed overtime is paid at the rate of double time.

 

(4)       On Public holidays directed overtime is paid at the rate of double time and one half.

 

(5)       If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member’s control.

 

(6)       A staff member who works directed overtime on a Saturday, Sunday or public holiday, shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(7)       Limit on amount of overtime paid to staff members

 

A staff member whose salary, pursuant to Appendix B of this award, or salary and allowance in the nature of salary, exceeds the annual salary for a Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00, shall be paid for working directed overtime at the rate for Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00 annually.

 

(8)       Calculation of Overtime

 

(a)       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 staff members employed on a five (5) day basis shall be:

 

Annual salary	x	5	x	1
1		260.89		No of ordinary hours of work per week

 

(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 1.5, 2 or 2.5, respectively, calculated to the nearest cent.

 

(d)      Overtime is not payable for time spent travelling.

 

34.  Rest Periods

 

(1)       A staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(2)       Where a staff member, at the direction of Landcom, resumes or continues work without having had eight (8) consecutive hours off duty then such staff member shall be paid at the appropriate overtime rate until released from duty.  The staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(3)       Recall to Duty

 

(a)       A staff member recalled to work overtime after leaving the premises of Landcom shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

 

(b)      The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

 

(c)       When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater.  Such time shall be calculated as one continuous period.

 

(d)      When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

 

(e)       A recall to duty commences when the staff member starts work and terminates when the work is completed.  A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

(f)       A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

(g)      This subclause shall not apply in cases where it is customary for a staff member to return to the Corporation’s premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty.  Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

 

(4)       On call (Standby)

 

A staff member shall be paid the on call allowance as specified at Item 2 of the Monetary Rates Table of this award when directed by the Corporation to be on call outside the staff member's working hours pursuant to the provisions of clauses 12, Hours of Work and 14, Standard Hours, of this award.

 

35.  Meal Breaks

 

(1)       Staff members working pursuant to the provisions of clause 14, Standard Hours, of this award and who are required to work overtime on weekdays for an hour and a half or more after the staff member’s standard hours of duty, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.

 

(2)       Staff members working pursuant to the provisions of clause 12, Hours of Work, of this award and who are required to work overtime on weekdays beyond the conclusion of the daily bandwidth applicable to them, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.

 

(3)       Any staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

(4)       Meal Allowances

 

(a)       If an adequate meal was not provided by the Corporation, a meal allowance shall be paid by the Corporation for meals taken during the meal breaks available pursuant to this award, provided the Chief Executive Officer is satisfied that:

 

(i)       the time worked is directed overtime;

 

(ii)      the staff member properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

(iii)     where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

 

(iv)     overtime is not being paid in respect of the time taken for a meal break.

 

(b)      The amount of the meal allowance shall be at the rate specified in the prevailing ATO ruling.

 

(c)       Where a meal was not purchased, payment of a meal allowance shall not be made.

 

(d)      Where a meal allowance payable under this clause is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the Chief Executive Officer shall approve payment of the actual expenses incurred.

 

(e)       Receipts shall be provided to the Chief Executive Officer in support of any claims for additional expenses or when the staff member is required to substantiate the claim.

 

(f)       Notwithstanding the above provisions, nothing in this clause shall prevent the Chief Executive Officer and the Association from negotiating different meal provisions under a local arrangement.

 

36.  Compensation for Directed Overtime

 

(1)       The Chief Executive Officer shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance this clause.

 

(2)       Leave in Lieu of Payment

 

(a)       A staff member who works directed overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of directed overtime worked.

 

(b)      The following conditions shall apply to the leave in lieu:

 

(i)       the staff member shall advise the supervisor before the overtime is worked, or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

 

(ii)      the leave in lieu shall be calculated at the same rate as would have applied to the payment of overtime in terms of clause 33, Rates of Pay of Overtime, of this award.

 

(iii)     the leave in lieu must be taken at the convenience of the Corporation, except when leave in lieu is being taken to look after a sick family member;

 

(iv)     the leave in lieu shall be taken in hours;

 

(v)       leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by the Corporation and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the Chief Executive Officer and the Association;

 

(vi)     at the staff member’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and

 

(vii)    a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

(3)       Landcom has the right to determine the form of compensation granted where a staff member has accrued an annual leave balance of more than 30 days at the time of the staff member's claim for compensation for directed overtime.

 

37.  Provision of Transport

 

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that staff members can use public transport or other normal means of transport to and from work.

 

For the purpose of this clause, departure or arrival after 8.00 pm will determine whether the provisions of this clause apply.

 

Departure or arrival after 8.00 pm of a staff member on overtime or a regular or rotating shift roster, does not in itself warrant the provision of transport.  It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk.  Where it is so demonstrated, arrangements may be made for transport home of the staff member to be provided by way of a taxi.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above, rests with the local management of the Corporation where knowledge of each particular situation will enable appropriate judgements to be made.

 

38.  Leave

 

(1)       General

 

(a)       The provisions contained in this clause apply to all staff members other than those to whom a local arrangement negotiated between the Chief Executive Officer and the Association in terms of the Local Arrangements provisions of this award.

 

(b)      Unless otherwise specified, part-time staff members will receive the conditions of this clause on a pro rata basis, calculated according to the number of hours worked per week.

 

(c)       A temporary or term staff member employed by the Corporation is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment with the Corporation, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

 

(d)      Where paid and unpaid leave available to be granted under this award are combined, paid leave shall be taken before unpaid leave.

 

(2)       Absence from Work

 

(a)       A staff member must not be absent from work unless reasonable cause is shown.

 

(b)      If a staff member is to be absent from duty because of illness or other emergency, the staff member shall notify, or arrange for another person to notify, the supervisor as soon as possible of the staff member’s absence and the reason for the absence.

 

(c)       If a satisfactory explanation for the absence is not provided, the staff member will be regarded as absent from duty without authorised leave and the Chief Executive Officer shall cause to be deducted from the pay of the staff member the amount equivalent to the period of the absence.

 

(d)      The minimum period of leave available to be granted shall be one hour in a 24 hour period, and it will be calculated based on actual period of leave hours taken.

 

(e)       Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.

 

(3)       Application for Leave

 

(a)       An application by a staff member for leave under this award shall be made to, and dealt with by, the Chief Executive Officer.

 

(b)      Where the operational requirements of the Corporation permit, an application for leave shall be dealt with by the Chief Executive Officer according to the wishes of the staff member.

 

39.  Annual Leave

 

(1)       Paid annual leave for full time staff members accrues at the rate of 20 working days per year and accrues from day to day.

 

(2)       Staff members working part time shall accrue paid annual leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

(3)       The Chief Executive Officer will inform a staff member in writing on a regular basis of the staff member’s annual leave accrual.

 

(4)       Limits on Accumulation and Direction to Take Leave

 

(a)       At least two (2) consecutive weeks of annual leave (or a combination of annual leave and public holidays, agreed absences, long service leave or, if the staff member elects, leave without pay) shall be taken by a staff member every 12 months for recreation purposes, except by agreement with the Chief Executive Officer in special circumstances.

 

(b)      After taking into account the wishes of the staff member, the Chief Executive Officer may direct such staff member to take accrued annual leave at a time convenient to the Corporation.

 

(c)       The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 6 weeks, or its hourly equivalent, and at the same time, may direct a staff member to take at least 2 weeks annual leave within 3 months of the notification.  Such leave is to be taken at a time convenient to the Corporation.

 

(d)      The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 8 weeks, or its hourly equivalent, and direct the staff member to take at least 2 weeks annual leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Corporation.

 

(5)       Conservation of Leave

 

If the Chief Executive Officer is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient annual leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks, or its hourly equivalent, the Chief Executive Officer shall:

 

(a)       specify in writing the period of time during which the annual leave in excess of 6 weeks shall be conserved; and

 

(b)      on the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 6 weeks limit.

 

(6)       Miscellaneous

 

(a)       Annual leave for which a staff member is eligible on cessation of employment is to be calculated to quarter day (fractions less than a quarter being rounded up).

 

(b)      Annual leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph (c) of this subclause.

 

(c)       Annual leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers’ Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

(d)      The proportionate deduction to be made in respect of the accrual of annual leave on account of any period of absence referred to in paragraph (c) of this subclause shall be calculated to the hour.

 

(e)       Annual leave accrues at half the normal accrual rate during periods of long service leave on half pay.

 

(f)       On cessation of employment, a staff member is entitled to be paid the money value of accrued annual leave which remains untaken.

 

(g)      A staff member to whom paragraph (f) of this subclause applies may elect to take all or part of accrued annual leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

(7)       Death

 

Where a staff member dies, the monetary value of annual leave accrued and remaining untaken as at the date of death, shall be paid to the staff member’s nominated beneficiary.  Where no beneficiary has been nominated, the monetary value of annual leave is to be paid as follows:

 

(a)       to the widow or widower of the staff member; or

 

(b)      if there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children’s maintenance, education and advancement; or

 

(c)       if there is no such widow, widower or children, to the person who, in the opinion of the Chief Executive Officer was, at the time of the staff member’s death, a dependent relative of the staff member; or

 

(d)      if there is no person entitled under paragraphs (a) or (b) or (c) of this subclause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.

 

40.  Sick Leave

 

(1)       General

 

If the Chief Executive Officer is satisfied that a staff member is unable to perform duty because of the staff member’s illness or the illness of his/her family member, the Chief Executive Officer:

 

(a)       shall grant to the staff member sick leave on full pay; and

 

(b)      may grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this clause to sick leave on full pay.

 

(2)       Entitlements

 

(a)       Sick leave on full pay accrues to a staff member at the rate of 15 days each year.  Any leave accrued and not utilised accumulates.

 

(b)      From 1 January 2011, paid sick leave entitlement will accrue progressively from day to day.  Prior to 1 January 2011, sick leave on full pay accrues at the beginning of the calendar year.  Staff members appointed after 1 January 2011 will be granted an accrual of 5 days sick leave upon commencement.  After the first four months of employment sick will accrue progressively at the rate of 10 days per year for the balance of the first year of service.  After the first year of service, sick leave will accrue at the rate of 15 days per year of service.

 

(c)       All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due.  Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

(d)      Notwithstanding the provisions of paragraph (c) of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

(e)       Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

(f)       When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

(g)      Paid sick leave shall not be granted during a period of unpaid leave.

 

(3)       Payment During the Initial 3 Months of Service

 

Paid sick leave which may be granted to a staff member, other than a relief staff member, in the first 3 months of service shall be limited to 5 days’ paid sick leave, unless the Chief Executive Officer approves otherwise.  Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

From 1 January 2011, this clause 40(3) ceases to operate.

 

(4)       Seasonal or Relief Staff

 

No paid sick leave shall be granted to temporary staff members who are employed as relief staff for a period of less than 3 months.

 

41.  Sick Leave - Workers’ Compensation

 

(1)       The Chief Executive Officer shall advise each staff member of the rights under the Workers’ Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

(2)       A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers’ Compensation Act 1987, shall be required to lodge a claim for any such compensation.

 

(3)       Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Chief Executive Officer shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

(4)       The Chief Executive Officer will ensure that, once received by the Corporation, a staff member’s worker’s compensation claim is lodged by the Corporation with the workers’ compensation insurer within the statutory period prescribed in the Workers’ Compensation Act 1987.

 

(5)       Pending the determination of that claim, and on production of an acceptable medical certificate, the Chief Executive Officer shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member’s election, by accrued recreation leave or extended leave.

 

(6)       If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

(7)       A staff member 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 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member’s ordinary rate of pay.  Sick leave utilised in this way shall be debited against the staff member.

 

Note: The interpretation and application of subclause 41(7) was the subject of a judgment of the Supreme Court of New South Wales in Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWSC 1473.

 

(8)       If a staff member notifies the Chief Executive Officer that he or she does not intend to make a claim for any such compensation, the Chief Executive Officer shall consider the reasons for the staff member’s decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

(9)       A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act.  If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

(10)     If the Chief Executive Officer provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

(11)     No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

(12)     Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

 

(a)       the staff member’s claim for workers’ compensation;

 

(b)      the conduct of a medical examination by a Government or other Medical Officer;

 

(c)       a medical certificate issued by the examining Government or other Medical Officer; or

 

(d)      action taken by the Chief Executive Officer either under the Workers’ Compensation Act 1987 or any other relevant legislation in relation to a claim for workers’ compensation, medical examination or medical certificate.

 

42.  Sick Leave - Other Than Workers’ Compensation

 

(1)       If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that:

 

(a)       any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Corporation to the staff member; and

 

(b)      in the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the Corporation the monetary value of any such period of sick leave.

 

(2)       Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Chief Executive Officer is satisfied that the refusal or failure is unavoidable.

 

(3)       On repayment to the Corporation of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, shall be restored to the credit of the staff member.

 

43.  Sick Leave - Requirements for Medical Certificate

 

(1)       A staff member absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the Chief Executive Officer in respect of the absence.

 

(2)       A staff member shall be put on notice in advance if required by the Chief Executive Officer to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.

 

(3)       If there is any concern about the reason shown on the medical certificate, the Chief Executive Officer, after discussion with the staff member, may refer the medical certificate and the staff member’s application for leave to an independent medical practitioner for advice.

 

(4)       The nature of the leave to be granted to a staff member shall be determined by the Chief Executive Officer on the advice of the independent medical practitioner.

 

(5)       If sick leave applied for is not granted, the Chief Executive Officer must, as far as practicable, take into account the wishes of the staff member when determining the nature of the leave to be granted.

 

(6)       If a staff member who is absent on annual leave or long service leave, furnishes to the Chief Executive Officer a satisfactory medical certificate in respect of an illness which occurred during the leave, the Chief Executive Officer may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

 

(a)       in respect of annual leave, the period set out in the medical certificate;

 

(b)      in respect of long service leave, the period set out in the medical certificate if such period is 5 working days or more.

 

(7)       Subclause (6) above applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

(8)       The reference in this clause to a medical certificate shall apply, as appropriate, to the certificates for the absence of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Chief Executive Officer’s discretion, another registered health services provider. Where the absence exceeds one week, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.

 

44.  Sick Leave to Care for a Family Member

 

(1)       When family and community service leave provided for in clause 48 of this award is exhausted, a staff member with responsibilities in relation to a category of person set out in subclause (4) of this clause who needs the staff member’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

 

(2)       The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years.  In special circumstances, the Chief Executive Officer may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.

 

(3)       If required by the Chief Executive Officer, the staff member must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(4)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)       the staff member being responsible for the care and support of the person concerned; and

 

(b)      the person concerned being:

 

(i)       a spouse of the staff member; or

 

(ii)      a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or

 

(iii)     a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the staff member or of spouse or of de facto spouse of the staff member; or

 

(iv)     a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

45.  Maternity Leave

 

(1)       A staff member who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:

 

(a)       for a period up to 14 weeks prior to the expected date of birth; and

 

(b)      for a further period of up to 12 months after the actual date of birth.

 

(2)       A staff member who has been granted maternity leave may, with the permission of the Chief Executive Officer, take leave after the actual date of birth:

 

(a)       full-time for a period of up to 12 months; or

 

(b)      part-time for a period of up to 2 years; or

 

(c)       as a combination of full-time and part-time over a proportionate period of up to 2 years.

 

(3)       A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(4)       A staff member who resumes duty from maternity leave as approved by the Chief Executive Officer shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, if the position still exists.

 

(5)       If the position occupied by the staff member immediately prior to maternity leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

 

(6)       A staff member who:

 

(a)       applied for maternity leave within the time and in the manner determined by the Chief Executive Officer; and

 

(b)      prior to the expected date of birth, completed not less than 40 weeks’ continuous service,

 

shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks at full pay or 28 weeks at half pay.

 

(7)       A staff member who:

 

(a)       becomes pregnant and wishes to take maternity leave; and

 

(b)      within the past 24 months has taken maternity leave for an earlier pregnancy; and

 

(c)       applies for maternity leave within the time and in the manner determined by the Chief Executive Officer; and

 

(d)      prior to the expected date of birth, has completed not less than 40 weeks’ continuous service,

 

shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks at full pay or 28 weeks at half pay.

 

Under this clause, payment of maternity leave shall be calculated on the hours worked by the staff member prior to the earlier period of maternity leave taken, even if the staff member has reduced her hours of work upon returning to work after the earlier pregnancy.

 

(8)       Except as provided in this clause, maternity leave shall be granted without pay.

 

(9)       Employees entitled to maternity leave shall also have an additional entitlement as set out in Appendix A.

 

46.  Parental Leave

 

(1)       Parental leave is available to a staff member who applies for leave to look after their child or children.  Parental leave applies as follows:

 

(a)       short parental leave is an unbroken period of up to one week on full pay or two weeks on half pay at the time of the birth of the child or other termination of the spouse’s or partner’s pregnancy, or in the case of adoption, from the date of taking custody of the child or children;

 

(b)      extended parental leave is for a period not exceeding 12 months, less any short parental leave already taken by the staff member as provided for in this subclause.

 

(2)       Extended parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

(3)       A staff member who has been granted parental leave may, with the permission of the Chief Executive Officer, take such leave:

 

(a)       full-time for a period not exceeding 12 months; or

 

(b)      part-time over a period not exceeding 2 years; or

 

(c)       partly full-time and partly part-time over a proportionate period of up to 2 years.

 

(4)       A staff member who resumes duty immediately on the expiration of parental leave shall:

 

(a)       if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

 

(b)      if the position occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.

 

(5)       Parental leave shall be granted without pay other than in the circumstances set out at subclauses (1)(a) and (6) of this clause, unless the staff member elects to take accrued recreation or extended leave in respect of some or all of the period of parental leave.

 

(6)       A staff member who:

 

(a)       applied for parental leave within the time and in the manner determined by the Chief Executive Officer; and

 

(b)      prior to the expected date of birth or taking of custody, completed not less than 40 weeks’ continuous service, shall be paid the ordinary rate of pay for a period not exceeding 1 week at full pay or 2 weeks at half pay or the period of parental leave taken, whichever is the lesser period.

 

(7)       Employees entitled to parental leave shall also have an additional entitlement as set out in Appendix A.

 

47.  Adoption Leave

 

(1)       A staff member adopting a child and who will be the primary care giver shall be entitled to be granted adoption leave:

 

(a)       for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

(b)      for such period, not exceeding 12 months on a full-time basis, as the Chief Executive Officer may determine, if the child has commenced school at the date of the taking of custody.

 

(2)       A staff member who has been granted adoption leave may, with the permission of the Chief Executive Officer, take leave:

 

(a)       full-time for a period not exceeding 12 months; or

 

(b)      part-time over a period not exceeding 2 years; or

 

(c)       partly full-time and partly part-time over a proportionate period of up to 2 years.

 

(3)       Adoption leave shall commence on the date that the staff member takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the staff member.

 

(4)       A staff member who resumes duty immediately on the expiration of adoption leave shall:

 

(a)       if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

 

(b)      if the position so occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.

 

(5)       A staff member who will be the primary care giver from the date of taking custody of the adopted child shall be entitled to payment at full pay for a period of 14 weeks of adoption leave or at half pay for 28 weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period if the staff member:

 

(a)       applied for adoption leave within the time and in the manner determined by the Chief Executive Officer; and

 

(b)      prior to the commencement of adoption leave, completed not less than 40 weeks’ continuous service.

 

(6)       Except as provided in subclause (5) of this clause, adoption leave shall be granted without pay.

 

(7)       Special Adoption Leave

 

A staff member shall be entitled to special adoption leave without pay for up to 2 days to attend interviews or examinations for the purposes of adoption.  Special adoption leave may be taken as a charge against annual leave, long service leave, agreed absences or family and community service leave.

 

(8)       Employees entitled to adoption leave shall also have an additional entitlement as set out in Appendix A.

 

48.  Family and Community Service Leave

 

(1)       The Chief Executive Officer shall, in the case of emergencies or in unexpected personal or domestic circumstances, grant to a staff member some or all of the available family and community service leave on full pay.

 

(2)       Such cases or circumstances may include but not be limited to the following:

 

(a)       compassionate grounds such as the death or illness of a close member of the family or a member of the staff member’s household;

 

(b)      accommodation matters: up to one day such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

(c)       emergency or weather conditions such as when flood, fire or snow threaten property and/or prevent a staff member from reporting for duty; and

 

(d)      other personal circumstances such as citizenship ceremonies or parent/teacher interviews.

 

(3)       The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be 2.5 working days in the staff member’s first and second years of service and 1 working day for each subsequent year of service.

 

(4)       If available family and community service leave is exhausted, the Chief Executive Officer shall consider applications for additional family and community service leave, if some other emergency arises.  On the death of a person defined in subclause (4) of clause 44, Sick Leave to Care for a Family Member, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

(5)       In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with subclause (2) of clause 44, Sick Leave to Care for a Family Member, shall be granted when paid family and community service leave has been exhausted.

 

49.  Observance of Essential Religious or Cultural Obligations

 

(1)       A staff member 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, may be granted recreation/extended leave to credit, agreed absences or leave without pay to do so.

 

(2)       Provided adequate notice as to the need for leave is given by the staff member to Landcom and it is operationally convenient to release the staff member from duty, the Chief Executive Officer must grant the leave applied for by the staff member in terms of this clause.

 

(3)       A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Chief Executive Officer, subject to:

 

(a)       adequate notice being given by the staff member; and

 

(b)      prior approval being obtained by the staff member; and

 

(c)       the time off being made up in the manner approved by the Chief Executive Officer.

 

(4)       Notwithstanding the provisions of subclauses (1), (2) and (3) of this clause, arrangements may be negotiated between Landcom and the Association in terms the Local Arrangements clause of this award to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.

 

50.  Long Service Leave

 

(1)       Entitlement to Long Service Leave

 

(a)       A staff member shall be entitled to long service leave after a certain period of service.  Subject to this clause, a staff member is entitled:

 

(i)       after service for 10 years, to leave for 2 months on full pay or 4 months on half pay or 1 month on double pay, and

 

(ii)      after service in excess of 10 years, to:

 

1.        leave as provided by subparagraph (i), and

 

2.        in addition, an amount of leave proportionate to the staff member's length of service after 10 years, calculated on the basis of 5 months on full pay or 10 months on half pay or 2 and one half months on double pay, for 10 years served after service for 10 years.

 

(b)      A staff member shall be entitled to pro rata long service leave at the accrual rates set out in subclause (1)(a)(i) of this clause after service for 7 years.

 

(c)       From 1 January 2005, a period of long service leave shall be exclusive of public holidays that fall during the period and such holidays shall be paid pursuant to the provisions of clause 72, Public Holidays, of this award and shall not be debited from a staff member’s long service leave entitlement.

 

(d)      Long service leave taken at double pay shall be paid at full pay plus an equivalent taxable allowance, with the allowance not counting for the purposes of superannuation payments, and with 2 days of long service leave debited from a staff member’s long service leave entitlement for each day of double pay leave taken.

 

(e)       Should a public holiday fall during a period of double pay long service leave, a day of long service leave shall be debited from a staff member’s long service leave entitlement for each such public holiday.

 

(f)       All leave entitlements that accrue whilst a staff member takes long service leave shall accrue at the fulltime rate whilst a staff member takes long service leave at double pay.

 

(g)      For the purpose of calculating the entitlement of a person to long service leave under this clause at any time:

 

(i)       service referred to in this clause includes service before the commencement of this award, and

 

(ii)      there must be deducted from the amount of long service leave to which, but for this subparagraph, that person would be entitled:

 

1.        any long service leave, or leave in the nature of long service leave, and

 

2.        the equivalent, in long service leave, of any benefit instead of long service leave or leave in the nature of long service leave, taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with the Public Service (Amendment) Act 1919 as in force at any time, and

 

(iii)     the provisions of the Transferred Officers Extended Leave Act 1961 have effect.

 

(h)      Nothing in paragraph (g) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both paragraph (g)(ii) and section 3(7) of the Transferred Officers Extended Leave Act 1961.

 

(i)       If the services of a staff member with at least 5 years' service as an adult and less than 10 years' service are terminated:

 

(ii)      by the Chief Executive Officer for any reason other than the staff member's serious and intentional misconduct, or

 

(iii)     by the staff member on account of illness, incapacity or domestic or other pressing necessity, the staff member is entitled:

 

(iv)     for 5 years' service, to 1 month's leave on full pay, and

 

(v)       for service after 5 years, to a proportionate amount of leave on full pay calculated on the basis of 3 months' leave for 15 years' service (that service to include service as an adult and otherwise than as an adult).

 

(j)       For the purposes of paragraph (i), "service as an adult", in the case of a staff member employed to do any work for which the remuneration:

 

(i)       has been fixed by an award of the Commonwealth:

 

1.        made under the Conciliation and Arbitration Act 1904 of the Commonwealth, or

 

2.        made under the Industrial Relations Act 1996, or

 

(ii)      has been fixed by an industrial agreement or enterprise agreement made in accordance with or registered under either of those Acts or an agreement or determination made in accordance with the Public Sector Employment and Management Act 2002,

 

means the period of service during which the remuneration applicable to the staff member was at a rate not lower than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the staff member.

 

(k)      For the purposes of paragraph (a), service includes:

 

(i)       service under the Teaching Services Act 1980, and

 

(ii)      service as an administrative officer under the Police Service Act 1990, and

 

(iii)     any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

 

(iv)     in the case of a staff member who has completed at least 10 years' service - any period of leave without pay, not exceeding 6 months, taken after that commencement.

 

(l)       For the purpose of determining whether or not a staff member has completed at least 10 years' service, the staff member's period of service shall be taken:

 

(i)       to include any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

 

(ii)      to exclude any period of leave without pay taken after that commencement.

 

(m)     For the purposes of paragraph (i), "service" does not include any period of leave without pay whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

 

(2)       Gratuity Payment

 

(a)       A staff member who has acquired a right to long service leave with pay under this award is entitled, immediately on the termination of the staff members' services, to be paid instead of that leave the money value of the long service leave as a gratuity in addition to any gratuity to which the staff member may be otherwise entitled.

 

(b)      Any pension to which any such staff member is entitled under the Superannuation Act 1916 commences from and including the date on which the staff members' long service leave, if taken, would have commenced.

 

(c)       Any staff member may elect, on termination of the staff members’ services, to be paid the money value of long service leave under this clause or may elect to have the Transferred Officers Extended Leave Act 1961 apply to the periods of service for which the leave has accrued.

 

(3)       Payment Where Eligible Staff Members Have Died

 

(a)       If a staff member has acquired a right under this award to long service leave with pay and dies before starting it, or after starting it dies before completing it:

 

(i)       the widow or widower of the staff member, or

 

(ii)      if there is no such widow or widower, the children of the staff member, or

 

(iii)     if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the staff member's death, a dependent relative of the staff member,

 

is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the staff member received at the time of his or her death, less any amount paid to the staff member in respect of the leave not taken, or not completed.

 

(b)      If a staff member with at least 5 years' service as an adult and less than 10years' service as referred to in this clause dies:

 

(i)       the widow or widower of the staff member, or

 

(ii)      if there is no such widow or widower, the children of the staff member, or

 

(iii)     if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the death of the staff member, a dependent relative of the staff member,

 

is entitled to receive the money value of the leave which would have accrued to the staff member had his or her services terminated as referred to in this clause, computed at the rate of salary that the staff member was receiving at the time of his or her death.

 

(c)       If there is a guardian of any children entitled under this clause, the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

 

(d)      If there is no person entitled under this clause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to a staff member, payment in respect of that leave must be made to the staff member's personal representatives.

 

(e)       Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

(f)       If payment of the money value of leave has been made under this award, the Landcom ceases to be liable for payment of any amount in respect of that leave.

 

(4)       Long Service Leave for Temporary Employees

 

(a)       In this clause, a reference to a staff member includes a reference to a temporary staff member.

 

(b)      If the period of leave to which a temporary staff member is entitled under this clause exceeds the period for which the temporary staff member is employed under this award, the balance of that period of leave may be granted during subsequent periods of employment with Landcom if each subsequent period of employment commences on the termination of a previous period of employment with Landcom.

 

51.  Leave Without Pay

 

(1)       The Chief Executive Officer may grant leave without pay to a staff member if good and sufficient reason is shown.

 

(2)       Leave without pay may be granted on a full-time or a part-time basis.

 

(3)       Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay.

 

(4)       Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

(5)       A staff member who has been granted leave without pay, shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Chief Executive Officer.

 

(6)       A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

(7)       No paid leave shall be granted during a period of leave without pay.

 

52.  Military Leave

 

(1)       During the period of 12 months commencing on 1 July each year, the Chief Executive Officer may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the staff member’s unit.

 

(2)       Up to 24 working days military leave per year may be granted by the Chief Executive Officer to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in subclause (1) of this clause.

 

(3)       At the expiration of military leave, the staff member shall furnish to the Chief Executive Officer a certificate of attendance signed by the commanding officer or other responsible officer.

 

53.  Special Leave

 

The Chief Executive Officer shall consider applications for special leave, and where appropriate, shall approve such leave as determined on a case by case basis.

 

(1)       Special Leave for Jury Service

 

(a)       A staff member shall, as soon as possible, notify the Chief Executive Officer of the details of any jury summons served on the staff member.

 

(b)      A staff member who, during any period when required to be on duty, attends a from jury service, furnish to the Chief Executive Officer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

 

(c)       When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Chief Executive Officer shall grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay.  In any other case, the Chief Executive Officer shall grant, at the sole election of the staff member, available recreation leave on full pay, agreed absences or leave without pay.

 

(2)       Witness at Court in an Official Capacity

 

(a)       When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty.

 

(b)      Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity shall be paid by the Corporation.

 

(3)       Witness at Court in Other than an Official Capacity as a Crown Witness

 

A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

(a)       be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

(b)      pay to Landcom all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

(4)       Called as a Witness in a Private Capacity

 

A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member’s election, available recreation leave on full pay or leave without pay.

 

(5)       Examinations

 

(a)       Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Chief Executive Officer.

 

(b)      Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

(6)       Return Home When Temporarily Living Away from Home

 

(a)       Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements.  Such staff member shall be granted sufficient special leave once a month, before or after a weekend or a long weekend, to return home to spend two days and two nights with the family.

 

(b)      If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or agreed absence to credit or leave without pay, if the operational requirements allow.

 

(7)       Return Home When Transferred to New Location

 

Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Officers Compensation) Award.

 

(8)       National Aborigines and Islander Day of Commemoration Celebrations

 

A staff member who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations.

 

(9)       Other Purposes

 

Special leave on full pay for other purposes may be granted to staff members at the discretion of the Chief Executive Officer.

 

(10)     Matters Arising from Domestic Violence Situations

 

When the leave entitlements referred to in clause 54, Leave for Matters Arising from Domestic Violence, have been exhausted, the Chief Executive Officer shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

54.  Leave for Matters Arising from Domestic Violence

 

(1)       The definition of domestic violence is found in clause 5 of this award.

 

(2)       Leave entitlements provided for in clause 48, Family and Community Service Leave, clause 40, Sick Leave and clause 44, Sick Leave to Care for a Family Member, may be used by staff members experiencing domestic violence.

 

(3)       Where the leave entitlements referred to in subclause (2) are exhausted, the Chief Executive Officer shall grant Special Leave as per subclause 53(10).

 

(4)       The Chief Executive Officer will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

(5)       Personal information concerning domestic violence will be kept confidential by Landcom.

 

(6)       The Chief Executive Officer, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

55.  Staff Development, Training Activities and Study Assistance

 

The Chief Executive Officer shall grant or refuse applications for staff development and training and/or study time and/or any reimbursement of fees in accordance with arrangements and criteria established in the Landcom Training and Development Policy.

 

56.  Exchanges

 

(1)       The Chief Executive Officer may arrange staff member exchanges with other organisations both public and private, if the Corporation or the staff member will benefit from additional training and development which is intended to be used in the carrying out of the Corporation’s business.

 

(2)       The conditions applicable to staff members who participate in exchanges will be determined by the Chief Executive Officer according to the individual circumstances in each case.

 

57.  Relocation Package

 

Negotiated benefits for staff members required by Landcom to relocate will be agreed with individual staff members prior to relocation.  The benefits will be equal to, or better than, the current provisions of the Crown Employees (Transferred Officers’ Compensation) Award.

 

The package of variable individually negotiated benefits will be established to compensate for the expenses and associated dislocation experienced by staff members as a result of relocating from one residential location to another residential location as a necessary consequence of promotion, transfer (for other than disciplinary reasons) or staff exchange to a new work location.

 

The scope of the package must be defined in broad terms at the time of acceptance of the new position.

 

58.  Termination of Employment

 

A fulltime staff member shall give Landcom 10 working days' notice prior to resigning from employment.  A period of notice is inclusive of Public Holidays.

 

Notwithstanding the provisions of this clause, the Chief Executive Officer may accept a shorter period of notice or waive the requirement for a period of notice or pay out a period of notice.

 

The provisions of this clause apply to part time staff members on a pro-rata basis.

 

59.  Working from Home

 

The Chief Executive Officer may approve applications by staff members to work from home on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in the Landcom Working from Home Policy.

 

60.  Private Employment

 

The Chief Executive Officer may approve applications by staff members to undertake private employment on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in Landcom’s Private Employment policy.

 

61.  Management of Displaced Staff Members

 

(1)       Where changes in the workplace result in staff members becoming displaced, Landcom will endeavour to find a permanent placement for such staff members at Landcom.

 

(2)       Staff members who are declared to be displaced as a result of workplace change shall be entitled, as a minimum, to the entitlements set out in the relevant NSW Government Policy as amended from time to time.

 

(3)       The Chief Executive Officer may approve applications by staff members for assistance under the Landcom Job Assist Scheme in accordance with arrangements and criteria as established in Landcom’s Job Assist Scheme policy.

 

62.  Child Care Arrangements

 

Landcom shall consult with the Association during the life of the award on the development of childcare arrangements based on the Family Day Care Scheme.

 

63.  Performance Management

 

(1)       Performance Management System

 

(a)       The Landcom Performance Management System and associated policy shall be used to identify, develop and evaluate each staff member’s work performance and development needs in relation to achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member.

 

(b)      Formal appraisals under the Performance Management System shall also be used to assess incremental progression to the next salary point within each salary level.

 

(c)       Incremental progression is not an automatic annual entitlement.  It is subject to satisfactory performance as recommended and documented by the supervisor in accordance with the Landcom Performance Management System.

 

(d)      The salary and performance of each staff member shall normally be reviewed annually.

 

(e)       Supervisors may complete additional formal appraisals within this annual cycle.

 

(f)       Where the result of the annual review shows the result of "unsatisfactory" performance, the supervisor shall take the necessary steps to address the performance problems in consultation with the staff member.

 

(g)      If performance problems cannot be satisfactorily resolved through undertaking reasonable measures then, as a last resort, commencement of disciplinary action shall begin in accordance with clause 64, Unsatisfactory Performance or Misconduct, of this award.

 

(2)       Accelerated Progression

 

The Chief Executive Officer may decide on accelerated progression through the salary points within the relevant Level shown in the salaries schedule at Appendix B of this award for staff members who are formally assessed to perform at the highest of the five levels available under the Landcom Performance Management System.

 

64.  Unsatisfactory Performance or Misconduct

 

(1)       The Chief Executive Officer shall deal with cases of unsatisfactory performance or misconduct in accordance with arrangements and procedures as established in the Landcom Unsatisfactory Performance or Misconduct policy.

 

(2)       If criminal charges have been laid or a complaint made to a body such as the Independent Commission Against Corruption or the Anti-Discrimination Board, the Chief Executive Officer shall consider whether the matter should be pursued through other means.

 

(3)       Remedies available to the Chief Executive Officer include summary dismissal for proven serious and wilful misconduct.

 

65.  Anti-Discrimination

 

(1)       It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)       It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(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;

 

(d)      a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(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.

 

(a)       Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)      Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

66.  Association Activities

 

(1)       "On duty" Activities

 

An Association delegate will be released from the performance of normal Landcom duty in respect of activities specified below and will not be required to apply for leave:

 

(a)       Attendance at meetings of the workplace’s Work Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Work Health and Safety Committee members at a place of work as provided for in the Work Health and Safety Act 2011 and the Regulations;

 

(b)      Attendance at meetings with workplace management or workplace management representatives;

 

(c)       A reasonable period of preparation time, before -

 

(i)       meetings with management;

 

(ii)      disciplinary or grievance meetings when an Association member requires the presence of an Association delegate; and

 

(iii)     any other meeting with management.

 

by agreement with management, where operational requirements allow the taking of such time;

 

(d)      Giving evidence in court on behalf of the employer;

 

(2)       Special Leave Activities

 

The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:

 

(a)       annual or biennial conferences of the Association;

 

(b)      meetings of the Association’s Executive, Committee of Management or Councils;

 

(c)       annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(d)      attendance at meetings called by the Unions NSW involving the Association, which require attendance of a delegate;

 

(e)       giving evidence before an Industrial Tribunal as a witness for the Association;

 

(f)       reasonable travelling time to and from conferences or meetings to which the provisions of paragraphs (a), (b) and (c) of this clause apply.

 

(3)       Training Courses

 

(a)       Accredited Work Health and Safety (WH&S) courses and any other accredited WH&S training for WH&S Committee members will attract the grant of special leave. The provider(s) of accredited WH&S training courses, and the conditions on which special leave for such courses will be granted, shall be negotiated between the Chief Executive Officer and the Association under a local arrangement pursuant to clause 6, Local Arrangements.

 

(b)      Special leave will be granted Association members for attendance at courses organised and conducted by the Association or a training provider nominated by the Association.  A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(c)       the operating requirements of Landcom permitting the grant of leave and the absence not requiring employment of relief staff members;

 

(i)       payment being at the ordinary time rate, i.e. excluding extraneous payments such as shift allowances, penalty rates or overtime;

 

(ii)      all travelling and associated expenses being met by the staff member or the Association;

 

(iii)     attendance at the relevant training course being confirmed, in writing, by the Association or a nominated training provider.

 

(4)       Period of Notice

 

The Chief Executive Officer must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other relevant activity is known.

 

67.  Access to Facilities

 

Landcom shall provide accredited Association delegates with reasonable access to the following facilities for authorised Association activities:

 

(1)       telephone, facsimile and, where available, e-mail facilities;

 

(2)       a notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;

 

(3)       workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.

 

68.  Right of Entry

 

The right of entry provisions shall be as prescribed under the Work Health and Safety Act 2011 and the Industrial Relations Act 1996.

 

69.  Industrial Action

 

(1)       Provisions of the Industrial Relations Act 1996 shall apply to the right of union members to take lawful industrial action.

 

(2)       There will be no victimisation of staff members prior to, during or following such industrial action.

 

70.  Technological Change

 

Landcom shall consult with the Association prior to the introduction of significant technological change(s).

 

71.  Association Deductions

 

(1)       At the election of the staff member, the Chief Executive Officer shall provide for the staff member’s Association membership fees to be deducted from the staff member’s pay and ensure that such fees are transmitted to the Association at fortnightly intervals by Electronic Funds Transfer (EFT).

 

(2)       The Association shall advise Landcom of any change to the amount of fortnightly membership fees made under its rules at least one month before such changes are to take effect.

 

72.  Public Holidays

 

(1)       Unless directed to attend for duty by the Chief executive Officer, a staff member is entitled to be absent from duty on any day which is:

 

(a)       a public holiday throughout the State; or

 

(b)      a local holiday in that part of the State at or from which the staff member performs duty; or

 

(c)       a day in the same fortnight in which Christmas Day and New Year’s Day occur, determined by the Chief Executive Officer as a public holiday for Landcom staff members.

 

(2)       A staff member, who is required by the Chief Executive Officer to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

 

(3)       If a local holiday falls during a staff member’s absence on leave, the staff member is not to be credited with the holiday.

 

73.  Community Language Allowance

 

Staff members who possess a basic level of competence in a community language and who work in locations where their community language is utilised at work to assist clients and such staff members are not employed as interpreters and translators or employed in positions where particular language skills are an integral part of the essential requirements of the position shall be paid an allowance as specified at Item 3 of the Monetary Rates Table of this award.

 

74.  Flexible Work Practices

 

Staff members and Landcom may make use of the flexible work practices outlined in the Public Employment Office document "Flexible Work Practices - Policy and Guidelines".

 

The flexible work practices include:

 

Title	Brief Description
1. Part time work	Part time work is work that involves less than the weekly hours for the job.
2. Job sharing	Job sharing is an arrangement whereby one job is shared between part-time staff members.
3. Part time leave without pay	Part-time leave without pay allows staff members currently working fulltime to work part-time, with leave without pay for the balance of fulltime hours.
4. Career break scheme	This scheme is available for purposes such as extending parental leave, study, travel, personal and professional development, alternative employment and voluntary work.
5. Part year employment	This option allows staff members to take a number of weeks unpaid leave in addition to their annual entitlement to recreation leave. Salary is paid for weeks worked, and for
	recreation leave accrued, and the remaining weeks are unpaid.
6. Variable year employment	This option allows staff members to take a period of unpaid leave after working for a pre-arranged period of time.  Salary is paid for the time worked, and for recreation leave
	accrued, and the remaining time is unpaid.
7. Working from home	This option allows staff members to work at home for any or all of their usual hours of work, subject to the signing of an individual agreement to do so.

 

The use of these options will be in accordance with the relevant provisions outlined in the Public Employment Office document, "Flexible Work Practices - Policy and Guidelines".  However, the use of these options requires agreement between the staff member, or potential staff member, and the relevant General Manager or their delegate.

 

For the purposes of this Clause the provisions of clause 12, Hours of Work, of this Award will apply, subject to the following exception:

 

By agreement between staff member(s) and their manager, the ordinary hours of work may extend beyond the span of 7.30 am to 6.00 pm, Monday to Friday.

 

The provisions of clause 7, Dispute Resolution are available to resolve any disputes arising under the terms of this clause.

 

75.  Secure Employment

 

(1)       Objective of this clause

 

The objective of this clause is for Landcom to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in Landcom’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(2)       Casual Conversion

 

(a)       A casual employee engaged by Landcom on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)      Landcom shall give a casual employee notice in writing of the provision of this sub-clause within four weeks of the employee having attained such period of six months.  However, the employee retains his or her right of election under this subclause if Landcom fails to comply with this notice requirement.

 

(c)       Any casual employee who has a right to elect under paragraph (2)(a), upon receiving notice under paragraph (2)(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to Landcom that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, Landcom shall consent to or refuse the election, but shall not unreasonably so refuse.  Where Landcom refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)      Any casual employee who does not, within four weeks of receiving written notice from Landcom, elect to convert his or her ongoing contract of employment to fulltime employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)       Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with Landcom.

 

(f)       If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (2)(c), Landcom and the employee shall, in accordance with this paragraph, and subject to paragraph (2)(c), discuss and agree upon:

 

(i)       Whether the employee will convert to full-time or part-time employment; and

 

(ii)      If it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between Landcom and the employee.

 

(g)      Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment.  If there is any dispute about the arrangement to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)      An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

76.  Work Health and Safety

 

(a)       For the purpose of this subclause, the following definitions shall apply:

 

(i)       A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and /or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(ii)      A "contact 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 specific service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(b)       Landcom when engaging a labour hire business and/or a contract business to perform work wholly or partially on Landcom’s premises shall do the following (either directly, or though the agency of the labour hire or contract business):

 

(i)       Consult with employees of the labour hire business and/or contract business regarding the workplace work health and safety consultative arrangements;

 

(ii)      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;

 

(iii)     Provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(iv)     Ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(c)       Nothing in this subclause 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 or the Workplace Injury Management and Workers Compensation Act 1998.

 

Disputes Regarding the Application of this clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

77.  Lactation Breaks

 

(a)       This clause applies to staff members who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this award.

 

(b)       A fulltime staff member or a part time staff member working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

(c)       A part time staff member working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

(d)       A flexible approach to lactation breaks can be taken by mutual agreement between a staff member and their manager provided the total lactation break time entitlement is not exceeded.  When giving consideration to any such requests for flexibility, a manager needs to balance the operation requirements of the organisation with the lactating needs of the staff member.

 

(e)       Landcom shall provide access at the head office to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

(f)       Other suitable facilities, such as refrigeration and a sink, shall be provided where practicable.  Where it is not practicable to provide these facilities, discussions between the manager and staff member will take place to attempt to identify reasonable alternative arrangements for the staff member's lactation needs.

 

(g)       Staff members experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association's Breastfeeding Helpline Service or the Public Health System.

 

(h)       Staff members needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave in accordance with clause 40, Sick Leave of this award, or access to the flexible working hours scheme provided in clause 74, Flexible Work Practices, of this award, where applicable.

 

78.  Monetary Rates Table

 

Item No.	Clause No.	Summary Description of Allowances	1 July 2023 $	1 July 2024 $	1 July 2025 $	1 July 2026 $
1	28	First Aid allowance:	Per Annum	Per Annum	Per Annum	Per Annum
		(a) Holder of a current First Aid Certificate and designated First Aid Officer	1,025	1,066	1,098	1,131
		(b) Holder of a Current Occupational First Aid Certificate and designated First Aid Officer	1,545	1,607	1,655	1,705
2	34(4)	On call allowance	1.10 per hour	1.14 per hour	1.17 per hour	1.21 per hour
3	73	Community Language Allowance	1,596 Per annum	1,660 Per annum	1,710 Per annum	1,761 Per annum
4	29	Weekend and Public Holiday Allowance	Per annum $	Per annum $	Per annum $	Per annum $
		Work on 3 of 4 weekends	15,619	16,244	16,731	17,233
		Work on 2 of 4 weekends	10,411	10,827	11,152	11,487

 

APPENDIX A

 

(1)       Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(2)       Landcom must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       The employee or employee’s spouse is pregnant; or

 

(b)      The employee is or has been immediately absent on parental leave.

 

The rights of Landcom in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)       Right to request

 

(a)       An employee entitled to parental leave may request Landcom to allow the employee:

 

(i)       To extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)      To extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)     To return from a period of parental leave on a part-time basis until the child reaches school age; to assist the employee in reconciling work and parental responsibilities.

 

(b)      Landcom shall consider the request 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 Landcom’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)       Employee’s request and Landcom’s decision to be in writing.

 

The employee’s request and Landcom’s decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)      Request to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)       Communication during parental leave

 

(a)       Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, Landcom shall take reasonable steps to:

 

(i)       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

 

(ii)      Provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)      The employee shall take reasonable steps to inform Landcom 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.

 

(c)       The employee shall also notify Landcom of changes of address or other contact details which might affect Landcom’s capacity to comply with paragraph (a).

 

APPENDIX B

 

SALARY SCHEDULE

 

Landcom Officer Classification Officer	1 July 2023 Per annum $	1 July 2024 Per annum $	1 July 2025 Per annum $	1 July 2026 Per annum $
Level 1 Salary point 1	58,982	61,341	63,181	65,076
Level 1 Salary point 2	62,703	65,211	67,167	69,182
Level 1 Salary point 3	65,462	68,080	70,122	72,226
Level 1 Salary point 4	68,569	71,312	73,451	75,655
Level 2 Salary point 5	73,719	76,668	78,968	81,337
Level 2 Salary point 6	76,549	79,611	81,999	84,459
Level 2 Salary point 7	80,094	83,298	85,797	88,371
Level 3 Salary point 8	84,106	87,470	90,094	92,797
Level 3 Salary point 9	87,668	91,175	93,910	96,727
Level 3 Salary point 10	92,040	95,722	98,594	101,552
Level 4 Salary point 11	97,355	101,249	104,286	107,415
Level 4 Salary point 12	101,252	105,302	108,461	111,715
Level 4 Salary point 13	107,434	111,731	115,083	118,535
Management
Level 5 Salary point 14	116,409	121,065	124,697	128,438
Level 5 Salary point 15	122,503	127,403	131,225	135,162
Level 5 Salary point 16	128,460	133,598	137,606	141,734
Level 6 Salary point 17	136,300	141,752	146,005	150,385
Level 6 Salary point 18	141,667	147,334	151,754	156,307
Level 6 Salary point 19	147,517	153,418	158,021	162,762
Level 7 Salary point 20	155,050	161,252	166,090	171,073
Level 7 Salary point 21	161,803	168,275	173,323	178,523
Level 7 Salary point 22	170,581	177,404	182,726	188,208
Senior Management
Level 8 Salary point 23	185,118	192,523	198,299	204,248
Level 8 Salary point 24	193,269	201,000	207,030	213,241
Level 8 Salary point 25	202,435	210,532	216,848	223,353
Level 9 Salary point 26	202,845	210,959	217,288	223,807
Level 9 Salary point 27	217,146	225,832	232,607	239,585
Level 10 Salary point 28	224,414	233,391	240,393	247,605
Level 10 Salary point 29	246,340	256,194	263,880	271,796

 

 

 

D. CHIN  J, Vice President.

 

 

____________________

 

Printed by the authority of the Industrial Registrar.