Insurance and Care NSW Award
2024
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application
by Industrial Relations
Secretary.
(Case No. 342512 of 2024)
|
Before Vice
President
|
19 November 2024
|
AWARD
The conditions of employment contained in Part A of
this Award apply to all staff members.
The conditions of employment contained in Part B of
this Award apply to all employees.
PART A - CONDITIONS OF EMPLOYMENT
SECTION 1 - FRAMEWORK
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Parties
to the Award
5. Coverage
6. Statement
of Intent
7. Work
Environment
8. Grievance
and Dispute Settling Procedures
9. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local
Arrangements
11. Working
Hours
12. Calculation
of Service
13. Casual
Employment
14. Part-Time
Employment
15. Morning and
Afternoon Breaks
16. Meal Breaks
17. Lactation
Breaks
18. Variation
of Hours
19. Natural
Emergencies and Major Transport Disruptions
20. Notification
of Absence from Duty
21. Public
Holidays
22. Standard
Working Hours
23. Flexible
Working Hours
24. Non-Compliance
25. Flexible
Work Practices
SECTION 3 - TRAVEL ARRANGEMENTS
26. Travelling
Compensation
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One-Day Journeys
30. Restrictions
on Payment of Travelling Allowances
31. Increase or
Reduction in Payment of Travelling Allowances
32. Production
of Receipts
33. Travelling
Distance
SECTION 4 - ALLOWANCES AND OTHER MATTERS
34. Allowance
Payable for Use of Private Motor Vehicle
35. Damage to
Private Motor Vehicle Used for Work
36. Overseas
Travel
37. Exchanges
38. Room at
Home Used as Office
39. Uniforms,
Protective Clothing and Laundry Allowance
40. Compensation
for Damage to or Loss of Staff Member’s Personal Property
41. Community
Language Allowance Scheme (CLAS)
42. First Aid
Allowance
43. Review of
Allowances Payable in Terms of This Award
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
44. Trade Union
Activities Regarded as On Duty
45. Trade Union
Activities Regarded as Special Leave
46. Trade Union
Training Courses
47. Conditions Applying
to On Loan Arrangements
48. Period of
Notice for Trade Union Activities
49. Access to
Facilities by Trade Union Delegates
50. Responsibilities
of the Trade Union Delegate
51. Responsibilities
of the Trade Union
52. Responsibilities
of Workplace Management
53. Right of
Entry Provisions
54. Travelling
and Other Costs of Trade Union Delegates
55. Industrial
Action
56. Consultation
and Technological Change
57. Deduction
of Trade Union Membership Fees
SECTION 6 - LEAVE
58. Leave -
General Provisions
59. Absence
from Work
60. Applying
for Leave
61. Extended
Leave
62. Family and
Community Service Leave
63. Leave
Without Pay
64. Military
Leave
65. Observance
of Essential Religious or Cultural Obligations
66. Parental
Leave
66A. Sector-wide
parental leave enhancements
67. Purchased
Leave
68. Recreation
Leave
69. Annual
Leave Loading
70. Sick Leave
71. Sick Leave
- Requirements for Evidence of Illness
72. Sick Leave
to Care for a Family Member
73. Sick Leave
- Workers Compensation
74. Sick Leave
- Claims Other Than Workers Compensation
75. Special
Leave
76. Leave for
Matters Arising from Domestic Violence
76A. Leave for
employees providing support to people experiencing domestic and family violence
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
77. Staff
Development and Training Activities
78. Study
Assistance
SECTION 8 - SHIFT WORK AND OVERTIME
79. Shift Work
80. Overtime -
General
81. Overtime
Worked by Shift Workers
82. Overtime
Worked by Day Workers
83. Recall to
Duty
84. On-Call
(Stand-By) and On-Call Allowance
85. Overtime
Meal Breaks
86. Overtime
Meal Allowances
87. Rate of
Payment for Overtime
88. Payment for
Overtime or Leave in Lieu
89. Calculation
of Overtime
90. Provision
of Transport in Conjunction with Working of Overtime
SECTION 9 - MISCELLANEOUS
91. Anti-Discrimination
92. Area,
Incidence and Duration
93. No extra
claims
PART B - SALARIES AND PROMOTION
1. Salary
Grade Structure
2. Promotion
3. Salary
Increments
PART C - MONETARY RATES
Table 1 - Salary Grade Structure
Table 2 - Rates and Allowances
PART A
ALL STAFF MEMBERS
2. Title
This Award shall be known as the Insurance and Care NSW
Award 2024.
3. Definitions
3.1 Accumulation
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.2 Appropriate
People Leader means the roles within icare
accountable and with relevant delegations of authority for people leadership.
3.3 Association
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.4 At the
convenience of means the operational requirements permit the staff member's
release from duty or that satisfactory arrangements are able
to be made for the performance of the staff member's duties during the
absence.
3.5 Award means an
award as defined in the Industrial
Relations Act 1996.
3.6 Birth means the
birth of a child and includes stillbirth.
3.7 Board means the
Board of Insurance and Care NSW.
3.8 Capital City
means the area set out as the area for the Sydney Telephone District Directory
in the Sydney White Pages or within a corresponding area in the Capital City of
another State or Territory.
3.9 Casual Employee
means an employee engaged and paid as such having regard to the objective
characterisation of the engagement and in the same terms as Part 4 Division 5
43 (4) of the Government Sector
Employment Act 2013 and any guidelines issued thereof or as amended from
time to time.
3.10 CEO&MD means
the Chief Executive Officer and Managing Director of Insurance and Care NSW or a person authorised by the Chief Executive Officer
and Managing Director to act in this capacity.
3.11 Chief Human
Resources Officer means the Group Executive Team (GET) role accountable for icare’s Human Resource leadership.
3.12 Contract hours
for the day for a full-time staff member, means one fifth of the full time contract hours, as defined in this Award. For a part time staff member, contract hours
for the day means the hours usually worked on the day.
3.13 Daily rate or
rate per day means the rate payable for ordinary hours worked in 24 hours,
unless otherwise specified.
3.14 Daily span of
hours means, for a staff member required to work standard hours, the full time standard hours defined in this Award. For a staff
member required to work flexible hours, the "daily span of hours" means
the hours which normally fall within the bandwidth of the Insurance and Care
NSW Flexible Working Hours Agreement and which do not
attract payment for overtime, unless otherwise prescribed in this Award.
3.15 Day worker means
a staff member, other than a shift worker, who works the ordinary hours from
Monday to Friday inclusive between the hours of 7.30 a.m. and 6.00 p.m. or as
negotiated under a local arrangement.
3.16 Domestic violence
is any behaviour in an intimate, family or domestic relationship, which is
violent, threatening, coercive, controlling or causes a person to live in fear
for their own or someone else's safety. It may be a pattern of ongoing
controlling or coercive behaviour.
3.16.1 An intimate
relationship refers to people who are or have been in an intimate partnership, whether or not the relationship involves or has involved a
sexual relationship, for example, married, engaged to be married, separated,
divorced, de facto partners, couple promised to each other under cultural or
religious tradition, or who are dating.
3.16.2 A family
relationship has a broader definition and includes people who are related to
another through blood, marriage or de facto partnerships, adoption and
fostering relationships, sibling, and extended family relationships. It
includes the full range of kinship ties in Aboriginal and Torres Strait
Islander communities, and extended family relationships. People living in the
same house may also be in a domestic relationship if their relationships
exhibit dynamics which may foster coercive and abusive behaviours.
3.16.3 Examples of
behaviours that constitute domestic and family violence include but are not
limited to:
(a) Physical and
Sexual Violence;
(b) Verbal Abuse;
(c) Emotional Or
Psychological Abuse;
(d) Stalking and Intimidation;
(e) Technology
Facilitated Abuse;
(f) Social and
Geographical Isolation;
(g) Financial Abuse;
(h) Cruelty to Pets;
(i) Damage
to Property; Or
(j) threats to be
violent in the above ways.
3.17 Executive is an
employee employed in an executive position consistent with section 16 of the State Insurance and Care Governance Act
2015, who by virtue of this section is excluded from the provisions of this
Award.
3.18 Expected date of
birth, in relation to a staff member who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner
expects the staff member to give birth as a result of
the pregnancy.
3.19 Extended leave
means extended (long service) leave to which a staff member is entitled under
clause 61 of this Award.
3.20 Flexible working
hours credit means the time exceeding the contract hours for a settlement
period and includes any time carried over from a previous settlement period or
periods.
3.21 Flexible working
hours debit means the contract hours not worked by a
staff member and not covered by approved leave during the settlement
period, as well as any debit carried over from the previous settlement period
or periods.
3.22 Flexible working
hours scheme means the scheme outlined in the Flexible Working Hours Agreement
which enables staff members, subject to operational requirements, to select
their starting and finishing times.
3.23 Flex leave means
a period of leave available to be taken by a staff member as specified in the
Flexible Working Hours Agreement.
3.24 Full day means
the standard full-time contract hours for the day, i.e. seven hours.
3.25 Full pay or half
pay means the staff member's ordinary rate of pay or half the ordinary rate of
pay respectively.
3.26 Full-time
contract hours means the standard weekly hours, that is, 35 hours per week.
3.27 Full-time
position means a position which is occupied, or if not for being vacant, would
be occupied, by a full-time staff member.
3.28 Full time staff
member means a staff member who occupies a full time
position within icare’s employment.
3.29 Group Executive
means the CEO&MD and his direct leadership reports who hold Group Executive
or equivalent leadership roles
3.30 Half day means half the standard contract hours for the day.
3.31 Headquarters
means the centre(s) to which a staff member is attached or from which a staff
member is required to operate on a long-term basis.
3.32 icare means Insurance and Care NSW as established pursuant
to the State Insurance and Care
Governance Act 2015.
3.33 Industrial action
means industrial action as defined in the Industrial
Relations Act 1996.
3.34 Local Arrangement
means an agreement reached at the organisational level between the Chief Human
Resources Officer and the Association in terms of clause 10, Local Arrangements
of this Award.
3.35 Local holiday
means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the
State.
3.36 Normal hours of
duty means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working
under the Flexible Working Hours Agreement, the hours of duty the appropriate
People Leader requires a staff member to work within the bandwidth specified
under the Agreement.
3.37 Normal work
means, for the purposes of subclause 8.10 of clause 8, Grievance and Dispute
Settling Procedures of this Award, the work carried out in accordance with the
staff member’s role description at the location where the staff member was
employed, at the time the grievance or dispute was notified by the staff
member.
3.38 Official overseas
travel means authorised travel out of Australia by a staff member where the
staff member proceeds overseas on official business.
3.39 On duty means the
time required to be worked for icare. For the
purposes of clause 43, Trade Union Activities Regarded as On Duty of this
Award, on duty means the time off with pay given by icare
to the accredited Association delegate to enable the Association delegate to
carry out legitimate Association activities during ordinary work hours without
being required to lodge an application for leave.
3.40 On loan means an
arrangement between Insurance and Care NSW and the Association where a staff
member is given leave of absence from the workplace to take up employment with
the staff member’s Association for a specified period of time
during which the Association is required to reimburse Insurance and Care NSW
for the staff member's salary and associated on-costs.
3.41 On special
leave means the staff member is required to apply for special leave in order to engage in an activity which attracts the grant
of special leave in the terms of this Award.
3.42 Ordinary hourly
rate of pay means the hourly equivalent of the annual rate of pay of the classification
set out in Part C Monetary Rates of this Award and calculated using the formula
set out in clause 13, Casual Employment of this Award.
3.43 Overtime means
all time worked, whether before or after the ordinary daily hours of duty, at
the direction of the appropriate People Leader, which, due to its character or
special circumstances, cannot be performed during the staff member’s ordinary
hours of duty.
3.44 Part-time
entitlement, unless specified otherwise in this Award, means pro rata of the
full-time entitlements calculated according to the number of hours a staff
member works in a part-time position or under a part-time arrangement.
3.45 Part-time hours
means hours which are less than the hours which constitute full-time work under
this Award.
3.46 Part-time
position means a designated part-time position and, unless otherwise specified,
includes any position which is filled on a part-time basis.
3.47 Part-time staff
member means a staff member whose ordinary hours of duty are specified as
part-time in a written agreement between icare and
the employee.
3.48 People Leader
means the team leader or manager of the area in which a staff member is employed or any other staff member authorised by the Group
Executive to fulfil the role of a team leader or manager, other than a person
engaged as a consultant or contractor.
3.49 Prescribed
ceasing time means, for a staff member working standard hours, the conclusion
of daily standard hours for that staff member. For a staff member working
flexible working hours, the prescribed ceasing time means the conclusion of
bandwidth of the Flexible Working Hours Agreement.
3.50 Prescribed
starting time means, for a staff member not working under a flexible working
hours arrangement, the commencement of standard daily hours of that staff
member. For a staff member working flexible working hours, the prescribed
starting time means the time of commencement within the bandwidth of the
Flexible Working Hours Agreement.
3.51 Public holiday
means a day proclaimed under the Public
Holidays Act 2010, as a public holiday.
3.52 Recall to duty
means those occasions when a staff member is
directed to return to duty outside the staff member’s ordinary hours or outside
the bandwidth in the case of a staff member working under the Flexible Working
Hours Agreement.
3.53 Relief staff means staff employed on a temporary basis to provide relief
in a position until the return from authorised leave of the substantive
occupant or in a vacant position until it is filled substantively.
3.54 Residence, in
relation to a staff member an employee, means the ordinary and permanent place
of abode of the staff member.
3.55 Secondment means
an arrangement agreed to by the Chief Human Resources Officer, the staff member
and another Government Sector Agency, a public sector organisation or a private
sector organisation which enables the staff member to work in such other organisation
for an agreed period of time and under conditions
agreed to prior to the commencement of the period of secondment. Secondments
are also to comply with Part 5 of the Government
Sector Employment Act 2013.
3.56 Shift worker -
Continuous Shifts means a staff member engaged in work carried out in
continuous shifts throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the appropriate People Leader.
3.57 Shift worker - Non-continuous
Shifts means a staff member who is not a day worker or a shift worker -
continuous shifts, as defined above.
3.58 Staff member
means an on-going, temporary or casual employee employed under the State Insurance and Care Governance Act
2015 (SICG Act) and includes both
full-time and part-time staff except those employees employed in ‘executive
positions’ as defined in section 16 of the SICG
Act. For the purposes of maternity leave, as set out in clause 66, Parental
Leave of this Award, staff member means a female staff member.
3.59 Standard hours
are set and regular hours of operation as determined by the Chief Human
Resources Officer in accordance with any direction from the Industrial
Relations Commission of NSW. Standard hours are generally the hours which were
in operation prior to the introduction of flexible working hours or have been
determined as standard hours for the organisation since the introduction of
flexible working hours.
3.60 Standby means an
instruction given by the appropriate People Leader to a staff member to be
available for immediate contact in case of an authorised call-out requiring the
performance of duties.
3.61 Study leave means
leave without pay granted for courses at any level or for study tours during
which financial assistance may be approved by the Group Executive, if the
activities to be undertaken are considered to be of
relevance or value to Insurance and Care NSW.
3.62 Study Time means
the time allowed off from normal duties on full pay to a staff member who is
studying in a part-time course which is of relevance to Insurance and Care NSW.
3.63 Temporary work
location means the place at or from which a staff member temporarily performs
official duty if required to work away from the employee’s normal place of
work.
3.64 Trade Union or
Union means a registered trade union, as defined in the Industrial Relations Act 1996.
3.65 Trade Union
Delegate means an accredited Association delegate responsible for his/her
workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
3.66 Trade Union
Official means a person who is employed by the Association to carry out duties
of an official in a permanent or temporary capacity, including elected
full-time officials and/or staff members placed on loan to the Association for
an agreed period of time.
3.67 Workplace means
the whole of the organisation or, as the case may be, a
Function, Business Line or Team in which the staff member is employed.
3.68 Workplace
management means the appropriate People Leader, or any other person authorised
by the Group Executive to assume responsibility for the conduct and effective,
efficient and economical management of the functions and activities of icare or part of the organisation.
4. Parties to the
Award
The parties to this Award are:
Insurance and Care NSW; and
Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
5. Coverage
The provisions of this Award shall apply to permanent,
temporary and casual employees (as specified in this Award) as defined in the State Insurance and Care Governance Act
2015 (SICG Act). This Award shall not apply to Executives as defined within
section 16 of the SICG Act or any
employee remunerated at a level greater than the maximum of Grade 12 of the
Salary Grade scale as detailed in Part C - Monetary Rates of this Award.
If, during the currency of this Award, the Crown
Employees’ (Public Service Conditions of Employment) Reviewed Award 2009 (the
Conditions Award) is varied, or any existing Public Sector Determination which
operated as at the effective date of this Award, the variation will be
discussed at a meeting between the Association and the Chief Human Resources
Officer of icare, which shall occur within 21 days of
either party informing the other of the approval of the variation to the
Conditions Award by the Industrial Relations Commission of NSW. The presumption
will be that this Award will be varied to reflect the variation to the
Conditions Award unless it is not relevant to icare.
The meeting between the Association and the Chief Human Resources Officer will
determine the appropriateness and wording of any variation. The onus will be on
icare to justify or prove that the proposed variation
is not relevant to icare.
6. Statement of Intent
This Award contains salaries, allowances and conditions
of employment of employees employed by icare. The
Award supports and encourages consultative processes, to facilitate, as
appropriate, greater flexibility in the workplace and to help ensure that any
excess hours, accumulated as a result of icare’s work requirements, are not forfeited.
7. Work Environment
7.1 The parties to
this Award are committed to providing and maintaining a work environment that
complies with all relevant Work Health and Safety and Workers Compensation and
Injury Management legislation.
7.2 Equality in
employment - icare is committed to the achievement of
equality in employment and the Award has been drafted to reflect this
commitment.
7.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination
Act 1977. All employees are required to refrain from, or being party to,
any form of harassment in the workplace.
8. Grievance and
Dispute Settling Procedures
8.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within icare,
if required.
8.2 A staff member
is required to notify in writing their People Leader, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
8.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for
the staff member to advise their immediate manager the notification may occur
to the next appropriate level of management, including where required, to the
Group Executive or delegate.
8.4 The People
Leader, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
8.5 If the matter
remains unresolved with the People Leader, the staff member may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This People Leader shall respond within two
(2) working days, or as soon as practicable. The staff member may pursue the
sequence of reference to successive levels of management until the matter is
referred to the relevant Group Executive.
8.6 If the matter
remains unresolved, the Chief Human Resources Officer shall provide a written
response to the staff member and any other party involved in the grievance,
dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
8.7 A staff member,
at any stage, may request to be represented by the Association.
8.8 The staff
member, or the Association on their behalf, or the CEO&MD may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
8.9 The staff
member, Association and the CEO&MD shall agree to be bound by any order or
determination by the Industrial Relations Commission of New South Wales in
relation to the dispute.
8.10 Whilst the
procedures outlined in subclauses 8.1 to 8.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any staff
member or member of the public.
9. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
9.1 The entitlement
to salary package in accordance with this clause is available to:
9.1.1 ongoing full-time and part-time staff
members; and
9.1.2 temporary staff members, subject to icare’s convenience; and
9.1.3 casual employees, subject to icare’s convenience, and limited to salary sacrifice to
superannuation in accordance with subclause 9.7.
9.2 For the purposes
of this clause:
9.2.1 "salary" means the salary or
rate of pay prescribed for the staff member's Salary Grade by Part C of this
Award, and any other payment that can be salary packaged in accordance with
Australian taxation law.
9.2.2 "post compulsory deduction
salary" means the amount of salary available to be packaged after payroll
deductions required by legislation or order have been taken
into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
9.3 By mutual
agreement with the Chief Human Resources Officer, a
staff member may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
9.3.1 a benefit or benefits selected from those
approved by the Chief Human Resources Officer; and
9.3.2 an amount equal to the difference between
the staff member's salary, and the amount specified by the Chief Human
Resources Officer for the benefit provided to or in respect of the staff member
in accordance with such agreement.
9.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
9.5 The agreement
shall be known as a Salary Packaging Agreement.
9.6 Except in
accordance with subclause 9.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as
mutually agreed between the staff member and the Chief Human Resources Officer
at the time of signing the Salary Packaging Agreement.
9.7 Where a staff
member makes an election to sacrifice a part or all of
their post compulsory deduction salary as additional employer superannuation
contributions, the staff member may elect to have the amount sacrificed:
9.7.1 paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
9.7.2 where icare is making compulsory employer superannuation
contributions to another complying
superannuation fund, paid into the same complying fund; or
9.7.3 subject to icare’s agreement, paid into another complying
superannuation fund.
9.8 Where the staff
member makes an election to salary sacrifice, icare
shall pay the amount of post compulsory deduction salary, the subject of
election, to the relevant superannuation fund.
9.9 Where the staff member makes an
election to salary package and where the staff member is a member of a
superannuation scheme established under the:
9.9.1 Police
Regulation (Superannuation) Act 1906;
9.9.2 Superannuation
Act 1916;
9.9.3 State
Authorities Superannuation Act 1987; or
9.9.4 State
Authorities Non-contributory Superannuation Act 1987,
icare must ensure that the
staff member’s superable salary for the purposes of the above Acts, as notified
to the SAS Trustee Corporation, is calculated as if the Salary Packaging
Agreement had not been entered into.
9.10 Where the staff
member makes an election to salary package, and
where the staff member is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 9.9 of this clause, icare must continue to
base contributions to that fund on the salary payable as if the Salary
Packaging Agreement had not been entered into. This
clause applies even though the superannuation contributions made by icare may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
9.11 Where the staff
member makes an election to salary package:
9.11.1 subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
9.11.2 any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an staff member is entitled under this Award, Act or statute
which is expressed to be determined by reference to the staff member’s rate of
pay, shall be calculated by reference to the rate of pay which would have
applied to the staff member under Part C of this Award if the Salary Packaging
Agreement had not been entered into.
9.12 The Chief Human
Resources Officer may vary the range and type of benefits available from time to time following discussion with the Association. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
9.13 The Chief Human
Resources Officer will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply
to any existing or future Salary Packaging Agreement from the date of such
variation. In this circumstance, the staff member may elect to terminate the
Salary Packaging Agreement.
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local Arrangements
10.1 Local
arrangements may be negotiated between the Chief Human Resources Officer and
the Association in respect of the whole of icare or
part of icare in relation to any matter contained in
this Award.
10.2 All local
arrangements negotiated between the Chief Human Resources Officer and the
Association must:
10.2.1 be approved by the
CEO&MD; and
10.2.2 be approved in
writing by the General Secretary of the Association; and
10.2.3 be contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial instrument; and
10.2.4 include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
10.3 Subject to the
provisions of subclause 10.2 of this clause, nothing in this clause shall
prevent the negotiation of a Flexible Working Hours Agreement between icare and the Association in respect of the provisions
contained in clause 25, Flexible Work Practices of this Award, where the
conditions of employment of any group are such that the application of the
standard flexitime provisions would not be practicable. Where such local arrangements do not include
provisions in relation to core time, settlement periods, contract hours, flex
credit, flex debit, or flex leave, the relevant provisions of clause 23,
Flexible Working Hours of this Award shall apply.
10.4 Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
10.5 Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorised by
their People Leader, flex leave can only be taken where recreation leave has
been applied for and approved. If,
however, recreation leave has been applied for and declined or not actioned by
the People Leader, access to flex leave is still available.
11. Working Hours
11.1 The working hours
of staff and the manner of their recording, shall be as determined from time to
time by the appropriate People Leader in accordance with any direction of the
Chief Human Resources Officer. Such direction will include the
definition of full time contract hours as contained in
clause 3, Definitions of this Award.
11.2 The People Leader
in charge of a Business Line or Team will be responsible to the Group
Executive for the proper observance of hours of work and for the proper
recording of such attendance.
11.3 The appropriate
People Leader may require a staff member to perform duty beyond the hours
determined under subclause 11.1 of this clause but only if it is reasonable for
the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is
unreasonable the following factors shall be taken into
account:
11.3.1 the staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
11.3.2 any risk to staff
member’s health and safety,
11.3.3 the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
11.3.4 the notice (if
any) given by the appropriate People Leader regarding the working of the
additional hours, and by the staff member of their intention to refuse the
working of additional hours, or
11.3.5 any other relevant
matter.
11.4 The application
of hours of work is subject to the provisions of this clause.
11.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
11.6 The appropriate
People Leader shall ensure that all staff members employed in icare are informed of the hours of duty required to be
worked and of their rights and responsibilities in respect of such hours of
duty.
12. Calculation of
Service
12.1 In calculating
years of service for staff members the following aggregate periods of leave
without pay shall not be taken into account:
12.1.1 Recreation Leave -
Leave Without Pay which in any one period, exceeds 5 working days in any period
of 12 months
12.1.2 Sick Leave - Leave
Without Pay of 21 days or more
12.1.3 Increments - Leave
Without Pay of 5 days or more, in any one period, defers the increment date
13. Casual Employment
13.1 Hours of Work
13.1.1 A casual employee
is engaged and paid on an hourly basis.
13.1.2 A casual employee will
be engaged and paid for a minimum of 3 consecutive hours for each day worked.
13.1.3 A casual employee
shall not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of
9 hours, except where longer periods are permitted under a local agreement
negotiated under clause 10 of this Award, covering the particular class of
work, or are required by the usual work pattern of the position.
13.2 Rate of Pay
13.2.1 Casual employee shall be paid the ordinary
hourly rate of pay calculated by the following formula for the hours worked per
day:
Annual salary divided by
52.17857 divided by the ordinary weekly hours of the classification.
13.2.2 Casual employees shall be paid a loading on
the appropriate ordinary hourly rate of pay of:
15% for work performed on
Mondays to Fridays (inclusive)
50% for work performed on
Saturdays
75% for work performed on
Sundays
150% for work performed on
public holidays.
13.2.3 Casual employees
shall also receive a 1/12th loading in lieu of annual leave.
13.2.4 The loadings
specified in paragraph 13.2.2 of this subclause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
13.3 Overtime
13.3.1 Casual employees
shall be paid overtime for work performed:
(a) In excess of 9 consecutive
hours (excluding meal breaks) except where longer periods are permitted under
local agreement negotiated under clause 10 of this Award, covering the particular class of work, or are required by the usual work
pattern of the position; or
(b) Outside the
bandwidth application to the particular class of work;
or
(c) In excess of
the daily roster pattern applicable for the particular class
of work; or
(d) In excess of
the standard weekly roster of hours for the particular class
of work; or
(e) In accordance
with a local arrangement negotiated under clause 10 of this Award.
13.3.2 Overtime rates
will be paid in accordance with the rates set in clause 82, Overtime Worked by
Day Workers of this Award.
13.3.3 Overtime payments
for casual employees are based on the ordinary hourly rate plus the 15% loading
set out in paragraph 13.2.2.
13.3.4 The loading in
lieu of annual leave as set out in paragraph 13.2.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
13.4 Leave
13.4.1 Other than as
described under subclauses 13.4, 13.5 and 13.6, casual employees are not
entitled to any other paid or unpaid leave.
13.4.2 As set out in
paragraph 13.2.3 of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
13.4.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
13.4.4 Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The
following provisions shall also apply in addition to those set out in the Industrial Relations Act.
(a) icare must not fail to re-engage a regular casual employee
(see section 53(2) of the Industrial
Relations Act) because:
(i) the
employee or employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
The rights of an employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
13.5 Personal Carers
entitlement for casual employees
13.5.1 Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in paragraph 72.4.2 of Sick Leave to Care
for a Family Member of this Award who is sick and requires care and support, or
who requires care due to an unexpected emergency, or
the birth of a child. This entitlement is subject to the evidentiary
requirements set out in paragraph 13.5.4, and the notice requirements set out
in paragraph 13.5.5 of this clause.
13.5.2 The appropriate
People Leader and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
13.5.3 icare must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of icare to engage or not to engage a casual employee
are otherwise not affected.
13.5.4 The casual
employee shall, if required,
(a) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(b) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
13.5.5 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
13.6 Bereavement
entitlements for casual employees
13.6.1 Casual employees
are entitled to not be available to attend work, or to leave work upon the death
in Australia of a family member on production of satisfactory evidence (if
required by icare).
13.6.2 The appropriate
People Leader and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
13.6.3 icare must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of icare to engage or not engage a casual employee
are otherwise not affected.
13.6.4 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
13.7 Application of
other clauses of this Award to casual employees
13.7.1 The following
clauses of this Award do not apply to casual employees:
|
11
|
Working Hours
|
|
18
|
Variation of Hours
|
|
19
|
Natural Emergencies and
Major Transport Disruptions
|
|
21
|
Public Holidays
|
|
22
|
Standard Working Hours
|
|
22-25
|
relating to Flexible
Working arrangements
|
|
27
|
Excess Travelling Time
|
|
28
|
Waiting Time
|
|
38
|
Room at Home Used as
Office
|
|
43-57
|
relating to Trade Union
activities
|
|
53
|
Travelling and other
costs of Trade Union Delegates
|
|
57
|
Leave - General
Provisions
|
|
57-75
|
relating to the various
Leave provisions
|
|
77
|
Study Assistance
|
|
78
|
Shift Work
|
|
79-80
|
relating to Overtime
|
|
82-83
|
relating to Recall to
Duty, On-Call and Stand-by Arrangements
|
|
87
|
Payment for Overtime or
Leave in Lieu
|
|
88
|
Compensation for
Additional Hours Worked by Duty Officer, State Emergency Services.
|
14. Part-Time Employment
14.1 General
14.1.1 Part-time work may
be undertaken with the agreement of the appropriate People Leader. Part-time
work may be undertaken in a part-time position or under a part-time
arrangement.
14.1.2 A part-time staff
member is to work contract hours less than full-time hours.
14.1.3 Unless otherwise
specified in this Award, part-time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part-time position or under a part-time arrangement. Entitlements to
paid leave will accrue on the equivalent hourly basis.
14.1.4 Before commencing
part-time work, the appropriate People Leader and the staff member must agree
upon:
(a) the hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time staff member; and
(c) the
classification applying to the work to be performed;
14.1.5 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
14.1.6 Incremental
progression for part-time staff members is the same as for full time staff
members, that is, part-time staff members receive an increment annually, where
such increment is available.
14.2 Additional hours
14.2.1 The appropriate People
Leader may request, but not require, a part-time staff member to work
additional hours. For the time worked in excess of the
staff member’s usual hours and up to the normal full-time hours for the
classification, part-time staff members may elect to:
(a) be paid for
additional hours at their hourly rate plus a loading of 1/12th in
lieu of recreation leave; or
(b) if working
under a Flexible Working Hours scheme under clause 23 of this Award, or a Local
Agreement made in accordance with clause 10 of this Award, have the time worked
credited as flex time.
14.2.2 For time worked in excess of the full-time hours of the classification, or
outside the bandwidth payment shall be made at the appropriate overtime rate in
accordance with clause 86, Rate of Payment for Overtime of this Award.
15. Morning and
Afternoon Breaks
Staff members may take a 10 minute
morning break, provided that the discharge of public business is not affected
and, where practicable, they do so out of the view of the public contact areas.
Staff members may also take a 10
minute afternoon break, subject to the same conditions as apply to the
morning break.
16. Meal Breaks
16.1 Meal breaks must
be given to and taken by staff members. No staff member shall be required to
work continuously for more than 5 hours without a meal break, provided that:
16.1.1 where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
16.1.2 where the nature
of the work of a staff member or a group of staff members is such that it is
not possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Chief Human Resources Officer and
the Association to provide for payment of a penalty.
17. Lactation Breaks
17.1 This clause
applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this Award.
17.2 A full-time staff
member or a part-time staff member working more than 4 hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day.
17.3 A part-time staff
member working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
17.4 A flexible
approach to lactation breaks can be taken by mutual agreement between a staff
member and their People Leader provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for flexibility, a
People Leader needs to balance the operational requirements of the organisation
with the lactating needs of the staff member.
17.5 icare shall provide access to a suitable, private space
with comfortable seating for the purpose of breastfeeding or expressing milk.
17.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the People Leader and staff
member will take place to attempt to identify reasonable alternative
arrangements for the staff member's lactation needs.
17.7 Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
17.8 Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 70, Sick Leave of
this Award, or access to the flexible working hours scheme provided in clause
23, Flexible Working Hours of this Award, where applicable.
18. Variation of Hours
18.1 If the
appropriate People Leader is satisfied that a staff member is unable to comply
with the general hours operating in icare because of
limited transport facilities, urgent personal reasons, community or family
reasons, the appropriate People Leader may vary the staff member's hours of
attendance on a one off, short or long-term basis, subject to the following:
18.1.1 the variation does
not adversely affect the operational requirements;
18.1.2 there is no
reduction in the total number of daily hours to be worked;
18.1.3 the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
18.1.4 a lunch break of
one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
18.1.5 no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
18.1.6 ongoing
arrangements are documented; and
18.1.7 the Association is
consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
19. Natural
Emergencies and Major Transport Disruptions
19.1 A staff member prevented
from attending work at a normal work location by a natural emergency or by a
major transport disruption may:
19.1.1 apply to vary the
working hours as provided in clause 18, Variation of Hours of this Award;
and/or
19.1.2 negotiate an
alternative working location with the icare; and/or
19.1.3 take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
20. Notification of
Absence from Duty
20.1 If a staff member
is to be absent from duty, other than on authorised leave, the staff member
must notify their People Leader, or must arrange for
the People Leader to be notified, as soon as possible, of the reason for the
absence.
20.2 If a staff member
is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate People
Leader, the amount representing the period of absence shall be deducted from
the staff member's pay.
21. Public Holidays
21.1 Unless directed
to attend for duty by the appropriate People Leader, a staff member is entitled
to be absent from duty without loss of pay on any day which is:
21.1.1 a public holiday
throughout the State; or
21.1.2 a local holiday in
that part of the State at or from which the staff member performs duty; or
21.1.3 a day between
Boxing Day and New Year's Day determined by the CEO&MD (icare
day)
21.2 A staff member
required by the appropriate People Leader to work on a local holiday may be
granted time off in lieu on an hour for hour basis for
the time worked on a local holiday.
21.3 If a local holiday
falls during a staff member's absence on leave, the staff member is not to be
credited with the holiday.
22. Standard Working
Hours
22.1 Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under the Flexible Working Hours Agreement, would equal the contract hours
required to be worked under the Agreement. Standard hours could be full time or
part-time.
22.2 Urgent Personal
Business - Where a staff member requires to undertake urgent personal business,
appropriate leave or time off may be granted by the appropriate People Leader.
Where time off has been granted, such time shall be made up as set out in subclause
22.4.
22.3 Late Attendance -
If a staff member is late for work, such staff member must either take
appropriate leave or, if the appropriate People Leader approves, make the time
up in accordance with subclause 22.4.
22.4 Making up of Time
- The time taken off in circumstances outlined in subclauses 22.2 and 22.3 must
be made up at the earliest opportunity. The time may be made up on the same day
or on a day or days agreed to between the staff member and the appropriate People
Leader.
23. Flexible Working
Hours
23.1 The parties to
this Award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are
committed to managing time worked to prevent any forfeiture of credit hours
accumulated under a flexible working hours agreement.
23.2 Unless local
arrangements have been negotiated as provided in clause 10, Local Arrangements
of this Award, and consistent with subclause 23.1, a flexible working hours
scheme in terms of this subclause may operate, subject to operational
requirements, as determined by the appropriate People Leader.
23.3 Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in icare, shall be
extended to a staff member working under a part time work arrangement. Except
for provisions contained in subclauses 23.11, 23.13 and 23.16, all other
provisions under this subclause shall be applied pro rata to a staff member
working under a part time work arrangement.
23.4 Exclusions -
Flexible working hours shall not apply to staff members who work:
23.4.1 permanent standard
hours; or
23.4.2 according to a
shift roster.
23.5 Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
23.6 Bandwidth - The
bandwidth shall be between the hours of 7.30 a.m. and 6.00 p.m., unless a
different time span has been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this Award.
23.7 Coretime - The coretime shall be
between the hours of 9.30 a.m. and 3.30 p.m., excluding the lunch break, unless
other arrangements have been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this Award.
23.8 Lunch break - The
standard lunch period shall be 1 hour. With the approval of the People Leader,
the lunch period may be extended by the staff member up to 2 and 1/2 hours or
reduced to not less than 30 minutes within the span of hours determined by the CEO&MD.
Where a local arrangement has been negotiated in terms of clause 10, Local
Arrangements of this Award, the lunch break shall be taken in accordance with
such local arrangement.
23.9 Settlement period
- Unless a local arrangement has been negotiated in terms of clause 10, Local
Arrangements of this Award, the settlement period shall be four weeks.
23.9.1 For time recording
purposes the settlement period and flex leave must coincide.
23.9.2 Where exceptional
circumstances apply, e.g. prolonged transport strikes, adverse weather
conditions and the like, the Chief Human Resources Officer may extend the
affected settlement period by a further 4 weeks.
23.10 Contract hours -
The contract hours for a settlement period shall be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
23.11 Flexible working
hours credit - a staff member may carry a maximum of 10 hours credit into the
next settlement period. Local arrangements in terms of clause 10, Local
Arrangements of this Award may be negotiated in respect of the carry over of additional flexible hours credit than
permitted in this clause, the length of the settlement period and the banking
of any accumulated credit hours for time worked.
23.12 Weekly hours
worked during the settlement period are to be monitored by the staff member and
their People Leader. If it appears that the staff member may exceed an
accumulated work time of 150 hours in a settlement period; or if the total
hours of work in a settlement period with the credit hour carry over from the
previous settlement period may exceed 150 hours, the People Leader and staff
member shall develop a strategy to ensure that the staff member does not
forfeit any of the credit hours accumulated, or likely to be accumulated.
23.13 Flexible Working
Hours Debit - The following provisions shall apply to the carry
over of flexible working hours debits, unless a local arrangement has
been negotiated in terms of clause 10, Local Arrangements of this Award:
23.13.1 A debit
of up to 10 hours at the end of a settlement period may be carried over into
the next period;
23.13.2 Where
the debit exceeds 10 hours, the excess will be debited as leave without pay,
unless the staff member elects to be granted available recreation or extended
leave to offset the excess.
23.13.3 Any
debit of hours outstanding on a staff member's last day of duty is to be
deducted from any unpaid salary or the monetary value of accrued
recreation/extended leave. If applicable, the debit of hours may be transferred
to another NSW government sector organisation under the mobility provisions of
Part 5 of the Government Sector
Employment Act 2013.
23.14 Cessation of duty
- A staff member may receive payment for a flex day accrued and remaining
untaken on the last day of service:
23.14.1 Where
the staff member's services terminate without a period of notice for reasons
other than misconduct; or
23.14.2 Where
an application for flex leave which would have
eliminated the accumulated day or days was made during the period of notice of retirement
or resignation and was refused or could not be granted; or
23.14.3 In such
other circumstances as have been negotiated between the Chief Human Resources
Officer and the Association under a local arrangement in terms of clause 10,
Local Arrangements of this Award; or
23.14.4 Prior
to a staff member’s last day of service the staff member and People Leader
shall ensure that a staff member does not forfeit any credit hours accumulated.
Strategies to reduce accumulated credit hours may include those outlined in
paragraph 23.16.2.
23.15 Where a staff
member ceases duty in icare in
order to take up employment in another Government sector organisation,
the same provisions as apply to recreation leave under Part 3, Division 2 of
the Government Sector Employment
Regulation 2014, Cross-government sector leave arrangements shall apply to
the accrued but untaken or not forfeited flex leave.
23.16 Flex leave -
Subject to operational requirements:
23.16.1 A staff
member may take off one full day or two half days in a settlement period of 4
weeks.
23.16.2 Where
it appears a staff member may exceed a 10 hour credit,
as per subclause 23.11 strategies to reduce this credit may include the
granting of additional full days, consecutive days, half days, or any
combination of days and half days.
23.16.3 Flex
leave may be taken on consecutive working days.
23.16.4 Absences
on flex leave may be combined with other periods of authorised leave.
23.16.5 Local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 10, Local Arrangements of this Award.
23.17 Absence during coretime - Where a staff member needs to take a short
period of authorised leave within coretime, other
than flex leave, the quantum of leave to be granted shall be determined
according to the provisions contained in clause 59, Absence from Work of this
Award.
23.18 Standard hours -
Notwithstanding the provisions of this clause, the appropriate People Leader
may direct the staff member to work standard hours and not flexible hours:
23.18.1 where
the appropriate People Leader decides that the working of flexible hours by a
staff member or members does not suit the operational requirements of icare, the Association shall be consulted, where
appropriate; or
23.18.2 as
remedial action in respect of a staff member who has been found to have
deliberately and persistently breached the flexible working hours scheme.
23.19 Easter concession
- Staff members who work under a flexible working hours scheme may be granted,
subject to the convenience of icare, an additional
half day's flex leave on the Thursday preceding the
Good Friday public holiday or, if directed to work, an additional half day’s
flex leave on another day within that settlement period.
24. Non-Compliance
In the event of any persistent
failure by a staff member to comply with the hours of duty required to be
worked, icare shall investigate such non-compliance
as soon as it comes to notice and shall take appropriate remedial action
according to Part 7, Performance Management of the Government Sector Employment
Rules 2014.
25. Flexible Work
Practices
Nothing in this Award shall
affect the hours of duty of a staff member who is covered by a written flexible
working hours agreement.
SECTION 3 - TRAVEL ARRANGEMENTS
26. Travelling
Compensation
26.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
place of work shall be met by icare.
26.2 The appropriate
People Leader shall require staff members to obtain an authorisation for all
official travel prior to incurring any travel expense.
26.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three diamond standard of accommodation.
26.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
26.5 icare will elect whether to pay the accommodation directly
or whether a staff member should pay the accommodation and be compensated in
accordance with this clause. Where
practicable, staff members shall obtain prior approval when making their own
arrangements for overnight accommodation.
26.6 Subject to
subclause 26.14, a staff member who is required by the appropriate People
Leader to work from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the staff
member's residence in order to perform the work.
26.7 If meals are
provided by icare at the temporary work location, the
staff member shall not be entitled to claim the meal allowance.
26.8 For the first 35
days, the payment shall be:
26.8.1 where icare elects to pay the accommodation provider the staff
member shall receive:
(a) the appropriate
meal allowance in accordance with Item 1 of Table 3 - Allowances of Part C
Monetary Rates and
(b) incidentals as
set out in Item 3 of Table 2 - Allowances of Part C Monetary Rates, and
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
26.8.2 where icare elects not to pay the accommodation provider the
staff member shall elect to receive either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 2 - Allowances of Part C
Monetary Rates, and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; or
(b) in lieu of
subparagraph (a) of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 2 of Table 2 - Allowances of Part C Monetary Rates.
26.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the appropriate People Leader that, despite
the period of absence being of less than 24 hours duration, expenditure for
accommodation and three meals has been incurred.
26.10 Where a staff
member is unable to so satisfy the appropriate People Leader, the allowance
payable for part days of travel shall be limited to the expenses incurred
during such part day travel.
26.11 After the first 35
days - If a staff member is required by the appropriate People Leader to work
in the same temporary work location for more than 35 days, such staff member
shall be paid the appropriate rate of allowance as specified in Item 2 of Table
2 - Allowances of Part C Monetary Rates.
26.12 Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause 26.11, icare may make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
26.13 The return of a
staff member to their home at weekends or during short periods of leave while
working from a temporary work location shall not constitute a break in the
temporary work arrangement.
26.14 This clause does
not apply to staff members who are on an employee-initiated secondment as
outlined in Part 5 of the Government
Sector Employment Act 2013.
27. Excess Travelling
Time
27.1 Excess Travelling
Time - A staff member directed by the appropriate People Leader to travel on
official business outside the usual hours of duty to perform work at a location
other than normal headquarters will, at the appropriate People Leader’s discretion,
be compensated for such time either by:
27.1.1 Payment calculated
in accordance with the provisions contained in this clause; or
27.1.2 If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
27.2 Compensation
under paragraphs 27.1.1 and 27.1.2 of this clause shall be subject to the
following conditions:
27.2.1 On a non-working
day - subject to the provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and
27.3.7, all time spent travelling on official business;
27.2.2 On a working day -
subject to the provisions of subclause 27.3, all time spent travelling on
official business outside the usual hours of duty, provided that the period for
which compensation is being sought is more than a half an hour on any one day.
27.3 Compensation for
excess travelling time shall exclude the following:
27.3.1 Time normally
taken for the periodic journey from home to headquarters and return;
27.3.2 Any periods of
excess travel of less than 30 minutes on any one day;
27.3.3 Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
27.3.4 Time from 11.00
p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have
been provided.
27.3.5 Travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
27.3.6 Time within the
flex time bandwidth;
27.3.7 Travel overseas.
27.4 Payment - Payment
for travelling time calculated in terms of this clause shall be at the staff
member’s ordinary rate of pay on an hourly basis calculated as follows:
|
Annual
salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal
hours of work
|
27.5 The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
27.6 Staff members
whose salary is in excess of the maximum rate for
Grade 5 shall be paid travelling time or waiting time calculated at the maximum
rate for Grade 5 plus $1.00 per annum, as adjusted from time to time.
27.7 Time off in lieu
or payment for excess travelling time or waiting time will not be granted or
made for more than eight hours in any period of 24 consecutive hours.
28. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a
journey to another location or to return home or headquarters and such time is
outside the normal hours of duty, the waiting time shall be treated and
compensated for in the same manner as excess travelling time pursuant to clause
27, Excess Travelling Time of this Award
29. Meal Expenses on
One-Day Journeys
29.1 A staff member
who is authorised by the appropriate People Leader to undertake a one-day
journey on official business which does not require the staff member to obtain
overnight accommodation, shall be paid the appropriate rate of allowance set
out in Item 1 - Allowances of Table 2 of Part C Monetary Rates for: -
29.1.1 Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
29.1.2 An evening meal
when required to travel until or beyond 6.30 p.m.; and
29.1.3 Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
30. Restrictions on
Payment of Travelling Allowances
30.1 An allowance
under clause 26, Travelling Compensation of this Award is not payable in
respect of:
30.1.1 Any period during
which the staff member returns to their residence at weekends or public holidays,
commencing with the time of arrival at that residence and ending at the time of
departure from the residence;
30.1.2 Any period of
leave, except with the approval of the appropriate People Leader or as
otherwise provided by this clause; or
30.1.3 Any other period
during which the staff member is absent from the staff member's temporary work
location otherwise than on official duty.
30.2 A staff member
who is in receipt of an allowance under clause 26, Travelling Compensation
shall be entitled to the allowance in the following circumstances:
30.2.1 When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member's residence; and for the return journey from
the staff member's residence to the temporary work location, or
30.2.2 When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the staff member's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
31. Increase or
Reduction in Payment of Travelling Allowances
31.1 Where the Group
Executive is satisfied that a travelling allowance is:
31.1.1 Insufficient to
adequately reimburse the staff member for expenses properly
and reasonably incurred, a further amount may be paid to reimburse the
staff member for the additional expenses incurred; or
31.1.2 In excess of the
amount which would adequately reimburse the staff member for expenses properly and reasonably incurred, the allowance may be
reduced to an amount which would reimburse the staff member for expenses
incurred properly and reasonably.
32. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Group Executive is prepared to accept other
evidence from the staff member.
33. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the appropriate People Leader having regard to the safety of the
staff member or members travelling on official business and local conditions
applicable in the area. Where staff members are required to attend conferences
or seminars which involve evening sessions or staff members are required to
make an early start at work in a location away from their normal workplace,
overnight accommodation shall be appropriately granted by the People Leader.
SECTION 4 - ALLOWANCES AND OTHER MATTERS
34. Allowance Payable
for Use of Private Motor Vehicle
34.1 The appropriate
People Leader may authorise a staff member to use a private motor vehicle for
work where:
34.1.1 Such use will
result in greater efficiency or involve icare in less
expense than if travel were undertaken by other means; or
34.1.2 Where the staff
member is unable to use other means of transport due to a disability.
34.2 A staff member
who, with the approval of the appropriate People Leader, uses a private motor
vehicle for work shall be paid an appropriate rate of allowance specified in
Item 4 of Table 2 of Part C Monetary Rates for the use of such private motor
vehicle. A deduction from the allowance
payable is to be made for travel as described in subclause 34.4.
34.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
34.3.1 The casual rate is
payable if a staff member elects, with the approval of the appropriate People
Leader, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
34.3.2 The official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a
component to compensate a staff member for owning and maintaining the vehicle.
34.4 Deduction from
allowance
34.4.1 Except as
otherwise specified in this Award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters and for any distance travelled in a private
capacity. A deduction will be made from any motor vehicle allowance paid, in
respect of such travel.
34.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
staff member is attached or from which the staff member is required to operate
on a long term basis or the designated headquarters
per paragraph 34.4.3.
34.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member is required to use
the private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) A staff
member's residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
34.4.4 On days when a
staff member uses a private vehicle for official business and travels to and
from home, whether or not the staff member during that
day visits headquarters, a deduction is to be made from the total distance
travelled on the day. The deduction is
to equal the distance from the staff member's residence to their headquarters
and return or 20 kilometres (whichever is the lesser) and any distance that is
travelled in a private capacity.
34.4.5 Where a
headquarters has been designated per paragraph 34.4.3 and the staff member is
required to attend the administrative headquarters, the distance for
calculating the daily deduction is to be the actual distance to and from the
administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
34.4.6 Deductions are not
to be applied in respect of days characterised as follows:
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is
exclusive of, and not in addition to, days referred to in subparagraphs (a),
(b) and (c) of this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided icare is satisfied that:
(i) at
the time of purchasing the periodical ticket the employee did not envisage the
use of their private motor vehicle on approved official business;
(ii) the periodical
ticket was in fact purchased; and
(iii) in regard to train travellers, no allowance is to be paid in
respect of distance between the staff member’s home and the railway station or
other intermediate transport stopping place.
34.5 The staff member
must have in force, in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under
the Motor Vehicles (Third Party
Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an
amount and in a form approved by the appropriate People Leader.
34.6 Expenses such
as tolls, etc., shall be refunded to staff members where the charge was
incurred during approved work related travel.
34.7 Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 4 of Table 2 - Allowances of Part
C, Monetary Rates.
35. Damage to Private
Motor Vehicle Used for Work
35.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by icare,
provided:
35.1.1 The damage is not
due to gross negligence by the staff member; and
35.1.2 The charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
35.2 Provided the
damage is not the fault of the staff member, icare
shall reimburse to a staff member the costs of repairs to a broken windscreen,
if the staff member can demonstrate that:
35.2.1 The damage was
sustained on approved work activities; and
35.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
36. Overseas Travel
Unless the Group Executive determines that a staff
member shall be paid travelling rates especially determined for the occasion, a
staff member required by icare to travel overseas on
official business shall be paid the appropriate overseas travelling allowance
rates as specified in the relevant Department of Premier and Cabinet Circular
as issued from time to time.
37. Exchanges
37.1 The Group
Executive may arrange two way or one way exchanges
with other organisations both public and private, if icare
or the staff member will benefit from additional training and development which
is intended to be used in the carrying out of icare’s
business.
37.2 The conditions
applicable to those staff members who participate in exchanges will be
determined by the Group Executive according to the individual circumstances in
each case (Item 6 of Table 2 - Allowances of Part C, Monetary Rates).
37.3 The provisions of
this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause
47, Conditions Applying to On Loan Arrangements of this Award apply to staff
members who are loaned to the Association.
38. Room at Home Used
as Office
38.1 Where no office
is provided in a particular location - Where it is impractical to provide an
office in a particular location, staff members stationed in such a location may
be required to use a spare room at their home as an office. In such cases, icare will be responsible for providing furniture,
telephone and other equipment, as required. In addition, an allowance as
specified in Item 7 of Table 2 - Allowances of Part C, Monetary Rates is
payable for the use of a room at home as an office.
38.2 Where an office
exists in a particular location - Where an office or offices already exist in a
particular location but the staff member and the
manager agree that the staff member could work from home on a short term or
longer term basis, the arrangement shall be negotiated in accordance with icare policy. The allowance set out in subclause 38.1 shall
not apply in these circumstances.
38.3 Requirements -
Arrangements under subclauses 38.1 or 38.2 shall be subject to:
38.3.1 A formal agreement
being reached in respect of the hours to be worked; and
38.3.2 The duties of the
Person Conducting the Business or Undertaking under relevant Work Health Safety
legislation to provide a safe work environment.
39. Uniforms,
Protective Clothing and Laundry Allowance
39.1 Uniform, etc.
provided by icare - A staff member who is required or
authorised by icare to wear a uniform, protective
clothing or other specialised clothing in connection with the performance of
official duties shall be provided by icare with such
clothing and shall be paid an allowance at the rate specified in Item 8 of
Table 2 - Allowances of Part C, Monetary Rates for laundering the uniform or
protective clothing.
39.2 Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing shall be met by icare.
39.3 Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
40. Compensation for
Damage to or Loss of Staff Member’s Personal Property
40.1 Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers
Compensation Act 1987 and/or under any insurance policy of icare covering the damage to or loss of the personal
property of the staff member.
40.2 If a claim under
subclause 40.1 is rejected by the insurer, the Group Executive may compensate a
staff member for the damage to or loss of personal property, if such damage or
loss:
40.2.1 Is due to the
negligence of icare, another staff member, or both,
in the performance of their duties; or
40.2.2 Is caused by a defect
in a staff member's material or equipment; or
40.2.3 Results from a
staff member’s protection of or attempt to protect icare
property from loss or damage.
40.3 Compensation in
terms of subclause 40.2 of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Group Executive may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
40.4 For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the staff member’s duties.
40.5 Compensation for
the damage sustained shall be made by icare where, in
the course of work, clothing or items such as spectacles, hearing aids, etc.,
are damaged or destroyed by natural disasters or by theft or vandalism.
41. Community Language
Allowance Scheme (CLAS)
41.1 Staff members who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients and such staff members are not:
41.1.1 Employed as
interpreters and translators; and
41.1.2 Employed in those
positions where particular language skills are an
integral part of essential requirements of the position, shall be paid an
allowance as specified in Item 1 of Table 2 - Allowances of Part C Monetary
Rates, subject to subclauses 41.2 and 41.3 of this clause.
41.2 The base level of
the CLAS is paid to staff members who:
41.2.1 are required to
meet occasional demands for language assistance (there is no regular pattern of
demand for their skill); and
41.2.2 have passed an
examination administered by Multicultural NSW, or who have a National
Accreditation Authority for Translators and Interpreters (NAATI) language
Recognition award.
41.3 The higher level
of CLAS is paid to staff members who meet the requirements for the base level
of payment and:
41.3.1 are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the staff member’s language skills, as determined by the appropriate
People Leader; or
41.3.2 have achieved
qualifications of NAATI interpreter level or above. This recognises that staff
with higher levels of language skill will communicate with an enhanced degree
of efficiency and effectiveness.
42. First Aid
Allowance
42.1 A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 11 of Table 3 - Allowances of Part C, Monetary Rates.
42.2 The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
42.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to a staff
member appointed as a First Aid Officer who:
42.3.1 is appointed to be in charge of a First-Aid room in a workplace of 200 or
more staff members; and
42.3.2 holds an
Occupational First-Aid Certificate issued within the previous three years.
42.4 The First Aid
Allowance shall not be paid during leave of one week or more.
42.5 When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
42.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training staff members who do not
already possess qualifications and who need to be trained to meet icare’s needs, and the cost of retraining First Aid
Officers, are to be met by icare.
43. Review of
Allowances Payable in Terms of This Award
43.1 Adjustment of
Allowances - Allowances contained in this Award shall be reviewed as follows:
43.1.1 Allowances listed
in this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause 26,
Travelling Compensation;
(b) Clause 29, Meal
Expenses on One Day Journeys; and
(c) Clause 86,
Overtime Meal Allowances.
43.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time in the Federal Budget or by the Australian Taxation Office (ATO)
if not provided in the Federal Budget:
(a) Clause 34,
Allowances Payable for the Use of Private Motor Vehicle.
43.1.3 Allowances payable
in terms of clauses listed in this paragraph shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) Clause 38, Room
at Home Used as Office; and
(b) Clause 86,
Overtime Meal Allowances.
43.1.4 Allowances payable in terms of clauses
listed in this paragraph shall continue to be subject to a percentage increase
under a Public Sector Award, Agreement or Determination and shall be adjusted
on and from the date or pay period the percentage increase takes effect:
(a) Clause 41, Community Language Allowance Scheme (CLAS);
(b) Clause 42, First Aid Allowance;
(c) Clause 84, On-Call (Stand-by) and On-Call Allowance.
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
44. Trade Union
Activities Regarded as on Duty
44.1 An Association
delegate will be released from the performance of normal duties when required
to undertake any of the activities specified below. While undertaking such
activities the Association delegate will be regarded as being on duty and will
not be required to apply for leave:
44.1.1 Attendance at
meetings with workplace management or workplace management representatives;
44.1.2 A reasonable
period of preparation time, before-
(a) meetings with management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
44.1.3 Giving evidence in
court on behalf of icare;
44.1.4 Appearing as a
witness before the Industrial Relations Commission;
44.1.5 Representing the
Association at the Industrial Relations Commission as an advocate or as a
Tribunal Member;
44.1.6 Presenting
information on the Association and Association activities at induction sessions
for new staff of icare; and
44.1.7 Distributing official
Association publications or other authorised material at the workplace,
provided that a minimum of 24 hours’ notice is given to workplace management,
unless otherwise agreed between the parties. Distribution time is to be kept to
a minimum and is to be undertaken at a time convenient to the workplace.
45. Trade Union
Activities Regarded as Special Leave
45.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
45.1.1 Annual conferences
of the Association;
45.1.2 Meetings of the
Association’s Executive, Councils, Industry and Advisory Groups;
45.1.3 Annual conference
of Unions NSW and the Australian Council of Trade Unions;
45.1.4 Attendance at
meetings called by Unions NSW involving the Association which requires
attendance of a delegate;
45.1.5 Attendance at
meetings called by the Board, as the employer for industrial purposes, as and
when required;
45.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Association;
45.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 44, 45 and 46 apply.
46. Trade Union
Training Courses
46.1 Courses organised
and conducted by the Trade Union Education Foundation or by the Association or
a training provider nominated by the Association will attract the grant of
special leave. A maximum of 12 working days in any period of 2 years applies to
this training and is subject to: -
46.1.1 The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
46.1.2 Payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowance/penalty rates, overtime, etc.;
46.1.3 All travelling and
associated expenses being met by the staff member or the Association;
46.1.4 Attendance being
confirmed in writing by the Association or a nominated training provider.
47. Conditions Applying
to on Loan Arrangements
47.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
47.1.1 Meetings interstate or in NSW of a Federal
nature to which an Association member has been nominated or elected by the
Association: -
(a) As an Executive Member; or
(b) A member of a Federal Council; or
(c) Vocational or industry committee.
47.1.2 Briefing counsel
on behalf of the Association;
47.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
47.1.4 Country tours
undertaken by a member of the executive or Council of the Association;
47.1.5 Taking up of full time duties with the Association if elected to the
office of President, General Secretary or to another full time position with
the Association.
47.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association: -
(a) icare will continue to pay the delegate or an authorised
Association representative whose services are on loan to the Association;
(b) icare will seek reimbursement from the Association at
regular intervals of all salary and associated on costs, including
superannuation, as specified by the NSW Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a
manner negotiated between icare and the Association.
47.1.7 Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
47.1.8 Limitation - On
loan arrangements may apply to full-time or part-time staff and are to be kept
to the minimum time required. Where the Association needs to extend an on loan arrangement, the Association shall approach the
Chief Human Resources Officer in writing for an extension of time well in
advance of the expiration of the current period of on loan arrangement.
47.1.9 Where the Chief
Human Resources Officer and the Association cannot agree on the on loan arrangement, the matter is to be referred to the
CEO&MD for determination after consultation with the Chief Human Resources
Officer and the Association.
48. Period of Notice
for Trade Union Activities
The Chief Human Resources Officer must be notified in
writing by the Association or, where appropriate, by the accredited delegate as
soon as the date and/or time of the meeting, conference or other accredited
activity is known.
49. Access to
Facilities by Trade Union Delegates
49.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
49.1.1 Telephone,
facsimile, internet and email facilities;
49.1.2 A notice board for
material authorised by the Association or access to staff notice boards for
material authorised by the Association;
49.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
50. Responsibilities
of the Trade Union Delegate
50.1 Responsibilities
of the Association delegate are to:
50.1.1 Establish accreditation
as a delegate with the Association and provide proof of accreditation to the workplace;
50.1.2 Participate in the
workplace consultative processes, as appropriate;
50.1.3 Follow the dispute
settling procedure applicable in the workplace;
50.1.4 Provide sufficient
notice to the People Leader of any proposed absence on authorised Association business;
50.1.5 Account for all
time spent on authorised Association business;
50.1.6 When special leave
is required, to apply for special leave in advance;
50.1.7 Distribute
Association literature/membership forms, under local arrangements negotiated
between the Chief Human Resources Officer and the Association; and
50.1.8 Use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
51. Responsibilities
of the Trade Union
51.1 Responsibilities
of the Association are to:
51.1.1 Provide written
advice to the Chief Human Resources Officer about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
51.1.2 Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 52.1.3 of Responsibilities of
Workplace Management of this Award;
51.1.3 Pay promptly any
monies owing to the workplace under a negotiated on
loan arrangement;
51.1.4 Provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
51.1.5 Apply to the Chief
Human Resources Officer well in advance of any proposed extension to the
"on loan" arrangement;
51.1.6 Assist the workplace
management in ensuring that time taken by the Association delegate is accounted
for and any facilities provided by the employer are used reasonably and
properly; and
51.1.7 Advise employer of
any leave taken by the Association delegate during the on
loan arrangement.
52. Responsibilities
of Workplace Management
52.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
52.1.1 Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
52.1.2 Advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
52.1.3 Meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
52.1.4 Where possible, to
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking Association responsibilities to assist with the
business of workplace management;
52.1.5 Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
52.1.6 Where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flexi
leave, to apply the provisions of paragraph 52.1.5;
52.1.7 To continue to pay
salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
52.1.8 To verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
52.1.9 If the time and/or
the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
53. Right of Entry
Provisions
The right of entry provisions shall be as prescribed
under the relevant Work Health and Safety legislation and the Industrial Relations Act 1996.
54. Travelling and
Other Costs of Trade Union Delegates
54.1 Except as
specified in paragraph 52.1.3 of Responsibilities of Workplace Management of
this Award, all travel and other costs incurred by accredited Association
delegates in the course of Association activities will
be paid by the Association.
54.2 In respect of
meetings called by the workplace management in terms of paragraph 52.1.3
of Responsibilities of Workplace
Management of this Award, the payment of travel and/or accommodation costs,
properly and reasonably incurred, is to be made, as appropriate, on the same
conditions as apply under clauses 26, Travelling Compensation, 29, Meal
Expenses on One-Day Journeys, or 30, Restrictions on Payment of Travelling
Allowances of this Award.
54.3 No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from icare, in respect of
Association activities covered by special leave or on duty activities provided
for in this clause.
54.4 The on loan arrangements shall apply strictly as negotiated and
no extra claims in respect of the period of on loan shall be made on icare by the Association or the staff member.
55. Industrial Action
55.1 Provisions of the
Industrial Relations Act 1996 shall
apply to the right of Association members to take lawful industrial action
(Note the obligations of the parties under clause 8, Grievance and Dispute
Settling Procedures).
55.2 There will be no
victimisation of staff members prior to, during or following such industrial
action.
56. Consultation and
Technological Change
There shall be effective means of consultation, as set
out in the relevant Consultative Arrangements Policy and Guidelines document,
on matters of mutual interest and concern, both formal and informal, between icare and Association.
57. Deduction of Trade
Union Membership Fees
At the staff member’s election, the Chief Human
Resources Officer shall provide for the staff member’s Association membership
fees to be deducted from the staff member’s pay and ensure that such fees are
transmitted to the staff member’s Association at regular intervals. Alternative
arrangements for the deduction of Association membership fees may be negotiated
between the Chief Human Resources Officer and the Association in accordance
with clause 10, Local Arrangements of this Award.
SECTION 6 - LEAVE
58. Leave - General
Provisions
58.1 The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Chief Human Resources Officer and the
Association in terms of clause 10, Local Arrangements of this Award.
58.2 Unless otherwise
specified, part-time staff members will receive the paid leave provisions of
this Award on a pro rata basis, calculated according to the number of hours
worked per week.
58.3 Where paid and
unpaid leave is available to be granted in terms of this Award, paid leave
shall be taken before unpaid leave.
59. Absence from Work
59.1 A staff member
must not be absent from work unless reasonable cause is shown.
59.2 If a staff member
is to be absent from duty because of illness or other emergency, the staff
member shall notify or arrange for another person to notify the People Leader
as soon as possible of the staff member's absence and the reason for the
absence.
59.3 If a satisfactory
explanation for the absence, is not provided, the staff member will be regarded
as absent from duty without authorised leave and the appropriate People Leader
shall deduct from the pay of the staff member the amount equivalent to the period
of the absence.
59.4 The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
59.5 Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
60. Applying for Leave
60.1 An application by
a staff member for leave under this Award shall be made to and dealt with by
the appropriate People Leader.
60.2 The appropriate
People Leader shall deal with the application for leave according to the wishes
of the staff member, if the operational requirements of icare
permit this to be done.
61. Extended Leave
61.1 Definition of
"service"
61.1.1 For the purposes
of Extended leave, service includes:
(a) in the case of
a staff member who has completed at least 10 years’ service-any period of leave
without pay, not exceeding 6 months, taken after 13
December 1963, and
(b) service
occurring before 24 February 2014, including service of the kind referred to in
paragraph (a).
61.1.2 Subject to clauses
61.2.3 and 61.3.3 for the purpose of determining whether or
not a staff member has completed at least 10 years’ service, as referred
to in subclause 61.1.1(a), the staff member’s period of service is taken:
(a) to include any
period of leave without pay taken before 13 December 1963, and
(b) to exclude any
period of leave without pay taken after 13 December 1963.
61.2 Extended leave
entitlements generally
61.2.1 After service for
7 years or more but not more than 10 years, a staff member is entitled to
extended leave, proportionate to his or her length of service, calculated at
the rate of:
(a) 2 months on
full pay, or
(b) 4 months on
half pay, or
(c) one month on
double pay,
for 10 years served.
61.2.2 After service for
more than 10 years, a staff member is entitled to extended leave under
subclause 61.2.1 in respect of the first 10 years and additional extended
leave, proportionate to his or her length of service, calculated at the rate
of:
(a) 5 months on
full pay, or
(b) 10 months on
half pay, or
(c) 2.5 months on
double pay,
for each 10 years served after the first 10 years.
61.2.3 For the purposes of
this clause, service includes any period of leave without pay taken before 13
December 1963.
61.3 Entitlement to
extended leave if employment terminated in special circumstances
61.3.1 This clause
applies to a staff member with at least 5 years’ service but less than 7 years’
service whose services are terminated:
(a) by the staff
member for reasons of illness, incapacity or domestic or other pressing
necessity, or
(b) by icare for reasons other than for misconduct.
61.3.2 The staff member
is entitled to:
(a) for 5 years’
service-one month’s leave on full pay, and
(b) for further service in
excess of 5 years-additional leave proportionate to the staff member’s
length of service (up to but not including 7 years), calculated at the rate of
3 months’ leave for 15 years’ service.
61.3.3 For the purposes
of this clause, service does not include any period of leave without pay,
whether taken before, on or after 13 December 1963.
61.4 Payment of
accrued leave on termination of employment
61.4.1 If a staff member has acquired a right
to extended leave and his or her services are terminated, the staff member may
not take the extended leave but is instead to be paid the money value of the
extended leave.
61.4.2 Any pension to which
any such staff member is entitled under the Superannuation
Act 1916 commences from and including the date on which the staff members’
extended leave, if taken, would have commenced.
61.5 Leave to be paid out
to dependants in cases of death
61.5.1 If a staff member
has acquired a right to extended leave and dies before starting it, or after
starting it dies before completing it:
(a) the staff
member’s spouse, or
(b) if there is no
such spouse, the staff member’s children, or
(c) if there is no
such spouse or child, the person who, in the opinion of the Chief Human
Resources Officer, was, at the time of the staff member’s death, a dependent
relative of the staff member,
is entitled to receive the money value of the extended
leave not taken or not completed.
61.5.2 If a staff member
with at least 5 years’ service but less than 7 years’ service dies:
(a) the staff
member’s spouse, or
(b) if there is no
such spouse, the staff member’s children, or
(c) if there is no
such spouse or child, the person who, in the opinion of the Chief Human
Resources Officer, was, at the time of the staff member’s death, a dependent
relative of the staff member,
is entitled to receive the money value of the extended
leave that would have accrued to the staff member had his or her services
terminated as referred to in clause 61.3.1.
61.5.3 If there is a
guardian of any child referred to in subclause 61.5.1(b) or 61.5.2(b), the
payment to which the child is entitled may be made to the child’s guardian for
the child’s maintenance, education and advancement.
61.5.4 If:
(a) no person is
entitled to receive a payment under subclause 61.5.1 or 61.5.2, or
(b) it appears to the
Chief Human Resources Officer that more than one person is entitled as a spouse
to a payment under subclause 61.5.1 or 61.5.2,
the payment must instead be made to the staff member’s
personal representatives.
61.5.5 Any payment under
this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
61.5.6 In this clause,
spouse of a staff member includes a de facto partner of the staff member at the
time of his or her death.
Note. De facto partner is defined in section 21C of the
Interpretation Act 1987.
61.6 Leave entitlement
reduced by leave already taken or paid out
61.6.1 The following
amounts of extended leave are to be deducted from a staff member’s extended
leave entitlement:
(a) for each period
of extended leave taken on full pay-the number of days (or parts of a day) so
taken,
(b) for each period
of extended leave taken on half pay-half the number of days (or parts of a day)
so taken,
(c) for each period
of extended leave taken on double pay-twice the number of days (or parts of a
day) so taken,
(d) for each period
of extended leave in respect of which the staff member has been paid the money
value-the number of days of extended leave on full pay that is equivalent to
the money paid.
61.6.2 If a public
holiday occurs while a staff member is taking extended leave, the amount of
extended leave to be deducted is to be reduced by the length of the holiday
(one day or half a day, as the case requires).
61.6.3 In subclause
61.6.2, public holiday means any special or public holiday for which the staff
member is entitled to payment.
62. Family and
Community Service Leave
62.1 The appropriate
People Leader shall grant to a staff member some, or all of
their accrued family and community service leave on full pay, for reasons
relating to unplanned and emergency family responsibilities or other
emergencies as described in subclause 62.2. The appropriate People Leader may
also grant leave for the purposes in subclause 62.3. Non-emergency appointments or duties shall be
scheduled or performed outside of normal working hours or through approved use
of flexible working arrangements or other appropriate leave.
62.2 Such unplanned
and emergency situations may include, but not be limited to, the following: -
62.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
62.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
62.2.3 Emergency or
weather conditions; such as when flood, fire, snow or
disruption to utility services etc, threatens a staff member’s property and/or
prevents a staff member from reporting for duty;
62.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child
care providers;
62.2.5 Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
appropriate People Leader considers the granting of family and community
service leave to be appropriate in a particular case.
62.3 Family and
community service leave may also be granted for:
62.3.1 An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Council or
Chairperson of a County Council; and
62.3.2 Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
62.4 The definition of
"family" or "relative" in this clause is the same as that
provided in paragraph 72.4.2 of Sick Leave to Care for a Family Member of this
Award.
62.5 Family and
community service leave shall accrue as follows:
62.5.1 two and a half
days in the staff member’s first year of service;
62.5.2 two and a half
days in the staff member’s second year of service; and
62.5.3 one day per year
thereafter.
62.6 If available family
and community service leave is exhausted as a result of
natural disasters, the Group Executive shall consider applications for
additional family and community service leave, if some other emergency arises.
62.7 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
62.8 In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 72, Sick Leave to Care
for a Family Member of this Award shall be granted when paid family and
community service leave has been exhausted or is unavailable.
62.9 The appropriate
People Leader may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
63. Leave Without Pay
63.1 The appropriate
People Leader may grant leave without pay to a staff member if good and
sufficient reason is shown.
63.2 Leave Without Pay
May be Granted on a Full-Time Or a Part-Time Basis.
63.3 Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
63.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
63.5 A staff member
who has been granted leave without pay shall not engage in employment of any
kind during the period of leave without pay, unless prior approval has been
obtained from the Group Executive.
63.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
63.7 No paid leave
shall be granted during a period of leave without pay.
63.8 A permanent
appointment may be made to the staff member’s position if:
63.8.1 the leave without
pay has continued or is likely to continue beyond the original period of
approval and is for a total period of more than 12 months; and
63.8.2 the staff member
is advised of icare’s proposal to permanently
backfill their position; and
63.8.3 the staff member
is given a reasonable opportunity to end the leave without pay and return to
their position; and
63.8.4 icare advised the staff member at the time of the
subsequent approval that the position will be filled on a permanent basis
during the period of leave without pay.
63.9 The position
cannot be filled permanently unless the above criteria are satisfied.
63.10 The staff member
does not cease to be employed by icare if their
position is permanently backfilled.
63.11 Subclause 63.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with sub-paragraph 66.9.1(a) of Parental Leave or to military leave.
64. Military Leave
64.1 During the period
of 12 months commencing on 1 July each year, the appropriate People Leader may
grant to a staff member who is a volunteer part-time member of the Defence
Forces, military leave on full pay to undertake compulsory annual training and
to attend schools, classes or courses of instruction or compulsory parades
conducted by the staff member’s unit.
64.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent a staff member from rendering or volunteering to render, ordinary
Defence Reserve Service.
64.3 Up to 24 working
days military leave per financial year may be granted by the appropriate People
Leader to members of the Naval and Military Reserves and up to 28 working days
per financial year to members of the Air Force Reserve for the activities specified
in subclause 64.1.
64.4 A appropriate
People Leader may grant a staff member special leave of up to 1 day to attend
medical examinations and tests required for acceptance as volunteer part time
members of the Australian Defence Forces.
64.5 A staff member
who is requested by the Australian Defence Forces to provide additional
military services requiring leave in excess of the
entitlement specified in subclause 64.3 of this clause may be granted Military
Leave Top Up Pay by the Group Executive.
64.6 Military Leave
Top up Pay is calculated as the difference between a
staff member’s ordinary pay as if they had been at work, and the Reservist’s
pay which they receive from the Commonwealth Department of Defence.
64.7 During a period of
Military Leave Top up Pay, a staff member will
continue to accrue sick leave, recreation and extended leave entitlements, and icare will continue to make superannuation contributions at
the normal rate.
64.8 At the expiration
of military leave in accordance with subclause 64.3 or 64.4, the staff member
shall furnish to the appropriate People Leader a certificate of attendance and
details of the staff members reservist pay signed by the commanding officer or other
responsible officer.
65. Observance of
Essential Religious Or Cultural Obligations
65.1 A staff member
of:
65.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
65.1.2 Employees who are
Aboriginal and Torres Strait Islanders shall be entitled to one day during
NAIDOC week so that they can participate in National Aboriginal and Islander
Day celebrations; or
65.1.2 Any
ethnic or cultural background who seeks leave for the purpose of observing any
essential cultural obligations, may be granted recreation/extended leave to
credit, flex leave or leave without pay to do so.
65.2 Provided adequate
notice as to the need for leave is given by the staff member to icare and it is operationally convenient to release the
staff member from duty, the appropriate People Leader must grant the leave
applied for by the staff member in terms of this clause.
65.3 A staff member of
any religious faith who seeks time off during daily working hours to attend to
essential religious obligations of that faith, shall be granted such time off
by the appropriate People Leader, subject to:
65.3.1 Adequate notice
being given by the staff member;
65.3.2 Prior approval
being obtained by the staff member; and
65.3.3 The time off being
made up in the manner approved by the appropriate People Leader.
65.4 Notwithstanding
the provisions of subclauses 65.1, 65.2 and 65.3, arrangements may be
negotiated between icare and the Association in terms
of clause 10, Local Arrangements of this Award to provide greater flexibility
for staff members for the observance of essential religious or cultural
obligations.
66. Parental Leave
66.1 Parental leave
includes maternity, adoption and "other parent" leave.
66.2 Maternity leave shall
apply to a staff member who is pregnant and, subject to this clause the staff
member shall be entitled to be granted maternity leave as follows:
66.2.1 For a period up to
9 weeks prior to the expected date of birth; and
66.2.2 For a further
period of up to 12 months after the actual date of birth.
66.2.3 A staff member who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
66.3 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
66.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
66.3.2 For such period,
not exceeding 12 months on a full-time basis, as the appropriate People Leader
may determine, if the child has commenced school at the date of the taking of
custody.
66.3.3 Special Adoption
Leave - A staff member shall be entitled to special adoption leave (without
pay) for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
66.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
66.4.1 Short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
66.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
66.4.1. Extended other parental leave may commence at any time up to 2 years
from the date of birth of the child or the taking of custody of the child.
66.5 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
66.5.1 applied for
parental leave within the time and in the manner determined set out in
subclause 66.10; and
66.5.2 prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
66.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a
lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination of
full pay and half pay.
66.6 Payment for
parental leave is at the rate applicable when the leave is taken. A staff
member holding a full time position who is on part
time leave without pay when they start parental leave is paid:
66.6.1 at the full time rate if they began part time leave 40 weeks or
less before starting parental leave;
66.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
66.6.3 at the rate based
on the average number of weekly hours worked during the 40
week period if they have been on part time leave for more than 40 weeks
but have changed their part time work arrangements during that period.
66.7 A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
66.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
66.7.2 at a rate based on
the hours worked before the initial leave was taken, where the staff member has
returned to work and reduced their hours during the 24 month
period; or
66.7.3 at a rate based on
the hours worked prior to the subsequent period of leave where the staff member
has not reduced their hours.
66.8 Except as
provided in subclauses 66.5, 66.6 and 66.7, parental leave shall be granted
without pay.
66.9 Right to request
66.9.1 A staff member who
has been granted parental leave in accordance with subclause
66.2, 66.3 or 66.4 may make a request to the appropriate People Leader to:
(a) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(b) return from a
period of full time parental leave on a part time
basis until the child reaches school age (Note: returning to work from parental
leave on a part time basis includes the option of returning to work on part
time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
66.9.2 The appropriate
People Leader shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or icare's
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
66.10 Notification
Requirements
66.10.1 When icare is made
aware that a staff member or their spouse is pregnant or is adopting a child,
the appropriate People Leader must inform the staff member of their
entitlements and their obligations under this Award.
66.10.2 A staff member who wishes to take parental
leave must notify the appropriate People Leader in writing at least 8 weeks (or
as soon as practicable) before the expected commencement of parental leave:
(a) that she/he
intends to take parental leave, and
(b) the expected
date of birth or the expected date of placement, and
(c) if she/he is
likely to make a request under subclause 66.9 of this clause.
66.10.3 At least 4 weeks before a staff member's
expected date of commencing parental leave they must advise:
(a) the date on
which the parental leave is intended to start, and
(b) the period of
leave to be taken.
66.10.4 Staff member’s request and the appropriate People
Leader’s decision to be in writing.
The staff member’s request
under paragraph 66.9.1 and the appropriate People Leader’s decision made under
paragraph 66.9.2 must be recorded in writing.
66.10.5 A staff member intending to request to return
from parental leave on a part time basis or seek an additional period of leave
of up to 12 months must notify the appropriate People Leader in writing as soon
as practicable and preferably before beginning parental leave. If the
notification is not given before commencing such leave, it may be given at any
time up to 4 weeks before the proposed return on a part time basis, or later if
the appropriate People Leader agrees.
66.10.6 A staff member on maternity leave is to notify
icare of the date on which she gave birth as soon as
she can conveniently do so.
66.10.7 A staff member must notify icare
as soon as practicable of any change in her intentions as a
result of premature delivery or miscarriage.
66.10.8 A staff member on maternity or adoption leave
may change the period of leave or arrangement, once without the consent of icare and any number of times with the consent of icare. In each case she/he must give icare
at least 14 days’ notice of the change unless the appropriate People Leader
decides otherwise.
66.11 A staff member has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 66.9, and she/he resumes duty
immediately after the approved leave or work on a part time basis.
66.12 If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing,
the staff member shall be appointed to a position of the same grade and
classification as the staff member’s former position.
66.13 A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the appropriate People Leader approves a return
to work on a part time basis then the position
occupied is to be at the same classification and grade as the former position.
66.14 A staff member who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back
to such leave. This may be done once only, and a minimum of 4 weeks’ notice (or
less if acceptable) must be given.
66.15 A staff member who
is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
66.16 A staff member may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
66.17 A staff member may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
66.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
66.17.2 the
total period of parental leave is not extended by the taking of recreation
leave at half pay;
66.17.3 when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
66.18 If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
appropriate People Leader, should, in consultation with the staff member, take
all reasonable measures to arrange for safer alternative duties. This may
include but is not limited to greater flexibility in when and where duties are
carried out, a temporary change in duties, retraining, multi-skilling,
teleworking and job redesign.
66.19 If such
adjustments cannot reasonably be made, the appropriate People Leader must grant
the staff member maternity leave, or any available sick leave, for as long as
it is necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
66.20 Communication
during parental leave
66.20.1 Where a staff member is on parental leave and
a definite decision has been made to introduce significant change at the
workplace, icare shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(b) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
66.20.2 The staff member shall take reasonable steps
to inform the appropriate People Leader about any significant matter that will
affect the staff member’s decision regarding the duration of parental leave to
be taken, whether the staff member intends to return to work and whether the
staff member intends to request to return to work on a part time basis.
66.20.3 The staff member shall also notify the
appropriate People Leader of changes of address or other contact details which
might affect icare’s capacity to comply with
paragraph 66.20.1.
66A. Sector-Wide
Parental Leave Enhancements
66A.1 Additional parental
leave provisions were introduced from I July 2021 to provide gender neutral
parental leave, special leave for pre-term births and miscarriage leave.
Further enhancements introduced on 1 October 2022 provide for paid parental
leave for employees providing permanent out-of-home care, leave for fertility
treatment, and an additional two weeks' parental leave where each parent in a
couple has exhausted the paid parental leave provisions provided by their
employer.
66A.2 Employees are entitled
to these enhancements as set out in relevant Premier's Memoranda.
67. Purchased Leave
67.1 A staff member
may apply to enter into an agreement with icare to
purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
67.1.1 Each application
will be considered subject to operational requirements and personal needs and
will take into account the business needs and work
demands.
67.1.2 The leave must be
taken in the 12 month period specified in the
Purchased Leave Agreement and will not attract any leave loading.
67.1.3 The leave will
count as service for all purposes.
67.2 The purchased
leave will be funded through the reduction in the staff member’s ordinary rate
of pay.
67.2.1 Purchased leave
rate of pay means the rate of pay a staff member receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
67.2.2 To calculate the
purchased leave rate of pay, the staff member’s ordinary salary rate will be reduced by
the number of weeks of purchased leave and then annualised at a pro rata rate
over the 12 month period.
67.3 Purchased leave
is subject to the following provisions:
67.3.1 The purchased leave cannot be accrued and
will be refunded where it has not been taken in the 12 month
period.
67.3.2 Other leave taken during the 12 month purchased leave agreement period i.e. sick leave,
recreation leave, extended leave or leave in lieu will be paid at the purchased
leave rate of pay.
67.3.3 Sick leave cannot be taken during a period
of purchased leave.
67.3.4 The purchased leave rate of pay will be the
salary for all purposes including superannuation and shift loadings.
67.3.5 Overtime and salary related allowances not paid
during periods of recreation leave will be calculated using the staff member’s
hourly rate based on the ordinary rate of pay.
67.3.6 Higher Duties Allowance will not be paid
when a period of purchased leave is taken.
67.4 Specific
conditions governing purchased leave may be amended from time to time by the
Chief Human Resources Officer in consultation with the Association. The Chief Executive in consultation with the
Board may make adjustments relating to their salary
administration arrangements.
68. Recreation Leave
68.1 Accrual
68.1.1 Except where stated otherwise in this Award,
paid recreation leave for full time staff members and
recreation leave for staff members working part time, accrues at the rate of 20
working days per year. Staff members working part time shall accrue paid
recreation leave on a pro rata basis, which will be determined on the average
weekly hours worked per leave year.
68.1.2 Additional recreation leave, at the rate of
5 days per year, accrues to a staff member, who is stationed indefinitely in a
remote area of the State, being the Western and Central Division of the State
described as such in the Second Schedule to the Crown Lands Consolidation Act 1913
before its repeal.
68.1.3 Recreation leave accrues from day to day.
68.2 Limits on
Accumulation and Direction to Take Leave
68.2.1 At least two (2) consecutive weeks of
recreation leave shall be taken by a staff member every 12 months, except by
agreement with the appropriate People Leader in special circumstances.
68.2.2 Where the operational requirements permit,
the application for leave shall be dealt with by the appropriate People Leader
according to the wishes of the staff member.
68.2.3 The appropriate People Leader shall notify
the staff member in writing when accrued recreation leave reaches 6 weeks or
its hourly equivalent and at the same time may direct a staff member to take at
least 2 weeks recreation leave within 3 months of the notification at a time
convenient to icare.
68.2.4 The appropriate People Leader shall notify
the staff member in writing when accrued recreation leave reaches 8 weeks or
its hourly equivalent and direct the staff member to take at least 2 weeks
recreation leave within 6 weeks of the notification. Such leave is to be taken
at a time convenient to icare.
68.2.5 A staff member must take their recreation
leave to reduce all balances below 8 weeks or its hourly equivalent, and icare must cooperate in this process. icare
may direct a staff member with more than 8 weeks to take their recreation leave
so that it reduces to below 8 weeks.
68.3 Conservation of
Leave - If the appropriate People Leader is satisfied that a staff member is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of between 4 and 6
weeks or its hourly equivalent, the appropriate People Leader shall: -
68.3.1 Specify in writing the period
of time during which the excess shall be conserved; and
68.3.2 On the expiration of the period during which
conservation of leave applies, grant sufficient leave to the staff member at a
mutually convenient time to enable the accrued leave to be reduced to an
acceptable level below the 8 week limit.
68.3.3 An appropriate People Leader will inform a
staff member in writing on a regular basis of the staff member’s recreation
leave accrual.
68.4 Miscellaneous
68.4.1 Unless a local arrangement has been
negotiated between the Chief Human Resources Officer and the Association,
recreation leave is not to be granted for a period less than a quarter-day or
in other than multiples of a quarter day.
68.4.2 Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
68.4.3 Recreation leave does not accrue to a staff
member in respect of any period of absence from duty without leave or without
pay, except as specified in paragraph 68.4.4.
68.4.4 Recreation leave accrues during any period
of leave without pay granted on account of incapacity for which compensation
has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
68.4.5 The proportionate deduction to be made in
respect of the accrual of recreation leave on account of any period of absence
referred to in paragraph 68.4.4 shall be calculated to an exact quarter-day
(fractions less than a quarter being rounded down).
68.4.6 Recreation leave accrues at half its normal
accrual rate during periods of extended leave on half pay or recreation leave
taken on half pay.
68.4.7 Recreation leave may be taken on half pay in
conjunction with and subject to the provisions applying to adoption, maternity
or parental leave - see clause 66, Parental Leave of this Award.
68.4.8 On cessation of employment, a staff member
is entitled to be paid, the money value of accrued recreation leave which remains untaken.
68.4.9 A staff member to whom paragraph 68.4.8
applies may elect to take all or part of accrued recreation leave which remains
untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.
68.5 Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's nominated
beneficiary.
68.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
68.6.1 To the widow or widower of the staff member;
or
68.6.2 If there is no widow or widower, to the
children of the staff member or, if there is a guardian of any children
entitled under this subclause, to that guardian for the children's maintenance,
education and advancement; or
68.6.3 If there is no such widow, widower or
children, to the person who, in the opinion of the Chief Human Resources
Officer was, at the time of the staff member's death, a dependent relative of
the staff member; or
68.6.4 If there is no person entitled under
paragraphs 68.6.1, 68.6.2 or 68.6.3 to receive the money value of any leave not
taken or not completed by a staff member or which would have accrued to the
staff member, the payment shall be made to the personal representative of the
staff member.
68.7 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays Shift workers who are rostered to work their ordinary hours on Sundays
and/or Public Holidays during the period 1 December of one year to 30 November,
of the following year, or part thereof, shall be entitled to receive additional
annual leave or payment as provided for in subclauses 79.5 or 79.6 respectively
of clause 79, Shift Work of this Award.
68.8 Recreation leave
does not accrue during leave without pay other than
68.8.1 military leave taken without pay when paid
military leave entitlements are exhausted;
68.8.2 absences due to natural emergencies or major
transport disruptions, when all other paid leave is exhausted;
68.8.3 any continuous period of sick leave taken
without pay when paid sick leave is exhausted;
68.8.4 incapacity for which compensation has been
authorised under the Workplace Injury
Management and Workers Compensation Act 1998; or
68.8.5 periods which when aggregated, do not exceed
5 working days in any period of 12 months.
68.9 A staff member
entitled to additional recreation leave under paragraph 68.1.2, or under
paragraphs 79.7.6 or 79.8.5 of clause 79, Shift Work of this Award, can elect
at any time to cash out the additional recreation leave.
69. Annual Leave
Loading
69.1 General -
Subject to the provisions set out in subclause 69.2 the annual leave loading
shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued
in a leave year.
69.2 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
69.2.1 The shift premiums and penalty rates, or any
other allowances paid on a regular basis in lieu thereof, which they would have
received had they not been on recreation leave; or
69.2.2 17½% annual leave loading.
69.3 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
69.4 Payment of annual
leave loading for the leave year to 30 November shall be paid in the first full
pay period in December of that calendar year.
69.5 Except
in cases of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
70. Sick Leave
70.1 Illness in this
clause and in clauses 71 and 72 of this Award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
70.2 Payment for sick
leave is subject to the staff member:
70.2.1 Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done as
close to the staff member’s starting time as possible; and
70.2.2 Providing evidence
of illness as soon as practicable if required by clause 71, Sick Leave -
Requirements for Evidence of Illness of this Award.
70.3 If the
appropriate People Leader is satisfied that a staff member is unable to perform
duty because of the staff member's illness or the illness of his/her family
member, the appropriate People Leader:
70.3.1 Shall grant to the
staff member sick leave on full pay; and
70.3.2 May grant to the
staff member, sick leave without pay if the absence of
the staff member exceeds the entitlement of the staff member under this Award
to sick leave on full pay.
70.4 The appropriate
People Leader may direct a staff member to take sick leave if they are
satisfied that, due to the staff member’s illness, the staff member:
70.4.1 is unable to carry
out their duties without distress; or
70.4.2 risks further
impairment of their health by reporting for duty; or
70.4.3 is a risk to the
health, wellbeing or safety of other staff members, clients or members of the
public.
70.5 The appropriate
People Leader may direct a staff member to participate in a return
to work program if the staff member has been absent on a long period of
sick leave.
70.6 Entitlements. Staff members accruing sick leave:
70.6.1 At the
commencement of employment with icare, a full-time
staff member is granted an accrual of 5 days sick leave.
70.6.2 After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
70.6.3 After the first
year of service, the staff member shall accrue sick leave day to day at the
rate of 15 working days per year of service.
70.6.4 All continuous
service as a staff member in the NSW Government Sector shall be taken into account for the purpose of calculating sick leave
due. Where the service in the NSW Government Sector is not continuous, previous
periods of Government Sector service shall be taken into
account for the purpose of calculating sick leave due if the previous
sick leave records are available.
70.6.5 Notwithstanding
the provisions of paragraph 70.6.4, sick leave accrued and not taken in the
service of a Government sector employer may be
accessed in terms of Part 3, Division 2 of the Government Sector Employment Regulation 2014, Cross-government
sector leave arrangements.
70.6.6 Sick leave without
pay shall count as service for the accrual of recreation leave and paid sick
leave. In all other respects sick leave
without pay shall be treated in the same manner as leave without pay.
70.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
70.6.8 Paid sick leave
shall not be granted during a period of unpaid leave.
70.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the
appropriate People Leader approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service
shall be supported by a satisfactory medical certificate.
70.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
71. Sick Leave -
Requirements for Evidence of Illness
71.1 A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the appropriate People Leader in respect of
the absence.
71.2 In addition to
the requirements under subclause 70.2 of clause 70, Sick Leave of this Award, a
staff member may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the appropriate People Leader. Staff members who absent themselves in excess of 5 working days in a calendar year may be
required to furnish evidence of illness to the appropriate People Leader for
each occasion absent for the balance of the calendar year.
71.3 As a general
practice backdated medical certificates will not be accepted. However, if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the appropriate People Leader is satisfied
that the reason for the absence is genuine.
71.4 If a staff member
is required to provide evidence of illness for an absence of 2 consecutive
working days or less, the appropriate People Leader will advise them in
advance.
71.5 If the
appropriate People Leader is concerned about the diagnosis described in the
evidence of illness produced by the staff member, after discussion with the
staff member, the evidence provided and the staff member's application for
leave can be referred to the icare nominated medical
assessor for advice.
71.5.1 The type of leave
granted to the staff member will be determined by the appropriate People Leader
based on the medical assessor’s advice.
71.5.2 If sick leave is
not granted, the appropriate People Leader will, as far as practicable, take into account the wishes of the staff member when
determining the type of leave granted.
71.6 The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager, they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of icare.
71.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
71.7.1 up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or,
at the appropriate People Leader’s discretion, another registered health
services provider, or
71.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 71.7.1 of
this subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered medical
practitioner, or
71.7.3 at the appropriate
People Leader’s discretion, other forms of evidence that satisfy that a staff
member had a genuine illness.
71.8 If a staff member
who is absent on recreation leave or extended leave, furnishes to the
appropriate People Leader satisfactory evidence of illness in respect of an
illness which occurred during the leave, the appropriate People Leader may,
subject to the provisions of this clause, grant sick leave to the staff member
as follows:
71.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
71.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
71.9 Subclause 71.8
applies to all staff members other than those on leave prior to resignation or
termination of services, unless the resignation or termination of services
amounts to a retirement.
72. Sick Leave to Care
for a Family Member
72.1 Where family and
community service leave provided for in clause 62 of this Award is exhausted or
unavailable, a staff member with responsibilities in relation to a category of
person set out in subclause 72.4 of this clause who needs the staff member's care
and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
72.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the appropriate People Leader may grant
additional sick leave from the sick leave accumulated during the staff member’s
eligible service.
72.3 If required by
the appropriate People Leader to establish the illness of the person concerned,
the staff member must provide evidence consistent with subclause 71.6 of Sick
Leave - Requirements for Evidence of Illness of this Award.
72.4 The entitlement
to use sick leave in accordance with this clause is subject to:-
72.4.1 The staff member
being responsible for the care and support of the person concerned; and
72.4.2 The person
concerned being: -
(a) a spouse of the
staff member; or
(b) a de facto spouse
being a person of the opposite sex to the staff member who lives with the staff
member as her husband or his wife on a bona fide domestic basis although not
legally married to that staff member; or
(c) a child or an
adult child (including an adopted child, a step child,
a foster child or an ex-nuptial child), parent (including a foster parent or
legal guardian), grandparent, grandchild or sibling of the staff member or of
the spouse or de facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition: -
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
73. Sick Leave -
Workers Compensation
73.1 icare shall advise each staff member of their rights under
the Workers Compensation and Injury Management Legislation, as amended from
time to time, and shall give such assistance and advice, as necessary, in the
lodging of any claim.
73.2 A staff member
who is or becomes unable to attend for duty or to continue on
duty in circumstances which may give the staff member a right to claim
compensation under the Workers Compensation and Injury Management Legislation
shall be required to lodge a claim for any such compensation.
73.3 Where, due to the
illness or injury, the staff member is unable to lodge such a claim in person,
the appropriate People Leader shall assist the staff member or the
representative of the staff member, as required, to lodge a claim for any such
compensation.
73.4 The appropriate
People Leader will ensure that, once received by icare,
a staff member’s workers compensation claim is lodged by the icare with the workers compensation insurer within the
statutory period prescribed in the Workers Compensation and Injury Management
Legislation.
73.5 Pending the
determination of that claim and on production of an acceptable medical certificate,
the appropriate People Leader shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
73.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
73.7 A staff member
who continues to receive compensation after the completion of the period of 13
weeks referred to in section 36 of the Workers
Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference
between the amount of compensation payable under that Act and the staff
member's ordinary rate of pay. Sick leave utilised in this way shall be debited
against the staff member.
73.7.1 Before approving
the use of sick leave in this subclause, the appropriate People Leader must be
satisfied that the staff member is complying with the obligations imposed by
the Workers Compensation and Injury Management Legislation which requires that
the staff member must:
(a) participate and
cooperate in the establishment of the required injury management plan for the
staff member;
(b) comply with
obligations imposed on the staff member by or under the injury management plan
established for the staff member;
(c) when requested
to do so, nominate as their treating doctor for the purposes of the injury
management plan a medical practitioner who is prepared to participate in the
development of, and in the arrangements under, the plan;
(d) authorise the
nominated treating doctor to provide relevant information to the insurer or the
appropriate People Leader for the purposes of the injury management plan; and
(e) make all
reasonable efforts to return to work as soon as possible, having regard to the
nature of the injury.
73.8 If a staff member
notifies the appropriate People Leader that he or she does not intend to make a
claim for any such compensation, the appropriate People Leader shall consider
the reasons for the staff member's decision and shall determine whether, in the
circumstances, it is appropriate to grant sick leave in respect of any such
absence.
73.9 A staff member
may be required to submit to a medical examination under the Workplace Injury Management and Workers
Compensation Act 1998 in relation to a claim for compensation under that Act. If a staff member refuses to submit
to a medical examination without an acceptable reason, the staff member shall
not be granted available sick leave on full pay until the examination has
occurred and a medical certificate is issued indicating that the staff member
is not fit to resume employment.
73.10 If icare provides the staff member with employment which meets
the terms and conditions specified in the medical certificate issued under the
Workers Compensation and Injury Management Legislation and, without good
reason, the staff member fails to resume or perform such duties, the staff
member shall be ineligible for all payments in accordance with this clause from
the date of the refusal or failure.
73.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 87F
Commutation by agreement of the Workers
Compensation Act 1987.
73.12 Nothing in this
clause prevents a staff member from appealing a decision or taking
action under other legislation made in respect of: -
73.12.1 The
staff member's claim for workers compensation;
73.12.2 The
conduct of a medical examination by a Government or
other Medical Officer;
73.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
73.12.4 Action
taken by icare either under the Workers Compensation
and Injury Management Legislation or any other relevant legislation in relation
to a claim for workers compensation, medical examination or medical
certificate.
74. Sick Leave -
Claims Other Than Workers Compensation
74.1 If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may,
subject to and in accordance with this clause, be granted to the staff member
on completion of an acceptable undertaking that: -
74.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by icare to the staff member; and
74.1.2 In the event that
the staff member receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
staff member will repay to icare the monetary value
of any such period of sick leave.
74.2 Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the appropriate People Leader is
satisfied that the refusal or failure is unavoidable.
74.3 On repayment to icare of the monetary value of sick leave granted to the
staff member, sick leave equivalent to that repayment and calculated at the
staff member’s ordinary rate of pay, shall be restored to the credit of the
staff member.
75. Special Leave
75.1 Special Leave -
Jury Service
75.1.1 A staff member
shall, as soon as possible, notify the appropriate People Leader of the details
of any jury summons served on the staff member.
75.1.2 A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the appropriate People Leader a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977 in
respect of any such period.
75.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the appropriate People Leader shall
grant, in respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
appropriate People Leader shall grant, at the sole election of the staff
member, available recreation leave on full pay, flex
leave or leave without pay.
75.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at court as a witness in an
official capacity shall be paid by icare.
75.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
75.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
75.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
75.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by icare for the required period.
75.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
75.5 Special Leave -
Examinations -
75.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
appropriate People Leader.
75.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
75.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the staff member, no further leave
is granted for any examination.
75.6 Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 45, Trade Union Activities Regarded as Special Leave of
this Award.
75.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as
a result of work requirements. Such staff member shall be granted
sufficient special leave once a month before or after a weekend or a long
weekend or, in the case of a shift worker before or after rostered days off to
return home to spend two days and two nights with the family. If the staff
member wishes to return home more often, such staff member may be granted
recreation leave, extended leave or flex leave to credit or leave without pay,
if the operational requirements allow.
75.8 Return Home When
Transferred to New Location - Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants.
75.9 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and
after NAIDOC week as negotiated between the People Leader and staff member.
75.10 Special Leave -
Other Purposes - Special leave on full pay may be granted to staff members by the
Group Executive for such other purposes as they consider appropriate.
75.11 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 76,
Leave for Matters Arising from Domestic Violence, have been exhausted, the
Group Executive shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
76. Leave for Matters
Arising from Domestic Violence
76.1 The definition of
domestic violence is found in clause 3.16 of this Award.
76.2 Employees,
including casual employees, are entitled to 20 days of paid domestic and family
violence leave in each calendar year. This leave is not cumulative.
76.3 Paid domestic and
family violence leave is not pro-rata for part-time or casual employees.
76.4 Employees can
take paid domestic and family violence leave in part-days, single days, or
consecutive days. There is not a minimum number of hours that an employee must
take in a day.
76.5 Employees
experiencing domestic and family violence may take domestic and family violence
leave including for the following purposes:
76.5.1 seeking
safe accommodation or establishing safety;
76.5.2 attending
medical, legal, police or counselling appointments relating to their experience
of domestic and family violence;
76.5.3 attending
court and other legal proceedings relating to their experience of domestic and
family violence;
76.5.4 organising
alternative care or education arrangements for their children or person(s) in
their care;
76.5.5 other
activities that will help them to establish safety and recover from their
experience of domestic and family violence; or
76.5.6 any other
purpose associated with the impact of experiencing domestic and family violence
which is impractical to do outside of their normal hours of work.
76.6 Domestic and
family violence leave does not need to be approved before it can be accessed.
However, employees should advise their employer of the need to take domestic
and family violence leave as soon as possible.
76.7 The leave
entitlement can be accessed without the need to exhaust other available leave
entitlements first.
76.8 The employer
should only require evidence of the occurrence of domestic and family violence
in exceptional circumstances and should use their discretion when assessing
whether evidence is needed, and if so, what type of evidence.
76.9 Evidence of the
occurrence of domestic and family violence may include:
76.9.1 a
document issued by the police, a court, a domestic violence support service or
a member of the legal profession;
76.9.2 a
provisional, interim or final Apprehended Violence Order (AVO), Apprehended
Domestic Violence Order (ADVO), certificate of conviction or family law injunction;
76.9.3 a
medical certificate;
76.9.4 a
statutory declaration by the employee experiencing domestic and family
violence; or
76.9.5 any
other evidence that would satisfy a reasonable person that domestic and family
violence has occurred.
76.10 Evidence provided
by an employee should be sighted and must be returned to the employee. The
evidence must not be retained by the employer or stored on the employee's
personnel file.
76.11 The intent of paid
domestic and family violence leave is to provide employees with the same
remuneration as they would have received, inclusive of penalties that would
have applied, if they did not take the leave.
76.11.1 Full-time
and part-time employees are entitled to be paid at their full rate of pay for
the hours they would have worked had they not taken the leave.
76.11.2 Casual
employees will be paid at their full rate of pay for the hours they were
rostered for and would have worked had they not taken the leave. For the
purposes of this clause, "Rostered" means the employer has offered
specific hours of work and the casual employee has accepted that offer.
76.12 Employers must keep
personal information about domestic and family violence (including information
about support provided by the Employer) confidential. This includes not
recording instances of or information about domestic and family violence leave
on:
76.12.1 payslips,
76.12.2 the
employee's personnel file, or
76.12.3 rosters.
76.13 Any information
regarding an employee's experience of domestic or family violence, including
any domestic and family violence leave or supports provided (under this clause
or otherwise), can only be accessed by senior HR personnel or, with the
employee's consent, a relevant senior manager.
76.14 Employers must not
take adverse action against an employee because they:
76.14.1 have
experienced, or are experiencing, domestic and family violence;
76.14.2 use the
paid domestic and family violence leave provisions; or
76.14.3 are a
casual employee who declines to take a shift they are not rostered for because
they are attending to a matter connected with domestic and family violence at
that time.
76.15 The employer will
provide support to an employee experiencing domestic and family violence,
including but not limited to the provision of flexible working arrangements,
including changing working times, work locations, telephone numbers and email
addresses.
76A. Leave for
Employees Providing Support to people experiencing Domestic and Family Violence
76A.l Employees
providing care and support to a member of their family or household
experiencing domestic and family violence may, if the criteria is met, access existing leave entitlements including:
76A.l.1 Family
and Community Service Leave (Clause 62); or
76A.l.2 Sick
Leave to Care for a Family Member (Clause 72).
76A.2 The
"family" or "household" member that the employee is
providing care and support to must meet the definition of these terms, as
referred to at:
76A.2.l Clause
62. Family and Community Service Leave
76A.2.2 Clause
72. Sick Leave to Care for a Family Member
76A.3 If the employer
needs to establish the reasons for an employee accessing existing leave
entitlements under these provisions, the employee may be required to provide
evidence consistent with subclause 71, Sick Leave - Requirements for Evidence
of Illness of this award or any other form of evidence that is considered
acceptable by the employer such as a statutory declaration.
76A.4 Evidence provided
by an employee should be sighted and must be returned to the employee. The
evidence must not be retained by the employer or stored on the employee's
personnel file.
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
77. Staff Development
and Training Activities
77.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
77.1.1 All staff
development courses conducted by a NSW Government
Sector organisation;
77.1.2 Short educational
and training courses conducted by generally recognised public or private
educational bodies; and
77.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
77.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities: -
77.2.1 Activities for
which study assistance is appropriate;
77.2.2 Activities to
which other provisions of this Award apply (e.g. courses conducted by the
Association); and
77.2.3 Activities which are
of no specific relevance to the NSW Government Sector.
77.3 Attendance of a
staff member at activities considered by the appropriate People Leader to be:
77.3.1 Essential for the
efficient operation of icare; or
77.3.2 Developmental and
of benefit to the NSW Government sector shall be regarded as on duty for the
purpose of payment of salary if a staff member attends such an activity during
normal working hours.
77.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of icare:
77.4.1 Recognition that
the staff members are performing normal duties during the course;
77.4.2 Adjustment for the
hours so worked under flexible working hours;
77.4.3 Payment of course
fees:
77.4.4 Payment of all
actual necessary expenses or payment of allowances in accordance with this
Award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
77.4.5 Payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the appropriate People Leader is satisfied that the approval
to attend constitutes a direction to work overtime under clause 80 Overtime -
General of this Award.
77.5 The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to icare:
77.5.1 Recognition of the
staff member as being on duty during normal working hours whilst attending the activity;
77.5.2 Payment of course fees;
77.5.3 Reimbursement of
any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
77.5.4 Such other
conditions as may be considered appropriate by the appropriate People Leader
given the circumstances of attending at the activity, such as compensatory
leave for excess travel or payment of travelling expenses.
77.6 Where the
training activities are considered to be principally
of benefit to the staff member and of indirect benefit to the Government
sector, special leave of up to 10 days per year shall be granted to a staff
member. If additional leave is required and the appropriate People Leader is able to release the staff member, such leave shall be
granted as a charge against available flex leave, recreation/extended leave or
as leave without pay.
77.7 Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this clause.
78. Study Assistance
78.1 The appropriate
People Leader shall have the power to grant or refuse study time.
78.2 Where the
appropriate People Leader approves the grant of study time, the grant shall be
subject to:
78.2.1 The course being a
course relevant to icare and/or the Government sector;
78.2.2 The time being
taken at the convenience of icare; and
78.2.3 Paid study time
not exceeding a maximum of 4 hours per week, to accrue on the
basis of half an hour for each hour of class attendance.
78.3 Study time may be
granted to both full and part-time staff members. Part-time staff members
however shall be entitled to a pro-rata allocation of study time to that of a
full-time staff member.
78.4 Study time may be
used for:
78.4.1 Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
78.4.2 Necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
78.4.3 Private study;
and/or
78.4.4 Accumulation,
subject to the conditions specified in subclauses 78.6 to 78.9 of this clause.
78.5 Staff members requiring
study time must nominate the type(s) of study time preferred at the time of
application and prior to the proposed commencement of the academic period. The
types of study time are as follows: -
78.5.1 Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
78.5.2 Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
78.5.3 Accumulation -
Staff members may choose to accumulate part or all of
their study time as provided in subclauses 78.6 to 78.9.
78.6 Accumulated study
time may be taken in any manner or at any time, subject to operational
requirements of icare.
78.7 Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and icare.
78.8 Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must
be granted even if changed work circumstances mean absence from duty would be
inconvenient.
78.9 Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
78.10 Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
78.11 Staff members
studying in semester based courses may vary their
election as to accrual or otherwise from semester to semester.
78.12 Correspondence
Courses - Study time for staff members studying by correspondence accrues on the basis of half an hour for each hour of
lecture/tutorial attendance involved in the corresponding face-to-face course,
up to a maximum grant of 4 hours per week. Where there is no corresponding
face-to-face course, the training institution should be asked to indicate what
the attendance requirements would be if such a course existed.
78.13 Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
78.14 Repeated subjects
- Study time shall not be granted for repeated subjects.
78.15 Expendable grant -
Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a
genuine emergency at work, study time for that week may be granted on another
day during the same week.
78.16 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
78.17 The period granted
as examination leave shall include:
78.17.1 Time
actually involved in the examination;
78.17.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year.
Examination leave is not available where an examination is conducted within the
normal class timetable during the term/semester and study time has been granted
to the staff member.
78.18 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
78.19 Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
78.20 All staff members
are eligible to apply and no prior service
requirements are necessary.
78.21 Study leave shall
be granted without pay, except where the Chief Human Resources Officer approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Chief Human Resources Officer according to the relevance of
the study to the workplace and may be granted up to the amount equal to full
salary.
78.22 Where financial
assistance is approved by icare for all or part of
the study leave period, the period shall count as service for all purposes in
the same proportion as the quantum of financial assistance bears to full salary
of the staff member.
78.23 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the icare may choose to identify courses
or educational programmes of particular relevance or
value and establish a scholarship to encourage participation in these courses
or programmes. The conditions under which such scholarships are provided should
be consistent with the provisions of this clause.
SECTION 8 - SHIFT WORK AND OVERTIME
79. Shift Work
79.1 Shift Loadings -
A shift worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
|
Day - at or after 6am and before 10am
|
Nil
|
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
|
Night - at or after 4pm and before 4am
|
15.0%
|
|
Night - at or after 4am and before 6am
|
10.0%
|
79.2 The loadings
specified in subclause 79.1 shall only apply to shifts worked from Monday to
Friday.
79.3 Weekends and
Public Holidays - For the purpose of this clause any
shift, the major portion of which is worked on a Saturday, Sunday or Public
Holiday shall be deemed to have been worked on a Saturday, Sunday or Public
Holiday and shall be paid as such.
79.4 Saturday Shifts -
Shift workers working on an ordinary rostered shift
between midnight on Friday and midnight on Saturday which is not a public holiday, shall be
paid for such shifts at ordinary time and one half.
79.5 Sunday Shifts - Shift
workers working on an ordinary rostered shift between midnight on Saturday and
midnight on Sunday which is not a public holiday,
shall be paid for such shifts at ordinary time and three quarters.
79.6 Public Holidays -
With the exception of classifications listed in
subclauses 79.7 and 79.8, the following shall apply:
79.6.1 Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
79.6.2 A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
79.7 Rosters - Rosters
covering a minimum period of 28 days, where practicable, shall be prepared and
issued at least 7 days prior to the commencement of the rosters. Each roster
shall indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements shall be made by the appropriate People Leader.
79.8 Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift shall, where practicable, be given forty-eight (48) hours’ notice of the
proposed change.
79.9 Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
79.10 If a shift worker
resumes or continues to work without having had eight (8) consecutive hours off
duty, the shift worker shall be paid overtime in accordance with clause 81,
Overtime Worked by Shift Workers of this Award, until released from duty for
eight (8) consecutive hours. The shift
worker will then be entitled to be off duty for at least eight (8) consecutive
hours without loss of pay for ordinary working time which falls during such
absence.
79.11 Time spent off
duty may be calculated by determining the amount of time elapsed after: -
79.11.1 The
completion of an ordinary rostered shift; or
79.11.2 The
completion of authorised overtime; or
79.11.3 The
completion of additional travelling time, if travelling on duty, but shall not
include time spent travelling to and from the workplace.
79.12 Daylight Saving -
In all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
80. Overtime - General
80.1 A staff member may
be directed by the appropriate People Leader to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining
what is unreasonable, the following factors shall be taken
into account:
80.1.1 The staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
80.1.2 Any risk to staff
member health and safety,
80.1.3 The urgency of the
work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services,
80.1.4 The notice (if
any) given by the appropriate People Leader regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
80.1.5 Any other relevant
matter.
80.2 Payment for
overtime shall be made only where the staff member works directed overtime.
80.3 Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 10,
Local Arrangements of this Award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
appropriate People Leader to work more than 7 hours after finishing overtime or
before commencing overtime.
80.4 Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
80.4.1 Compensation
specifically provided for overtime and/or on-call (standby) allowance; or
80.4.2 Be paid an
allowance for overtime and/or on-call (standby) allowance; or
80.4.3 A rate of salary
which has been determined as inclusive of overtime and/or on-call (standby)
allowance.
81. Overtime Worked by
Shift Workers
81.1 The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
81.1.1 Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, shall be paid for
at the rate of time and one half for the first two hours and double time
thereafter.
81.1.2 Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
81.1.3 Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
81.1.4 Public Holidays -
All overtime worked on a public holiday shall be paid for at the rate of double
time and one half.
81.2 Eight Consecutive
Hours Break on Overtime - When overtime is necessary, wherever reasonably
practicable, it shall be arranged so that shift workers have at least eight (8)
consecutive hours off duty.
81.3 The rest period
off duty shall be not less than eight (8) consecutive hours when the overtime
is worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
82. Overtime Worked by
Day Workers
82.1 The provisions of
this clause shall not apply to:
82.1.1 Shift workers as
defined in clause 3, Definitions of this Award and to whom provisions of clause
79, Shift Work and clause 81, Overtime Worked by Shift Workers of this Award apply;
82.1.2 Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Chief Human Resources Officer and the Association;
82.1.3 Staff members to
who overtime provisions apply under another industrial instrument;
82.1.4 Staff members
whose salary includes compensation for overtime; and
82.1.5 Staff members who
receive an allowance in lieu of overtime.
82.2 Rates - Overtime
shall be paid at the following rates:
82.2.1 Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the staff member’s ordinary hours of duty, if working standard hours,
or outside the bandwidth, if working under a flexible working hours scheme,
unless local arrangements negotiated in terms of clause 10, Local Arrangements
of this Award apply;
82.2.2 Saturday - All overtime
worked on a Saturday at the rate of time and one-half for the first two hours
and at the rate of double time thereafter;
82.2.3 Sundays - All
overtime worked on a Sunday at the rate of double time;
82.2.4 Public Holidays -
All overtime worked on a public holiday at the rate of double time and one
half.
82.3 If a staff member
is absent from duty on any working day during any week in which overtime has
been worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the staff member has been granted leave of
absence or the absence has been caused by circumstances beyond the staff
member’s control.
82.4 A staff member
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
82.5 Rest Periods
82.5.1 A staff member who
works overtime shall be entitled to be absent until eight (8) consecutive hours
have elapsed.
82.5.2 Where a staff
member, at the direction of the People Leader, resumes or continues work
without having had eight (8) consecutive hours off duty then such staff member
shall be paid at the appropriate overtime rate until released from duty. The
staff member shall then be entitled to eight (8) consecutive hours off duty and
shall be paid for the ordinary working time occurring during the absence.
83. Recall to Duty
83.1 A staff member
recalled to work overtime after leaving the employer’s
premises shall be paid for a minimum of three (3) hours work at the appropriate
overtime rates.
83.2 The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
83.3 When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
83.4 When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
83.5 A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
83.6 A staff member recalled
to duty within three (3) hours of the commencement of usual hours of duty shall
be paid at the appropriate overtime rate from the time of recall to the time of
commencement of such normal work.
83.7 This clause shall
not apply in cases where it is customary for a staff member to return to icare’s premises to perform a specific job outside the
staff member’s ordinary hours of duty, or where overtime is continuous with the
completion or commencement of ordinary hours of duty. Overtime worked in these
circumstances shall not attract the minimum payment of three (3) hours unless
the actual time worked is three (3) or more hours.
84. On-Call (Stand-By)
and On-Call Allowance
84.1 Unless already
eligible for an on-call allowance under another industrial instrument, a staff
member shall be:
84.1.1 Entitled to be
paid the on call allowance set out in Item 12 of Table
2 - Allowances of Part C Monetary Rates when directed by the appropriate People
Leader to be on call or on standby for a possible recall to duty outside the
staff member's working hours;
84.1.2 If a staff member
who is on call and is called out by icare, the
overtime provisions as set out in clause 81, Overtime Worked by Shift Workers
and clause 82, Overtime Worked by Day Workers of this Award, whichever is
appropriate, shall apply to the time worked;
84.1.3 Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next
15 minutes.
85. Overtime Meal
Breaks
85.1 Staff Members Not
Working Flexible Hours - a Staff Member Required to Work Overtime on Weekdays
for an Hour and a Half Or More After the Staff
Member’s Ordinary Hours of Duty on Weekdays, Shall be Allowed 30 Minutes for a
Meal and Thereafter, 30 Minutes for a Meal After Every Five Hours of Overtime
Worked.
865.2 Staff
member working flexible hours - A staff member required to work overtime on
weekdays beyond 6.00 p.m. and until or beyond eight and a half hours after
commencing duty plus the time taken for lunch, shall be allowed 30 minutes for
a meal and thereafter, 30 minutes for a meal after every five hours of overtime
worked.
85.3 Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
86. Overtime Meal
Allowances
86.1 If an adequate
meal is not provided by icare, a meal allowance shall
be paid by icare at the appropriate rate specified in
Item 9 of Table 2 - Allowances of Part C, Monetary Rates, provided the
appropriate People Leader is satisfied that:
86.1.1 the time worked is
directed overtime;
86.1.2 the staff member
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
86.1.3 where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
86.1.4 overtime is not
being paid in respect of the time taken for a meal break.
86.2 Where an
allowance payable under this clause is insufficient to reimburse the staff
member the cost of a meal, properly and reasonably incurred, the appropriate
People Leader shall approve payment of actual expenses.
86.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
86.4 Receipts shall be
provided to the appropriate People Leader or his/her delegate in support of any
claims for additional expenses or when the staff member is required to
substantiate the claim.
86.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Human
Resources Officer and the Association from negotiating different meal
provisions under a local arrangement.
87. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Grade 8, as varied from time
to time, shall be paid for working directed overtime at the maximum rate for
Grade 8 plus $1.00, unless the appropriate People Leader approves payment for
directed overtime at the staff member’s salary or, where applicable, salary and
allowance in the nature of salary.
88. Payment for
Overtime or Leave in Lieu
88.1 The appropriate
People Leader shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with subclause 88.2.
88.2 The following
provisions shall apply to the leave in lieu:
88.2.1 The staff member
shall advise the People Leader before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment.
88.2.2 The leave shall be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
88.2.3 The leave must be
taken at the convenience of icare, except when leave
in lieu is being taken to look after a sick family member. In such cases, the
conditions set out in clause 72, Sick Leave to Care for a Sick Family Member of
this Award apply.
88.2.4 The leave shall be
taken in multiples of a quarter day, unless debiting of leave in hours or in fractions
of an hour has been approved in the staff member’s section.
88.2.5 Leave in lieu
accrued in respect of overtime shall be given by icare
and taken by the staff member within three months of accrual unless alternate
local arrangements have been negotiated between the Chief Human Resources
Officer and the Association.
88.2.6 A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
89. Calculation of
Overtime
89.1 Unless a minimum
payment in terms of subclause 82.4 of Overtime Worked by Day Workers of this
Award applies, overtime shall not be paid if the total period of overtime
worked is less than a quarter of an hour.
89.2 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be: -
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
89.3 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:
|
Annual salary
|
X
|
7
|
X
|
1
|
|
1
|
|
365.25
|
|
No of ordinary
hours of work per week
|
89.4 To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
89.5 Overtime is not
payable for time spent travelling.
90. Provision of Transport
in Conjunction with Working of Overtime
90.1 For the purpose
of this clause, departure or arrival after 8.00 p.m. will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster does not in itself warrant
the provision of transport. It needs to be demonstrated that the normal means
of transport, public or otherwise, is not reasonably available and/or that
travel by such means of transport places the safety of the staff member at
risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with icare where knowledge of each particular
situation will enable appropriate judgements to be made.
90.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
90.3 Provision of
Taxis
Where a staff member:
90.3.1 ceases overtime
duty after 8.00 p.m., or
90.3.2 ceases or
commences duty performed as part of a regular or rotating roster of shift duty
after 8.00 p.m., and public transport or other normal means of transport is not
reasonably available, arrangements may be made for transport home or to be
provided by way of taxi.
SECTION 9 - MISCELLANEOUS
91.
Anti-Discrimination
91.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
91.2 It follows that
in fulfilling their obligations under the dispute resolution procedure prescribed
by this Award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are
not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the award which, by its terms or
operation, has a direct or indirect discriminatory effect.
91.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
91.4 Nothing in this
clause is to be taken to affect:
91.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
91.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
91.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
91.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
91.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
91.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
91.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
92. Area, Incidence
and Duration
92.1 This Award shall
apply to full time and part-time employees, temporary employees and casual
employees of icare.
92.2 This Award shall take
effect on and from 1 July 2024 and rescinds and replaces the Insurance
and Care NSW Award 2022 published 1 September 2023 (395 I.G. 60) and the salaries and salary
related allowances as prescribed in Tables 1 and 2 of Part C Monetary Rates are
operative from the beginning of the first full pay period to commence on or
after 1 July 2024.
93. 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.
PART B
1. Salary Grade Structure
1.1 The salary rates for
employees, whose roles are placed in Grades 1 to 12 are set out in Table 1 of
Part C, Monetary Rates.
1.5 Positions are classified
within Grades 1 to 12 in accordance with the grading system approved by the
CEO&MD.
1.6 An employee who is
temporarily employed by icare is paid the weekly
equivalent of the annual salary prescribed in Table 1.
2. Promotion
The promotion
of employees to a grade and from grade to grade is subject to the occurrence of
a vacancy in such grade.
3. Salary Increments
3.1 The payment of increments under the Salary
Grade Scale shall be subject to approval by the appropriate People Leader.
3.2 One month prior to the date on which an
employee will become eligible for an increment of salary, the appropriate
People Leader shall report as to conduct and the manner in
which the duties of the employee have been performed.
3.3 In cases where the recommendation of the
appropriate People Leader is averse to the granting of an increment, the
employee affected shall have the right of review.
PART C
MONETARY
RATES
1.1 At the time of the making of this Award,
no employee covered by this Award will suffer a reduction in his or her rate of
pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.
1.2 The salary rates set out in Table 1, are
set in accordance with the Crown Employees (Public Sector - Salaries) Award.
Should there be any variation or replacement Award of this Award, Insurance and
Care staff members will maintain the same salary relationship.
Table 1
|
Grades
|
Common
Salary Points
|
Per
annum $ From ffpp on or after 1.7.2023
|
Per
annum $ From ffpp on
or
after 1.7.2024
|
Per
annum $ From ffpp on or after 1.7.2025
|
Per
annum $ From ffpp on or after 1.7.2026
|
|
Grade 1
|
|
|
|
|
|
|
1st year of service
|
46
|
$70,694
|
$73,522
|
$75,728
|
$78,000
|
|
Thereafter
|
49
|
$72,772
|
$75,683
|
$77,953
|
$80,292
|
|
Grade 2
|
|
|
|
|
|
|
1st year of service
|
52
|
$74,803
|
$77,795
|
$80,129
|
$82,533
|
|
Thereafter
|
55
|
$76,857
|
$79,931
|
$82,329
|
$84,799
|
|
Grade 3
|
|
|
|
|
|
|
1st year of service
|
58
|
$79,032
|
$82,193
|
$84,659
|
$87,199
|
|
Thereafter
|
61
|
$81,416
|
$84,673
|
$87,213
|
$89,829
|
|
Grade 4
|
|
|
|
|
|
|
1st year of service
|
64
|
$83,957
|
$87,315
|
$89,934
|
$92,632
|
|
Thereafter
|
67
|
$86,539
|
$90,001
|
$92,701
|
$95,482
|
|
Grade 5
|
|
|
|
|
|
|
1st year of service
|
75
|
$93,295
|
$97,027
|
$99,938
|
$102,936
|
|
Thereafter
|
78
|
$96,237
|
$100,086
|
$103,089
|
$106,182
|
|
Grade 6
|
|
|
|
|
|
|
1st year of service
|
82
|
$100,011
|
$104,011
|
$107,131
|
$110,345
|
|
Thereafter
|
85
|
$102,941
|
$107,059
|
$110,271
|
$113,579
|
|
Grade 7
|
|
|
|
|
|
|
1st year of service
|
88
|
$106,025
|
$110,266
|
$113,574
|
$116,981
|
|
Thereafter
|
91
|
$109,194
|
$113,562
|
$116,969
|
$120,478
|
|
Grade 8
|
|
|
|
|
|
|
1st year of service
|
95
|
$113,746
|
$118,296
|
$121,845
|
$125,500
|
|
Thereafter
|
98
|
$117,363
|
$122,058
|
$125,720
|
$129,492
|
|
Grade 9
|
|
|
|
|
|
|
1st year of service
|
101
|
$120,859
|
$125,693
|
$129,464
|
$133,348
|
|
Thereafter
|
104
|
$124,258
|
$129,228
|
$133,105
|
$137,098
|
|
Grade 10
|
|
|
|
|
|
|
1st year of service
|
108
|
$129,331
|
$134,504
|
$138,539
|
$142,695
|
|
Thereafter
|
111
|
$133,183
|
$138,510
|
$142,665
|
$146,945
|
|
Grade 11
|
|
|
|
|
|
|
1st year of service
|
116
|
$139,787
|
$145,378
|
$149,739
|
$154,231
|
|
Thereafter
|
120
|
$145,713
|
$151,542
|
$156,088
|
$160,771
|
|
Grade 12
|
|
|
|
|
|
|
1st year of service
|
126
|
$154,840
|
$161,034
|
$165,865
|
$170,841
|
|
Thereafter
|
130
|
$161,663
|
$168,130
|
$173,174
|
$178,369
|
Table 2
|
Item
No.
|
Clause
No.
|
Description
|
Rate
to apply from 1.7.2023
|
Rate
to apply from 1.7.2024
|
Rate
to apply from 1.7.2025
|
Rate
to apply from 1.7.2026
|
|
1
|
|
Meal
expenses on one day journeys Capital cities and high cost
country centres (see list in item 2)
|
|
|
|
|
|
|
29.1.1
|
Breakfast
|
$32.10
|
$33.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
29.1.2
|
Dinner
|
$61.50
|
$64.95
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
29.1.3
|
Lunch
|
$36.10
|
$38.10
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Tier
2 and other country centres (see list in item 2)
|
|
|
|
|
|
|
29.1.1
|
Breakfast
|
$28.75
|
$30.35
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
29.1.2
|
Dinner
|
$56.60
|
$59.75
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
29.1.3
|
Lunch
|
$32.80
|
$34.65
|
Per
ATO Determination
|
Per
ATO Determination
|
|
2
|
|
Travelling
allowances
|
|
|
|
|
|
|
26.8.2
|
Capital
cities
|
Per
day
|
Per
day
|
Per
day
|
Per
day
|
|
|
|
Adelaide
|
$310.70
|
$318.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Brisbane
|
$333.70
|
$341.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Canberra
|
$330.70
|
$338.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Darwin
|
$372.70
|
$380.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Hobart
|
$328.70
|
$336.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Melbourne
|
$325.70
|
$333.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Perth
|
$332.70
|
$340.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Sydney
|
$350.7
|
$358.90
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
26.8.2
|
Other
country centres
|
$282.15
|
$289.70
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
26.8.2
|
Incidental
expenses when claiming actual expenses - all locations
|
$23
|
$23.95
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
26.11
|
Daily
allowance payable after 35 days and up to 6 months in the same location - all
locations
|
50%
of the appropriate location rate
|
50%
of the appropriate location rate
|
50%
of the appropriate location rate
|
50%
of the appropriate location rate
|
|
3
|
26.8.1
|
Incidental
expenses
|
$23
|
$23.95
|
Per
ATO Determination
|
Per
ATO Determination
|
|
4
|
|
Use
of private motor vehicle
|
Cents
per kilometre
|
Cents
per kilometre
|
Cents
per kilometre
|
Cents
per kilometre
|
|
|
34.3
|
Official
business
|
85
|
88.0
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
34.3
|
Casual
rate (40% of ott1cial business rate)
|
34
|
35.2
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Motor cycle allowance (50% of official business rate)
|
42.50
|
44.0
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
34.7
|
Towing
trailer or horse float (13% of official business rate)
|
11.05
|
11.44
|
Per
ATO Determination
|
Per
ATO Determination
|
|
5
|
36
|
Insurance
cover
|
Up
to $1,173
|
Up
to $1,173
|
Up
to
$1,173
|
Up
to
$1,173
|
|
6
|
37.2
|
Exchanges
|
Actual
cost
|
Actual
cost
|
Actual
cost
|
Actual
cost
|
|
7
|
38.1
|
Room
at home used as office
|
$1,112
pa
|
$1,154
pa
|
Per
CPI Increase
|
Per
CPI Increase
|
|
8
|
39.1
|
Uniforms,
protective clothing and laundry allowance.
|
$5.80
per week
|
$6.05
per week
|
Per
CPI Increase
|
Per
CPI Increase
|
|
9
|
86.1
|
Overtime
meal allowances
|
|
|
|
|
|
|
|
Breakfast
|
$35.65
|
$37.65
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Lunch
|
$35.65
|
$37.65
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Dinner
|
$35.65
|
$37.65
|
Per
ATO Determination
|
Per
ATO Determination
|
|
|
|
Supper
|
$13.30
|
$13.80
|
Per
ATO Determination
|
Per
ATO Determination
|
|
Item
No.
|
Clause
No.
|
Description
|
From
ffpp on or after 1.7.2023
|
From
ffpp on or after 1.7.2024
|
From
ffpp on or after 1.7.2025
|
From
ffpp on or after 1.7.2026
|
|
10
|
42.1
|
Community
language allowance scheme
|
|
|
|
|
|
|
|
-
Base Level Rate
|
$1,580pa
|
$1,643pa
|
$1,692pa
|
$1,743pa
|
|
|
|
-
Higher Level Rate
|
$2,376
pa
|
$2,471pa
|
$2,545pa
|
$2,621pa
|
|
11
|
42.1
|
First
aid allowance
|
|
|
|
|
|
|
|
-
Holders of basic qualifications
|
$1,018
pa
|
$1,059
pa
|
$1,091
pa
|
$1,124 pa
|
|
|
|
-
Holders of current occupational first aid certificate
|
$1,529
pa
|
$1,590 pa
|
$1,638 pa
|
$1,687 pa
|
|
12
|
84.1.1
|
On-call
(stand-by) and on-call allowance
|
$1.10
per hour
|
$1.14
per hour
|
$1.17
per hour
|
$1.21
per hour
|
NB: In adjusting
expense related and salary related allowances, annual rates are adjusted to the
nearest dollar, weekly and daily rates are rounded to the nearest 5 cents, and
hourly rates are moved to the nearest cent.
D. CHIN J, Vice President.
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Printed by
the authority of the Industrial Registrar.