Vol. 352, Part 2
8 July 2005
Pages 188 - 385
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 352, Part 2
8 July 2005
Pages 188 - 385
Page
Awards and Determinations Awards Made or Varied Advertising Sales Representatives (State)
Butter, Cheese & Other Dairy Products (State)
Cleaning and Building Services Contractors (State)
Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2005
Draughting Employees, Planners, Technical Employees, &c. (State)
Entertainment and Broadcasting Industry - Cinema (State)
Health Employees' (State)
Nurses' (Department of Ageing, Disability & Home Care) (State) Award
2005
Pet Food Manufacturers (State)
Starch Manufacturers, &c. (State)
Storemen and Packers, Wholesale Drug Stores (State)
Storemen and Packers, Wholesale Paint, Varnish and Colour Stores
(State)
TransGrid Employees Award 2004
Transport Industry - Car Carriers (NSW) Contract Determination
(VSW)
(ERR)
(ERR)
(AIRC)
(ERR)
(VIRC)
(ERR)
(ERR)
356
374
378
270
373
365
375
376
(AIRC)
(VSW)
(VSW)
(VSW)
246
357
363
361
(VSW)
(AIRC)
(VCD)
359
188
367
Obsolete Awards Flyash Industry Enterprise Agreement Consolidated Award 1996
Enterprise Agreements Approved by the Industrial Relations Commission
382
383
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(1370)
SERIAL C2541
TRANSGRID EMPLOYEES AWARD 2004
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Labor Council of New South Wales, State Peak Council for employees.
(No. IRC 6865 of 2003)
Before The Honourable Justice Staunton
13 February 2004
AWARD
Arrangement
Clause No.
Subject Matter
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Title
Parties to the Award
Intent, Scope and Duration
Objectives
Consultative Mechanism
Health and Safety
Environment
Quality
No Extra Claims
Voluntary Redeployment/Redundancy
Local Workplace Agreements
Salaries and Allowances
Classifications
Classification Advisory Committee
Forms of Employment
Calculation of Service
Terms of Employment
Hours and Work Patterns - Day Workers
Shift Work
Overtime - Day Work
Overtime - Shift Work
Meal Allowances on Overtime
Meal Breaks - Day Work
Higher Grade Work and Pay
Clothing and Tools
Annual Leave
Long Service Leave
Sick Leave and Accident Pay
Leave for Family Care
Standby and "On Call"
Working Away from Headquarters
Travelling Time and Fares
Grievance and Dispute Procedure
Public Holidays and Picnic Day
Parental Leave
Miscellaneous
Anti-Discrimination
Signatures
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Schedule A
Schedule B
1. Title
This Award shall be known as the TransGrid Employees Award 2004.
2. Parties to the Award
2.1
This Award has been made between TransGrid and the unions listed below on behalf of the employees
of TransGrid.
Australian Worker's Union.
Construction, Forestry, Mining and Energy Union.
Electrical Trades Union of Australia, New South Wales Branch.
NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU).
Public Service Association of New South Wales.
The Association of Professional Engineers, Scientists and Managers, Australia (New South Wales
Branch).
2.2
This Award was not entered into under duress by any party.
3. Intent, Scope and Duration
3.1
This Award replaces the provisions of the TransGrid Employees Award, 2002.
3.2
This Award applies to all employees except Senior Executives of TransGrid who are covered by
individual employment agreements.
3.3
This Award will be effective from 13 February 2004, the date of approval by the Industrial Relations
Commission of New South Wales until 1st December, 2005.
3.4
It is a term and condition of employment and of the obligations and rights occurring under this Award
that employees:
(i)
use any technology and perform any duties which are within the limits of their skills, competence
and training; and
(ii)
maintain commitment to and comply with TransGrid's Code of Ethics and comply with any
direction in respect to the performance of their duties; and
(iii)
are committed to the achievement of the Objectives of TransGrid’s Corporate Plan.
4. Objectives
TransGrid's principal objectives and functions are set out in the Energy Services Corporations Amendment
(TransGrid Corporatisation) Act 1998.
TransGrid has developed a Corporate Plan, covering the period from 2003 to 2004 to enable it to fulfil its
mission to be Australia’s leading manager of network assets.
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The parties to this Award are committed to the Objectives of the Corporate Plan which are:
To provide accessible, efficient, safe and reliable facilities for the transmission of electricity
To be commercially successful
To be environmentally and socially responsible
To identify the optimum solutions to provide reliable electricity supply
Achieving these objectives creates a stronger TransGrid for all stakeholders:
Shareholders
Customers
Employees
Wider Community
In pursuing these objectives, TransGrid will satisfy our customers' needs and requirements by drawing on our
values of:
Integrity
Open Communication
Trust and respect
Recognition of contribution
Commitment to health and safety
Competence
5. Consultative Mechanism
TransGrid will consult with its employees and appropriate unions who are party to this Award where the
implementation of significant change is being considered. The consultative provisions are directed toward the
development of a relationship of inclusion, involvement and mutual trust between the parties.
The Chief Executive and Senior Management of TransGrid will meet with representatives of the Labor Council
and major unions from time-to-time to discuss industry related issues. The meetings will be held as required,
depending on current issues and developments.
In addition to these meetings a two-tiered consultative mechanism will be established as follows:
Level 1 Committee will consist of senior TransGrid representatives, Labor Council and union representatives
and site delegates, as appropriate. This Committee will consider strategic matters only.
This Committee will meet quarterly.
Level 2 Committees will be established at workplaces to review local issues. The Committees will consist of
representatives of local management and employees. These Committees will meet to consider local matters.
These Committees will meet quarterly and are required to then provide quarterly update reports to the Level 1
Committee.
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6. Health and Safety
TransGrid is committed to the health and safety of all its employees.
TransGrid is committed to a goal of zero injuries, occupational illnesses and incidents.
TransGrid is committed to on-going consultation and communication with elected employee health and safety
representatives and employees in any workplace change that will affect the health and safety of employees, and
to ensure continuous improvement in all areas of our work.
TransGrid believes that all accidents are preventable on and off the job.
It is agreed that all parties to the Award work to achieve a healthy and safe workplace by:
a)
establishing and maintaining a healthy and safe workplace and adopting safe working practices.
b)
ensuring that every possible precaution is taken to prevent accidents and minimise potential hazard.
c)
recognising that all employees are personally responsible for giving primary concern to their own safety
and the safety of others.
d)
wearing the protective clothing provided and using safety equipment at all times.
e)
incorporating health and safety in the planning and undertaking of all current and future, internal and
external projects.
f)
agreeing to participate in the formulation of safety plans and initiatives and the implementation of these
schemes.
7. Environment
Protection of our Environment is one of the fundamental values associated with all TransGrid activities.
TransGrid has achieved certification to ISO 14001 (Environmental Management Systems) and is committed to
caring for the environment by:
a)
complying with all relevant environmental statutes, regulations and standards;
b)
operating an environmental management system to prepare and document environmental procedures and
to supervise and review their effective implementation; and
c)
ensuring that environmental factors are taken into account for each activity.
TransGrid is committed to ensuring that its work teams:
a)
take active measures to protect the environment during all work activities;
b)
consult with appropriate community organisations and Government departments; and
c)
are trained and regularly updated on environmental issues relating to their particular work requirements.
Protection of the environment is the responsibility of all TransGrid staff. TransGrid will continually strive to
improve environmental performance through the setting of targets and regular environmental auditing.
All parties to the Award work towards protecting the environment by agreeing to participate in the formulation
of environmental plans and initiatives and the implementation of these schemes.
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8. Quality
TransGrid has achieved certification to ISO 9001 (Quality Management Systems) and ISO 14001
(Environmental Management Systems) and is committed to applying a total quality approach to technical
excellence, commercial rigour and environmental sensitivity.
It is agreed that all parties to this Award will work together:
seeking out and understanding their customers' requirements
striving for continuous improvement
eliminating waste from all work processes
maintaining TransGrid's Quality certification
delivering the right result first time.
9. No Extra Claims
Apart from:
(a)
increases available through State Wage Case decisions,
the parties shall not pursue any extra claims during the life of the Award.
Where any disagreement arises the parties shall follow the Grievance and Dispute Procedure contained
in this Award.
State Wage Case decisions determined during the period of the Award, will be dealt with as follows:
(a)
Cost of living adjustments - any component of a State Wage increase which is identified in the
decision as a cost of living adjustment will be passed on to employees in full on the basis of any
conditions that are imposed by the decision. This component of the increase will be in addition to
the increases arising as a result of this Award.
(b)
Productivity increase - any component of a State Wage increase which is in return for state wide
productivity improvements or is based on enterprise level productivity increases will be adjusted
to avoid double counting.
10. Voluntary Redeployment/Redundancy
10.1
Employees, whose positions are surplus to TransGrid's requirements, may be offered Voluntary
Redeployment or Voluntary Redundancy.
10.2
Where more applications for Voluntary Redeployment or Voluntary Redundancy are received than there
are surplus positions, it may become necessary to retain key officers, as the loss of such officers would
affect the efficiency of TransGrid's business operations.
10.3
Employees, who accept Voluntary Redundancy, are eligible for payments included in the New South
Wales Government's Voluntary Redundancy package as a minimum. Currently, the payments are:
(a)
four week's notice or payment in lieu; and
(b)
an additional one week's notice or pay in lieu for employees aged 45 years and over with 5 or
more years of completed service; and
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(c)
severance pay at the rate of 3 weeks per year of continuous service with a maximum of 39 weeks,
with pro-rata payments for incomplete years of service to be on a quarterly basis; and
(d)
the benefit allowable as a contributor to a retirement fund; and
(e)
for employees who accept Voluntary Redundancy within 2 weeks of the offer being made and
terminate their employment within the time nominated by TransGrid;
(i)
less than 1 year's service; 2 week's pay
(ii)
1 year and less than 2 year's service; 4 week's pay
(iii)
2 year's and less than 3 year's service; 6 week's pay
(iv)
3 year's service and over; 8 week's pay
11. Local Workplace Agreements
11.1
Object of the Clause
Local Workplace Agreements may be entered into in an attempt to establish or achieve greater local
workplace flexibility. This clause is intended to facilitate the development of collective Local Workplace
Agreements between management at all levels and their respective staff.
11.2
Requirements for Development of Local Workplace Agreements
A Local Workplace Agreement may only provide for flexibility in the conditions of employment at a
local workplace.
Employees and management, at the local workplace, must be in agreement on any proposed agreement
or subsequent variation.
A Local Workplace Agreement may only come into effect where the following requirements have been
met:
a)
The Labor Council of New South Wales shall be advised of the parties intent to enter into
discussions for a collective Local Workplace Agreement.
b)
The Provisions of the TransGrid Employees Award shall form the basis from which Local
Workplace Agreements under this clause shall operate.
c)
There shall be no reduction in an employee's ordinary rate of pay for the ordinary hours worked.
d)
Employees are not to be disadvantaged and will experience no net detriment when the agreement
is viewed as a whole.
e)
The majority of employees affected by the Local Workplace Agreement, agree to its terms and
conditions after taking all views into consideration including the need to maintain effective
working relationships.
f)
The Local Workplace Agreement does not jeopardise occupational health and safety and is not
contrary to any law.
g)
The Local Workplace Agreement will improve efficiency and/or customer service and/or job
satisfaction.
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8 July 2005
h)
Managers shall give fair consideration to requests from staff for flexible work arrangements and
ensure that work arrangements do not discriminate or work against particular employees.
i)
The relevant General Manager formally endorses the Local Workplace Agreement.
j)
The Labor Council of New South Wales has formally endorsed the Local Workplace Agreement.
k)
The Local Workplace Agreement will be effective from the specified commencement date. The
Local Workplace Agreement must not operate beyond the expiry date of the TransGrid
Employees Award 2004.
l)
The Local Workplace Agreement may be reviewed at any time at the request of either party.
12. Salaries and Allowances
12.1
The Salary Point Rates for the classifications covered by this Award, including the initial 5% increase,
based on a 35 hour week, are as follows:
Salary Point
Weekly Rate ($)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
$372.60
$429.60
$486.30
$543.00
$571.30
$599.60
$626.50
$654.40
$683.60
$714.20
$746.70
$781.90
$817.70
$855.60
$895.00
$936.70
$968.60
$1,001.70
$1,035.90
$1,071.30
$1,107.60
$1,145.60
$1,185.00
$1,225.70
$1,267.20
$1,310.70
$1,355.60
$1,402.40
$1,450.20
$1,499.80
$1,551.30
$1,604.70
$1,659.70
$1,716.80
$1,775.80
$1,836.90
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37
38
39
40
$1,900.30
$1,965.10
$2,032.80
$2,103.00
The above Salary Point Rates include an amount in respect of the Annual Leave Special Payment.
12.2
12.3
In addition to the above Salary Point Rates the following are to be included in what will be known as
employees' ordinary weekly salaries:
(a)
the Field Allowance in accordance with 12.3; and
(b)
the General Purpose Allowances in accordance with 12.4; and
(c)
the Special Payment in accordance with 12.5 (a).
Field Allowance
The Field Allowance of $36.20 per week is to be paid to:
(a)
all employees appointed to field locations; and
(b)
Tradespersons, Power Workers and Operators located in the Sydney Office.
NOTE 1:
Administrative, Engineering and Professional Officers, appointed to the Sydney Office, are not entitled
to be paid the Field Allowance (or part thereof) when temporarily attached to field locations. (The
General Purpose Allowance component, incorporated into base salary rates in 12.1 includes a component
in respect of such temporary attachments).
For extended periods at field locations approval may be sought for a Special Payment in accordance with
12.5 (b).
12.4
General Purpose Allowance
The classifications Engineering Officer, Power Worker, Tradesperson and Apprentices at Field
Locations (other than Sydney Office) will receive a General Purpose Allowance of $23.80 per week.
NOTE 2:
Apart from:
(a)
the Tool Allowance in 12.10; and
(b)
the First Aid Allowance in 12.11
the General Purpose Allowance replaces the allowances;
(a)
paid for lunches incurred on one day trips as described in TransGrid's Policies and Procedures;
and
(b)
those listed in Schedule A of the TransGrid Employees Award, 1997.
The parties agree that no further claims or payments related to these allowances will be made.
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12.5
8 July 2005
Special Payments
Employees, appointed to the Sydney Office:
(a)
are to be paid a Special Payment of $8.90 per week for the acceptance of the Variable Working
Hours system, which incorporates the three existing attendance systems
(b)
who are required to work away from the Sydney Office for extended periods and for the majority
of each week away are entitled to be paid $32.00 per week:
(i)
for the duration of such work; and
(ii)
when they are located away from the Sydney Office
subject to the approval of the General Manager of the Business Unit concerned.
This payment is not applicable to:
(i)
any form of paid leave; or
(ii)
overtime; or
(iii)
travelling time; or
(iv)
public holidays; or
(v)
for any purposes for which ordinary weekly salaries are to apply.
NOTE 3:
Employees who are paid long service leave or sick leave at half-pay are to be paid the Field Allowance
and/or the General Purpose Allowance and the Special Payment 12.5 (a) at half the rate if they receive
these allowances on a permanent basis.
12.6
All Purposes
Employees ordinary weekly salaries shall be paid for all purposes.
"All purposes" shall cover all circumstances where employees' ordinary weekly salary rates are applied.
12.7
Employees will be paid the following salary increases on the dates as shown:
-
12.8
4.5%
payable after the first pay period commencing on or after 1st December, 2004.
Salary Sacrifice
(a)
Notwithstanding the salaries prescribed by this Clause, an employee may elect, subject to the
agreement of TransGrid, to sacrifice a portion of the salary payable under this Clause to
additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate.
The amount sacrificed must not exceed fifty (50) percent of the salary payable under this Clause
or fifty (50) percent of the currently applicable superable salary, whichever is the lesser. In this
Clause "superable salary" means the employee’s salary as notified from time to time to the
relevant trustee as required under the scheme rules.
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(b)
(c)
12.9
8 July 2005
Where the employee has elected to sacrifice a portion of that payable salary to additional
employer superannuation contributions:
(i)
subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary
subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion;
and
(ii)
those allowances, penalty rates, payments for unused leave entitlements, weekly worker’s
compensation or other payments, to which an employee is entitled under this Award and
which are determined by reference to an employee’s salary shall be calculated by reference
to the salary before any sacrifice for superannuation under this Award.
The employee may elect to have the portion of payable salary, which is sacrificed to additional
employer superannuation contributions:
(i)
paid to the Energy Industries Superannuation Scheme Division A; or
(ii)
subject to TransGrid's agreement, paid to a private sector complying superannuation
scheme as employer superannuation contributions.
(d)
Where the employee elects to sacrifice salary in terms of subclause (c) above TransGrid will pay
the sacrificed amount into the relevant superannuation scheme. TransGrid must ensure that the
amount of any additional employer superannuation contributions specified in subclause (a) above
is included in the employee’s superable salary, which is notified to the relevant Trustee as
required under the scheme rules.
(e)
Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee
had entered into an agreement with TransGrid to have superannuation contributions made to a
superannuation scheme other than a scheme contained in the Energy Industries Superannuation
Scheme Trust Deed, TransGrid will continue to base contributions to that other scheme on the
salary payable under this Clause to the same extent as applied before the employee sacrificed
portion of that salary to superannuation. This Clause applies even though the superannuation
contributions made by TransGrid may be in excess of superannuation guarantee requirements
after salary sacrifice is implemented.
(f)
Additional taxation costs associated with the salary sacrifice will not be borne by TransGrid and
deduction limits may be imposed to avoid additional taxation costs to TransGrid.
Salary Sacrifice in addition to Superannuation Benefits
In addition to clause 12.8, employees may elect to salary sacrifice for non-salary benefits through an
approved third party provider of such benefits. Each employee who negotiates an individual salary
sacrifice arrangement will be required to enter into an agreement with an approved third party.
The employee should be aware that any individual salary packaging arrangement would result in their
gross taxable salary being reduced.
Employees participating in any such arrangements shall advise TransGrid of the relevant details,
including commencement and cessation of the arrangement, to allow the necessary payroll deductions to
take place.
TransGrid are not responsible for the establishment or administration of any such arrangements and the
provision of benefits shall be cost neutral.
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12.10 Tool Allowance
Tradespersons, in the trades classifications of Carpenter or Painter, must be paid the tool allowance
prescribed from time to time by the appropriate general State Award, in addition to their ordinary weekly
salary.
The tool allowances are paid for all purposes.
12.11 First Aid Allowance
Employees, who are nominated to carry out first aid duties, must be paid $12.60 per week or part
thereof.
Employees, who are current holders of the Occupational First Aid Certificate, must be paid 50% above
this rate.
12.12 Rehabilitation Coordinators Allowance
Employees, who are nominated to carry out the duties of Rehabilitation Coordinator must be paid an
allowance $35.00 per week.
The Rehabilitation Coordinators allowance is paid for all purposes.
12.13 Redeployment/Relocation Entitlements
Employees, who are in receipt of either Special Power Station Allowance or Special Other Division
Allowance under redeployment or relocation entitlements conditions, must continue to be paid the
allowance at the rate(s) determined by TransGrid until they are appointed to a new position.
Employees are only to be paid the higher of either the Field Allowance or the appropriate "Special
Allowance".
12.4
Bonus Scheme
A bonus scheme of up to a maximum of $1500 is to be made available to Award staff, based on ACCC
incentive scheme payments, during the 2004/05 Financial Year only.
13. Classifications
13.1
The classifications of TransGrid employees are:
Classification
(a)
Administrative Officers
(b)
Engineering Officers
(c)
Professional Officers
(d)
Operators
Administrative, Engineering and Professional Officers' and Operators' positions are evaluated and
allocated a range of salary points in accordance with the agreed Job Evaluation procedure.
(e)
Power Workers
(f)
Tradespersons
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Progression of Power Workers and Tradespersons is based on the relevant Skills Development
Programs.
(g)
Apprentices
14. Classification Advisory Committee
14.1
Purpose
The purpose of the Committee is to recommend appropriate salary point(s) for a position(s).
14.2
Constitution
The Committee consists of:
14.3
(a)
a Chairperson appointed by TransGrid
(b)
two TransGrid representatives
(c)
two representatives of employees appointed from time to time by the relevant Union(s) having
regard to the classification under review.
Powers
The Committee can:
(a)
(b)
(c)
14.4
consider applications for alterations of salary points on the ground of altered circumstances by:
(i)
unions on behalf of an employee or groups of employees
(ii)
TransGrid
consider any errors or anomalies in the salary points of:
(i)
an employee(s)
(ii)
any position
recommend appropriate salary points for new positions.
Procedures
The Committee proceeds by exchange of views and discussion, not by vote. It is the responsibility of
the Chairperson to prepare a report, including a recommendation, to the Chief Executive of TransGrid,
setting out the view of the Committee. If there are differing views, the report must include them.
14.5
Confidentiality
All proceedings of the Committee are confidential.
14.6
This Clause will not prejudice or affect any right any person may have under the Industrial Relations Act
1996.
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15. Forms of Employment
15.1
Employment may be full-time, part-time, casual or temporary.
Forms of employment will be determined by local management taking into consideration the needs of the
business.
If part-time, casual or temporary employment is to be introduced, no full-time employee will be
displaced.
TransGrid does not intend to create a workforce of part-time, casual, temporary, labour hire employees
or contractors.
Labour hire employees would only be used as supplementary labour for a period of no longer than three
months.
Any intent to utilise contractor services will be discussed under the consultative mechanisms established
under this Award, prior to implementation.
TransGrid maintains the right to use bona fide contractors when it is deemed necessary in the following
circumstances:
(a)
where specific expertise is required in order to undertake non core work,
(b)
where failure to complete work in a reasonable time would jeopardize the safety of the public or
impact adversely upon network or system performance
(c)
where the use of contractors represents the most commercially advantageous option, taking into
consideration quality, occupational health and safety and the overall strategic direction of
TransGrid.
It is not the intention of TransGrid to outsource core work. TransGrid shall give three (3) months notice
of an intention to outsource such work on a long-term basis.
Any dispute in relation to the use of contractors or labour hire employees will be addressed under clause
33, Grievance and Dispute Procedure of this Award.
Full-Time
15.2
Who is a Full-time Employee?
A full-time employee is any permanent employee who normal observes full-time ordinary weekly
working hours on either a day or shift pattern.
Part-Time
15.3
Who is a Part-time Employee?
A part-time employee is a permanent employee who works a constant number of hours which are less
than the full-time ordinary weekly working hours, in accordance with the standard Part-time Work
Agreement contained in Schedule B of this Award.
15.4
Hours of Work
The minimum number of hours to be worked by a part-time employee is 14 hours or 2 shifts per week.
The minimum number of hours to be worked per day of attendance is 3 hours and 30 minutes.
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15.5
8 July 2005
Rates of Pay
Part-time employees are paid the hourly rate for their classification.
15.6
Overtime
Overtime must be paid in accordance with 20. Overtime - Day Work but only when nominated hours are
exceeded or work is performed outside the spread of ordinary hours.
15.7
Entitlements
Part-time employees receive the same entitlements that are contained in the Award for full-time
employees. These entitlements are in proportion to the number of ordinary hours worked to full-time
ordinary working hours.
15.8
Returning to Full-time Employment
Full-time employees may work part-time subject to agreement of the to full time relevant General
Manager. These employees can return to full-time work at the end of the period of part-time work.
Casual
15.9
Who is a casual Employee?
A casual employee is any employee who works on an hourly basis, as required, and is paid as such.
15.10 Hours of work
The hours of duty for casual employees are determined by local management within the spread of
ordinary working hours.
15.11 Rates of pay
Casual employees are paid:
(a)
the hourly rate for the appropriate salary point for their classification; and
(b)
a loading of 20%.
15.12 Overtime
Overtime must be paid in accordance with 20. Overtime - Day Work but only when nominated hours are
exceeded or work is performed outside the spread of ordinary hours.
15.13 Termination
The services of a casual employee can be terminated by:
(a)
an hour's notice given by either management or the employee; or
(b)
payment by management of an hour's salary instead of notice; or
(c)
forfeiture by the employee of an hour's salary instead of notice.
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15.14 What is the minimum payment for each start?
A casual employee is entitled to:
(a)
a minimum of 3 hours pay in respect of each start; and
(b)
reimbursement of all fares incurred in travelling to and from work only when the minimum is
paid.
15.15 Employees, appointed to carry out the duties of an Occupational Health Nurse, on a casual basis, are to
be paid:
(a)
at the rate applicable to Salary Point 23 at the location; and
(b)
a loading of 20%.
Any time worked in excess of seven hours per day is to be paid at ordinary time.
Apart from the provisions of 15.9 to 15.11, 15.13 and 15.14 there is no entitlement to any other
provisions of this Agreement.
Temporary
15.16 Who is a temporary employee?
A temporary employee is any employee who works set and regular hours for a period of limited duration
on a full-time or part-time basis.
The maximum duration of temporary employment is 12 months. If the position is not held by a
permanent employee and is still required, the position must then be advertised and filled on a permanent
basis.
15.17 Hours of work
The commencing and finishing times for each day are determined by local management.
15.18 Rates of pay
Temporary employees are paid the hourly rate for their classification.
15.19 Overtime
Overtime must be paid in accordance with 20. Overtime - Day Work but only when nominated hours are
exceeded or work is performed outside the spread of ordinary hours.
15.20 Termination
The services of a temporary employee will be terminated:
(a)
at the end of the period of employment; or
(b)
by local management or employee giving at least one week's notice.
15.21 Entitlements
Temporary employees receive the same entitlements that are contained in the Award for full-time
employees. These entitlements are in proportion to the number of ordinary hours worked to full-time
ordinary working hours.
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16. Calculation of Service
16.1
What counts as service?
In calculating service, TransGrid must include:
16.2
(a)
periods of annual and long service leave
(b)
periods of sick leave with or without pay
(c)
periods of approved leave with pay
(d)
periods of approved leave without pay not exceeding 20 consecutive working days or equivalent
hours of shifts
(e)
periods of approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been specifically authorised to be counted as service
(f)
periods of absence for which workers' compensation payments are made
(g)
periods of service as an employee on probation
(h)
in the case of an employee transferred from Pacific Power:
(i)
actual service with Pacific Power; and
(ii)
service with another employer which had been counted as service by Pacific Power
(i)
any previous period of service with TransGrid in accordance with (a) to (h) for an employee who
had resigned or been discharged and later re-employed.
(j)
any previous period of service with TransGrid in accordance with (a) to (h) of an employee who
had been dismissed and later re-employed if that employee current period of service under (a) to
(h) is more than five years.
If payment for long service leave has been received by an employee, any service recognised in
accordance with (i) and (j) is counted for qualifying purposes for future calculation only.
17. Terms of Employment
17.1
Payment of salaries
If requested by a majority of employees appointed to a field location, balancing of ordinary pay for time
worked must be arranged as far as possible so that the salary payable to employees each week is adjusted
to reduce fluctuations in weekly pay.
17.2
The ordinary weekly salary of an employee appointed to the Sydney Office must not vary from week to
week as a consequence of accumulating debits or credits of ordinary hours in a given week.
17.3
Annualised Salaries
The Working Party established to consider:
(a)
an Annualised Salary Agreement;
(b)
Handover Time, and
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the introduction of 12 hour shifts
for Operating staff who work on a 7 x 3 shift roster, will continue to meet to resolve outstanding issues.
At each location all of the eligible Operating staff must elect to transfer to the Annualised Salary system.
17.4
Payments for salary and leave must be made only to the employee entitled to them, or to a person
authorised by the employee to receive the payments.
17.5
TransGrid may deduct from an employee's pay, contributions or payments for approved purposes, or for
the payment to TransGrid of money due by the employee under hire purchase, tenancy or other
agreements only if the employee gives TransGrid written authority.
17.6
Overtime and Shift work
For the purpose of meeting the needs of the industry, TransGrid require an employee to work:
(a)
reasonable overtime, including Saturdays, Sundays and public holidays
(b)
day work or shift work, or to transfer from one system of working to another, including transfer
from one system of shift work to another.
Unless a reasonable excuse exists, an employee will work or transfer in accordance with these
requirements.
17.7
Wet Weather
In the event of wet weather, no deductions from employees' salaries will be made if:
17.8
(a)
they report for duty;
(b)
they work until the officer-in-charge directs work to stop; and/or
(c)
they stand by as directed.
Termination of Service
Employees' service may be terminated by:
(a)
resignation, i.e. voluntarily leaving the service of TransGrid
(b)
retirement on account of ill-health, which makes employees unable now and in the future to
perform the duties of their appointed grade. TransGrid's Occupational Health Physician and/or
other medical practitioner, as agreed to by TransGrid and the Secretary of the Union concerned,
must issue a certificate to this effect
(c)
dismissal
(d)
mechanisation or technological changes in the industry.
If TransGrid terminates the employment of an employee who has been employed by it for the
preceding 12 months, because of mechanisation or technological changes in the industry, it must
give the employee:
(i)
three months notice; or
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(ii)
17.9
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pay at the ordinary rate for the balance if it gives less than three months' notice. This
period of three months counts as service for the calculation of annual leave and long
service leave entitlements of the employee.
Employees who are absent without approval for a continuous period of five working days for reasons
other than certified sickness or extenuating circumstances acceptable to TransGrid as satisfactory, shall
be deemed to have resigned.
17.10 Period of notice
Employees must give TransGrid at least one months' notice of their intention to resign, unless their terms
of employment provides for a different period.
17.11 In all other cases of termination, except dismissal, TransGrid must give the employee at least one
months' notice, unless their terms of employment provides for a different period.
This does not affect the right of TransGrid to dismiss employees without notice. The salaries of
employees who are dismissed, together with their entitlements to payments for annual leave and long
service leave must be paid up to the time of dismissal.
18. Hours and Work Patterns - Day Workers
18.1
Day workers are employees who work their ordinary hours from Monday to Friday inclusive and who
are not entitled to a paid meal break during their ordinary working hours.
18.2
Hours of work
The ordinary hours of work for day workers are 35 hours per week or 70 hours per fortnight where a
nine-day fortnight is observed.
18.3
18.4
18.5
Employees in the Sydney Office:
(a)
work a Variable Working Hours system to meet business and personal needs, in accordance with
the Grid Standard; and
(b)
observe a span of ordinary working hours between 7.00am and 7.00pm, Monday to Friday.
Employees at field locations:
(a)
work a nine-day fortnight system; and
(b)
observe a span of working hours between 6.00am and 6.00pm, Monday to Friday. Daily
commencing and finishing times are determined by local agreement. However, by agreement
with local management, employees may vary their commencing and/or ceasing times.
Accrual of Days Off
Employees may elect to accrue up to a maximum of 5 rostered days off or special days off for the
purposes of taking time off for any reason.
Employees wishing to accrue "days off" must obtain prior approval that the day(s) chosen to work is
suitable to their team leader. Similarly, the time taken off must be on date(s) agreed to by employees
and their team leader.
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19. Shift Work
19.1
Averaged Salary
Employees appointed to a permanent shift work position in the classifications of Operators or
Engineering Officers will be paid on an averaged salary basis calculated in accordance with the
provisions of Schedule A to this Award.
Employees acting in the capacity of a shift work position shall also be paid on an averaged salary basis.
19.2
Averaged Salary Percentage
Operators
The Averaged Salary percentage payment to be applied for Operators working a seven-man 7 x 3 roster
will be 34.5%.
The Averaged Salary percentage payment to be applied for Operators working a six-man 7 x 3 roster will
be 38.2%.
Engineering Officers
The Averaged Salary percentage payment to be applied for Engineering Officers (Shift Fitters) working
a four man 5 x 2 roster will be 18%. This is not inclusive of public holiday penalties, which are to be
paid in addition to this percentage payment.
Note 1:
All general rules provided under Schedule A of this Award remain applicable to employees working
shiftwork.
Averaged Salary combines ordinary weekly salary with shift work penalty payments including, Shift
Allowance, Shift Penalty and Roster Loading, which is averaged over the financial year and paid in
regular equal instalments.
Averaged Salary is calculated on shift work provisions contained within clause 19, of the TransGrid
Employees Award 2002, listed in Schedule A of this Award.
19.3
Payment of Averaged Salary
Averaged Salary will be paid for the following:
(a)
All Shifts worked as part of the normal shift roster
(b)
All rostered day work
(c)
Annual leave
Note 2:
The averaged salary percentage (%) loading will be paid for Annual Leave taken or cleared from the
date that an averaged salary agreement was previously entered into, where applicable, or from the date of
commencement of this Award.
Note 3:
Upon termination of employment, where the balance of Annual Leave credits accrued between the date
that an averaged salary agreement is entered into and the termination date is greater than annual leave
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taken over the same period, the residual leave entitlement over this period will have the percentage (%)
loading applied to the residual annual leave balance upon termination.
All other Annual Leave entitlements paid on termination will be paid at the ordinary base rate of pay and
will not include the percentage (%) loading.
19.4
Circumstances Under which Averaged Salary Will not be paid
Averaged salary will not be paid for:
(a)
Additional shifts (covering sickness, training etc.). These are to be paid at normal overtime rates.
(b)
Long Service leave.
(c)
Sick Leave.
Note 4:
During a period of sick leave, salary will be reduced by deduction of shift allowance, shift penalties and
roster loading if applicable; thus sick leave will revert to base pay for hours that would have been
worked during the rostered shift.
20. Overtime - Day Work
20.1
What is overtime?
Overtime is all time worked on:
20.2
(a)
Mondays to Fridays before established commencing time
(b)
Mondays to Fridays after established finishing time
(c)
Saturdays
(d)
Sundays
(e)
Public Holidays.
How is it calculated?
In calculating how much overtime a day worker works, each working day is treated separately. Periods
worked before the established commencing time and after the established finishing time on a particular
day are added together to give the worker's total overtime for that day. When a new day starts, the
calculations begin again, except that overtime which begins on one day is counted for that day, even if it
continues into the next day.
20.3
What are the rates of pay?
Day workers must be paid the following rates for overtime:
Day
(a)
Monday to Friday
Period
- first two hours
- after two hours
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Rate
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
(b)
Saturday (not a public holiday)
(c)
Sunday (not a public holiday)
(d)
Public holiday
8 July 2005
before midday
- first two hours
- after two hours
1.5
2.0
after midday
- all hours worked
2.0
2.0
- in ordinary
working hours
2.0+
ordinary pay
- outside ordinary
working hours.
20.4
2.0
Minimum payment for non-merging overtime
An employee must be paid a minimum of 4 hours at the appropriate overtime rate if the period of
overtime the employee is required to work is not connected to the ordinary working time (This does not
apply to an employee required to standby under 30. Standby and "On Call").
20.5
Cancellation
If TransGrid cancels a period of prearranged overtime for any reason at short notice it must pay the
employee if notified:
(a)
at home within one hour of the time the employee was to leave home - one hour at single time
(b)
between the employee's home and the place of work - 3 hours at single time
(c)
at the place of work - 3 hours at the appropriate overtime rate.
However, an employee who has reported at the place of work may be required to carry out alternative
work for a minimum of 3 hours. Employees who refuse to do this work are not entitled to any overtime
payment but they will be paid excess travel and fares, where applicable.
20.6
Travel associated with merging overtime
Employees, who work overtime which merges with normal or rostered working hours, must have their
travel to and/or from their homes, arranged by TransGrid if reasonable means of public transport are not
available. Additional time and/or costs incurred will be paid in accordance with 32. Travelling Time
and Fares.
20.7
Travel associated with non-merging overtime
Employees, who work overtime which does not merge with normal or rostered working hours, must be
paid for all reasonable time travelled, except when they receive a minimum payment in accordance with
20.4.
Employees shall receive the amount by which the sum of the actual time worked, at the appropriate rate,
plus the entitlement to travelling time, in accordance with 32. Travelling Time and Fares, exceeds the
minimum payment.
TransGrid must reimburse employees for any fares incurred.
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20.8
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10 Hour Breaks
Employees, who work periods of overtime between completing their ordinary work on one day and
commencing it on the next shall, whenever reasonably practicable, observe a break of 10 consecutive
hours when
(a)
period(s) of overtime and associated travelling time aggregate to 4 or more hours; or
(b)
where the period of overtime and associated travelling time is less than four hours and they return
to their place of residence after midnight.
The breaks commence from the time of return to their normal place of residence.
20.9
Continuing to work after completing overtime
Employees, who complete overtime within 2 hours of their next ordinary commencing time, may with
the agreement of their Team Leader, continue working (at ordinary rates of pay) and bring forward their
finishing time upon completing the period of their normal daily attendance.
If agreement is not reached with the Team Leader the provisions of 20.8 will be applied.
20.10 Resuming work without a 10 hour break
If employees resume or continue work without a 10 hour break, TransGrid must pay them double time
until released from duty. They may then be absent until they have had a 10 hour break.
20.11 Employees must be paid at ordinary rates for any working time which occurs during a 10 hour break.
20.12 If employees:
(a)
have had a 10 hour break; and
(b)
are recalled to work overtime whether notified before or after leaving their place of work; and
(c)
commence that overtime starting at least 8 hours after their ordinary finishing time on day 1 and
before 5.00am on day 2; and
would normally be required to work on day 2,
(d)
then the employees may defer their ordinary commencing time on day 2 for a period equal to the time
worked between the commencement of the overtime and 5.00am.
20.13 If employees are required to continue to work during part of the period they would normally stand down,
TransGrid must pay these employees for the period of stand down not taken at overtime rates.
20.14 Standing-by for overtime
Employees, required to hold themselves in readiness to work overtime after their ordinary finishing time,
must be paid for that time at ordinary rates for the period between the ordinary finishing time and the
commencement of the overtime. However, this condition does not apply to employees required to
standby under 30. Standby and "On Call".
20.15 Employees above salary point 35
Employees above salary point 35 must not be paid overtime without the Chief Executive's approval.
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21. Overtime - Shift Work
21.1
What is overtime?
Overtime is all time worked by shift workers before commencing time or after finishing time of rostered
shifts.
21.2
How is it calculated?
In calculating how much overtime a shift worker works, each working day is treated separately. Periods
worked before the ordinary commencing time and after the ordinary finishing time on a particular day
are added together to give the worker’s total overtime for that day. When a new day starts, the
calculations begin again, except that overtime which begins on one day is counted for that day, even if it
continues into the next day.
21.3
What are the rates of pay?
Shift workers must be paid the following rates for overtime:
Day
Period
Rate
(a)
Monday to Friday
- first two hours
- after two hours
1.5
2.0
(b)
Saturday (not a public holiday)
before midday
- first two hours
- after two hours
1.5
2.0
after midday
- all hours worked
21.4
(c)
Sunday (not a public holiday)
(d)
Public holiday
2.0
2.0
all hours worked
2.5
Time worked - during rostered break
All time worked during a shift worker's rostered break is paid at the rate of double time.
(A shift worker's rostered break is a period of at least one day's duration when the shift worker is not
required to work an ordinary shift).
21.5
Time worked - on non-working days
Employees who:
21.6
(a)
work on a Saturday or Sunday while rostered on a five day, Monday to Friday, shift system; or
(b)
work on a Sunday while rostered on a six day, Monday to Saturday, shift system shall be paid at
ordinary overtime rates for the day(s) concerned.
Minimum payment for non-merging overtime
An employee must be paid a minimum of 4 hours at the appropriate overtime rate if the period of
overtime the employee is required to work is not connected to the ordinary working time. (This does not
apply to an employee required to standby under 30. Standby and "On Call").
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21.7
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Irregular shift work-merging overtime
Employees who:
21.8
(a)
are required to work irregular shift work; and
(b)
are being paid double time for the ordinary time they work in accordance with clause 19.30
contained in Schedule A of this Award; and
(c)
work overtime which merges with the finishing time of the shift they are working must be paid at
the rate of double time for that overtime.
10 and 8 hour breaks
Employees, who work periods of overtime between completing their ordinary work on one shift and
commencing it on the next shift, are entitled to:
(a)
a break of 10 consecutive hours when period(s) of overtime and associated travelling time
aggregate to 4 or more hours; or
(b)
a break of 8 consecutive hours if the period of overtime and associated travelling time is less than
four hours and they return to their place of residence after 11.00pm.
The breaks commence from the time of return to their normal place of residence.
21.9
Resuming work without a 10 or 8 hour break
If employees resume or continue work without a 10 or 8 hour break, TransGrid must pay them double
time until released from duty. They must then be absent until they have had a 10 or 8 hour break.
21.10 Employees must be paid at ordinary rates for any working time which occurs during a 10 or 8 hour
break.
21.11 If employees are required to continue to work during part of the period they would normally stand down
TransGrid must pay these employees for the period of stand down not taken at overtime rates.
21.12 Employees who have returned home after working overtime during a rostered break are entitled to the 10
or 8 hour break provision in respect of the period before commencement of the next ordinary shift.
21.13 Time off between shifts
The rest period off duty must not be less than 8 consecutive hours for the purpose of changing shift or
shift rosters or where a shift is worked by arrangement between employees themselves.
21.14 Shift workers called out - not on standby
Shift workers must be paid double time for any overtime worked if they:
(a)
have completed their ordinary shift and returned home; and
(b)
are notified after leaving their place of work that they are required to work overtime; and
(c)
start the overtime 2 hours or more before the starting time of their next ordinary shift; and
(d)
continue to work up to the starting time of that shift.
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If the overtime finishes before the next ordinary shift starts, the shift workers are to be paid double time
for the overtime worked, with a minimum payment equal to 4 hours at the appropriate overtime rate.
If the overtime commences less than two hours before the commencing time of the next rostered shift,
such overtime will be paid at the appropriate overtime rate, provided that the overtime worked merges
with the commencing time of the next rostered shift.
If the overtime finishes before the next ordinary shift starts the shift workers are to be paid at the
appropriate overtime rate for the time worked, with a minimum payment equal to four hours at the
appropriate overtime rate.
21.15 Notified of overtime before leaving work
Shift workers must be paid at the appropriate overtime rate for any overtime worked if they:
(a)
are notified before leaving their place of work; and
(b)
commence a period of overtime which does not merge with their current ordinary shift; and
(c)
continue to work up to the starting time of their next ordinary shift.
If the overtime finishes before the next ordinary shift starts, shift workers are to be paid at the
appropriate overtime rate for the time worked with a minimum payment equal to four hours at the
appropriate overtime rate.
21.16 Twelve hour maximum
If shift workers have to work overtime for 4 or more days due to a temporary shortage of trained staff,
TransGrid may arrange the overtime so that each normal shift plus the overtime does not exceed a total
of 12 hours.
21.17 When overtime is not paid
Shift workers are not entitled to be paid overtime rates if the cause of the work arises from:
(a)
the customary rotation of shifts; or
(b)
arrangements between or at the request of the shift workers themselves.
22. Meal Allowances on Overtime
22.1
When are meal allowances paid?
Employees must be paid allowances for meals as follows:
(a)
Day workers
Time
Monday to Friday
Amount of Continuous Overtime
1 hour 30 minutes
5 hours
9 hours
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Allowance
$11.80
$23.60
$35.40
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
Non-working days
(b)
4 or more hours(during hours usually
worked Monday to Friday)
$11.80
1 hour 30 minutes before or after
ordinary hours
5 hours before or after ordinary hours
9 hours before or after ordinary hours
$11.80
Amount of Continuous Overtime
Allowance
$23.60
$35.40
Shift workers
Type of Overtime
22.2
8 July 2005
Additional to rostered
shift
1 hour 30 minutes
5 hours
9 hours
$11.80
$23.60
$35.40
Worked on rostered day
off
4 or more hours (during hours worked
last rostered shift)
1 hour 30 minutes before or after
ordinary hours
5 hours before or after ordinary hours
9 hours before or after ordinary hours
$11.80
$11.80
$23.60
$35.40
(c)
an employee is not entitled to more than three meal allowances for any one period of continuous
overtime.
(d)
employees must be paid a meal allowance of $11.80 if they have prepared a meal in readiness for
working overtime which was cancelled at short notice.
Employees above salary point 35
Employees who are above salary point 35 and who are not engaged on shift work are also entitled to
meal allowances under the same conditions as apply to day workers.
23. Meal Breaks - Day Work
23.1
Employees are entitled to normal meal breaks on ordinary working days unless there is an emergency.
23.2
Employees may take meal breaks as they fall due or at some other time by arrangement with the
supervisor. However, employees must not go without a meal break for more than 5 hours unless there is
an emergency.
23.3
Disrupted meal breaks
Employees who are unable to take all or part of their normal meal break must be paid:
23.4
(a)
overtime for the untaken part of the meal break; and
(b)
overtime rates until such time the meal break is taken.
Overtime - Monday to Friday
Employees who are required to work overtime for a continuous period either before their ordinary
commencing time or after their ordinary finishing time are allowed:
(a)
leave as after 1 hour 30 minutes - a meal break of 20 minutes
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8 July 2005
(b)
after 4 hours - a second meal break of 20 minutes but only if the employees continue the
overtime for at least another hour.
(c)
after 8 hours - a third meal break of 20 minutes but only if the employees continue the overtime
for at least another hour.
23.5
The meal break must be paid at the appropriate overtime rate.
23.6
Employees may take the first meal break:
23.7
(a)
during ordinary working hours without loss of pay if the entitlement coincides with the ordinary
commencing time; or
(b)
at the commencement of the overtime or later by arrangement with the supervisor, if the period of
continuous overtime begins after the ordinary finishing time.
Overtime - Saturday, Sunday or public holiday
Employees who are required to work for a period of continuous overtime on a Saturday, Sunday or
public holiday are entitled to:
23.8
(a)
a meal break of 20 minutes with pay only if they are working during what would be their ordinary
working hours and the overtime is for more than 4 continuous hours; and/or
(b)
meal breaks with pay as set out in 23.4.
Overtime - meal breaks count
Meal breaks with pay allowed in connection with overtime are considered to be overtime. They do not
break continuity and must be included in computing the amount of overtime worked by employees.
23.9
Overtime - extension of meal breaks
Employees may extend meal breaks during overtime up to one hour if the supervisor agrees. The time in
excess of 20 minutes is not paid.
24. Higher Grade Work and Pay
24.1
Obligation to work in a higher grade
Employees must carry out work at a higher grade as directed and must be paid in accordance with the
provisions of this Clause.
Employees will not be compelled to work in a higher grade, should they object to such work, if it is not
reasonable or practicable for them to do so.
24.2
Payment for higher grade work
Employees must be paid higher grade pay if they are directed to carry out any higher graded work for
one hour or more in any one day or shift.
These employees must receive the salary specified of an employee performing the particular class of
work.
Employees who work at a higher grade for more than a half-day or shift must be paid the higher rate for
all ordinary time worked during the day or shift.
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24.3
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Aggregation
Any time spent in another position equal to or higher than the grade of the position in which employees
are acting must be counted as having been spent in the position under consideration in calculating
whether the employees are entitled to higher grade pay for the purposes of this Clause.
24.4
Payment for Leave, Sick Leave etc
Employees must be paid higher grade pay during annual leave, paid sick leave, or periods of absence on
accident pay if they have been paid the higher grade pay:
(a)
for a continuous period of three calendar months immediately before the leave; or
(b)
for broken periods which total more than six months, during the 12 calendar months immediately
before the leave is taken.
24.5
No payments will be made under this Clause to employees on long service leave or for payments for long
service leave or retiring allowance.
24.6
Absences on personal leave, sick leave, or accident pay, or the carrying out of lower graded work, that
total not more than 5 working days or shifts during the three months continuous period in 24.4 (a) are not
considered to break the continuity of the higher grade work.
24.7
If employees qualify for higher grade pay for periods in accordance with 24.4, those periods must be
taken as having been spent on higher grade duties in calculating the rate applicable for continued higher
grade duty or for absences on annual leave, sick leave or accident pay.
24.8
Public holidays
Employees must be paid the higher grade rate for any public holiday which occurs during a period of
work for which the employees are receiving higher grade pay.
24.9
Employees must be paid higher grade pay for a public holiday if they receive that pay for any part of the
days preceding and following the public holiday.
24.10 Overtime
Employees who are being paid a higher grade rate must be paid for overtime at that rate if:
(a)
they have to work outside their ordinary hours in their appointed grade, or in their acting position,
or in a grade between their appointed grade and their acting grade; and
(b)
they have been carrying out the higher grade duties continuously for a period of one or more
working days or shifts immediately before the overtime.
24.11 Employees are paid for overtime in their appointed grade at their appointed rate of pay if the overtime:
(a)
is performed between payment of the higher grade pay ceasing and payment at the appointed
grade beginning; and
(b)
is not continuous with work for which higher grade pay is paid.
24.12 Lower graded work
Employees must:
(a)
carry out lower graded work that is temporarily required as directed; and
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be paid not less than their current salary point.
24.13 Training in higher grade
Employees undertaking training for the purpose of gaining experience in a higher graded position must
not be paid at the higher grade rate where:
(a)
the appointed occupant of the position remains on duty and retains the responsibilities of the
position; and
(b)
the periods of training do not exceed a continuous period of three months.
25. Clothing and Tools
25.1
Basis of issue
TransGrid must issue clothing or other articles if it considers them necessary for:
(a)
protection from injury
(b)
protection in wet or hot places
(c)
protection against materials which destroy or damage ordinary clothing
(d)
protection from weather
(e)
identification when dealing with the public.
25.2
TransGrid may issue tools at its discretion.
25.3
Issue and Replacement
TransGrid must issue and replace clothing and tools:
(a)
in accordance with the requirements of the Occupational Health and Safety Act 2000, and other
relevant legislation; or
(b)
if the item is unsuitable for the purposes for which it was issued; or
(c)
if the item is lost and the loss is accounted for satisfactorily.
25.4
An employee must replace or pay for any item of clothing or tools lost or damaged through misuse or
negligence.
25.5
Responsibility
Employees are responsible for:
(a)
the proper care of any clothing or other article issued; and
(b)
the laundering of clothing issued to them unless they are:
(i)
engaged in or exposed to the spraying of lead and/or silica paint
(ii)
handling or exposed to PCB's, asbestos or synthetic fibres or have their clothing
substantially soiled by transformer oil
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exempted by TransGrid.
Disposable Clothing
Disposable overalls may be supplied by TransGrid when using materials in 25.5 (b)(i) and (ii).
25.7
25.8
The employee must wear any clothing or use any tools or articles issued:
(a)
only in the course of duty; and
(b)
for the purpose for which they are issued.
Wet weather Clothing
An employee must return upon request any wet weather clothing which is not issued permanently.
26. Annual Leave
26.1
Amount of leave
Employees are entitled to the following amounts of annual leave after each 12 months' service:
(a)
Day workers - 140 hours
(b)
Shift workers on 7 day rotating roster - 140 hours plus:
(c)
(i)
35 hours after 12 months on the roster; or
(ii)
a proportionate amount of 35 hours for periods less than 12 months on the roster
Shift workers on other than 7 day rotating roster - 140 hours.
140 hours is the equivalent of four weeks annual leave and is not intended to reduce the entitlement to
leave under the Annual Holidays Act 1944.
26.2
Public holidays falling within a period of leave
Annual leave does not include public holidays.
26.3
Rate of pay
Annual leave is paid as follows:
26.4
(a)
Day worker - full pay
(b)
Shift worker - in accordance with clause 19 - Shift Work Averaged Salaries
When can leave be taken?
By mutual agreement, an employee may take annual leave in 1, 2 or 3 separate periods:
(a)
on or after its due date or as rostered; or
(b)
before its due date if approved:
(i)
where a rotating annual leave roster operates;
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where there are special circumstances
Use of annual leave for family care purposes
When an employee takes annual leave for family care reasons a period, not exceeding five days in any
calendar year, may be taken at time(s) agreed to by local management.
The number of "separate periods" may then be increased in addition to the 1, 2, or 3 separate periods in
26.4 above.
26.6
If an employee or TransGrid terminates his or her services for any reason, any amount paid for annual
leave which the employee has taken before its due date is an overpayment. TransGrid may subtract the
amount of overpayment from any money payable to the employee on his or her termination without
affecting its rights to recover the overpayment through court proceedings.
26.7
Notice of leave
Employees must give notice that they intend to take annual leave as soon as practicable and at least one
month before the leave begins. However, if TransGrid agrees that extenuating circumstances exist,
annual leave may be approved at shorter notice.
26.8
Leave on terminating service
If the service of an employee is terminated for any reason TransGrid must pay the employee or the
employee's personal legal representative:
(a)
accrued annual leave for completed years of service; and
(b)
8.3% of the weekly rate of pay at the employee's appointed grade on termination for each
completed or part week of service, for the current leave accrual year.
27. Long Service Leave
27.1
What service counts?
In calculating how much long service leave an employee is entitled to, TransGrid must include:
(a)
actual service with TransGrid
(b)
periods of annual and long service leave
(c)
periods of sick leave with or without pay
(d)
periods of approved leave with pay
(e)
periods of approved leave without pay not exceeding 20 consecutive working days or equivalent
hours of shifts
(f)
periods of approved leave without pay exceeding 20 consecutive working days or equivalent
hours of shifts which have been specifically authorised to be counted as service
(g)
periods of absence for which workers' compensation payments are made
(h)
periods of service as an employee on probation
(i)
periods specified for certain employees under the Transferred Officers Extended Leave Act 1961,
as amended
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(j)
periods of service with another employer where an agreement has been reached between
TransGrid and that employer
(k)
in the case of an employee transferred from Pacific Power those periods served with an employer
immediately before transferring to Pacific Power which counted towards long service entitlements
if the employee transferred in accordance with the provisions of Division I of Part VI of the
Electricity (Pacific Power) Act 1950, as amended or the Electricity Commission (Balmain
Electric Light Company Purchase) Act 1950, or other relevant Acts.
(l)
in the case of an employee whose service with TransGrid was terminated by resignation or by
discharge and who was re-employed, the previous period of service. By definition discharge
means discharge as a consequence of retrenchment, re-organisation or shortage of work or any
reason except dismissal or retirement on account of ill-health.
(m)
in the case of an employee whose service with TransGrid was terminated by dismissal and who
was re-employed and whose current period of service exceeds five years, the previous period of
service.
Employees, who have taken or been paid for long service leave accrued in their previous
period(s) of service and who are re-employed, will have those previous period(s) of service
counted for qualifying purposes only for future entitlements.
27.2
At what rate does leave accrue?
Long service leave accrues as follows:
Length of Service
10 years
15 years
20 years
each year after 20 years
Amount of Leave
13 weeks
19.5 weeks
30.3333 weeks
2.1666 weeks.
It is not intended to reduce the entitlement to leave under the Long Service Act 1955 as amended.
Transferred employees with periods of service listed in 27.1 (j) and (k) must get an amount of long
service leave at least equal to that to which they would have been entitled if they had not transferred.
Any part of their entitlement which they have received from their previous employer is deducted from
the total amount due from TransGrid.
27.3
The entitlement for length of service in between any of the periods listed in 27.2 is worked out on a
proportional basis.
27.4
How is leave paid?
Long service leave is paid at the employee's appointed rate of pay at the time the leave is taken. Upon
termination of employment with TransGrid payment of the value of the long service leave is based on
completed weeks of service.
27.5
When can leave be taken?
Employees may clear long service leave as it becomes due. However, if the time of taking the leave
would seriously inconvenience TransGrid then it must be postponed to a time on which both the
employee and TransGrid can agree.
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An employee may take long service leave:
(a)
(b)
on full pay:
(i)
in periods of four weeks or more; or
(ii)
with the agreement of TransGrid in periods of not less than two weeks; or
on half pay only at a time suitable to TransGrid and at its discretion. If half pay is chosen then
the employee is entitled to a period of absence twice the amount of entitlement.
27.7
Employees must give TransGrid at least one month's notice before the date they intend to take long
service leave.
27.8
Public holidays Falling during leave
Long service leave does not include public holidays.
27.9
On leaving between 5 and 10 years
If an employee has completed at least 5 years' service as an adult (as defined in the Long Service Leave
(Amendment) Act 1963), then the employee is entitled to a proportional amount of long service leave
equal to 1.3 weeks for each year of total service (whether as an adult or not) if:
(a)
TransGrid terminates the service of the employee for any reason; or
(b)
the employee ceases work because of illness, incapacity or domestic or other pressing necessity;
or
(c)
the employee dies.
TransGrid must pay the employee (or the legal representative in the case of death) a cash amount
equivalent to the leave.
27.10 After 10 years
If an employee has completed on the termination of employment at least 10 years' service which entitles
the employee to long service leave, then TransGrid must pay the employee (or the legal representative in
the case of death) a cash amount equivalent to any untaken leave.
28. Sick Leave and Accident Pay
28.1
When may employees be granted sick leave?
Employees may be granted sick leave, either with or without pay, when they are absent from work
because:
28.2
(a)
they are personally ill or injured; or
(b)
they visit a medical practitioner for advice and/or treatment for actual or suspected personal
illness or injury and they comply with the regulations in 28.19 to 28.27.
Employees may be granted sick leave with pay to care for or support any dependent child or another
immediate family member who is in need of care or support. The provisions of 29. Leave for Family
Care apply.
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When will sick not be granted?
Employees will not be granted sick leave for any period that they are also leave in receipt of a workers'
compensation payment.
Employees will not be granted sick leave in excess of one week on full pay per year when the personal
illness or injury was caused or substantially brought about by:
28.4
(a)
the employees' wilful act, misconduct or negligence; or
(b)
participation in a game involving risk of injury unless TransGrid accepts that the participation is
beneficial for the health and efficiency of the employee; or
(c)
participation in other employment.
Amount of sick leave
(a)
The amount of sick leave with pay which may be granted will be ascertained by crediting each
employee with the following periods:
Leave on full pay - working days
Upon completion of three months' service
18
Upon completion of twelve months' service
18
Upon completion of each additional 12
months' service
18
These periods are cumulative. In crediting the above amounts after the completion of each year
of service, the minimum requirements of Chapter 2, Part 1, Division 2, Section 26 of the
Industrial Relations Act 1996, will be taken into account.
28.5
(b)
Employees transferred from Pacific Power and who were previously transferred to Pacific Power
from the Commissioner of Railways are entitled to not less than the amount of sick leave they
would have received if they had not transferred.
(c)
Employees transferred from Pacific Power and who were previously transferred to Pacific Power
under the provisions of the Electricity Commission Act 1950, as amended, retain their sick leave
credits they had at the date of transfer.
Calculation of entitlements
When calculating the amount of sick leave with pay for which employees are eligible, sick leave which
has been granted at full pay will be deducted from the entitlements in 28.4.
28.6
Calculation of an employee’s entitlement
For each employee, the number of days for which paid sick leave has already been granted is calculated
by the formula:
Total hours paid sick leave taken x 5, divided by the employee's ordinary weekly working hours.
28.7
Maximum period of leave
The maximum period of continuous paid sick leave is ordinarily 52 weeks.
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28.9
8 July 2005
TransGrid may approve additional sick leave with pay if:
(a)
the employee still has sick leave with pay outstanding after 52 weeks; or
(b)
if all sick leave with pay has been exhausted but TransGrid considers exceptional circumstances
exist, such as the employee's length of service.
Leave to count as service
Any period of sick leave, with or without pay, or leave on accident pay that TransGrid approves, counts
as service.
28.10 Retirement - ill-health
TransGrid may retire employees on account of ill-health, which makes employees unable now and in the
future to perform the duties of their appointed grade. TransGrid's Occupational Physician and/or other
medical practitioner, as agreed to by TransGrid and the Secretary of the Union concerned, must issue a
certificate to this effect.
28.11 Sickness during long service leave and annual leave
If employees are personally ill or injured during annual or long service leave and produce appropriate
medical evidence that they were unable to derive benefit from the leave, they must be granted, if they so
elect, to have the period of illness or injury approved as sick leave:
(a)
for periods of one working day or more in the case of annual leave; or
(b)
for a period of at least 5 consecutive working days in the case of long service leave.
28.12 Public holidays during sick leave
A public holiday will not be counted as sick leave for employees if:
(a)
it occurs during a period of absence on approved sick leave; and
(b)
they would not have been required to work on that day.
28.13 Shift workers may elect to be paid at single time in substitution for sick leave if they:
(a)
do not work a shift for which they are rostered on a public holiday because of personal illness or
injury; and
(b)
comply with the provisions relating to the granting of sick leave; and
(c)
notify TransGrid of the impending absence before the shift begins; and
(d)
submit an acceptable medical certificate in accordance with 28.21 to 28.24.
Shift workers who make this election will not have deductions made from their sick leave entitlements.
28.14 Infectious diseases
Employees may elect to have a period of absence from work because of contact with a person suffering
from an infectious disease or restrictions imposed by law concerning the disease, either:
(a)
treated as sick leave; or
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deducted from their annual leave.
Accident Pay
28.15 Accident pay is an amount that would bring the workers' compensation up to the employee's substantive
salary for the weekly period in which it is paid.
28.16 Employees may be granted accident pay for a maximum period of 52 weeks if they:
(a)
have workers' compensation approved; and
(b)
comply with 28.19 to 28.26.
However, where special circumstances exist, TransGrid may discontinue accident pay at any time after
receipt of such payment for a period of twenty-six weeks.
Regulations
28.17 How to apply
Employees must claim sick leave or accident pay on the appropriate forms.
28.18 Medical examination
If required by TransGrid, employees must be examined by TransGrid's Occupational Physician as soon
as they are physically able.
28.19 Absence of more than3 days
Employees must submit a certificate from TransGrid's Occupational Physician or another medical
practitioner to cover all periods of absence for which the employees claim:
(a)
sick leave, with or without pay, exceeding three working days which are consecutive days; or
(b)
accident pay.
28.20 The medical certificate must contain:
the name of the employee
the period the employee is likely to be unfit for work
the date of which the employee will be able to report to
TransGrid's Occupational Physician
the date the employee first consulted a medical practitioner or TransGrid's Occupational Physician
the medical practitioner's qualifications, name, address and signature or the signature of TransGrid's
Occupational Physician; and
the date of issue of the certificate.
28.21 If the certificate does not include the nature or cause of the illness or injury, TransGrid may refer the
employee to a nominated medical practitioner for examination.
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28.22 Employees, who have applied to a medical practitioner for a medical certificate and are unable to obtain
such certificate, must submit a statutory declaration containing :
the name and address of the medical practitioner
the date of the consultation; and
the reasons for not obtaining a certificate.
28.23 If TransGrid's Occupational Physician certifies an employee as unfit for work, the employee must obtain
a medical certificate from another medical practitioner when required by TransGrid's Occupational
Physician.
28.24 Sick leave or accident pay is paid to those employees only from the date on which they first consulted a
medical practitioner and obtained a medical certificate. They may also be paid for a period before the
consultation if the period does not exceed:
(a)
three working days which are consecutive; and
(b)
two non-working days; and
(c)
any public holiday; and
(d)
any special day off related to the working of a nine day fortnight.
28.25 Absences of three days or less
Employees must be able to prove to the satisfaction of their controlling officers that they were unable to
attend for duty when claiming sick leave for three consecutive working days or less.
28.26 Disputed Medical Certificate
If TransGrid disputes a medical certificate, a referee may be appointed who is a medical practitioner
agreed on by the employee and TransGrid. Any medical certificate issued by that referee must be
accepted by the employee and TransGrid as conclusive.
TransGrid must pay the fee if the referee decides in favour of the employee and employees must pay the
fee if the decision is against them.
TransGrid must allow the employee to have leave with pay for any medical examination by the referee.
28.27 Each employee who is admitted to hospital must obtain a medical certificate stating:
(a)
the date of admission
(b)
the nature of the incapacity for work
(c)
the anticipated period of absence.
Employees must obtain a medical certificate for each 4 weeks they are in hospital.
29. Leave for Family Care
29.1
Purpose
To provide care and support for persons who are ill and in need of an employee's personal care.
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Types of Leave
An employee may apply for:
(a)
sick leave with pay, or
(b)
annual leave; or
(c)
personal leave without pay.
When applying for sick, annual or personal leave without pay for family care purposes, employees shall
if required, establish by production of a medical certificate or statutory declaration the illness of the
person in need of their personal care.
Note: The taking of leave for family care applies in addition to:
29.3
(a)
the accrual of 5 flexi days, rostered days off or special days off to attend to family related matters;
and
(b)
the provisions of personal leave contained in TransGrid's Grid Standard.
Eligibility
To be eligible to take leave for family care, the employee must be personally responsible for the care or
support of the person who is ill.
The person who is ill must be either any dependent child or immediate family member including:
(a)
the employee's spouse or former spouse; or
(b)
the employee's de facto spouse or former de facto spouse who:
(i)
is of the opposite sex; and
(ii)
lives with the employee as the husband or wife on a bona fide domestic basis although not
legally married to the employee; or
(c)
a same sex partner who lives with the employee as the de facto partner of that employee on a
bona fide domestic basis; or
(d)
a child or an adult child including an adopted child, a step child, a foster child or an ex-nuptial
child; who is wholly or substantially dependent on the employee or in need of care or support;
(e)
a parent or step-parent of the employee or of a spouse or former spouse of the employee,
including foster parent, legal guardian, authorised carer; or
(f)
a grandparent or step-grandparent of the employee or of a spouse or former spouse of the
employee; or
(g)
a grandchild or step-grandchild of the employee or of a spouse or former spouse of the employee;
or
(h)
a sibling or step-sibling of the employee or of a spouse or former spouse of the employee; or
(i)
a relative of the employee who is a member of the same household, where for the purposes
of this paragraph:
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(i)
"relative" means a person related by blood, marriage or affinity;
(ii)
"affinity" means a relationship that one spouse because of marriage, has to blood
relatives of the other; and
(iii)
"household" means a family group living in the same domestic dwelling.
In the event of an employee’s:
(a)
spouse or former spouse; or
(b)
de facto spouse, who;
(c)
(i)
is of the opposite sex; and
(ii)
lives with the employee as the husband or wife on a bona fide domestic basis although not
legally married to the employee; or
same sex partner who lives with the employee as the de facto partner on a bona fide domestic
basis becoming ill, leave for family care may also be approved to care for or support the
employee’s children:
(a)where no other carer is available; or
(b) until alternative arrangements are made.
29.5
Notify early
Additionally if practicable, the employee must give to TransGrid:
(a)
notice prior to the absence of the intention to take leave; and
(b)
the name of the person requiring care; and
(c)
their relationship to the employee; and
(d)
the reasons for taking such leave; and
(e)
the estimated period of absence.
If it is not practicable for the employee to give prior notice of absence the employee shall notify
TransGrid by telephone of such absence at the first opportunity on the day of absence.
29.6
Use of Sick Leave
An employee may apply for sick leave with pay when sufficient sick leave exists to cover the requested
period of absence. The amount of sick leave approved for such purposes for each employee will not
exceed that accrued during the current year and the three previous years.
29.7
Use of Annual Leave
Subject to the Annual Leave Act 1944, employees may apply for annual leave:
(a)
when they have an annual leave credit to cover the requested period of absence; and
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29.8
8 July 2005
for periods not exceeding five days in any calendar year, at a time(s) agreed to by local
management. The number of "separate periods" of annual leave may be increased beyond the 1, 2
or 3 separate periods shown in 26. Annual Leave.
Use of personal leave without pay
An employee may apply for personal leave without pay.
29.9
Make-up time
Employees on day work may, with the approval of TransGrid, work "make-up" time under which they:
(a)
take time-off during ordinary hours; and
(b)
work those hours at a later time during the spread of ordinary hours.
29.10 Employees on shift work may, with the approval of TransGrid, work "make-up" time under which they:
(a)
take time-off during ordinary hours; and
(b)
work those hours at a later time at the shift work rate applicable to the hours taken off.
29.11 Time off for additional time worked
Employees may, with the approval of TransGrid, take time-off in lieu of payment for overtime. Such
time-off must be:
(a)
taken at a time(s) agreed to by local management; and
(b)
taken at the ordinary time rate (i.e. an hour off for each hour worked).
30. Standby and "On Call"
30.1
Who qualifies for standby?
Employees who are required to be available for emergency and/or breakdown work at any time:
(a)
are required to remain in communication; and
(b)
must be paid standby allowance.
These employees are termed "approved employees" and do not include those who have the allowance
included in their salary by agreement between TransGrid and the relevant union(s).
30.2
How much is standby allowance?
Standby allowance is $150.00 per week.
The standby allowance is to be adjusted by the salary increase to be paid in December, 2004.
30.3
Standby work includes:
(a)
restoring continuity of supply
(b)
returning to safe and proper operating condition any plant or equipment that has broken down in
service, or is likely to break down
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(c)
30.4
8 July 2005
carrying out urgent maintenance work that if not carried out an interruption to supply may occur.
Work not included
Standby work does not include:
30.5
(a)
overtime that was arranged before an employee's normal ceasing time; and/or
(b)
work which does not involve an emergency or breakdown situation.
Public holidays
Employees required to be on standby on a public holiday have the option of either:
(a)
having a day added to their accrued annual leave entitlement; or
(b)
being paid an additional day's pay.
This payment is to be made in the week the public holiday falls.
30.6
Standby availability
Employees standing by:
30.7
(a)
must not be required to be constantly available beyond a period of four weeks if other employees
are available for these duties; and
(b)
must have at least one weekend, comprising two consecutive days, off duty in each four weeks,
without reduction in standby allowance if other employees are not available.
Professional Officers - "on call"
Professional Officers who are "on-call" must be paid an allowance of $150.00 per week.
The "on-call" allowance is to be adjusted by the salary increase to be paid in December, 2004.
30.8
Payment of overtime worked when called out-day workers
"Approved" day workers who are called out and required to work overtime must be paid in accordance
with 20. Overtime-Day Work. They must receive a minimum 3 hours pay.
30.9
Payment of overtime worked when called out-shift workers
"Approved" shift workers who are notified after leaving work must be paid in accordance with 21.
Overtime - Shift Work if the overtime commences:
(a)
two hours or more before the ordinary commencing time:
(i)
double time when the overtime merges with rostered commencing time
(ii)
double time, with a minimum of three hours at single time, when the overtime does not
merge with rostered commencing time
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less than two hours before the ordinary commencing time, the appropriate rate provided for in 21.
Overtime - Shift Work.
Additionally, in the case of non-merging overtime, the appropriate rate in 21. Overtime - Shift
Work applies from the time of commencing overtime to the time of commencing the next rostered
shift.
Note 1:
Standby and On Call allowances now incorporate what was previously termed Home Telephone
Allowance; provided for under the Grid Standard Procedure GD ES G2 004 - Home Telephone
Allowance and Reimbursement of Business Telephone Calls.
The parties agree that no further claims or payments related to home telephone allowance will be
made.
31. Working Away from Headquarters
31.1
Overnight absence from home
When employees are transferred to a temporary headquarters and the period of temporary transfer
requires them to be absent from their usual place of residence overnight, TransGrid must provide them
with accommodation wherever practicable at its own expense. For each night's absence, employees must
be paid an allowance of:
31.2
(i)
$13.20 when interstate; or
(ii)
$10.60 when intrastate.
Where accommodation is not provided employees may arrange their own accommodation in which case
TransGrid will pay the following allowances:
(i)
Capital Cities
Australian Tax Office (ATO) Reasonable Allowance Amounts based on Salary of $75,400 &
below.
(Note these reasonable allowance amounts are set annually by the ATO in the Taxation Ruling
Income Tax: reasonable allowances amounts, for the relevant income year).
(ii)
other than Capital Cities
- first night
- $174.50
- each additional night
- Relevant ATO reasonable Allowance per
amount for High Cost Country Centre, Tier 2
Country Centre or Other Country Centre as
ATO Ruling.
(The amount for "other than Capital Cities" - first night" ($174.50) will remain unchanged until
overtaken by the ATO Reasonable Amount at some time in the future. The amount for "other than
Capital Cities" - first night will then conform to ATO rates from then on).
Employees' temporary accommodation must be as near as practicable to their temporary headquarters.
The allowances shall be paid for three calendar months only. For periods exceeding three calendar
months other conditions as detailed in the Grid Standard will apply.
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Where the cost of accommodation and meals whilst working away from headquarters exceeds ATO
reasonable allowances, TransGrid will pay reasonable actuals.
31.3
Incidental Expenses
Employees will not be able to claim reimbursements for travel related incidental expenses unless the
incidental expenditure exceeds $13.85 (the incidental component of the ATO rate as amended).
31.4
The requirement that employees must work at a temporary headquarters must, at an employee's request,
be terminated upon the employee completing a continuous period of twenty six ordinary working weeks,
including public holidays, at the temporary headquarters.
If TransGrid grants approval, the period of an employee's attachment to the temporary headquarters may
be extended. The period of the extension must be treated as temporary attachment for all purposes.
These provisions do not apply to periods worked at the temporary headquarters, beyond twenty six
ordinary working weeks, to employees who do not request the termination of such attachment.
Continuity of the twenty six ordinary working weeks period shall not be considered to have been broken
by periods of:
31.5
(a)
annual and long service leave
(b)
sick leave
(c)
accident leave
(d)
personal leave with or without pay
(e)
temporary transfers to other headquarters or return to own headquarters for periods not exceeding
four continuous working weeks including public holidays.
Returning home after extended periods away
TransGrid must allow employees who are away from headquarters for an extended period of time to
return home:
31.6
(a)
daily or at each weekend if the location of the temporary headquarters makes it practicable; or
(b)
every third weekend if daily or weekend return is impractical. Travel between temporary
headquarters and home other than the first and last journeys must be in the employee's own time;
or
(c)
more frequently if TransGrid considers it economical.
Employees returning home from their temporary headquarters on approved weekend travel must:
(a)
do so by the most economic and efficient form of transport which must be paid for by TransGrid;
and
(b)
be paid a meal allowance of $11.80 for each forward and return journey only if they have worked
the full ordinary hours at the temporary headquarters on the day of travel.
32. Travelling Time and Fares
32.1
Employees are required to travel to and from their usual place of residence and headquarters, once each
ordinary working day or rostered shift. These trips are made at the employees' own expense.
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Travelling - working at temporary headquarters & merging overtime
Employees who are required to travel in association with:
32.3
(a)
work at a temporary headquarters; and/or
(b)
overtime which merges with ordinary working hours are entitled to be paid excess travelling time
in accordance with 32.4 below.
Who can claim?
Only employees at salary point 35 or below or employees who worked 40 ordinary hours per week prior
to 1st June, 1979 can claim excess travelling time.
32.4
How is travelling time calculated?
An employee's excess travelling time will be calculated by:
(a)
deducting an agreed normal time from the agreed standard time of a journey; and
(b)
paying the difference at appropriate overtime rates.
Normal Time
Will be the time taken to travel the distance from an employee's usual place of residence to a point on a
5km radius from the employee's permanent headquarters based on a speed of 45kph.
Standard Time
(a)
Locations within Sydney or Newcastle Metropolitan Areas
Will be the reasonable distance travelled at a speed of 45kph.
(b)
Other Locations
Will be established by agreement between local management and a local employee representative.
(Where possible the times set out in the Roads and Traffic Authority's NSW Road Maps will be
used.)
For locations on a transmission line, standard times will be established by:
(i)
dividing the transmission line into a number of sections
(ii)
recording the time taken to reach the mid-point of each section
(iii)
using this as the standard time while working on this section.
If a journey takes substantially longer than the standard time established under (a) or (b) due to an
accident or other exceptional circumstances, the employee may request and, upon acceptance of
the reason, be paid for the additional time taken for the journey outside normal working hours.
32.5
Travelling - when requested to work non- merging overtime after normal ceasing time
Employees, who are requested after their normal ceasing time to travel and to work non-merging
overtime, are to be paid travelling time at the appropriate overtime rate from the time of leaving their
usual place of residence to the time of their return.
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32.6
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Travelling - when requested to work non- merging overtime before normal ceasing time
Employees, who:
(a)
are requested before their normal ceasing time to work non-merging overtime; and
(b)
travel directly from their place of work to another location to work overtime, are to be paid
travelling time at the appropriate overtime rate from the time of leaving their place of work to the
time of return to their usual place of residence.
32.7
Employees cannot claim for any time spent travelling during ordinary working hours or shifts.
32.8
Fares
32.9
(a)
Employees who work at a temporary headquarters are entitled to be paid for excess fares based
on $0.60 per km for associated travel.
(b)
Employees who work overtime merging with ordinary working hours are entitled to be
reimbursed for excess fares paid for associated travel.
(c)
Employees who work overtime not merging with ordinary working hours are entitled to be paid
for fares based on $0.60 per km for associated travel.
(d)
Fares or excess fares are not payable when transport is provided by TransGrid.
(e)
When considered appropriate by local management taxis may be used at TransGrid's expense.
Higher Grade
Travelling time in connection with work for which an employee is receiving higher grade pay must be
paid at that higher grade rate.
33. Grievance and Dispute Procedure
33.1
This Award recognises that employees' grievances should be resolved speedily and effectively without
recourse to industrial action. It is intended that most issues will be resolved informally between
employees and Team Leaders.
33.2
Employees' work related grievances are to be dealt with as follows:
(a)
Employees or Union delegates who have a grievance on any issue shall firstly raise the matter
with their Team Leader(s).
(b)
The Team Leader(s) shall provide the necessary response as soon as possible but no later than 24
hours following the grievance being raised.
(c)
If an answer cannot be given within 24 hours a progress report will be given at that time.
(d)
When the grievance has not been resolved to the satisfaction of any party, the issue will be
referred to an Industrial Officer, or where there is no Industrial Officer available to another senior
representative of management.
(e)
The Industrial Officer, or management representative, and union representative will, at the earliest
possible time following referral, convene a grievance meeting which will attempt to resolve the
matter.
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The meeting should include:
Team Leader Representative
Management Representative
Delegate or employee involved in grievance
Union Official(s) or their representative.
(f)
The grievance will be discussed at the meeting with a view to achieving agreement or resolution.
(g)
If the matter is not settled then either:
(i)
It shall then be referred to the Labor Council of New South Wales for their attention so as
to provide conferences of all parties with a view to reaching a solution; or
(ii)
If agreement cannot be reached on the matter through the foregoing procedure it may then
be submitted to the Industrial Relations Commission of New South Wales.
(h)
Until the matter is resolved in accordance with this procedure, except where a genuine
safety issue is involved, the conditions that applied prior to the disputed change will
remain, without interruption and prejudice to final settlement.
34. Public Holidays and Picnic Day
34.1
Public holidays
The following days are observed as public holidays:
34.2
(a)
all proclaimed holidays observed throughout New South Wales
(b)
Picnic Day.
What is a day worker entitled to?
A day worker is entitled to public holidays without loss of ordinary pay if the employee is not absent
without approval on the working day before and after the public holiday.
34.3
What is a shift worker entitled to?
Shift workers are:
34.4
(a)
paid for public holidays in accordance with 19. Shiftwork; and Schedule A of this Award.
(b)
not entitled to be paid if absent without approval when the shift worker's normally rostered shift
falls on a public holiday.
Are public holidays paid during a period of absence?
An employee who is entitled to payment for a public holiday is paid at single time when the public
holiday occurs during a period of:
(a)
approved leave without pay not exceeding 20 consecutive days or equivalent hours of shifts
(b)
approved sick leave without pay.
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Picnic Day
Picnic Day will be observed:
34.6
(a)
on the last Monday in November; or
(b)
on a working day to be determined mutually by local management and employees at each
location.
The conditions for pay set out in 34.2 to 34.4 apply to Picnic Day.
35. Parental Leave
35.1
Parental Leave
The provisions of the Industrial Relations Act 1996 shall apply. Employees who are eligible for maternity leave
under the Industrial Relations Act 1996 shall be entitled to receive up to nine weeks paid leave (or eighteen
weeks at half pay) at their ordinary weekly salary.
36. Miscellaneous
36.1
Union Delegates
TransGrid recognises that union delegates have a right to be treated fairly and perform their role without
any discrimination in employment.
Union delegates will be provided with access to available resources, which will allow them to carry out
their delegates’ responsibilities.
Delegates are entitled to receive Personal Leave with Pay for Trade Union Leave. It is expected,
however, that the leave would be kept to a minimum and that, on average, not more than 5 days leave per
year would need to be taken to:
36.2
(a)
participate in presentation of a union case before an Industrial Tribunal, or
(b)
attend trade union training courses, or
(c)
attend annual or bi-annual union conferences, or
(d)
attend union Executive/Committee of Management meetings.
Holding of meetings on TransGrid's premises
Permission to hold any meeting on any of TransGrid's premises must be requested by the union(s)
concerned.
Such a request must be made to the local Manager and:
(a)
made by the Secretary, Executive Officer or accredited union representative of the union(s); and
(b)
in writing whenever practicable or verbally where there is not enough time; and
(c)
within reasonable time before the proposed meeting.
The request must include:
(d)
the purpose of the meeting; and
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(e)
the time and place of the meeting; and
(f)
the estimated duration of the meeting.
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Should a request for such a meeting be approved the mess room may be used within the time agreed
upon by the Manager and the person making the request.
Should a request for such a meeting not be approved the meeting must not be held on TransGrid's
premises.
Unless approved, employees must not be paid for time lost attending such meetings.
36.3
The right of entry of a union officer conferred under Chapter 5, Part 7 of the Industrial Relations Act
1996 is not affected by the above provisions.
36.4
Professional/compulsory fees
Employees, who are required by legislation:
(a)
to be members of a professional body or registered Authority; or
(b)
to pay other compulsory fees
In order to carry out the duties and functions of their positions, will have such fees paid or reimbursed by
TransGrid.
The compulsory fees referred to in (b) above do not include those associated with basic trade or tertiary
qualifications.
36.5
Skills Development Programs
(a)
(b)
36.6
Skills development is an integral part of the aims of all parties to this Award. TransGrid will
assist employees to develop their personal level of skills to enable them to choose agreed career
paths within the organisation.
All Power Workers and Tradespersons will have an agreed Skills Development Program.
(c)
Each Power Worker and Tradesperson will be provided access to the training identified in their
Program where the training/skills are relevant to the business needs of TransGrid.
(d)
Power Workers and Tradespersons, who are requested by TransGrid to utilise skills which are
additional to their individual agreed Skills Development Programs are to be advanced to the
Salary Point applicable to the duties. This does not include circumstances involving Acting in
Higher Grade or carrying out duties associated with a special project.
Power Workers responsible for a work team
Power Workers, who are required to be responsible for a work team, are to be paid an additional Salary
Point for the period they are responsible for that team.
This provision does not apply to Tradespersons (A/C).
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Working Party
It is agreed to establish Working Parties to consider and seek to formulate the following:
Training & Development
The development of competency based Skills Development Programs for trades and non-trades
classifications based upon competencies identified in appropriate National Training Packages.
The Working Party will be required to meet within the first two months after the making of this Award.
The Working Party will then meet quarterly as a minimum and provide update reports on relevant issues
to the Level 1 Consultative Committee.
Working party employee representatives are to be endorsed by the Labor Council of New South Wales.
Phased Retirement
The phased retirement working party will meet to consider:
(a)
The feasibility of a phased retirement proposal;
(b)
Other associated issues related to the proposal of phased retirement.
The Working Party will be required to meet within the first two months after Award ratification.
The Working Party will then meet as and when required and provide update reports on relevant issues to
the Level 1 Consultative Committee.
36.8
Annual Travel Passes
Employees may request TransGrid to pre-purchase annual rail, bus or ferry passes for daily journeys to
and from work.
If approved, TransGrid will pre-purchase annual travel passes on behalf of employees who must agree to
repay TransGrid by weekly payroll deductions from their after-tax salary over one year, the cost of the
travel pass.
Employees must agree to comply with the conditions for annual travel passes which are detailed in the
relevant Grid Standard.
36.9
Leave Reserve
Leave is reserved to the parties in relation to the following matters:
(a)
union bargaining agent fees; and
(b)
a union only picnic day.
37. Anti-Discrimination
It is the intention of the parties bound by this Award to seek to achieve the object in Chapter 1, 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 carer’s responsibilities.
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Further, the parties bound by this Award also seek to ensure and achieve equal remuneration for men and
women doing work of equal or comparable value.
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
operations, has a direct or indirect discriminatory effect.
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.
Nothing in this Clause is to be taken to affect:
(a)
any conduct or act which is specifically exempted from anti-discrimination legislation;
(b)
offering or providing junior rates of pay to persons under 21 years of age;
(c)
any act or practice of a body established to propagate religion which is exempted under section 56(d) of
the Anti-Discrimination Act 1977;
(d)
a party to this Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
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.
SCHEDULE A
Averaged Salary under clause 19 of the TransGrid Employees Award 2004 is calculated on the following shift
work provisions, which were previously contained within clause 19, of the TransGrid Employees Award 2002.
This schedule outlines the general rules governing shift work arrangements in TransGrid.
19. Shift Work
19.1
Types of shift
There are 2 types of shift work:
19.2
(a)
Regular - in which an employee works a roster with a 1, 2, or 3 shift system which continues for 3
or more months; and
(b)
Irregular - in which an employee works a roster with a 1, 2 or 3 shift system which continues for
less than 3 months.
Both types of shift work may be worked:
Monday to Friday inclusive; or
Monday to Saturday inclusive; or
Monday to Sunday inclusive.
They begin and end on any of the days in these periods.
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Ordinary hours
The ordinary hours of work for shift workers is an average of 35 hours a week over a roster cycle. Shift
workers may be required to work more than 35 hours in one or more weeks, but the total number of
ordinary hours worked in a roster cycle must not be more than:
Number of weeks in roster cycle multiplied by 35 hours.
19.4
These ordinary hours must be worked during the hours for which the employees are rostered for duty.
19.5
Employees who are required to work more than 11 ordinary shifts in 12 consecutive days, must be paid
at overtime rates for the 12th and following consecutive shifts. (See 21. Overtime - Shift Work for rates.)
Shift Allowance
19.6
Shift work may be;
(a)
Early Morning Shift - a shift commencing after 5.00am and before 6.30am
(b)
Afternoon Shift - a shift finishing after 6.00pm and at or before midnight
(c)
Night Shift - a shift:
(i)
finishing between midnight and at or before 8.00am; or
(ii)
commencing between midnight and at or before 5.00am.
TransGrid will decide the commencing and finishing times of shifts to suit the needs and circumstances
of each establishment.
19.7
19.8
Shift workers, who work on a shift work roster, must be paid the following allowances:
Early morning
-
the greater of 10% of single time for the shift and $8.30
Afternoon
-
the greater of 20% of single time and $30.30
Night
-
the greater of 20% of single time and $30.30
Shift workers who are engaged on a roster which:
(a)
requires the working of continuous afternoon or night shifts for more than two weeks; and
(b)
works such shifts on other than a public holiday, Saturday or Sunday
must be paid the following allowances:
Continuous
Afternoon Shift
Continuous
Night Shift
19.9
-
25% of single time
30% of single time or a reduced number of weekly
hours at time and one quarter to give the shift worker
the equal of a full week's ordinary pay.
Shift workers rostered on other continuous night shift rosters for two weeks or less must be paid for such
shifts the overtime rates in 20. Overtime - Day Work.
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19.10 Shift workers working continuous night shifts for two weeks or less and work such shifts on a public
holiday must be paid in accordance with 19.12
19.11 The allowances are not paid to shift workers for overtime or for any shift for which they are paid
overtime penalty rates.
Shift Penalty
19.12 Public holidays
Shift workers must be paid for all time worked on a rostered shift on a public holiday the penalty of
150% of single time.
19.13 Other than public holidays
Shift workers must be paid the following penalties for all shifts worked on the following days that are not
public holidays:
Shift
Penalty
(a)
Saturday - all shifts
50% of single time
(b)
Sunday - all shifts
100% of single time
19.14 Only one rate
Only the highest penalty rate can apply if more than one penalty could to apply to a particular period of
work.
19.15 Roster loading
Payment of roster loading is made as compensation for the unevenness of payments under this
Agreement. Payment is also made instead of shift disabilities not covered by payments under this
Agreement including:
(a)
the variety of starting and finishing times
(b)
the need to be readily available for work and to work, as required, during crib breaks and at all
other times during the shift
(c)
minor variations to established duties
(d)
the requirement to work as rostered on any day of the week.
19.16 Roster loading- rates
The roster loading for ordinary hours actually worked is:
(a)
4.35% of salary for:
(i)
employees on 7 day continuous shift work rosters
(ii)
employees regularly rostered to work ordinary shifts on both Saturdays and Sundays
(iii)
employees rostered to work continuous afternoon or night shifts
(iv)
employees working day shift only including a shift on Sundays.
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2.12% of salary for:
(i)
Employees on rotating shift work who are rostered to work ordinary shifts involving
afternoon and/or night shifts but who are not regularly rostered to work ordinary shifts on
both Saturdays and Sundays.
(ii)
Employees working day shift only on Monday to Saturday.
19.17 Roster loading - different grade duties
Employees carrying out higher grade duties on shift work must be paid the roster loading for the higher
grade classification.
Employees carrying out lower grade duties on shift work, including those on retained rates, must be paid
the roster loading for their regular classification or retained rates as the case may be.
19.18 Roster loading - excluded employees
Roster loading is not payable to employees, who are engaged on irregular shift work, i.e. in respect of a
roster which does not continue for more than one month and which attracts overtime penalty rates.
19.19 Roster loading - during training
Shift workers required to transfer from one shift to another to undergo training must be paid the roster
loading appropriate to:
(a)
the shift roster worked immediately before the training if the period of training is less than 5
consecutive working days; or
(b)
the new shift roster if the period of training continues for 5 or more consecutive working days.
19.20 Day workers required to transfer to a shift roster to undergo training must be paid the roster loading
appropriate to the shift roster if the period of training continues for at least 5 consecutive working days.
General
19.21 Payment while at training school
Shift workers must be paid the roster loading, shift allowance and penalty rates for public holidays,
Saturday and Sunday shifts, which they would have received for their appointed duties if they are:
(a)
training for appointment to a position in their existing or higher grade; or
(b)
attending refresher training courses; or
(c)
attending operator training courses to qualify to carry out higher grade duties.
Payments must not include any overtime or higher grade which might have otherwise been worked.
19.22 Public holidays
Shift workers who, on a public holiday:
(a)
work an ordinary rostered shift; or
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are rostered off duty (except when on annual or long service leave)
are entitled to have a day added to their annual leave entitlement for each public holiday prescribed in
34. Public Holidays and Picnic Day. If higher grade pay is involved, the provisions of 24.8 apply.
19.23 Not required to work on a public holiday
Shift workers when, according to their controlling officer, are not required for work on a public holiday
for a shift for which they are normally rostered must observe the holiday. However, they must be told at
least 96 hours before the shift begins that they are not required. They must be paid for all ordinary time
not worked in respect of the public holiday at the rate of single time.
19.24 Shift worker on a five day shift - public holidays
Shift workers, who are on a five day shift system, Monday to Friday, must be paid for public holidays
observed on Monday to Friday.
19.25 Mutual stand down
Shift workers who:
(a)
are rostered for duty on a shift falling on a Saturday or Sunday; and
(b)
according to the controlling officer are not required for duty on such day(s)
may, by mutual arrangement with the person responsible for the work team, not attend for duty on such
day(s).
They must be paid for all ordinary time not worked at the rate of single time.
19.26 Shift work day
If a shift starts on one day and finishes on the next, the day in which the most hours are worked is taken
to be the shift work day.
19.27 Time of transfer
When employees are transferring from one system of work to another (including a transfer from one
system of shift work to another system of shift work), they are:
(a)
entitled to all the conditions of the current system of working until they actually begin working in
the new system; and
(b)
considered to have been transferred only from the time they begin to work in the new system.
19.28 Ten hour Break
Shift workers are entitled to a break of at least 10 consecutive hours between finishing shift work and
commencing day work.
19.29 Day workers relieving on regular shift work
Day workers who are required to relieve temporarily on regular shift work must be paid:
(a)
at the rate of time and one half when the ordinary commencing time of the first relief shift is less
than eight hours after the employee's actual finishing time under day work conditions
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at a rate of time and three quarters when:
(i)
the shift is on a Saturday; and
(ii)
when the employees have not had an eight hour break after actual finishing time under day
work provisions.
If eight hours or more elapse the first and all subsequent shifts shall come under ordinary shift work
conditions and the employees shall be considered to be employed on regular shift work.
However, employees must be paid at the rate of time and one quarter for any such shifts where 48 hours
notice prior to commencement is not given.
19.30 Day workers on irregular shift work
Day workers required to work relieving temporarily on irregular shift must be paid for the ordinary hours
worked on that roster:
work,
(a)
overtime rates for day workers if the shift work lasts for 2 weeks or less; or
(b)
if it lasts for more than 2 weeks and less than 4, overtime rates for ordinary hours worked in
shifts, for the first 2 weeks, and time and one half for ordinary hours worked in shifts for the next
2 weeks.
19.31 Change of roster or shift
Shift workers who are changed from one shift roster to another or from one shift to another, must be
paid:
(a)
at least time and one quarter for any shift which they begin within 48 hours from the end of the
shift in which they were given notice of the change of roster or shift;
(b)
overtime rates for the shift which they work without a break following the shift in which they
were given notice of the change.
19.32 Notice after absence from duty
Shift workers must advise the person responsible for their work team at least 8 hours beforehand when
they intend to report for duty after being absent from duty.
19.33 The person responsible for their work team may send them home if they do not do so.
They are not entitled to any payment for the shift.
Handover
19.34 Handover
Shift workers required to handover at the end of a shift must stay at their work station until:
(a)
the appropriate relieving member of the oncoming shift has arrived at the
(b)
the shift worker has informed the relieving member of the current status of running plant and/or
maintenance so that the relieving member can start work immediately.
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19.35 If handover is part of a shift worker's normal requirements on a shift, those shift workers are entitled to
time off at the equivalent rate of 16.66 minutes for each shift. When shift workers transfer from one
roster to another, this time off must be taken in accordance with the roster system to which they are
transferring. They are entitled to this time off even when they are absent from work on paid leave.
19.36 Handover time is to be added together during a roster cycle until it amounts to the time of a full shift. It
may then be rostered to be taken off at ordinary time. Any periods in a roster cycle less than a full shift
are to be carried forward to the next cycle. Employees with periods of handover time less than a full
shift may be rostered off if approved by local management.
19.37 Any time off as a result of handover time is considered as a non-working day. Shift workers who are
required to work on such a day, must be paid overtime in addition to payment for the handover shift.
19.38 If handover is not a normal feature of a roster, shift workers may be paid overtime if they are required to
handover on a specific occasion.
19.39 If a roster contains shifts where handover is not a requirement, the calculation of time off will:
(a)
not be related to such shifts; and
(b)
only relate to those shifts in the roster where handover is required.
19.40 Overtime shifts are not included in calculating handover time.
SCHEDULE B
Part-Time Working Agreement
I,
agree to work part time in accordance with the following terms and conditions.
TransGrid Employees Award 2004
This part-time working agreement is subject to the terms and conditions of the TransGrid Employees Award
2004.
Duration
This part-time working agreement will be effective from the date of approval by the relevant General Manager.
This part time working agreement will cover the period from
to
Please note part-time working agreements are valid up to a maximum duration of twelve (12) months.
Classification
Your classification of employment under this part time agreement is
at salary point
For the duration of this agreement you will be paid at the hourly rate for your classification.
Hours and Days
The number of hours to be worked per week will be
The days on which these hours will be worked along with commencing and finishing times for the work will be
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Day
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Hours
Commencing and Finishing times
Monday
to
Tuesday
to
Wednesday
to
Thursday
to
Friday
to
Meal Breaks
to
Entitlements
Please note that adjustments will be made to your entitlements.
As a part time employee your entitlements are in proportion to the number of ordinary hours worked to full-time
ordinary working hours.
Leave entitlements will be based on the pro-rata allocation of full-time entitlements during the part-time
working arrangement.
Return to Full-time Work
Please note you will be able to return to full-time work at the end of the period of part-time work.
An employee returning to full-time work after a period of part-time work is entitled to be employed in:
the position held by the employee immediately before proceeding on the part-time working agreement.
Where Position No Longer Exists
If the position no longer exists or has changed so that it is no longer the same job, but there are other positions
available that the employee is qualified for and is capable of performing, the employee is entitled to be
employed in a position which is as close as possible in status and salary to that of the employee’s former
position.
Variation of this Agreement
This arrangement may be reviewed at any time at the request of either party.
This part-time working agreement may be varied by a further agreement in writing between TransGrid and the
employee.
Payroll Branch/Staffing Services must be informed of any variations to this agreement.
1.
Employee
Date:
2.
Manager/Team Leader
Date:
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3.
8 July 2005
Group Manager
Date:
4.
General Manager
Date:
5.
WORKPLACE RELATIONS
att Mr Michael Baldi
6.
SENIOR REMUNERATION OFFICER
att Ms Corinna Goodfellow
P. J. STAUNTON J.
____________________
Printed by the authority of the Industrial Registrar.
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(018)
SERIAL C3556
NURSES' (DEPARTMENT OF AGEING, DISABILITY & HOME CARE)
(STATE) AWARD 2005
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 5414 of 2003)
Before The Honourable Justice Wright, President
28 January 2005
VARIATION
PART A
Arrangement
Clause No.
Subject Matter
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
No Extra Claims
Definitions
General Conditions of Employment
Hours of Work and Free Time of Employees
Rosters
Reasonable Workloads
Classification of Positions
Salaries
Special Allowances
Penalty Rates for Shift Work and Weekend Work
Uniforms
Overtime
Payment and Particulars of Salaries
Registration or Enrolment Pending
Permanent Part-time and Casual Employees
Annual Leave
Senior Nurse Management Structure
Disputes
Grading Committee
Anti-Discrimination
Leave Reserved
Area, Incidence and Duration
Schedule 1 - Nurse Manager and Administrative Support Positions
PART B
MONETARY RATES
Table 1- Salaries
Table 2 - Other Rates and Allowances
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PART A
1. No Extra Claims
It is a term of this award that the Association undertakes, until 1 July 2007, not to lodge or pursue any new or
extra claims, award or over-award, to salaries, rates of pay or allowances, except as specifically detailed in
clause 21, Leave Reserved.
2. Definitions
Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have the
respective meanings assigned to them:
"Association" means the New South Wales Nurses' Association.
"Board" means the Nurses and Midwifes Board of New South Wales.
"Community Residential Centre" (CRC) means any location where a direct service is provided to disability
clients of the Department in a community residential environment which includes group homes, hostels, respite
care centres.
"Community Support Services (CSS)" means any non-residential direct care service to clients, including
community-based activity training centres, community support teams and specialist outreach services.
"Day Worker" means a worker who works his/her ordinary hours from Monday to Friday inclusive and who
commences work on such days at or after 6.00 a.m. and before 10.00 a.m., otherwise than as part of the shift
system.
"Department" means the Department of Ageing, Disability and Home Care.
"Employee" means, for the purposes of this award, a person who is appointed to a position in a classification
listed in clause 7, Classification of Positions, and who is employed within the Department of Ageing, Disability
and Home Care, including an "officer" as defined in the Public Sector Employment and Management Act 2002.
"Experience", in relation to a trainee enrolled nurse or assistant in nursing, means experience both before and/or
after the commencement of this award, whether within New South Wales or elsewhere and, in the case of a
trainee enrolled nurse, enrolled nurse or assistant in nursing who was formerly a student nurse, a residential care
assistant or a residential support worker, includes experience as such student nurse, residential care assistant or
residential support worker.
"Large Residence" means any large residential campus providing a range of services which may include
accommodation, respite care, day activity services and some medical and paramedical services to clients. These
include:
Metro West Residences incorporating the Marsden and Rydalmere Residences;
Hunter Residences incorporating the Stockton, Kanangra and Tomaree Residences;
Riverside Residence;
Lachlan Residence;
Peat Island Residence; and
Grosvenor Residence.
"Nurse" means an employee engaged in the industry of nursing in a classification covered by this award.
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"Resident Clients" means the annual average number of clients in permanent accommodation and clients
occupying respite accommodation for the year ending 30 June each year.
"Service" for the purpose of clause 8, Salaries, means service before or after the commencement of this award
in New South Wales or elsewhere as a registered nurse or as a residential care worker prior to 19 April 1999.
"Shift Worker" means a worker who is not a day worker as defined.
"Weekly rates" will be ascertained by dividing an annual amount by 52.17857 or a weekly rate can be
multiplied by 52.17857 to obtain the annual amount.
3. General Conditions of Employment
Except as otherwise provided in this award, employees shall be entitled to, and shall observe, the conditions of
employment applicable to public servants, that is, the conditions of employment covering officers employed in
organisations listed in Column 1 of Schedule 1 to the Public Sector Employment and Management Act 2002
and the Public Sector Management (General) Regulation 1996 and as contained from time to time in the Public
Service Personnel Handbook and the Crown Employees (Public Service Conditions of Employment) Award
2002.
4. Hours of Work and Free Time of Employees
(i)
The ordinary hours of work for day workers, exclusive of unpaid meal times, shall be 152 hours per 28
calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00
a.m. and before 10.00 a.m.
(ii)
The ordinary hours of work for shift workers, exclusive of unpaid meal times, shall not exceed an
average of 38 per week in each roster cycle.
(iii)
(a)
The hours of work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be
arranged in such a manner that in each roster cycle of 28 calendar days each employee shall not
work his/her ordinary hours of work on more than 19 days in the cycle. Provided that employees
who work eight-hour shifts are entitled to 12 additional days off duty per annum, employees
working ten-hour shifts are entitled to one additional day off duty each five weeks, employees
working other combinations of shifts are entitled to such number of additional days off duty per
annum and will ensure that their ordinary hours of work do not exceed an average of 38 hours per
week.
(b)
Notwithstanding the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work, work shifts of less than eight hours each over 20 days in each
cycle of 28 days.
(iv)
Each shift shall consist of no more than a total span of 12 hours with not less than eight hours' break
between each shift. Provided that an employee shall not work more than seven consecutive shifts unless
the employee so requests, and local nursing management agrees, but in no case shall an employee be
permitted to work more than ten consecutive shifts. Provided also that in any such span of seven
consecutive shifts an employee shall not be rostered for more than two quick shifts, i.e. an evening shift
followed by a morning shift where the break between ordinary shifts is less than ten hours.
(v)
The employee's additional day off duty prescribed in subclause (iii) of this clause (as a consequence of
the implementation of the 38-hour week) shall be determined by mutual agreement between the
employee and the local management having regard to the service requirements of the latter. Where
practicable, such additional day off duty shall be consecutive with the rostered days off duty prescribed
in subclause (xii) of this clause.
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(vi)
8 July 2005
Once set, the additional day off duty may not be changed in a current cycle unless there are genuine
unforeseen circumstances prevailing. Where such circumstances exist and the additional day off duty is
changed, another day shall be substituted in the current cycle. Should this not be practicable, the day
must be given and taken in the next cycle immediately following.
(vii)
(a)
Where an employee and his/her local management agree, an employee’s additional days off duty
(ADO's) may be accumulated up to a total of five. This limit on accumulation means that any
employee who has already accumulated five ADO's must take the next ADO accruing to her/him
when it falls due in accordance with the roster.
(b)
Subject to service requirements, management must not unreasonably refuse to agree with an
employee’s request to accumulate ADOs or to take them off subsequent to such accumulation.
(c)
Any ADO's accumulated but not taken as at the date of termination of the employee must be paid
out at ordinary rates.
(viii) Except for breaks for meals the hours of duty, each day shall be continuous, i.e. broken shifts shall not be
worked.
(ix)
One 20-minute interval (in addition to the meal break) shall be allowed each employee on duty for a tea
break during each shift. Such interval shall count as working time.
(x)
(a)
Except in cases of emergency, an employee shall not be employed on night duty for a longer
period than eight consecutive weeks, unless the employee so agrees.
(b)
Except in cases of emergency, after having served a period of night duty, an employee shall serve
an equivalent period of time off night duty before again undertaking a period of night duty unless
the employee requests to be employed on night duty and the local management consents.
(c)
Except in cases of emergency, an employee shall not be required to perform night duty against
their wishes during a period of one week prior to any formal end of semester examination in any
course of study which has been accepted by his/her employer as meeting the requirements for the
grant of study time.
(d)
Except in cases of emergency, a trainee enrolled nurse shall not be employed on night duty for
more than ten weeks in any one year of training.
(xi)
Except in cases of emergency, an employee changing from night duty to day duty or from day duty to
night duty shall be free from duty during the 20 hours immediately preceding the commencement of the
changed duty.
(xii)
Each employee shall be free from duty for not less than two full days in each week or four full days in
each fortnight and no duties shall be performed by the employee on any of such free days except for
overtime. Where practicable, days off shall be consecutive, unless an employee requests otherwise.
(xiii) All rostered time off duty occupied by a trainee enrolled nurse or assistant in nursing in attendance at
lectures and demonstrations given in the course of instruction in the theory and practice of nursing or
during the time necessarily occupied in attending at and sitting for prescribed examinations shall be
deemed to be time worked.
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5. Rosters
(i)
(ii)
The ordinary hours of work for each employee, other than the Principal and Nurse Manager
Accommodation and Nursing Services, shall be displayed on a roster in a place conveniently accessible
to employees.
The roster shall be displayed at least two weeks prior to the commencing date of the first working period
in the roster.
(iii)
Notwithstanding the foregoing provisions of this clause, a roster may be altered at any time to enable the
nursing service of the facility to be carried on where another employee is absent from duty on account of
illness or in an emergency, provided that, where any such alteration involves an employee working on a
day which would otherwise have been such employee's day off, the day off in lieu thereof shall be as
mutually arranged.
(iv)
Prior to the date of the changed shift, such change of roster shall be notified verbally or in writing to the
employee concerned.
(v)
Where an employee is entitled to an additional day off duty in accordance with clause 4, Hours of Work
and Free Time of Employees, such day is to be shown on the roster of hours for that employee.
(vi)
All rosters shall be retained for at least six years.
6. Reasonable Workloads
(i)
Reasonable Workload Principles
The following principles shall be applied in determining or allocating a reasonable workload for a nurse:
(ii)
(a)
the workload assessment will take into account measured demand by way of clinical assessment,
including dependency skill mix and geographical and other local requirements/resources;
(b)
the work performed by the nurse will be able to be satisfactorily completed within the ordinary
hours of work assigned to the employee in their roster cycle;
(c)
the work will be consistent with the duties within the nurse's classification description and at a
professional standard so that the care provided or about to be provided to a client shall be
adequate, appropriate and not adversely affect the rights, health or safety of the client or nurse;
(d)
the workload expected of an nurse will not be unfair or unreasonable having regard to the skills,
experience and classification of the employee for the period in which the workload is allocated;
(e)
a nurse will not be allocated an unreasonable or excessive nursing workload or other
responsibilities;
(f)
a nurse shall not be required to work an unreasonable amount of overtime; and
(g)
a nurse’s workload will not prevent reasonable and practicable access to learning and
development leave, together with ‘in-house’ courses or activities, and mandatory training and
education.
Skill Mix
(a)
The staffing mix at an individual unit level will be determined by an assessment of client’s needs
and the availability of support staff. This will involve a consolidated review of all existing client
assessments and plans, including:
the client's individual support plan;
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health assessments, health care plans or healthy lifestyle plans;
nutrition and or swallowing assessments and any associated plans; and
client risk behaviours, assessments and any associated management plans.
The above assessments may have been developed by a range of health and allied health
professionals, in conjunction with registered nurses.
(b)
The review will identify the specific client needs on the unit that require the specialised input or
supervision of a registered or enrolled nurse. It will also identify what client care and support
tasks can be undertaken by an Assistant in Nursing. This will be the basis on which the staff mix
for an individual unit will be determined and it will be translated into the unit roster.
(c)
The process will be documented by:
listing the client assessments and plans considered in developing the staffing profile for the unit;
identifying in writing the specialist input or supervision requirements for clients in the unit;
identifying in writing the client care and support tasks that will be undertaken by an Assistant in
Nursing; and
completing on a standard roster template the shifts to be filled by an Assistant in Nursing,
Enrolled Nurse and Registered Nurse.
(d)
(iii)
The recommendation on unit staffing will be forwarded to the facility Reasonable Workload
Committee for endorsement.
Reasonable Workload Taskforce
The Association and the Department agree that a Reasonable Workloads Taskforce consisting of equal
representation nominated by the Association and the Department shall be established.
The terms of reference of the taskforce shall be:
(a)
To review the literature on existing tools for calculating nursing workloads to determine their
applicability to nursing services in intellectual disability facilities;
(b)
To make a recommendation on the feasibility of developing a clinically relevant tool for
intellectual disability services based on existing literature and experience.
The Taskforce shall complete this process by written report to the Association and the Department by 30
June 2005.
(iv)
Role of Reasonable Workload Committees
(a)
Reasonable Workload Committees shall be established to facilitate consultation on reasonable
workloads for nurses, together with the provision of advice and recommendations to management.
Aspects of reasonable workload may include, but need not be limited to, nursing workloads
generally, skill mix, training and planning for devolution to community-based services as they
relate to nursing workloads. It is intended that the Committees, by their operation, will make a
positive contribution to the workload of nurses.
(b)
It is intended that the Reasonable Workload Committees provide a structured and transparent
forum for all nurses to be genuinely consulted about workload matters through an appropriate
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mechanism; contribute to the decision-making process; and have the ability to resolve disputes
about workloads, should they arise, through the Committee process and provisions in this award.
(v)
Structure of Reasonable Workload Committees
(a)
(b)
(vi)
Upon request by the Association, nurse(s) employed in a Large Residential Service or the
employer, a Reasonable Workload Committee shall be established for the relevant service. Such
requests shall be made to the Chief Executive Officer of the facility or the Regional Manager
Accommodation and Respite as appropriate.
Each Reasonable Workload Committee shall comprise equal representation of employees and the
employer. Employee representation shall be determined by the Association. Employer
representation shall be determined by the facility. Committee size will be determined by
agreement between the Association and the employer. Every endeavour shall be made to
minimise the size of the Workload Committee, with provision to co-opt additional assistance that
may be required on an ‘as needs’ basis.
(c)
The Committees shall meet with a frequency determined by each Committee, having regard to
issues and information to hand.
(d)
The Committee members and the parties they represent shall make every endeavour to reduce or
eliminate any duplication of subject matter and coverage with pre-existing structures and
consultative mechanisms. Every effort shall also be taken to ensure the most efficient meeting
arrangements are instituted for operation of the Committees and to minimise disruption to nurses’
rosters. The Committee members and the parties they represent shall make every endeavour to
ensure that any additional time and information imposts arising from the operations of the
Committee are minimised.
(e)
To enable members of Reasonable Workload Committees to discharge the Committee’s role and
carry out their responsibilities, attendance at Committee meetings and reasonable preparation
time shall be deemed to be time on duty and remunerated accordingly. Wherever possible, this
time shall occur during the ordinary hours of work.
Grievances in relation to Workload
(a)
Notwithstanding the provisions specified in subclauses (ii) and (iii) of clause 18, Disputes, the
following procedure will apply to resolve workload grievances or staffing grievances directly
arising from nursing workload issues.
(b)
A grievance in relation to such matter shall first be raised at the unit level with the Nursing Unit
Manager responsible (or the appropriate manager).
(c)
If the matter remains unresolved, it should be referred to the appropriate Nurse Manager or
Director of Nursing depending on the nursing executive structure of the facility in which the
grievance has arisen.
(d)
If the matter remains unresolved, it should be referred to the appropriate facility Reasonable
Workload Committee for consideration and recommendation to management.
(e)
If the matter remains unresolved, it should be dealt with in accordance with the provisions of
subclauses (iv) to (ix) of clause 18, Disputes.
7. Classification of Positions
All employees to whom this award applies shall be appointed to a position which is classified in accordance
with the following definitions:
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"Assistant in Nursing" means a person, other than a registered nurse, trainee or enrolled nurse, who is employed
in nursing duties, and includes for salary purposes a person currently undertaking an education program leading
to registration by the Board.
"Clinical Nurse Consultant" means a registered nurse appointed as such to a position approved by the
Department and who has had at least five years' post-basic registration experience and who has, in addition,
approved post-basic nursing qualifications relevant to the field in which he/she is appointed, or such other
qualifications or experience deemed appropriate by the Department.
"Clinical Nurse Educator" means a registered nurse who is required to implement and evaluate educational
programs at the unit level. The Clinical Nurse Educator shall cater for the delivery of clinical nurse education
in a unit/units and/or in complex health care CRC's.
A nurse will achieve Clinical Nurse Educator status by being required by the Centre to provide the educational
programs detailed above. A Clinical Nurse Educator will be required to possess, or obtain within a specified
period, a Certificate IV Workplace Assessor qualification.
"Clinical Nurse Specialist" means a registered nurse with relevant post-basic qualifications and 12 months'
experience working in the clinical area of his/her specified post-basic qualification, or a minimum of four years'
post-basic registration experience, including three years' experience in the relevant specialist field, and who
satisfies the criteria determined by local management.
"Enrolled Nurse" means a person enrolled by the Board as such.
"Nurse, Learning and Development Officer" means a registered nurse who has relevant experience and who is
appointed to such a position who is responsible for the development, implementation and delivery of nursing
and other Departmental education programs. Education programs shall mean courses conducted such as postregistration certificates, continuing nurse education, new graduate orientation, post-registration enrolled nurses’
courses and, where applicable, general staff learning and development courses. A Nurse Learning and
Development Officer will be required to possess, or obtain within 12 months of appointment, a Certificate IV
Workplace Assessor qualification.
A Learning and Development Officer who holds relevant tertiary qualifications in education or tertiary postgraduate specialist clinical nursing qualifications shall commence on the third year rate of the salary scale.
A person appointed as a sole Learning and Development Officer in a facility shall be paid at the third year rate
of the salary scale.
Incremental progression for Nurse, Learning and Development Officer shall be on completion of 12 months'
satisfactory service. Progression shall not be beyond the third year rate unless that person possesses the
qualifications detailed in the previous paragraphs. Persons appointed to the third year rate by virtue of
paragraphs 3 and 4 above shall progress to the fourth year rate after completion of 12 months' satisfactory fulltime service.
"Nurse Manager" means an employee who is allocated to a nurse manager grade in accordance with Schedule 1
of this Part.
"Nurse Manager Accommodation and Nursing Services" means a registered nurse who has responsibility for the
provision of supported accommodation, respite and associated support services in a residential centre. The
Nurse Manager Accommodation and Nursing Services is responsible for the delivery of efficient and effective
nursing services to achieve the aims of the Centre.
"Nurse Manager Learning and Development Unit" means a registered nurse who has responsibility for the
coordination of Learning and Development services to Residences and on a regional basis and in conjunction
with the Central Learning and Development Branch.
"Nurse Manager Resource Support Unit" means an employee who is responsible for the efficient and effective
allocation of nursing resources on a daily basis.
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"Nurse Systems Support Co-ordinator" means a registered nurse who is responsible for the monitoring, quality
assurance and measurement systems for a Centre’s services. The Nurse Systems Support Co-ordinator supports
the Nursing Manager Accommodation and Nursing Services in designing, planning and reviewing the quality,
efficiency and sufficiency of service systems in a Centre.
"Nurse Systems Support Officer" means a nurse who supports the Nurse Systems Support Co-ordinator by
monitoring, analysing and reporting on service systems in a Centre.
"Principal Nurse Manager Accommodation and Nursing Services" means a registered nurse who is responsible
for oversighting and co-ordinating the provision of supported accommodation, respite and associated support
services at the Stockton Residences and Marsden/Rydalmere Residences.
"Residential Unit Nurse Manager" means a registered nurse in charge of a unit or group of units and shall
include:
"Residential Unit Nurse Manager Level 1", whose responsibilities include:
(a)
Co-ordination of client services Liaison with all disciplines for the provision of services to meet client needs.
The orchestration of services to meet client needs after discharge.
Monitoring catering and transport services.
(b)
Unit management Implementation of Departmental policy.
Dissemination of information to all personnel.
Ensuring environmental safety.
Monitoring the use and maintenance of equipment.
Monitoring the supply and use of stock and supplies.
Monitoring cleaning services.
(c)
Nursing staff management Direction, co-ordination and supervision of nursing activities.
Training, appraisal and counselling of nursing staff.
Rostering and/or allocation of nursing staff.
Development and/or implementation of new nursing practice according to client need.
"Residential Unit Nurse Manager Level 2", whose responsibilities in relation to client services, unit
management and staff management are in excess of those of a Residential Unit Nurse Manager Level 1.
"Residential Unit Nurse Manager Level 3", whose responsibilities in relation to client services, unit
management and staff management are in excess of those of a Residential Unit Nurse Manager Level 2.
"Registered Nurse" means a person registered by the Board as such.
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"Trainee Enrolled Nurse" means a person who is being trained under a program leading to enrolment by the
Board.
"Unit" means a defined client residential area within a Large Residence or a complex health needs Community
Residential Centre.
8. Salaries
(i)
The minimum salaries per week to be paid to employees shall be as set out in Table 1 - Salaries, of Part
B, Monetary Rates.
(ii)
The new salary scale for the registered nurse classification shall be implemented under the following
provisions:
(a)
For the purposes of this clause, "transitional date" means the first pay period commencing on or
after 1 July 2004.
(b)
The year of service for the purpose of the incremental scale for a registered nurse employed at the
transitional date shall be determined by locating the registered nurse’s current year of service on
the incremental scale in Column A of the Transitional Table below. The registered nurse’s
incremental year of service shall be deemed to be the year of service appearing opposite in
Column B of the Transitional Table. Provided that a registered nurse with eight or more actual
years of service shall be placed on the eighth year of service in Column B of the Transitional
Table.
(c)
Registered nurses who commence employment with an employer after the transitional date shall
have their year of service determined as if they were employed by the employer at the transitional
date, that is, the transitional arrangements shall apply to all periods of employment under this
award, which commence on or after the transitional date.
(d)
Transitional Table
Column A
Column B
(Old incremental scale)
(New incremental scale)
First year of service
First year of service
Second year of service
First year of service
Third year of service
Second year of service
Fourth year of service
Third year of service
Fifth year of service
Fourth year of service
Sixth year of service
Fifth year of service
Seventh year of service
Sixth year of service
Eighth year of service
Seventh year of service
UG1
Eighth year of service
Note: For the purposes of the old incremental scale only, a registered nurse who has obtained
an appropriate degree in Nursing or Applied Science (Nursing) or Health Studies (Nursing)
(referred to for the purposes of this clause as a "UG1" qualification) shall enter the
incremental scale on the second year of service.
(e)
The year of service determined by this clause shall be the year of service only for the purposes of
clause 8, Salaries.
(f)
A registered nurse’s anniversary date for the purpose of moving to the next year of service is not
affected by this clause.
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9. Special Allowances
(i)
A registered nurse who is designated to be in charge of a unit for the majority of a day, evening or night
shift when the Residential Unit Nurse Manager is not rostered for duty shall be paid an allowance as set
in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per shift.
(ii)
A registered nurse (does not apply to persons above the level of Clinical Nurse Educator) who is
designated in charge of a Residence of not more than 100 resident clients in the absence of a Residential
Unit Nursing Manager (or a more senior nurse) shall be paid an allowance as set out in Item 1 of the said
Table 2, per shift.
(iii)
A registered nurse who is designated to be in charge of a unit when the Residential Unit Nursing
Manager is not rostered for duty, and who is designated to be in charge of a Residence of not more than
100 resident clients on the same shift, shall be paid an allowance as set out in Item 3 of the said Table 2,
per shift.
A registered nurse designated as the Rover in charge at Lachlan or Riverside Centres after hours in the
absence of a Residential Unit Nurse Manager (or a more senior nurse) shall be paid an allowance as set
out in Item 2 of the said Table 2, per shift.
(iv)
(v)
A registered nurse who is designated as the Rover in charge at Peat Island or Kanangra Centres after
hours when a Residential Unit Nurse Manager (or a more senior nurse) is not rostered for duty shall be
paid an allowance as set out in Item 4 of the said Table 2, per shift.
(vi)
A nurse who is required to accompany residents/clients on excursions, etc., which necessitate overnight
stays shall be paid a minimum allowance equivalent to eight hours' pay at ordinary rates for each
overnight stay.
10. Penalty Rates for Shift Work and Weekend Work
(i)
Employees working afternoon or night shift shall be paid the following percentages in addition to the
ordinary rate for such shift, provided that employees who work less than 38 hours per week shall only be
entitled to the additional rates where their shifts commence prior to 6.00 a.m. or finish subsequent to
6.00 p.m.:
Afternoon shift commencing at or after 10.00 a.m. and before 1.00 p.m. - 10%.
Afternoon shift commencing at or after 1.00 p.m. and before 4.00 p.m. - 12.5%.
Nightshift commencing at or after 4.00 p.m. and before 4.00 a.m. - 15%.
Nightshift commencing at or after 4.00 a.m. and before 6.00 a.m. - 10%.
(ii)
"Ordinary rate" and "ordinary time" shall not include any percentage addition by reason of the fact that
an employee works less than 38 hours per week.
(iii)
For the purpose of this clause, day, afternoon and night shifts shall be defined as follows:
"Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.
"Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means a shift which commences at or after 4.00 p.m. and before 6.00 a.m. on the day
following.
(iv)
Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for
ordinary working hours worked between midnight on Friday and midnight on Saturday at the rate of time
and one half and for ordinary hours worked between midnight on Saturday and midnight on Sunday at
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the rate of time and three quarters. These extra rates shall be in substitution for and not cumulative upon
the shift premiums prescribed in subclause (iii) of this clause.
The foregoing paragraph shall apply to employees who work less than 38 hours per week, but such
employees shall not be entitled to be paid in addition any allowance prescribed by clause 15, Permanent
Part-time and Casual Employees, in respect of their employment between midnight on Friday and
midnight on Sunday.
(iv)
The additional payments prescribed by this clause shall not form part of the employee's ordinary pay for
the purposes of this award, except as provided in clause 16, Annual Leave.
11. Uniforms
(i)
Subject to subclause (iii) of this clause, sufficient, suitable and serviceable uniforms, including one pair
of shoes per annum which shall be of a recognised acceptable standard for the performance of nursing
duties, shall be supplied free of cost to each employee required to wear a uniform. An employee to
whom a new uniform or part of a uniform has been issued who, without good reason, fails to return the
corresponding article last supplied shall not be entitled to have such article replaced without payment
therefore at a reasonable price. In lieu of supplying a uniform to an employee, an employer may pay the
said employee the sum as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(ii)
An employee, on leaving the service of an employer, shall return any uniform or part thereof supplied by
the employer which is still in use by that employee immediately prior to leaving.
(iii)
(a)
In lieu of supplying shoes to an employee, an employer shall pay the said employee the sum as set
out in Item 4 of the said Table 2.
(b)
In lieu of supplying stockings to a female employee, an employer shall pay the said employee the
sum as set out in Item 4 of the said Table 2.
(c)
In lieu of supplying socks to an employee, an employer shall pay the said employee the sum as set
out in Item 4 of the said Table 2.
(d)
The allowances prescribed in this subclause continue to be payable during any period of paid
leave.
(iv)
If the uniform of an employee is not laundered at the expense of the facility, an allowance as set out in
Item 4 of the said Table 2 shall be paid to the said employee. Provided that this allowance is not payable
during any period of leave which exceeds one continuous week.
(v)
Where the employer requires any employee to wear headgear, the facility shall provide headgear free of
charge to the employee.
(vi)
Each employee whose duties regularly require them to work out of doors shall be supplied with suitable
waterproof coat, hat and overboots. Sufficient waterproof clothing shall be made available for use by
other employees who in the course of their duties are exposed to wet weather.
(vii)
The allowances prescribed by subclauses (iii) and (iv) of this clause shall be paid to employees who are
not required by their employer to wear a uniform. Such payments will be in compensation for the cost of
purchasing and maintaining suitable clothing.
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12. Overtime
(i)
Subject to subclause (iii) of this clause, all time worked by employees, other than the Principal Nurse
Managers Accommodation and Nursing Services and the Nurse Managers Accommodation and Nursing
Services, in excess of the rostered daily ordinary hours of work, shall be overtime and shall be paid for at
the rate of time and one half for the first two hours and double time thereafter in respect of each overtime
shift worked or in respect of overtime worked prior to or at the conclusion of a normal shift. Provided
that overtime worked on Sundays shall be paid for at the rate of double time and on public holidays at
the rate of double time and one half.
(ii)
(a)
All time worked by permanent part-time employees in excess of the rostered daily ordinary hours
of work prescribed for the majority of full-time employees on that shift in the unit concerned shall
be paid for at the applicable overtime rates.
(b)
Time worked up to the rostered daily ordinary hours of work prescribed for the majority of fulltime employees on that shift in the unit concerned shall not be regarded as overtime but as an
extension of the contract hours for that day and shall be paid at the ordinary rate of pay.
(c)
All time worked by a permanent part-time employee in excess of the rostered daily ordinary hours
prescribed for a full-time employee, or in excess of an average of 38 per week in each roster
cycle, shall be paid for at overtime rates.
(iii)
An employee, other than the Principal Nurse Managers Accommodation and Nursing Services and Nurse
Managers Accommodation and Nursing Services, recalled to work overtime after leaving the
Department’s premises (whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate each time so recalled. If the work required is
completed in less than four hours, the employee shall be released from duty. Provided that this
subclause does not apply to a Nurse Manager Accommodation and Nursing Services.
(iv)
In lieu of the conditions specified in subclauses (ii), (iii) and (iv) of this clause, a nurse who works
directed overtime may be compensated by way of time off in lieu of overtime, subject to the following
requirements:
(v)
(a)
Time off in lieu must be taken within three months of it being accrued at overtime rates.
(b)
Where it is not possible for a nurse to take the time off in lieu within the three-month period, it is
to be paid out at the appropriate overtime rate based on the rates of pay applying at the time
payment is made.
(c)
Nurses cannot be compelled to take time off in lieu of overtime.
(d)
Time off in lieu of overtime should only be considered as an option in those circumstances where
the Department is able to provide adequate replacement staff to ensure that the level of quality of
service that would otherwise have been provided had overtime been worked is in fact provided.
(e)
Records of all time off in lieu owing to nurses and taken by nurses must be maintained.
An employee required to work overtime following on the completion of his/her normal shift for more
than two hours shall be allowed 20 minutes for the partaking of a meal and a further 20 minutes after
each subsequent four hours' overtime; all such time shall be counted as time worked, provided that the
benefits of this subclause shall not apply to an employee employed pursuant to Part 1 of clause 15,
Permanent Part-time and Casual Employees, until the expiration of the normal shift for a majority of the
full-time employees employed on that shift in the ward or section concerned.
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(vi)
8 July 2005
An employee who is recalled to work overtime after leaving the Department’s premises and who is
required to work for more than four hours shall be allowed 20 minutes for the partaking of a meal and
further 20 minutes after each subsequent four hours' overtime; all such time shall be counted as time
worked.
(vii)
(a)
The meals referred to in subclauses (vi) and (vii) of this clause shall be allowed to the employee
free of charge. Where the Department is unable to provide such meals, an allowance per meal as
calculated hereunder shall be paid to the employee concerned.
(b)
The value of payments for meals shall be varied in accordance with variations to Division 3 of the
Public Sector Management (General) Regulation 1996.
(viii) Where an employee is required to work an overtime shift on his/her rostered day off, the appropriate
meal breaks for that shift, as prescribed by clause 4, Hours of Work and Free Time of Employees, shall
apply.
(ix)
An employee who works so much overtime:
(a)
(b)
between the termination of his/her ordinary work on any day or shift and the commencement of
his/her ordinary work on the next day or shift that he/she has not had at least eight consecutive
hours off duty between these times; or
on a Saturday, a Sunday and a holiday, not being ordinary working days, or on a rostered day off
without having had eight consecutive hours off duty in the 24 hours preceding his/her ordinary
commencing time on his/her next day or shift,
shall, subject to this subclause, be released after completion of such overtime until he/she has had
eight consecutive hours off duty without loss of pay for ordinary working time occurring during
such absence. If on the instruction of the Department such an employee resumes or continues to
work without having had such eight consecutive hours off duty, he/she shall be paid at double
time until released from duty for such period and he/she then shall be entitled to be absent until
he/she has had eight consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(x)
Subject to subclause (xi) of this clause, an employee may be directed by the Department Head or
delegate to work overtime.
(xi)
An employee may refuse to work overtime where the working of such overtime would result in the
employee working hours which are unreasonable.
(xii)
For the purposes of subclause (xii) of this clause, what is unreasonable or otherwise will be determined
having regard to:
(a)
any risk to employee health and safety;
(b)
the employee’s personal circumstances, including any family and carer responsibilities,
community obligations or study arrangements;
(c)
the urgency of the work required to be performed, the impact on operational commitments and
the effect on client services;
(d)
the notice (if any) given by the employer of the overtime and by the employee of his/her intention
to refuse it; and
(e)
any other relevant matter.
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13. Payment and Particulars Salaries
(i)
All salaries and other payments shall be paid fortnightly, provided that payment for any overtime and/or
shift penalties worked may be deferred to the pay day next following the completion of the working
cycle within which such overtime and or shift penalties is worked, but for no longer. Provided further
that any proposal to alter the day on which wages are to be paid or the number of days' pay kept in hand
by the employer must be the subject of consultation with the Head Office of the Association.
(ii)
Employees shall have their salary paid into one account with a bank or other financial institution in New
South Wales as nominated by the employee. Salaries shall be deposited by the Department in sufficient
time to ensure that wages are available for withdrawal by employees by no later than pay day, provided
that this requirement shall not apply where employees nominate accounts with non-bank financial
institutions which lack the technological or other facilities to process salary deposits within 24 hours of
the Department making their deposits with such financial institutions, but, in such cases, the Department
shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by
no later than pay day.
(iii)
Notwithstanding the provisions of subclause (ii) of this clause, an employee who has given or has been
given the required notice of termination of employment shall be paid all monies due to him/her prior to
ceasing duty on the last day of employment.
Where an employee is summarily dismissed or his/her services are terminated without due notice, any
monies due to him/her shall be paid as soon as possible after such dismissal or termination but in any
case not more than three days thereafter.
14. Registration or Enrolment Pending
(i)
A trainee enrolled nurse who has passed the examination prescribed by the Board, completed the course
of training and applied for enrolment shall, upon enrolment, be paid as from the date of application for
enrolment the salary to which he/she would have been entitled if enrolled.
(ii)
A nurse who has trained outside New South Wales shall be paid as a registered nurse or enrolled nurse
as and from the date he/she is notified that he/she is eligible for registration or enrolment as a registered
nurse or enrolled nurse, provided that he/she makes application for registration within seven days after
being so notified.
15. Permanent Part-time and Casual Employees
Part I - Permanent Part-Time Employees
(i)
A permanent part-time employee is one who is appointed to work a specified number of hours each week
which are less than those prescribed for a full-time employee. Provided that the Department must not
utilise this provision in a manner which has the effect of subverting the intentions of the 38-hour week
arrangements whereby full-time employees work on no more than 19 days in each 28-day roster cycle.
(ii)
Subject to subclause (iii) of this clause, employees engaged under Part 1 shall be paid an hourly rate
calculated on the basis of 1/38th of the appropriate rate prescribed by clause 8, Salaries, with a minimum
payment of two hours for each start, and 1/38th of the appropriate allowances prescribed by clause 11,
Uniforms, but shall not be entitled to an additional day off or part thereof, as prescribed by subclauses
(iii) and (v) of clause 4, Hours of Work and Free Time of Employees.
(iii)
Permanent part-time employees shall accrue annual leave at the rate of four weeks per annum. Clause
16, Annual Leave, shall not apply to permanent part-time employees (except for subclause (v) of the said
clause 16).
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(iv)
A public holiday occurring on an ordinary working day shall be allowed to employees without loss of
pay, provided that an employee who is required to and does work ordinary hours on a public holiday
shall have one day or one half day, as appropriate, added to his/her period of annual leave and be paid at
the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional
rate for shift work or weekend work which would otherwise be payable had the day not been a public
holiday. In lieu of adding to annual leave under this paragraph, an employee may elect to be paid for the
time actually worked at the rate of time and one half in addition to his/her ordinary weekly rate. Where
payment is made in lieu of leave in respect of time worked on a public holiday, payment shall be made
for a minimum of four hours' work, and any balance of the day or shift not worked shall be paid at
ordinary rates. For employees who work less than five days per week, when a public holiday occurs on a
day of the week on which an employee regularly works, that employee shall be entitled to observe the
public holiday without loss of pay, i.e. the employee’s roster must not be changed to avoid payment of
the public holiday.
(v)
In this Part, ordinary pay, for the purposes of sick leave and annual leave, shall be calculated on the basis
of the average weekly ordinary hours worked over the 12 months' qualifying period.
(vi)
Employees engaged under this Part shall be entitled to all other benefits of this award, not otherwise
expressly provided for herein, in the same proportion as their ordinary hours of work bear to full-time
hours.
Part II - Casual Employees
(i)
A casual employee is one engaged on an hourly basis otherwise than as a permanent part-time or fulltime employee.
(ii)
A casual employee shall be paid an hourly rate calculated on the basis of 1/38th of the appropriate rate,
prescribed by clause 8, Salaries, plus 15% thereof, with a minimum payment of two hours for each start,
and 1/38th of the appropriate allowances prescribed by clause 11, Uniforms.
(iii)
With respect to a casual employee, the provisions of clause 12, Overtime, and clause 16, Annual Leave,
shall not apply. Further, casual employees shall not be entitled to an additional day off or part thereof as
prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free Time of Employees.
(iv)
For the entitlement to payment in respect of annual leave, see Annual Holidays Act 1944.
(v)
A casual employee who is required to and does work on a public holiday as defined in subclauses (iii)
and (iv) of clause 16, Annual Leave, shall be paid for the time actually worked at the rate of double time
and one half, such payment being in lieu of weekend or shift allowances which would otherwise be
payable had the day not been a public holiday.
(vi)
Where a casual employee has been notified by the Department of a time to commence an engagement
and that engagement is subsequently cancelled by the Department with less than two hours' notice, the
casual employee must be paid a minimum payment of two hours calculated at the rate which would have
applied had the cancellation not occurred.
(vii)
A casual employee must not be required to work more than 12 consecutive hours.
16. Annual Leave
(i)
Full-time employees shall accrue annual leave at the rate of six weeks per annum, in recognition of the
fact that they are required to work on public holidays unless rostered off duty on those days as part of
their normal rostered days off.
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8 July 2005
(ii)
(a)
A full-time employee who is required to and does work on a public holiday shall be paid, in
addition to the appropriate ordinary rate of pay, at the rate of one half time extra for the time
actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a public holiday.
(b)
To leave prescribed by subclause (i) of this clause, there shall be added one working day or one
half working day for each special public holiday or half public holiday (not being one of the ten
specifically named public holidays prescribed by subclause (iii) of this clause, or a special day
proclaimed in lieu of any of them), which may occur during the qualifying period for annual leave
or during the period of annual leave.
In lieu of adding to annual leave under this paragraph, an employee may elect to be paid for the
time actually worked at the rate of time and one half in addition to his/her ordinary weekly rate.
Where payment is made in lieu of leave in respect of the time worked on a public holiday,
payment shall be made for a minimum of four hours' work, and any balance of the day or shift not
worked shall be paid at ordinary rates.
(iii)
For the purpose of this subclause, the following are to be public holidays: New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, local Labor Day,
Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday within
the area in which the facility is situated.
(iv)
In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to
an extra public holiday each year. Such public holiday will occur on a day between Christmas Day and
New Year's Day as determined by the Department following consultation with the Association. This
subclause shall apply in substitution for any additional local public holiday or half public holiday
proclaimed in a local government area.
(v)
In addition to the leave prescribed by subclause (i) of this clause, employees who work their ordinary
hours on Sundays and/or public holidays are entitled to receive additional payment as follows:
Number of ordinary shifts worked on Sundays
and/or public holidays during qualifying period
of employment for annual leave purposes
4 to 10
11 to 17
18 to 24
25 to 31
32 or more
Additional Payment
1/5th of one week’s ordinary salary
2/5th of one week’s ordinary salary
3/5th of one week’s ordinary salary
4/5th of one week’s ordinary salary
one week’s ordinary salary
17. Senior Nurse Management Structure
(i)
Each residence shall have a Nurse Manager Accommodation and Nursing Services in charge and such
other support positions as agreed between the Department and the Association.
(ii)
The grading of Nurse Manager positions in each Residence will be determined in accordance with
Schedule 1 of this Part.
(iii)
The grading of the Principal and Nurse Manager Accommodation and Nursing Services may be
reviewed by the Department and the Association where there is a significant change in resident client
numbers, and adjusted accordingly. Where the grading of such a position is altered to a lesser grade, and
the affected position is substantively occupied, the incumbent of the position will retain the higher
grading on a personal basis.
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8 July 2005
18. Disputes
(i)
All parties must use their best endeavours to cooperate in order to avoid any grievances and/or disputes.
(ii)
Where a dispute arises in any work location, regardless of whether it relates to an individual nurse or to a
group of nurses, the matter must be discussed in the first instance by the nurse(s) (or the Association on
behalf of the nurse(s) if the nurse(s) so request(s)) and the immediate supervisor of that nurse(s).
(iii)
If the matter is not resolved within a reasonable time, it must be referred by the nurse(s) immediate
supervisor to the Department’s nominee and may be referred by the nurse(s) to the Association’s Head
Office. Discussions at this level must take place and be concluded within two working days of referral
or such extended period as may be agreed.
(iv)
If the matter remains unresolved, the Association must then confer with the appropriate level of
management (i.e. at facility or Department level, depending on the nature and extent of the matter).
Discussions at this level must take place and be concluded within two working days of referral or such
extended period as may be agreed.
(v)
If these procedures are exhausted without the matter being resolved, or if any of the time limits set out in
those procedures are not met, either the Association or the Department may seek to have the matter
mediated by an agreed third party, or the matter may be referred in accordance with the provisions of the
Industrial Relations Act 1996, to the Industrial Relations Commission of New South Wales, for its
assistance in resolving the issue.
(vi)
During these procedures normal work must continue and there must be no stoppages of work, lockouts
or any other bans or limitations on the performance of work.
(vii)
The status quo before the emergence of the issue must continue whilst these procedures are being
followed. For this purpose, 'status quo' means the work procedures and practices in place:
(a)
immediately before the issue arose; or
(b)
immediately before any change to those procedures or practices, which caused the issue to arise,
was made.
The Department must ensure that all practices applied during the operation of these procedures
are in accordance with safe working practices.
(viii) Throughout all stages of these procedures, adequate records must be kept of all discussions.
(ix)
These procedures will be facilitated by the earliest possible advice by one party to the other of any issue
or problem which may give rise to a grievance or dispute.
19. Grading Committee
A Central Committee consisting of two representatives of the Department and two representatives of the
Association shall be constituted to consider and make recommendations to the Department in relation to:
(a)
Any proposals to alter the grading of any existing or established new positions of Residential Unit
Nursing Manager where agreement cannot be reached at the local level.
(b)
The grading of Nurse Manager positions which are affected by a change in resident client numbers.
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(c)
8 July 2005
The date of effect of any grading recommended.
Provided that:
1.
An employee shall, whilst the grading or remuneration of his/her position is under consideration,
be ineligible to be a member of the Committee;
2.
the Committee shall not, without sufficient reason, recommend the retrospective operation of any
grading or remuneration; and
3.
where a retrospective date of effect is recommended, such date shall not be earlier than a date six
months prior to the date on which the matter was referred to the Committee.
4.
The limitation of retrospectivity shall not apply to RUNM positions that are regraded as part of
the transitional arrangements to the new award structure. This provision shall lapse effective 30
June 2005.
20. Anti-Discrimination
(i)
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.
(ii)
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.
(iii)
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.
(iv)
Nothing in this clause is to be taken to affect:
(v)
(a)
any conduct or act which is specifically exempted from anti-discrimination legislation;
(b)
(c)
offering or providing junior rates of pay to persons under 21 years of age;
any act or practice of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(d)
a party to this award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
This clause does not create legal rights or obligations in addition to those imposed upon the parties by
the legislation referred to in this clause.
Notes
(a)
Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b)
Section 56(d) of the Anti-Discrimination Act 1977 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."
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8 July 2005
21. Leave Reserved
1.
Leave is reserved to the parties to make application in respect of clause 9, Special Allowances, regarding
qualifications allowances following the Commission’s decision in the Public Hospital Nurses (State)
Award. Any such application will not seek an outcome that is greater in quantum than the decision in
matter number IRC 6802 of 2001.
2.
Leave is reserved to the parties to make application in respect to the inclusion of provisions for
traineeships leading to enrolment as an Enrolled Nurse.
3.
Leave is reserved to the parties to make application in respect of the pay rate applicable to Assistants in
Nursing currently undertaking an education program leading to registration with the Board. Any such
application will not seek an outcome that is greater in quantum than the award outcome of the current
negotiations in the Public Hospital Nurses’ (State) Award.
4.
Leave is reserved to the parties to make application in respect of remuneration for enrolled nurses whose
role involves the administration of medication. Any such application will not be made before 1 January
2007 and will not seek an outcome that is greater in quantum than the award outcome of the current
negotiations in the Public Hospital Nurses’ (State) Award.
5.
Leave is reserved to the parties to undertake a review, after 1 January 2007, of the Clinical Nurse
Specialist, Clinical Nurse Educator, and Nurse Learning and Development Officer classifications. The
review will include salary levels and role definition but may also include other issues relating to these
classifications that are identified by either party. If agreement is not reached, either party has leave to
make application to the Industrial Relations Commission of New South Wales to arbitrate the matter.
6.
The parties may discuss future salary increases for this award. In the absence of consent being reached,
during the period of the award, leave is reserved to the parties to make application in respect of such
increases. The parties agree that an application other than by consent will be limited to 3% from the first
full pay period on or after 1 July 2005 and a further increase of 3% from the first full pay period on or
after 1 July 2006.
22. Area, Incidence and Duration
(i)
This award applies to all employees as defined in clause 2, Definitions.
(ii)
This award shall take effect from 1 July 2004 and shall remain in force thereafter for a period of three
years.
(iii)
This award rescinds and replaces the Nurses’ (Department of Ageing, Disability and Home Care) Interim
(State) Award published 3 March 2000 (313 I.G. 980).
SCHEDULE 1
NURSE MANAGER AND ADMINISTRATIVE SUPPORT POSITIONS
Principal Nurse Manager Accommodation and Nursing Services - Nurse Manager Grade 8
Principal Nurse Manager Accommodation and Nursing Services - Nurse Manager Grade 7
Stockton, Marsden/Rydalmere
Nurse Manager Accommodation and Nursing Services - Nurse Manager Grade 5
Peat Island, Kanangra, Lachlan, Riverside, Stockton, Rydalmere, Marsden
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8 July 2005
Nurse Manager Accommodation and Nursing Services - Nurse Manager Grade 4
Tomaree, Grosvenor
Nurse Systems Support Co-ordinator (NSSC)
Level 4
Stockton, Rydalmere, Marsden
Level 3
Peat Island, Kanangra
Level 2
Lachlan, Riverside
Level 1
Tomaree, Grosvenor
Nurse Systems Support Officer (NSSO)
Level 3
Stockton, Rydalmere, Marsden
Level 2
Peat Island, Kanangra
Level 1
Lachlan, Riverside
Nurse Manager Learning and Development - Nurse Manager Grade 3
Metro West Residences, Hunter Residences
Nurse Manager Resource Support Unit - Nurse Manager Grade 3
Metro West Residences, Hunter Residences
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8 July 2005
PART B
MONETARY RATES
Table 1 - Salaries
Classification
First full pay period to commence
on or after 01/07/04
per annum
$
Assistant in Nursing
Under 18 years of age 1st year of experience
2nd year of experience
Thereafter
18 years of age and over 1st year of experience
2nd year of experience
3rd year of experience
Thereafter
Trainee Enrolled Nurse
Under 18 years of age 1st year of experience
2nd year of experience
Thereafter
18 years of age and over 1st year of experience
2nd year of experience
3rd year of experience
Thereafter
Enrolled Nurse
1st year of experience
2nd year of experience
3rd year of experience
4th year of experience
Thereafter
Nurse undergoing pre-registration training other than as a
student
Registered Nurse
1st year
2nd year
3rd year
4th year
5th year
6th year
7th year
8th year
Clinical Nurse Consultant
1st year and thereafter
Clinical Nurse Specialist
No further appointments to this classification from date of this
award
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23491
24524
25510
27712
28594
29491
30415
24315
25385
26402
28683
29596
30524
31479
35200
35972
36749
37527
38310
34412
39911
42087
44258
46585
48891
51206
53833
56050
71725
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Clinical Nurse Educator
Nurse, Learning and Development Officer
1st year
2nd year
3rd year
4th year
Residential Unit Nursing Manager
Level 1
Level 2
Level 3
Nurse Systems Support Officer
Level 1
Level 2
Level 3
1st year
2nd year
Nurse Systems Support Co-ordinator
Level 1
Level 2 1st year
2nd year
Level 3 1st year
2nd year
3rd year
4th year
Level 4 1st year
2nd year
Principal Nurse Manager Accommodation and Nursing Services
1st year
2nd year
Nurse Manager Accommodation and Nursing Services
Tomaree, Grosvenor
1st year
2nd year
Peat Island, Kanangra, Lachlan, Riverside, Stockton,
Rydalmere, Marsden
1st year
2nd year
Nurse Manager Learning and Development Unit
1st year
2nd year
Nurse Manager Resource Support Unit
1st year
2nd year
Nurse Manager
Grade 1 1st year
2nd year
Grade 2 1st year
2nd year
Grade 3 1st year
2nd year
- 268 -
58336
64712
66533
68166
71725
70311
73650
75628
63000
67000
70118
71547
67000
70118
71547
70118
71547
72967
74412
72967
74412
97303
98743
81566
82995
85844
87295
77266
78706
77266
78706
70118
71547
72967
74412
77266
78706
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Grade 4 1st year
2nd year
Grade 5 1st year
2nd year
Grade 6 1st year
2nd year
Grade 7 1st year
2nd year
Grade 8 1st year
2nd year
81556
82995
85844
87295
90154
91485
97303
98743
104456
105886
Table 2 - Other Rates and Allowances
Item No.
Clause No.
1.
9(i) and (ii)
2.
9(iv)
3.
9(iii)
4.
9(v)
5.
11(i)
11(iii)(a)
11(iii)(b)
11(iii)(c)
11(iv)
Description
Registered nurse in charge of unit in absence
of RUNM or in charge of a Residence of not
more than 100 resident clients
Registered nurse designated as the Rover in
charge of residential centre after hours
(Lachlan, Riverside)
Registered nurse in charge of unit in absence
of RUNM and in charge of a Residence of not
more than 100 resident clients
Registered nurse designated as the Rover in
charge of a residential centre after hours
(Peat Island, Kanangra)
Uniform allowance
Shoe allowance
Stocking allowance
Sock allowance
Laundry allowance
Beginning of first pay
period to commence on or
after 01.07.04
$
21.86 per shift
21.86 per shift
32.79 per shift
32.79 per shift
5.02 per week
1.55 per week
2.60 per week
0.51 per week
4.18 per week
F. L. WRIGHT J, President.
____________________
Printed by the authority of the Industrial Registrar.
- 269 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(316)
SERIAL C3625
CROWN EMPLOYEES (NSW FIRE BRIGADES FIREFIGHTING
STAFF) AWARD 2005
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Fire Brigade Employees Union, industrial organisation of employees.
(No. IRC 930 of 2004)
Before The Honourable Justice Wright, President
The Honourable Justice Boland
Mr Deputy President Grayson
Commissioner Tabbaa
9 March 2005
AWARD
PART A
1. Introduction
1.1
This Award shall be known as the "Crown Employees (NSW Fire Brigades Firefighting Staff) Award
2005".
1.2
This Award regulates the rates of pay and conditions of employment for employees covered by this
Award.
1.3
This Award is in four Parts as follows:Part A - Introduction, Index, Basic Wage, and Definitions
Part B - Rates of Pay and Conditions of Employment for Operational Firefighters
Part C - Salaries and Conditions of Employment for Executive Officers
Part D - Monetary Rates
1.4
The provisions of the following Clauses apply to all employees covered by this Award:
Clause 1 - Introduction
Clause 2 - Index
Clause 3 - Basic Wage
Clause 4 - Definitions
Clause 5 - Intentions and Commitments
Clause 7 - Higher Duties
Clause 11 - Transport
Clause 14 - Operational Support Positions
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8 July 2005
Clause 15 - Training and Staff Development
Clause 21 - Parental Leave
Clause 22 - Personal/Carers Leave
Clause 24 - Special Leave for Union Activities
Clause 26 - Travelling Compensation
Clause 27 - Notice of Transfer
Clause 29 - Transferred Employees’ Compensation
Clause 31 - Protective Clothing and Uniforms
Clause 33 - Cleaning of Clothes
Clause 34 - Safety Belts
Clause 35 - Disputes Avoidance Procedures
Clause 36 - Acknowledgment of Applications and Reports
Clause 37 - Procedures Regarding Reports and Charges
Clause 38 - Drug and Alcohol Protocol
Clause 39 - Salary Sacrifice to Superannuation
Clause 39A - Wage/Salary Packaging Arrangements
Clause 40 - Anti Discrimination
Clause 48 - Leave Reserved
Clause 49 - Area, Incidence and Duration
1.5
Except as provided for in subclause 1.4, the provisions of Part B, Rates of Pay and Conditions of
Employment for Operational Firefighters, do not apply to Executive Officers and the provisions of Part
C, Salaries and Conditions of Employment for Executive Officers, do not apply to Operational
Firefighters.
1.6
Further to subclause 1.5, in any case where "employee" is referred to in the provisions of this Award
which apply exclusively to either Operational Firefighters or to Executive Officers, "employee" shall
mean only those classifications to which the exclusive conditions are intended to apply.
2. Index
1.
2.
3.
4.
5.
6.
7.
8.
Introduction
Index
Basic Wage
Definitions
Intention
Rates of Pay and Allowances
Higher Duties
Hours of Work
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
28A.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
39A.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
Overtime
Meals and Refreshments
Transport
Relieving Provisions
Progression and Promotion Provisions
Operational Support Positions
Training and Staff Development
Training Course Attendance Entitlements
Annual Leave
Compassionate Leave
Examination and Assessment Leave
Long Service Leave
Parental Leave
Personal/Carer's Leave
Sick Leave
Special Leave for Union Activities
Court Attendance Entitlements
Travelling Compensation
Notice of Transfer
Transfers Outside of the GSA
Transfers Outside of the GSA (New Arrangements)
Transferred Employee's Compensation
Rental of Premises
Protective Clothing and Uniforms
Clothes Drying Facility
Cleaning of Clothes
Safety Belts
Disputes Avoidance Procedures
Acknowledgment of Applications And Reports
Procedures Regarding Reports and Charges
Drug And Alcohol Protocol
Salary Sacrifice to Superannuation
Wage/Salary Packaging Arrangements
Anti-Discrimination
Salaries
Hours of Work
Appointment to Executive Officer Positions
Leave
General Conditions of Employment
Relieving Superintendents
Rental of Premises
Leave Reserved
Area, Incidence and Duration
3. Basic Wage
3.1
This Award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic
wage of $121.40 per week.
3.2
The said basic wage may be varied by the Commission under subclause 2 of Clause 15 of Division 4 of
Part 2 of Schedule 4, Savings, Transitional and other provisions, of the Industrial Relations Act 1996.
3.3
A reference in this Award to the adult basic wage is to be read as a reference to the adult basic wage
currently in force under the said Clause 15.
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8 July 2005
4. Definitions
"Act" means the Fire Brigades Act 1989.
"Agreed Distance" means the relevant distance set out within the Matrices which appeared at Part E of the
Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2001, or as subsequently amended pursuant
to subclause 12.10, copies of which shall be provided by the Department to employees in the manner agreed
between the Department and the Union.
"Commissioner" means Commissioner of the Department holding office as such under the Public Sector
Employment and Management Act 2002.
"Competency" means the training competencies developed by and agreed between the Department and the
Union providing the appropriate level of training, or part thereof, for the skill required to undertake the work for
each classification covered by this Award.
"Department" means NSW Fire Brigades established by the Fire Brigades Act 1989 and as a Department under
Schedule 1 of the Public Sector Employment and Management Act 2002.
"Employee" means a person, other than a member of a volunteer fire brigade, employed in one of the
classifications covered by this Award, as a member of the NSW Fire Brigades in terms of the provisions of the
Fire Brigades Act 1989.
"Executive Officer" means an employee having the rank of Chief Superintendent or Superintendent.
"Fire District" has the same meaning as in the Fire Brigades Act 1989.
"Firefighter" means an employee classified as a Recruit, Firefighter (Levels 1 to 4 inclusive), Qualified
Firefighter, Senior Firefighter or Leading Firefighter.
"GSA" (Greater Sydney Area) means within the area bounded by the Local Government areas of Pittwater,
Hornsby, Baulkham Hills, Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland.
"Incident" means a fire call or any other emergency incident attended by the New South Wales Fire Brigades.
"Officer" means any employee having the rank of Station Officer.
"Operational Firefighter" means a Firefighter classified as one of the following: Recruit; Firefighter Level 1;
Firefighter Level 2; Firefighter Level 3; Firefighter Level 4; Qualified Firefighter; Senior Firefighter; Leading
Firefighter; Station Officer; or Inspector.
"Operational Support Position" means a position classified as such by agreement between the Department and
the Union and graded using a NSW Government accredited job evaluation system.
"Outduty" means a period of duty performed by a Firefighter, not being a Relieving Employee, where the
Firefighter either commences or ceases duty at a station other than the station where the Firefighter normally
reports for duty.
"Overtime" means for an Operational Firefighter all time worked with approval or direction in excess of the
employee's rostered shift.
"Personnel Handbook" means the Personnel Handbook published by the PEO.
"PSM Act" means the Public Sector Employment and Management Act 2002.
"Platoon" means a group of employees assigned to a shift.
"PEO" means the Public Employment Office.
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
"Rate of Pay" means the ordinary time rate of pay for an Operational Firefighter and includes the "shift
allowance", "loading" and "industry allowance" referred to in Clause 6, Rates of Pay and Allowances.
"Relieving Employee" means an employee serving at a station while not being permanently attached to any one
station.
"Senior Officer" means an employee having the rank of Inspector.
"Stand By" means a period of duty performed by a Firefighter at a station other than the station at which the
Firefighter commenced duty and where the Firefighter finishes duty at the station at which duty commenced.
"Standard Roster" means the roster prescribed in subclause 8.3 of Clause 8 of this Award.
"Substantial Meal" means a meal similar in standard to that provided by domestic airlines to inflight passengers
travelling interstate economy class.
"Union" means the New South Wales Fire Brigade Employees' Union.
PART B
5. Intention
The intention of this Award is to regulate the rates of pay and conditions of employment for employees covered
by this Award.
6. Rates of Pay and Allowances
6.1
An employee shall be paid the rate of pay prescribed for the employee's classification in Tables 1.1 to
1.3 & 2.1 to 2.3 of Part D, Monetary Rates, of this Award.
6.2
The "rate of pay" is a composite rate which incorporates the basic wage, margin, loading, shift allowance
and industry allowance previously prescribed separately in the Fire Brigade Employees (State) Award
(as varied from time to time), published in the NSW Industrial Gazette on 28 June, 1991.
6.3
The "shift allowance" referred to in subclause 6.2 is an amount to compensate for shiftwork.
6.4
The "loading" referred to in subclause 6.2 is an amount which is in compensation for the incidence, as a
result of the normal roster arrangements, of work on weekends and public holidays. In cases where
additional public holidays are Gazetted, employees shall be credited with eight hours consolidated leave
for each such day.
6.5
The "industry allowance" referred to in subclause 6.2 is an amount which is in consideration of
conditions particular to working in the Firefighting Industry.
6.5A The "Roster Allowance" is an amount which is in consideration of conditions particular to rosters in the
Firefighting Industry and shall be paid for all purposes, at the rate prescribed for the employee's
classification in Tables 1.1 to 1.3 of Part D, per week.
6.6
Except as provided for in this subclause, or in subclause 6.7, in addition to the rates of pay prescribed in
Tables 1.1 to 1.3 & 2.1 to 2.3 of Part D, employees, where applicable, shall be paid:
6.6.1
An amount not exceeding that set by Item 1 of Table 3 of Part D, for all reasonable
laundry expenses incurred by an employee who performs duty on a temporary basis
outside the GSA. Accounts for such laundry expenses are to be submitted when a claim is
made.
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8 July 2005
6.6.2
The amount set at Item 2 of Table 3 of Part D, per kilometre, where a firefighter performs
a "Stand By" and is required to use the firefighter's private vehicle to perform such "Stand
By". The distance shall be the agreed distance or, if the return distance travelled by the
firefighter from the station at which duty commenced to the station at which the "Stand
By" is performed is not contained in the Matrices, the actual distance necessarily and
reasonably travelled.
6.6.3
The amount set at Item 3 of Table 3 of Part D, per week, where the employee is required
to work at Broken Hill or Moree.
6.6.4
The amount set at Item 4 of Table 3 of Part D, per kilometre, for travelling between
stations.
6.6.6
The amount set at Item 9 of Table 3 of Part D, if qualified to drive a Turntable Ladder
Appliance. Provided that this allowance shall not be payable to Inspectors.
6.6.7
The amount set at Item 10 of Table 3 of Part D, if called upon to drive a Turntable Ladder
Appliance.
6.6.8
The amount set at Item 11 of Table 3 of Part D, if qualified to drive a Rescue Monitor
Appliance. Provided that this allowance shall not be payable to Inspectors.
6.6.9
The amount set at Item 12 of Table 3 of Part D, if called upon to drive a Rescue Monitor
Appliance.
6.6.10
The amount set at Item 13 of Table 3 of Part D, if qualified to drive a Hydraulic Platform
Appliance. This allowance is payable only when the employee is rostered for duty at a
station with this equipment. Provided that this allowance shall not be payable to
Inspectors.
6.6.11
The amount set at Item 14 of Table 3 of Part D, if assigned to or called upon to drive a
Hydraulic Platform Appliance.
6.6.12
The amount set at Item 15 of Table 3 of Part D, per rostered shift, where:
(a)
A Firefighter or Officer is attached either permanently or under Clause 12,
Relieving Provisions, and is performing work at the BA/Hazmat Sections at
Sydney, Newcastle or Wollongong; and
(b)
Has been attached to that section for a period totalling forty-one shifts, or has
experience approved by the Department or has satisfactorily completed training
approved by the Department as equivalent to the experience obtained from
attachment to a BA/Hazmat Section specified in this subclause.
(c)
The payment shall not form part of the Operational Firefighter’s rate of pay for any
purpose of this Award.
6.6.13
The amount set at Item 16 of Table 3 of Part D, if assigned to the Hazardous Materials
appliance at Berkeley Vale.
6.6.14
The amount set at Item 17 of Table 3 of Part D, if whilst Fleet Operations Officer
possessing competency to drive the Hydraulic Platform Appliance.
6.6.15
The amount set at Item 18 of Table 3 of Part D, when performing duties as Fleet
Operations Officer and called upon to drive the Hydraulic Platform Appliance.
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6.7
8 July 2005
6.6.16
The amount set at Item 19 of Table 3 of Part D, if the Station Officer is required to use
own vehicle to attend any incident whilst off duty.
6.6.17
The amount set at Item 20 of Table 3 of Part D, per rostered shift, if on duty and rostered
to drive fire appliances excepting tenders.
6.6.18
In the case of Officers and Senior Officers stationed outside the GSA and outside the areas
specified in subclause 28.2 of this Award, the amount set at Item 21 of Table 3 of Part D,
which shall be paid for all purposes.
6.6.19
The amount set at Item 22 of Table 3 of Part D, per rostered shift, if qualified as a rescue
operator and recognised as such by the State Rescue Board.
Exceptions, Explanations and Method of Adjustment
6.7.1 The allowances prescribed in subclauses 6.6.6 and 6.6.8 shall, in the case of Station Officers,
only apply where Station Officers are rostered for duty at a station with the equipment to which
the allowance relates.
6.8
6.8.1 Employees shall be paid fortnightly and payment shall be made into a bank account specified by
the employee, or other financial institutions acceptable to the Department and the Union.
6.8.2 Employees shall be paid not later than Thursday in any pay week.
6.9
6.9.1 An employee shall not be entitled to payment in respect of any unwarranted absence from duty or
in respect of leave granted without pay.
6.9.2 Where any strike or stoppage of work occurs during a pay period for which payment has already
been made, the Department shall deduct the amount overpaid from the wages of the employee.
The provisions of subclause 6.15 shall not apply in cases where overpayments have occurred as a
result of any strike or stoppage of work.
6.10
Unless as otherwise provided for in Clause 24, Special Leave for Union Activities, where an employee
is, on application, granted leave by the Department to attend to Union business, all such leave shall be
leave without pay.
6.11
Where the period of absence or leave under subclauses 6.9 and 6.10 of this clause, is a portion of a
week, the amount to which an employee shall be disentitled shall be ascertained on an hourly basis. Such
disentitlement shall be calculated to the nearest five minutes.
6.12
Where a portion of a week is worked in a higher classification immediately following promotion,
payment for that portion shall be ascertained, on an hourly basis, by dividing the minimum rate of pay
applicable to the new classification by forty. Such entitlement shall be calculated to the nearest five
minutes.
6.13
In the event of the death of an employee, all monies due to the employee pursuant to the provisions of
this Award shall be paid to the employee's estate.
6.14
Payroll Deductions:
6.14.1
Except as provided for in 6.14.2, all salary deductions shall be made in accordance with
the Treasury Guidelines.
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6.14.2
6.15
8 July 2005
Upon application by an employee, the Department shall make deductions from the
employee's pay for Union subscriptions and shall forward the amount so deducted to the
Union as soon as possible thereafter.
Overpayments:
6.15.1
In cases where an employee has been overpaid, the Department shall be entitled to recover
such overpayment in full. Unless the employee agrees otherwise, the maximum rate at
which the overpayment can be recovered is an amount, calculated on a per fortnight basis,
equivalent to 10% of the employee's gross fortnightly pay.
6.15.2
In all cases where overpayments have occurred, the Department shall as soon as possible
advise the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The Department will also advise the employee of the pay period
from which the recovery of the overpayment is to commence.
The recovery rate of 10% of an employee's gross fortnightly pay referred to in subclause
6.15.1 may be reduced by approval of the Commissioner if the Commissioner is satisfied
that such a rate of recovery would cause undue hardship to the employee concerned.
6.15.3
6.15.4
Where an employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause 6.15.1, the
Department shall have the right to deduct any balance of such overpayment from monies
owing to the employee on the employee's date of termination, resignation or retirement, as
the case may be.
7. Higher Duties
7.1
An employee shall not be permitted to perform Higher Duties unless, firstly, the employee is qualified to
perform such duties and, secondly, where a rank or classification structure applies, the employee is at the
rank or classification immediately below the rank or classification in which the relief is to be performed.
7.2
An employee performing Higher Duties shall be paid, for the period of relief, the difference between the
employee's usual rate of pay and the minimum rate of pay for the classification in which the higher duties
are performed.
7.3
While a Senior Officer who relieves an Executive Officer shall be remunerated for the period of relief in
terms of subclause 7.2, such employee shall, with the exception of provisions relating to hours of work
and overtime, retain the conditions of employment applicable to a Senior Officer. In relation to hours of
work and excess hours such an employee shall, for the period of relief, be covered by Clause 42, Hours
of Work.
7.4
In selecting employees to perform Higher Duties the following procedures shall apply:
7.4.1 Where the period of relief is to be less than one month, a merit based selection process need not
be applied. However, the Department shall have regard to the principles of equitably sharing
career development opportunities.
7.4.2 Where the period of relief is one month or more and the need for the relief is known in advance,
expressions of interest shall be called for and selection made on the basis of merit.
7.4.3 Where the need for the relief is not known in advance, but it subsequently becomes known that
the duration of the relief is anticipated to be for two months or more, the initial appointment shall
be made in accordance with subclause 7.4.1. However, immediately following that initial
appointment expressions of interest are to be called for and selection made on the basis of merit.
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8 July 2005
7.4.4 Where the period of relief is anticipated to be for six months or more, expressions of interest shall
be called for and selection made on the basis of merit. Unless otherwise agreed between the
Department and the Union, the period of this relief shall be divided equally between the
successful applicants. Provided that in dividing the periods of this relief, the minimum period
shall be three months. For example, if the period of relief is eight months and five applicants are
found to be suitable, only the top two applicants would perform the relief and, in this case, for a
period of four months each.
7.4.5 For the purposes of this clause, merit shall be determined consistent with the principles and
processes underlying merit based selection in the NSW Public Service.
8. Hours of Work
8.1
8.2
The average ordinary working hours of employees shall be forty hours per week over the cycle of weeks
for which the rosters of ordinary hours of duty and leave operate. All rosters include, in addition to the
average forty ordinary hours per week, an average per week of; two hours of thirty-eight hour week leave
accrual which shall be accumulated and added to annual leave accrual, and taken in accordance with a
leave roster.
Arrangement of Rosters
8.2.1 Rosters shall be arranged, as far as practicable, to give employees at least fourteen days notice in
advance. Once a roster is drawn up it shall not be departed from except by agreement between the
Department and the Union or to meet an emergency due to sickness or other unexpected or
unavoidable cause.
8.2.2 Except as provided for in subclause 8.2.1, effective on and from the date of operation of this
Award, any change at any location from one roster system to another, or to a new roster system,
shall only be by agreement between the Department and the Union.
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8.3
8 July 2005
Standard 10\14 Roster System
Platoon
A
Hours
B
Hours
C
Hours
D
Hours
F
D
S
D
N
N
Platoon
A
Hours
B
Hours
C
Hours
D
Hours
F
S
N
1st Week
M
T
N
48
W
T
F
S
D
D
D
N
N
N
38
D
34
D
S
D
D
N
N
D
48
5th Week
M
T
D
34
D
D
N
48
N
N
48
S
D
N
W
D
T
N
F
N
S
S
D
D
N
N
34
D
48
N
48
T
D
F
S
D
D
N
N
3rd Week
M
T
D
N
48
N
N
48
S
D
W
N
T
F
S
D
D
D
N
N
N
38
D
N
N
D
D
4th Week
M
T
D
D
48
D
N
N
48
N
38
S
34
6th Week
M T
N
D
W
D
34
D
48
N
D
38
2nd Week
S
M T
D
N N
48
N
38
W
D
T
D
F
N
S
N
S
N
7th Week
M
T
N
D
N
D
D
38
D
N
34
D
48
N
48
T
N
D
D
W
T
D
D
N
N
34
W
T
D
F
D
D
N
N
S
N
38
D
W
N
N
8th Week
S
M T
N
38
N
D
D
34
D
48
N
48
D
N
8.3.1 The Standard 10/14 roster system is based on four platoons over an 8-week cycle.
8.3.2 The shifts within the Standard 10/14 roster cycle shall be as set out in the Table at subclause 8.3 where: D = 0800 hours to 1800 hours; and N = 1800 hours
to 0800 hours.
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8.4
8 July 2005
Back to Back Roster System
Platoon
E
Hours
F
Hours
Platoon
E
Hours
F
Hours
F
D
S
D
F
S
D
D
1st Week
S
M
T
D
D
48
D
36
5th Week
S
M
T
D
36
D
D
48
W
T
F
D
D
D
W
D
T
D
F
D
S
D
2nd Week
S M T
D D
D
48
W
T
F
S
D
D
D
D
3rd Week
S
M
T
D
D
D
48
W
D
T
F
S
S
D
D
D
D
4th Week
M
T
D
D
48
36
36
36
S
6th Week
S
M
T
7th Week
S
M
T
D
D
8th Week
S
M
T
D
36
D
D
48
36
D
48
W
D
T
D
F
D
S
D
D
D
36
D
48
D
W
T
D
F
D
S
D
D
W
D
T
D
W
T
D
D
W
D
T
D
D
D
W
D
T
D
D
D
8.4.1 The Back to Back roster is based on two platoons over an 8-week cycle.
8.4.2 The shifts within the Back-to-Back roster cycle shall be as set out in the Table at subclause 8.4 where: D = 0600 hours to 1800 hours.
8.5
Overlap Roster
Platoon
G
Hours
H
Hours
Platoon
G
Hours
H
Hours
F
D
F
D
S
S
S
1st Week
M
T
D
D
52.5
D
31.5
5th Week
S
M
T
D
D
52.5
D
31.5
W
D
T
D
F
D
D
D
W
D
T
D
F
D
D
D
S
S
2nd Week
S
M
T
D
31.5
D
D
52.5
6th Week
S
M
T
D
31.5
D
D
52.5
W
D
T
D
D
D
W
D
T
D
D
D
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F
D
F
D
S
S
S
3rd Week
M
T
D
D
52.5
D
31.5
7th Week
S
M
T
D
D
52.5
D
31.5
W
D
T
D
F
D
D
D
W
D
T
D
F
D
D
D
S
S
S
4th Week
M
T
D
31.5
D
D
52.5
8th Week
S
M
T
D
31.5
D
D
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
8.5.1 The Overlap roster system is based on two platoons over an 8-week cycle.
8.5.2 The shifts within the Overlap roster cycle shall be as set out in the Table at subclause 8.5 where:
D = 0700 hours to 1730 hours.
8.6
Special Roster System
8.6.1 The Special Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours, respectively and for
Friday 0800 hours to 1600 hours respectively.
8.7
Except for fire stations operating the Standard 10/14 roster system on the date of the making of this
Award, the roster prescribed in subclause 8.3 of this clause shall not apply to fire stations which the
Department determines shall be staffed by employees on a full-time basis for less than 168 hours per
week and by Retained Firefighters for the balance of the week where the ordinary hours not exceeding
40 per week shall be worked as directed by the Department from time to time.
8.8
The average ordinary working hours of employees holding the classification of Recruit Firefighter shall
be 40 hours per week. The rostered hours of work for Recruit Firefighters shall be arranged so that they
shall not accrue 38 hour leave. The hourly rate of pay of an employee holding the classification of
Recruit Firefighter shall be determined by dividing the weekly rate of pay for a Recruit Firefighter by 40.
8.9
Irrespective of which roster is for the time being applicable, the following general conditions shall apply:
8.9.1 In the event of an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if required, respond to the
incident. The off-going platoon shall remain on duty, if required, or until otherwise directed. Roll
calls shall be conducted by the station bell being rung two minutes before rostered time to change
shift.
8.9.2 The oncoming shift available in the station may attend roll call without any overtime penalty
being incurred, but on completion of the roll call and the Officer-in-Charge being satisfied that
there are adequate staff for the shift, the off-going shift shall then be dismissed.
8.9.3 No employee shall be charged with being absent from duty who misses the roll call at two
minutes in the time set for the change of shift, provided that the employee is on station premises
by the rostered time for the shift to commence. An employee retained beyond the ceasing time of
the shift shall be paid overtime.
8.9.4 If, when the oncoming platoon reports at a station at the time prescribed for the change of shift,
the other platoon is proceeding to or attending an incident or alarm, the oncoming platoon, if so
ordered, shall after roll call, proceed to the incident and the Officer or senior members of the
platoon shall report, without delay, the arrival of the platoon to the Officer-in-Charge of the
incident. The off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The Officer-in-Charge of the incident may, if in that Officer's judgment it is expedient, hold both
the oncoming and off-going platoons for duty at the incident. If the off-going platoon is not held
at the incident or is not detained at the incident for duty elsewhere, it shall report back to the
station and shall remain available until the other platoon returns or until otherwise directed, when
it shall be dismissed.
8.9.6 In the event of one or more members of the ongoing platoon being absent an equal number of
members in the platoon on duty shall be liable to be detained on duty until such time as they may
be relieved. Nothing herein contained shall be deemed to sanction an unauthorised absence or to
relieve the absent member from a liability to be charged with being absent without leave and dealt
with accordingly.
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8.10
The rosters provide for an amount of residual leave of 7.25 hours per annum, which is to be credited as
consolidated leave, on the anniversary of the employee's date of commencement of employment by the
Department notwithstanding the provisions of subclause 8.8.
8.11
No employee shall be permitted to work in excess of sixteen hours straight except in the case of a call to
an incident or other emergency circumstances.
9. Overtime
9.1
Overtime shall be paid for at the rate of time and one-half for the first two hours and at the rate of double
time thereafter, provided that an employee who is required to work overtime shall be entitled to payment
for at least 15 minutes of overtime on each occasion that the employee is called upon to work overtime.
9.2
For meal allowance entitlements where an employee works for more than two hours after the rostered
finishing time of the shift, see Clause 10, Meals and Refreshments.
9.3
When it is reasonably necessary for an employee who has returned to the station either before or after the
ceasing hour of the shift to clean up before leaving the station, and thereby justifiably leaves the station
after the ceasing hour, the time so reasonably and necessarily occupied beyond the ceasing hour shall be
paid for as overtime; provided, however, that on return to the station the employee draws the situation to
the attention of the Officer-in-Charge of the station and that during the next working shift applies in
writing for the overtime due under this subclause, specifying the grounds of the claim; provided, further,
that if an employee is prevented by duty or other reasonable cause from making the claim on the next
working shift the employee shall make the claim on the next ensuing working shift.
9.4
The hourly rate of pay for an employee for the purpose of this clause shall be ascertained by dividing the
appropriate weekly "rate of pay" for such employee by forty.
9.5
Recall to Incident
9.5.1 An employee who is off duty and who is called upon, pursuant to subclause 9.5.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two hours at overtime
rates.
9.5.2 Notwithstanding anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if called upon shall
report immediately for duty
9.5.3 An employee who is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited with consolidated
leave equal to the amount of time so worked.
9.5.4 For meal allowance entitlements when the employee remains on duty for a period of four hours or
more in connection with a recall pursuant to subclause 9.5.1, see Clause 10, Meals and
Refreshments.
9.6
Recall to Maintain Required Staffing Levels
9.6.1 An employee off duty who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal to four hours at
overtime rates.
9.7
Where an employee recalled pursuant to either subclauses 9.5.2 or 9.6.1:
9.7.1 Is required to transport the employee's gear from the station/location at which the gear is located
to another station/location in order to perform the duties of the recall, such employee shall be
paid the amount set at Item 23 of Table 3 of Part D, for the distance travelled on the forward
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journey between the two locations. In the event that the Department is unable to transport the
employee's gear back to the station/location at which the gear was located, the employee shall
also be entitled to be paid return kilometres equal to the forward journey. For the purpose of this
subclause "distance travelled" means the agreed distance or, if the distance is not covered by a
Matrix, the actual kilometres travelled.
9.7.2 Incurs a toll as a consequence of using a bridge, tunnel or motorway when travelling to perform
the recall, such employee shall be reimbursed for the cost of the toll.
9.8
On such nights as may be fixed by the Department or by the Commissioner on reasonable notice in the
circumstances not exceeding two nights in any week, an employee shall work such overtime as is
reasonably necessary for usual Brigade inspections, or for giving instructions to Retained Firefighters.
9.9
When overtime work is necessary it shall, except in the case of an emergency, be so arranged that
employees have at least eight consecutive hours off duty between the work of successive shifts. Where
an employee works so much overtime between the termination of the employee's ordinary work on any
day or shift, and the commencement of the employee's ordinary work on the next day or shift, that the
employee has not had at least eight consecutive hours off duty between these times, the employee shall
be released after completion of such overtime until the employee has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such absence.
9.9.1 If on the direction of the employee's authorised supervisor, such employee resumes or continues
work without having had such eight consecutive hours off duty, the employee shall be paid at the
rate of double time until the employee is released from duty for such period, and the employee
shall be entitled to be absent until the employee has had eight consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
9.9.2 Provided that while recalls shall be paid for at overtime rates in accordance with this Award,
where the actual total time worked on a recall or recalls is less than 3 hours it shall not count for
the purpose of determining whether an employee has had an eight hour break pursuant to this
subclause.
10. Meals and Refreshments
10.1
Attendance at an Incident
10.1.1
For the purposes of this clause, an "incident" also includes hazard reduction or any similar
situation where facilities comparable to those provided at fire stations are not available to
partake of a meal.
10.1.2
Where an employee attends an incident which extends for two hours or more;
10.1.3
10.2
10.1.2.1
In the GSA, Newcastle, Broken Hill, Gosford, Wyong and Wollongong Fire
Districts, refreshments shall be provided;
10.1.2.2
In all other Fire Districts, refreshments shall be provided as soon as possible
after two hours but no later than three hours.
Where such an incident extends for four hours or more, the employee shall be provided
with a substantial meal. After every subsequent four hours of attendance at such an
incident, a further substantial meal shall be provided.
Payment in Lieu of the Provision of Refreshments/Meals
10.2.1
Where refreshments are not provided in terms of subclause 10.1.2, an allowance set at
Item 6 of Table 3 of Part D, shall be paid.
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10.2.2
10.3
Where meals are not provided in terms of subclause 10.1.3, an allowance set at Item 5 of
Table 3 of Part D, shall be paid.
During Overtime
10.3.1
10.4
8 July 2005
An employee who works overtime which:
10.3.1.1
involves the attendance at an incident shall be provided with
refreshments/meals in terms of subclauses 10.1.2 and 10.1.3 or the payment
in lieu thereof as prescribed in subclause 10.2;
10.3.1.2
does not involve attendance at an incident and is not a recall for the purpose
of maintaining required staffing levels, shall, if such overtime extends for
more than two hours, be paid the allowance set out at Item 5 of Table 3 of
Part D. After every subsequent four hours of such overtime worked, an
allowance as set out at Item 6 of Table 3 of Part D, shall be paid.
Method of Payment and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1
The payments referred to in this clause shall, unless the Officer-in-Charge is not available
to make such payment, be made prior to or at the cessation of the shift or overtime as the
case may be. In cases where the Officer-in-Charge is not available to make payment, the
employee shall be paid at the earliest opportunity thereafter.
10.4.2
The allowances referred to in this clause shall be calculated as follows:10.4.2.1
The amount at Item 5 of Table 3 of Part D, is the average, rounded to the
nearest five cents, of the amounts prescribed for the overtime meal
allowances for breakfast, lunch and dinner at Item 19 of Table 1 Part B of
the Crown Employees (Public Service Conditions of Employment) Award
2002.
10.4.2.2
The amount in Item 6 of Table 3 is half, rounded to the nearest five cents, of
the amount in Item 5 of Table 3 of Part D.
10.4.2.3
The amounts specified in 10.4.2.1 and 10.4.2.2 shall be re-calculated, and
shall take effect from the same date, as any adjustments made to the
overtime meal allowances for breakfast, lunch and dinner allowances in the
Crown Employees (Public Service Conditions of Employment) Award 2002.
11. Transport
11.1
Where an employee has been rostered for duty and works from 0800 hours to 1800 hours and is retained
on overtime and ceases duty after 2000 hours and public transport or other normal means of transport is
not reasonably available, arrangements may be made by the Department to provide transport (by taxi or
otherwise) to ensure that the employee obtains reasonable transport home.
12. Relieving Provisions
12.1
The provisions of this clause shall only apply to:
12.1.1
Relieving Employees, as defined in Clause 4, when such employees work a rostered shift
at either the employee's base station/location or performs a relief duty at another
station/location; and
12.1.2
Other employees when such employees perform an "Outduty", as defined in Clause 4.
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12.2
Relieving Employees shall be assigned to a base station/location which, as far as is practicable having
regard to the Department's operational requirements, is in the employee's stated preferred Zone, or in the
Zone closest to the employee's residence.
12.3
Relieving Employees shall report for duty at their base station/location unless otherwise directed.
12.4
Except in the case of Inspectors and for relief duties performed outside the GSA, Newcastle, Gosford,
Wyong and Wollongong Fire Districts, Relieving Employees (or other employees pursuant to 12.1.2)
cannot be directed to perform relief duty outside the Fire District to which they are attached.
12.5
Notwithstanding the provisions of 12.4, any employee may elect to perform relief duty outside the Fire
District to which they are attached.
12.6
"Base rate" payment.
12.6.1
12.6.2
12.7
A "base rate" of an amount set at Item 7 of Table 3 of Part D shall be paid to:
12.6.1.1
a Relieving Employee for each rostered shift worked by the employee at the
employee's base station and, except as provided for by subclause 12.6.2 or
as otherwise provided by this Award, for each rostered shift on which the
employee performs a relief duty at another station/location.
12.6.1.2
other employees on each occasion, except as provided for by subclause
12.6.2 or as otherwise provided by this Award, when such employees
perform an outduty in terms of subclause 12.1.2.
Unless otherwise provided in this Award, the "base rate" payment prescribed in subclause
12.6.1 shall not be paid to either a Relieving Employee (or other employee pursuant to
12.1.2) in cases where the employee is compensated for excess travelling time and/or
payment for travel/accommodation expenses in accordance with the provisions of Clause
26, Travelling Compensation.
Unless specifically provided for elsewhere in this clause, when a Relieving Employee (or other employee
pursuant to 12.1.2) is required to perform relief duty on a rostered shift at another station/location:
12.7.1
included within a Matrix and for which an agreed distance therefore exists, the employee
shall be entitled to, in addition to the base rate, payment of the amount per kilometre set
out at Item 4 of Table 3 of Part D, for that agreed distance.
12.7.2
In situations not covered by subclause 12.7.1:
12.7.2.1
with prior notice, the employee shall be entitled to the base payment plus, if
applicable, payment of the amount per kilometre set out at Item 4 of Table 3
of Part D for any excess distance travelled. For the purposes of this
subclause, excess distance shall be any distance actually and reasonably
travelled by the employee to the relief station/location in excess of that
normally travelled by the employee to report for duty at the employee's base
station/location.
12.7.2.2
without prior notice, the employee shall be entitled to, in addition to the
base rate, payment of the amount per kilometre set out at Item 4 of Table 3
of Part D, for the distance actually travelled.
12.7.2.3
the provisions of 12.7.2.1 are to be read in conjunction with the provisions
of subclause 12.8.
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12.8
If, in a particular case, an employee considers that the presumed "no disadvantage" envisaged in the
provisions of 12.7.2.1 is in fact not the case, the employee may submit a claim for the total compensation
that the employee considers to be reasonable in the circumstances. All such claims must be supported
with written reasons.
12.9
For the purpose of this Clause, "distance" shall mean the agreed distance prescribed between two
stations/locations in the Matrices. If the distance between two stations/locations is not prescribed in those
Matrices, then "distance" shall mean the actual distance necessarily and reasonably travelled.
12.10 The parties acknowledge that the majority of the distances contained in the Matrices have been
calculated using an electronic measuring device. In the event that a discrepancy is identified, the distance
in question shall first be rechecked using the electronic measuring device. If the discrepancy still exists
then the distance in question shall be checked using, if practicable, a motor vehicle, and if not, some
other method agreed to by the Department and the Union.
12.10.1
If a distance in the Matrices is found to be incorrect, then a new agreed distance will be
determined. Any new distance and its effective date will be published in the next available
In Orders.
12.10.2
In cases where the corrected distance is more than that shown in the Matrices, it will take
effect from the beginning of the pay period in which the discrepancy was first notified in
writing by an employee.
12.10.3
In cases where the revised distance is less than that contained in the Matrices, the new
distance will operate prospectively from the beginning of the first pay period to commence
on or after the date that the new distance is published in In Orders.
12.11 Multiple Reliefs During a Rostered Shift.
12.11.1
Where a Relieving Employee (or other employee pursuant to 12.1.2) performs relief duties
during a rostered shift at more than one station/location, payment shall be made for
kilometres for the forward journey/journeys between the station at which duty commenced
and the subsequent station/s and between the station at which duty ceased and the station
at which duty commenced. Provided that this provision shall not reduce any entitlement
that the employee may have in relation to commencing duty at the station at which duty
commenced.
12.11.2
The provisions of 12.11.1 shall not apply in cases where the provisions of Clause 26,
Travelling Compensation, apply.
12.12 Provision of Transport
12.12.1
Where a Relieving Employee (or other employee pursuant to 12.1.2) is directed without
prior notice after the commencement of a rostered shift, to perform relief duty at another
station/location, the employee may request the provision of transport by the Department.
12.12.2
Where an employee requests the provision of transport in terms of 12.12.1, the employee
shall be entitled to the following provisions. Apart from these provisions, no other
provisions of this clause shall apply.
12.12.2.1
Payment of the base rate.
12.12.2.2
Except if the employee makes an election in terms of 12.12.2.3, the
employee shall be entitled to transport back to the station/location at which
duty commenced and to travelling time as prescribed in Clause 26,
Travelling Compensation, for the time actually taken, from the completion
of duty, to return to the station at which duty commenced.
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12.12.2.3
8 July 2005
Where an employee elects to return to the station/location after completion
of duty to the station at which duty commenced by the employee's own
means, the employee shall be entitled to be paid the amount prescribed at
Item 4 of Table 3 of Part D, for half the distance prescribed in the relevant
Matrix. If no distance is prescribed, the distance shall be the actual distance
necessarily and reasonably travelled by the employee to return to the station
at which duty commenced.
12.13 Where a Relieving Employee (or other employee pursuant to 12.1.2) incurs a toll as a consequence of
using a bridge, tunnel or motorway when travelling to perform a relief duty, such employee shall be
reimbursed for the cost of the toll.
12.14 A Relieving Employee (or other employee pursuant to 12.1.2), who is directed to perform a relief duty
on a rostered shift at a station/location which requires the employee to reside at a place other than the
employee's residence, shall be entitled to the relevant provisions of Clause 26, Travelling Compensation,
in lieu of the provisions of this clause.
12.15 Where a Relieving Employee (or other employee pursuant to 12.1.2) performs a relief at a
station/location which, under normal circumstances would not require the employee to reside at a place
other than the employee's residence, but because of special circumstances the employee is given
approval by the Department for accommodation in order to have sufficient rest before returning home,
the employee shall be entitled to the following:
12.15.1
Appropriate accommodation provided or arranged by the Department.
12.15.2
Retention of the Base Rate.
12.15.3
With the exception of travelling time and costs for travel, the relevant provisions of Clause
26, Travelling Compensation.
12.15.4
The amount set at Item 4 of Table 3 of Part D, as if the employee had not stayed in the
accommodation.
12.16 The base rate set at Item 7 and the kilometre rate set at Item 4 of Table 3 of Part D, are in compensation
for excess travelling time and the cost of excess travel to and from the station/locations at which relief
duties are performed on a rostered shift.
12.17 Performance of Outduties.
12.17.1
An employee cannot be directed to perform more than eight (8) outduties in any Calendar
year.
12.17.2
Notwithstanding the provisions of 12.17.1, an employee may elect to perform more than
eight (8) outduties in any Calendar year.
12.18 The provisions of this clause do not apply in cases where an employee acts up as an Executive Officer,
or where an employee, not being a Relieving Employee, acts up at the employee's base station/location.
12.19 Unless specifically provided for by this clause, the provisions of this clause and Clause 26, Travelling
Compensation, shall be mutually exclusive. That is, an employee who is entitled to make a claim, in
relation to a particular situation, under the provisions of Clause 26, Travelling Compensation, shall not
be entitled to make any claim under the provisions of this clause, or vice versa.
12.20 Where an employee is required to use the employee's private vehicle to perform a "Stand By", as defined
in Clause 4, Definitions, compensation shall only be in terms of subclause 6.6.2.
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13. Progression and Promotion Provisions
13.1
This clause prescribes:
13.1.1
progression and promotion provisions, and;
13.1.2
the constitution and operation of the Training Review Committee.
Progression and Promotion Provisions
13.2
All employees shall be required to satisfy and maintain the competencies specified, by the Commissioner
on the advice of the Training Review Committee, for the classification to which they are appointed.
Recruit Firefighter to Firefighter Level 1
13.3
Recruit Firefighters shall be on probation until they have progressed to Firefighter Level 1, or for a
period of six months, whichever is the lesser. Progression from Recruit Firefighter to Firefighter Level 1
shall be subject to the satisfactory completion of Certificate 2 (Firefighting Operations) undertaken at the
NSW Fire Brigades Training College.
Firefighter Level 1 to Qualified Firefighter
13.4
Progression to Firefighter Level 2, to Firefighter Level 3, to Firefighter Level 4 or to Qualified
Firefighter shall, in addition to the minimum periods of service required at subclause 13.5, be subject at
each classification to the satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for such progression.
13.5
Progression to Firefighter Level 2, to Firefighter Level 3, to Firefighter Level 4 or to Qualified
Firefighter, shall also be subject to the satisfactory completion of;
13.5.1
in the case of progression to Firefighter Level 2, twelve (12) months service from the date
of commencement as a Recruit Firefighter; or
13.5.2
in the case of progression to Firefighter Level 3, twenty four (24) months service from the
date of commencement as a Recruit Firefighter; or
13.5.3
in the case of progression to Firefighter Level 4, thirty six (36) months service from the
date of commencement as a Recruit Firefighter; or
13.5.4
in the case of progression to Qualified Firefighter, forty eight (48) months service from the
date of commencement as a Recruit Firefighter.
13.6.1
Progression to Qualified Firefighter is a mandatory achievement required for all
Firefighters. Failure to achieve progression to this classification within a reasonable time,
will result in the employee being considered unsuitable for continued employment in the
Department, and the employment of such an employee will be terminated accordingly. In
such circumstances, the Department will advise the Union that the services of the
employee are to be terminated.
13.6.2
For the purpose of subclause 13.6.1, "reasonable time" will mean a period in excess of the
minimum time required to achieve progression to the classification of Qualified
Firefighter. The excess time to be allowed shall be determined by the Commissioner after
taking into account all the circumstances of the case of the employee concerned.
13.6
Qualified Firefighter to Senior Firefighter
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13.7
8 July 2005
Progression from Qualified Firefighter to Senior Firefighter shall be subject to a minimum of two years
satisfactory service as a Qualified Firefighter and to satisfactory completion of the training and/or
training competencies specified, by the Commissioner on the advice of the Training Review Committee,
for progression to Senior Firefighter.
Senior Firefighter to Leading Firefighter
13.8
Progression from Senior Firefighter to Leading Firefighter shall be subject to: firstly; at least three years
service as a Senior Firefighter as of the date of the relevant Pre-Entry Test; secondly, the acquisition of
the necessary Station Officer competencies as agreed between the Department and the Union; and
thirdly, acceptance into the coming year’s Station Officers' Promotion Program.
13.8.1
Applications for entry into the coming year’s Station Officers' Promotion Program shall be
called for from eligible Senior Firefighters in In Orders in September each year. The
number of positions available in that coming year’s Station Officers' Promotion Program
shall be specified in the same In Orders, and will be solely dependent on the forward
planning needs of the Department.
13.8.2
The order of merit for entry into the Station Officers' Promotion Program shall be
determined by the level of achievement of applicants in an annual Pre-Entry Test, which
shall be held each November. This Pre-Entry Test shall consist of two components. The
first component shall be directed at assessing the current knowledge of the applicant. This
test shall be focussed on the knowledge that an eligible Senior Firefighter should
reasonably be expected to have after 9 years of service and shall comprise 70% of the total
score of the Pre-Entry Test (40% technical/general knowledge and 30% on incident
scenarios). The second component shall focus on the knowledge and understanding of
Station Officers' management and supervision issues. This component shall be conducted
by an independent party and shall be based on pre-reading supplied to the applicants. This
component shall comprise 30% of the total score of the annual Pre-Entry Test.
13.8.3
The successful applicants for a given year’s Station Officers' Promotion Program shall be
drawn from the top of the order of merit list referred to in subclause 13.8.2. The
Department shall accept and promote to Leading Firefighter the same number of those
applicants as there were positions advertised in accordance with subclause 13.8.1.
Leading Firefighter to Station Officer Level 1
13.9
Promotion from Leading Firefighter to Station Officer shall be subject to the occurrence of a vacancy
and in accordance with the following provisions:13.9.1
Subject to the provisions of 13.9.2, promotion to Station Officer Level 1 shall be subject
to the successful completion of the Station Officers’ Promotion Program, the content and
format of which shall be agreed between the Department and the Union. The order of
promotion of Leading Firefighters who successfully complete the Station Officers’
Promotion Program shall be determined by their placement on the order of merit list
arising from assessments forming part of that Station Officers’ Promotion Program.
13.9.2
Leading Firefighters who do not successfully complete their initial Station Officers'
Promotion Program shall gain automatic entry to the next subsequent Program and,
provided this second Program is successfully completed, such employees shall take
precedence in the order of promotion of that Program’s successful participants. If a
Leading Firefighter does not successfully complete the Station Officers' Promotion
Program upon this second attempt then that employee will be returned to the classification
of Senior Firefighter.
Station Officer Level 1 to Station Officer Level 2
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13.10 Progression from Station Officer Level 1 to Station Officer Level 2 shall be subject to the completion of
two years satisfactory service as a Station Officer.
Station Officer Level 2 to Inspector
13.11 Promotion from Station Officer Level 2 to Inspector shall be subject to the occurrence of a vacancy and
the successful completion of the Inspectors’ Promotion Program, the content and format of which shall
be agreed between the Department and the Union.
13.11.1
Applications for entry into each Inspectors’ Promotion Program shall be called for from
Station Officers Level 2 in In Orders. The number of positions available in each
Inspectors’ Promotion Program shall be specified in the same In Orders, and will be solely
dependent on the forward planning needs of the Department.
13.11.2
The order of merit for entry into each Inspectors’ Promotion Program shall be determined
by the level of achievement of applicants in a Pre-Entry Test, the content and format of
which shall be agreed between the Department and the Union.
13.11.3
Subject to the provisions of subclause 13.11.4, the successful applicants for each
Inspectors’ Promotion Program shall be drawn from the top of the order of merit list
referred to in subclause 13.11.2. The Department shall accept the same number of those
applicants to the Inspectors’ Promotion Program as there were positions advertised in
accordance with subclause 13.11.1. The order of promotion of Station Officers Level 2
who successfully complete the Inspectors’ Promotion Program shall be determined by
their placement on the order of merit list arising from assessments forming part of the
Inspectors’ Promotion Program.
13.11.4
Station Officers Level 2 who do not successfully complete their initial Inspectors’
Promotion Program shall gain automatic entry to one further Inspectors’ Promotion
Program and, provided this second Program is successfully completed, such employees
shall take precedence in the order of promotion of that Program’s successful participants.
If a Station Officer Level 2 does not successfully complete the Inspectors’ Promotion
Program upon this second attempt then that employee will be required to undertake the Pre
Entry Test as described in sub clause 13.11.2.
Inspector to Executive Officer
13.12 Promotion from Inspector to Chief Superintendent Level 2 or Chief Superintendent Level 1 or
Superintendent shall be in accordance with the provisions of Clause 43 of this Award.
General Provisions
13.13 While the progression/promotion provisions specified in this clause refer to minimum periods of service
as one of the requirements for such progression/ promotion, the Department and the Union acknowledge
and accept that:
13.13.1
as the competency standards/levels required by the NSW Fire Brigades are determined and
established for each classification, the requirement for minimum periods of service may,
by agreement between the Department and the Union in each case, no longer apply.
13.13.2
the competency standards/levels required by the NSW Fire Brigades for each classification
shall be those as determined from time to time by the Commissioner based on the advice
of the Training Review Committee.
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13.14 In all cases, progression/promotion shall, in addition to the provisions specified for such
progression/promotion, also be subject to satisfactory service.
Training Review Committee (TRC)
13.15 The TRC shall develop and implement an effective and equitable system of training in the NSW Fire
Brigades using the principles of Competency Based Training.
13.16 The structure of the TRC will consist of 3 representatives of the Department and 3 representatives of the
Union.
13.17 The Chairperson of the Committee will alternate every 12 months between a nominee of the Department
and the Union.
13.18 The role of the TRC will include (but not be limited to):
13.18.1
the further development of training throughout the NSW Fire Brigades;
13.18.2
overseeing the implementation of an agreed Competency Based Training regime
throughout the NSW Fire Brigades;
13.18.3
acting as a reference point for all "disputes" relating to training in the NSW Fire Brigades;
and
13.18.4
considering Recognised Prior Learning (RPL) policy generally and in particular, the
consideration of individual applications for RPL.
13.19 Procedure
13.19.1
The TRC will meet at least once every four weeks;
13.19.2
Members who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency circumstances, for the
purposes of fulfilling the above roles;
13.19.3
The TRC will be adequately resourced by the Department so that it can effectively fulfil
the above roles.
14. Operational Support Positions
Establishment of Operational Support Positions
14.1
Operational Support positions shall be identified and established as such by agreement between the
Department and the Union as evidenced by a Position Description for each such Operational Support
position which has been countersigned by duly authorised representatives of both parties.
14.2
The format and content of each Position Description referred to in subclause 14.3 shall be that as agreed
between the Department and the Union, but shall include the position’s:
14.2.1
Title;
14.2.2
Statement of duties;
14.2.3
Essential and desirable qualifications, which shall in all instances include a minimum
operational rank of Qualified Firefighter;
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14.2.4
Hours of work, specifying in the case of Operational Support positions Levels 1 to 3
inclusive which roster is to be worked pursuant to Clause 8 of this Award; and
14.2.5
Operational Support classification, ranging from Level 1 to Level 5, which shall be
determined by agreement between the parties using the Hay job evaluation system.
A register of agreed and established Operational Support Position Descriptions shall be maintained by
both parties. Once established, Position Descriptions shall not be varied except by agreement between
the Department and the Union.
General Conditions for Operational Support Positions
14.4
Appointment to Operational Support positions will be determined solely on the basis of competitive
merit selection and will be subject to the occurrence of a vacancy. Selection Committees shall be
constituted in accordance with the Recruitment and Employment Guidelines of the NSW Public Service.
14.5
The rates of pay for employees occupying Operational Support positions are as specified in Tables 2.1 to
2.3 of Part D, Monetary Rates.
14.6
Unless expressly provided elsewhere within this Award, the general conditions of employment for
occupants of Operational Support positions at Levels 1 to 3 inclusive shall be the same as those applying
to Operational Firefighters generally pursuant to subclauses 1.5 and 1.6 of this Award.
14.7
Unless expressly provided elsewhere within this Award, the general conditions of employment for
occupants of Operational Support positions at Levels 4 and 5 shall be the same as those applying to
Executive Officers generally pursuant to subclauses 1.5 and 1.6 of this Award.
14.8
Unless an occupant of an Operational Support position is temporarily reassigned to spend a minimum of
2 months in every calendar year performing the firefighting duties associated with their substantive rank,
any time spent occupying such a position shall not count towards the minimum period of service which
may be required for progression/promotion under Clause 13. Such temporary reassignments will be in
minimum blocks of 1 month and will require occupants holding the substantive rank of Qualified
Firefighter to Station Officer Level 2 (inclusive) to be attached to a fire station. Occupants holding the
substantive rank of Inspector will be required to fulfil an agreed operational role for that period.
14.9
Occupants of Operational Support positions temporarily reassigned pursuant to sub clause 14.8 or
otherwise attending any incident (as defined by this Award) shall revert to, and function in the capacity
of their substantive operational rank for the duration of that time.
14.10 Occupants of Operational Support positions may at any time elect to resume duty in, and be paid the rate
for, the employees' substantive rank.
15. Training and Staff Development
15.1
Employees covered by this Award will complete appropriate training, as agreed between the Department
and the Union from time to time, to improve the productivity and efficiency of the Department's
operations.
15.2
The appropriate competencies based on relevant skills and qualifications requirements as agreed between
the Department and the Union for each classification level, shall be progressively implemented and shall
be subject to an ongoing process of review and evaluation.
15.3
Upon request, the Department will consider an application by an employee to attend a course which is
appropriate, relevant and recognised by the Department but is not essential for promotion. If approval is
granted by the Department for the employee to attend such a course, the employee shall be entitled to the
provisions of Clause 16 of this Award.
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16. Training Course Attendance Entitlements
16.1
The provisions of this Clause shall apply to employees who participate, with Departmental approval, in
training programs, examinations or assessments conducted by, on behalf of, or approved by the
Department. For the purposes of this Clause, references to "training" or "course" shall be taken to
include such examinations or assessments.
16.2
Accommodation
16.3
16.2.1
The Commissioner (or delegate) shall approve appropriate accommodation for an
employee, if it can be demonstrated that an unreasonable amount of travelling time and/or
distance is involved when travelling to and from the employee's residence to the training
venue.
16.2.2
Where an employee attends a course within the Greater Sydney Area (GSA), and if the
travelling time to and from the training venue exceeds two (2) hours each way (by the
approved mode of transport) or if the return distance from the employee's residence to the
training venue exceeds 175 kms, the employee shall be entitled to appropriate
accommodation.
16.2.3
Where Departmental accommodation is not provided to an employee with an entitlement
to accommodation, the relevant accommodation allowance prescribed by Clause 26,
Travelling Compensation shall be paid.
16.2.4
Where it is not possible for an employee to travel to the training venue on the first day of
the course or where the travelling time would be unreasonable to travel on the first day of
the course, the employee shall be entitled to appropriate accommodation on the evening
prior to the start of the course. If it is not possible for an employee to travel from the
training venue to his or her residence at the conclusion of the course or if the travelling
time would be unreasonable, the employee shall be entitled to appropriate accommodation
on the evening of the last day of the course. Approval must be obtained from the
Commissioner (or delegate) prior to bookings being made.
16.2.5
Appropriate accommodation for employees who attend courses outside the GSA shall be
determined by the Commissioner (or delegate) having regard to the above criteria.
16.2.6
Where the training program requires evening attendance the employee shall be granted
appropriate accommodation irrespective of the employee's work location or residential
address.
16.2.7
Notwithstanding the above, any employee who considers that these criteria would cause
undue hardship etc. may make application for special consideration. All such applications
will be considered on their individual merits according to the program content and the
starting and completion times, on a daily basis.
Meals
16.3.1
Excluding the Recruit Firefighters Program and Departmental training programs/courses
which are conducted at Departmental premises which have meal room facilities
comparable to those provided at fire stations, all employees attending training programs
which extend for a whole day shall be provided with morning/afternoon tea and lunch.
16.3.2
Where employees have been granted approval for overnight accommodation and when
such accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with Clause 26, Travelling Compensation.
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16.4
16.5
16.6
16.7
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16.3.3
Employees who are not required to accommodate themselves overnight shall, where
appropriate, be paid the relevant meal allowances prescribed by Clause 26, Travelling
Compensation.
16.3.4
Meal allowances are not payable during times at which an accommodation allowance (as
prescribed in subclause 16.2.3 above) has been claimed. A component of the
accommodation allowance compensates for the costs associated with breakfast, lunch and
evening meals.
Incidentals
16.4.1
Employees who are provided with Departmental accommodation shall be entitled to claim
the appropriate incidentals allowance as prescribed by Clause 26, Travelling
Compensation.
16.4.2
The incidental allowance cannot be claimed for any day during which an accommodation
allowance referred to in subclause 16.2.3 above is paid. The incidental allowance forms a
component of the accommodation allowance and, amongst other things, recognises the
cost associated with personal telephone calls, etc.
Excess Fares
16.5.1
Any employee who incurs additional transport costs while travelling to and from the
training venue shall be entitled to have the additional expenses reimbursed. The additional
expenses will be calculated on the basis of public transport costs.
16.5.2
Where an employee is granted approval to utilise the employee's private vehicle in lieu of
public transport, the appropriate specified journey rate, set at Item 1 of Table 4 of Part D,
shall be paid in respect of the kilometres travelled in excess of the employee's normal
journey to and from work.
16.5.3
Where a first class rail service (or its equivalent) is reasonably available, an employee may
utilise this service and be reimbursed for the cost of the fare.
Excess Travelling Time
16.6.1
Employees without an accommodation entitlement shall be entitled to compensation for
excess travelling time for each day of the course.
16.6.2
Employees who accept accommodation shall be entitled to compensation for excess
travelling time in respect of the first forward journey to and the last journey from the
course venue. Where the course extends beyond one (1) week, employees who return to
their residences on weekends shall be entitled to excess travelling time and excess fares for
the additional forward and return journeys.
16.6.3
Unless special circumstances exist, employees who have an accommodation entitlement,
but who decline accommodation, shall only be entitled to compensation for excess
travelling time in respect of the first forward journey to and the last journey from the
training venue.
16.6.4
Compensation shall be in accordance with Clause 26, Travelling Compensation.
Mode of Transport
16.7.1
Employees shall be advised of the approved transport arrangements prior to the
commencement of the training program. Such approval shall be based on the most
practical and economic means of transport having regard to the entitlements contained in
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this clause, provided that an employee cannot be directed by the Department to use the
employee's private vehicle.
16.7.2
16.7.3
16.8
16.9
Any employee who wishes to use alternative means of transport may only do so with the
approval of the Commissioner (or delegate). Such approval must be obtained before travel
commences.
If approval is granted to travel by an alternative means of transport any entitlements shall
be based on the arrangements approved under subclause 16.7.1.
Relieving Allowances and Other Allowances
16.8.1
Attendance at a training program does not in itself attract the payment of relieving
allowances. However, any employee in receipt of relieving allowances or other allowances
relating to qualifications or work performed at the time the program commences, shall
continue to be paid the allowances which would normally be paid. Provided that such
allowances shall only be paid for those days on which the employee would normally have
been rostered for duty.
16.8.2
Relieving employees shall not be paid any additional relieving allowances as a
consequence of undertaking a training program.
Kilometre Allowance
16.9.1
The kilometre allowance prescribed by Clause 12, Relieving Provisions, is not payable to
employees when they attend a training program.
16.9.2
The provisions of subclause 16.5.2 above shall apply to any employee who is granted
approval to utilise his or her private vehicle for transport to and from the training venue.
16.10 Attendance at Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1
Where an employee elects to attend a course whilst on annual leave or long service leave,
he or she may choose to either be re-credited with the appropriate leave or be credited with
consolidated leave for the hours spent attending the training course. Where an employee
elects to attend a course whilst rostered off duty, he or she shall be entitled to consolidated
leave for the hours spent attending the course. All travelling time shall be compensated in
accordance with Clause 26, Travelling Compensation.
16.10.2
If an employee is required to attend a course whilst rostered off duty, he or she may
choose to either be paid at overtime rates or be credited with consolidated leave calculated
at overtime rates for the hours spent attending the course.
16.10.3
All travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation.
16.11 Stand Off
16.11.1
Where an employee is required by the Department to attend a course, any necessary stand
off period shall be granted.
16.12 Payments in Advance
16.12.1
Employees attending a training course may, where reasonable and appropriate, elect to be
advanced the following payments:accommodation allowance (subclause 16.2.3)
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meal allowances (subclause 16.3.3)
incidental allowances (subclause 16.4.1)
16.12.2
16.12.3
The advice to employees of course arrangements shall be conveyed by letter and include
details of the Centre at which claims for advance payments should be submitted.
Miscellaneous Vouchers must be completed for this purpose attached to which should be a
copy of the relevant approval.
Accommodation allowances are only payable when approval is given for an employee to
make his or her own accommodation arrangements.
17. Annual Leave
17.1
Annual leave to the extent of thirty-five consecutive days on full pay shall accrue to each employee in
respect of each completed year of service and shall be taken in accordance with the leave roster.
17.2
Where the commencing date of the rostered period of annual leave occurs whilst an employee is on sick
leave and does not return to duty within seven days of such date, the employee concerned shall be
entitled to elect whether to proceed immediately on annual leave or to commence annual leave on one of
the next six succeeding Fridays.
17.3
Employees shall be entitled to sixteen working hours annual leave, to be credited as consolidated leave,
in addition to the period of annual leave prescribed by subclause 17.1, provided that:
17.3.1
Employees who were members of the service as at 30 November 1975, shall become
entitled to such additional leave on each anniversary of their appointment to the service
which occurs after 30 November 1975.
17.3.2
Employees who joined the service after 30 November 1975, shall become entitled to such
additional leave on each anniversary of their appointment to the service.
Employees Stationed at Broken Hill or Moree
17.4
Employees stationed at Broken Hill or Moree shall, in addition to the period of additional annual leave
prescribed by subclause 17.3, be allowed sixteen working hours additional leave of absence, provided
that proof of travelling time is furnished to the Department, and provided further that:
17.4.1
17.5
Employees stationed at Broken Hill after 30 November 1975, and who proceed on annual
leave whilst so stationed shall become entitled to such additional leave allowance on each
anniversary of their appointment to the service which occurs after 30 November 1975. In
the case of employees stationed at Moree, such entitlement shall commence from the date
of commencement of this Award.
Further to the provisions of subclause 17.4:
17.5.1
As a matter of practicality in the case of Broken Hill and Moree, because annual leave is
not taken on an annual basis, the sixteen working hours per annum should be further
converted to fourteen hours in respect of each period of annual leave so actually taken.
17.5.2
If a working night shift occurs on the roster immediately before or immediately after the
period of four weeks' leave rostered to be taken, or both before and after such period, such
night shift, or one of such night shifts at the employee's option may be taken off duty.
17.5.3
If, however, no night shift so occurs, but day shifts fall as the working shifts immediately
before and after the rostered annual leave period, the employee should be allowed,
optionally, to take off either one or both day shifts.
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If the employee elects to take off one day shift, that will be credited with four hours'
accrued annual leave, and if the employee elects to take two day shifts, accrued annual
leave will be reduced by six hours.
17.6
The taking of annual leave is subject to Departmental requirements and, when unforeseen circumstances
arise, may be rescheduled by authority of the Commissioner.
17.7
In the event of the termination of the employment of any employee for any cause with less than twelve
months' service from the date of the last leave accrued, the employee shall be paid pro rata for leave for
each month of service.
17.8
Where application is made by an employee in writing to the Commissioner that, by reasons of special
circumstances, which shall be specified, the Commissioner may authorise, in writing, the taking of
annual leave at some other time to be determined by the Commissioner for the purpose of this Award,
such leave shall be deemed to have been taken in accordance with the leave roster.
17.9
Prior to an employee entering upon a period of annual leave, the employee may elect to be paid with
respect of the period of leave in one of the following ways:
17.9.1
in full when the employee commences the period of leave; or
17.9.2
at the same time as the employee’s normal pay would have been paid if the worker had
remained on duty.
18. Compassionate Leave
18.1
In no way restricting the right of the Commissioner to approve leave for compassionate reasons in other
circumstances, an employee other than a casual employee, shall be entitled to up to two shifts (or two
days in the case of day workers) compassionate leave without deduction of pay, up to and including the
day of the funeral, on each occasion of the death of a person as prescribed in subclause 18.3 of this
clause.
18.2
The employee must notify the employer as soon as practicable of the intention to take compassionate
leave and will, if requested by the employer, provide to the satisfaction of the employer proof of death.
18.3
Compassionate leave shall be available to the employee in respect to the death of a person prescribed for
the purposes of personal/carer's leave as set out in subparagraph 22.1.3.2 of paragraph 22.1.3 of
subclause 22.1 of clause 22, Personal/Carer's Leave, provided that, for the purpose of compassionate
leave, the employee need not have been responsible for the care of the person concerned.
18.4
An employee shall not be entitled to compassionate leave under this clause during any period in respect
of which the employee has been granted other leave.
18.5
Compassionate leave may be taken in conjunction with other leave available under subclauses 22.2,
22.3, 22.4 and 22.5 of the said clause 22. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable operational requirements of the
Department.
19. Examination and Assessment Leave
19.1
Except as agreed between the Department and the Union, all examinations and/or assessments required
for progression or promotion shall be arranged so that they take place when the employee is normally
rostered for duty on day shift.
19.2
Where the Department is unable to make the necessary arrangements for an employee to sit an
examination/assessment on shift as per subclause 19.1 within two months from the date the employee
makes application for assessment, the employee may make arrangements to sit the
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examination/assessment externally. In such cases, employees shall be entitled to the conditions provided
for by Clause 16, Training Course Attendance Entitlements, of this Award. The Department shall notify
the employee as early as practicable of its inability to make such necessary arrangements.
19.3
An employee sitting for an examination or assessment as per sub clause 19.1 shall be granted, prior to
the examination or assessment, such paid leave as might reasonably be necessary for attendance at the
examination or assessment, including travel.
20. Long Service Leave
20.1
Subject also to the provisions of subclause 20.8, Long Service Leave calculated from the date of
appointment to the service shall accrue to employees in accordance with the following entitlements:
20.1.1
After service for ten years, leave for two months on full pay or four months on half pay.
20.1.2
After service in excess of ten years:
(a)
Leave pursuant to subclause 20.1.1; and
(b)
In addition, an amount of leave proportionate to the length of service after
ten years, calculated on the basis of five months on full pay or ten months on
half pay, for ten years served after service for ten years.
(c)
Long Service Leave shall not include annual leave.
20.2
Where the services of an employee with at least five years but less than seven years service are
terminated by the Department for any reason other than the employee's serious and wilful misconduct, or
by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of
the death of the employee, the employee shall, for five years' service be entitled to one month's leave on
full pay and for service after five years to a proportionate amount of leave on full pay calculated on the
basis of three months' leave for fifteen years' service.
20.3
In the event of the termination of the employment of the employee other than by death, the monetary
value of Long Service Leave due, if any, shall be paid to such employee.
20.4
20.4.1
Approval to take Long Service Leave as provided by this clause shall, subject to the
exigencies of the Department, be granted by the Department as and when such leave
becomes due (i.e. after seven years) or any time thereafter. Provided that an employee
shall give notice, in writing, to the Department of the employee's intention to take such
leave. Such notice shall be given at least sixty days before the date on which the employee
intends to commence such leave.
20.4.2
Notwithstanding the provisions of subclause 20.4.1, the period of notice referred to in
subclause 20.4.1 may be reduced on a case by case basis, subject to the discretion of the
Commissioner.
20.5
Approval to take Long Service Leave may be deferred by the Commissioner due to Departmental
requirements.
20.6
Long Service Leave may be taken in the following combinations and not otherwise:
20.6.1
In the case of employees working the roster systems prescribed by subclauses 8.3 and 8.4
of Clause 8, Hours of Work, in multiples of eight consecutive calendar days with a
minimum period of eight consecutive calendar days.
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8 July 2005
20.6.2
In the case of employees working the roster systems prescribed by subclauses 8.5 and 8.6
of Clause 8, Hours of Work, or any other roster system agreed to between the Department
and the Union based on a seven day cycle, in multiples of seven consecutive calendar days
with a minimum period of seven consecutive calendar days.
20.6.3
Where approval is granted to take Long Service Leave on half pay the multiples and
minimum periods specified in subclauses 20.6.1 and 20.6.2 shall be doubled.
Prior to an employee entering upon a period of Long Service Leave, the employee may elect to be paid
with respect of the period of leave in one of the following ways:
20.7.1
in full when the employee commences the period of leave; or
at the same time as the employee’s normal pay would have been paid if the worker had
remained on duty.
20.8
Notwithstanding anything elsewhere provided by this clause, effective on and from the date of operation
of this Award:
20.8.1
employees may apply to take pro-rata Long Service leave after the completion of seven (7)
years of service. Additionally employees with such service shall be entitled to pro-rata
Long Service leave on resignation or termination.
20.8.2
employees may apply to take a period of Long Service leave at double pay provided that:
20.8.3
20.8.2.1
The additional payment will be made as a non-superable taxable allowance
payable for the period of the absence from work.
20.8.2.2
The employee's leave balance will be debited for the actual period of the
absence from work and an equivalent number of days as are necessary to
pay the allowance.
20.8.2.3
Other leave entitlements, e.g., recreation leave, sick leave and Long Service
leave will accrue at the single time rate where an employee takes Long
Service leave at double time.
20.8.2.4
Superannuation contributions will only be made on the basis of the actual
absence from work, i.e., at the single time rate.
20.8.2.5
Where an employee elects to take Long Service leave at double pay, the
minimum & multiple periods of actual absence as prescribed in 20.6 shall
apply.
where a public holiday falls during a period of Long Service leave the employee shall be
paid for that day and additionally it shall not be deducted from the period of the leave.
20.8.3.1
In respect of public holidays that fall during a period of double pay Long
Service leave an employee will not be debited in respect of the leave on a
public holiday. The employees leave balance will however be reduced by
an additional day to fund the non-superable taxable allowance.
21. Parental Leave
21.1
Definition of Parental Leave
21.1.1
For the purposes of this clause, parental leave is maternity leave, paternity leave or
adoption leave.
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21.1.2
Maternity leave is taken by a female employee in connection with the pregnancy or the
birth of a child of the employee. Maternity leave consists of an unbroken period of leave.
21.1.3
Paternity leave is leave taken by a male employee who becomes a parent but is ineligible
to be granted either maternity leave or adoption leave but is to be the primary care giver of
a child or who wishes to share the child caring duties with their partner.
21.1.4
Adoption leave is leave taken by a female or male employee in connection with the
adoption by the employee of a child under the age of five (5) years (other than a child who
has previously lived continuously with the employee for a period of at least six (6) months
or who is a child or step-child of the employee or of the employee's spouse).
21.1.5
For the purposes of this clause, "spouse" includes a de facto spouse and a former spouse.
Entitlement to Parental Leave
21.2.1
An employee is entitled to parental leave, as provided by this clause, in connection with
the birth or adoption of a child.
21.2.2
Maternity Leave - all female employees who do not have the necessary service as
prescribed in subclause 21.3.1 for paid Maternity Leave, shall be entitled to unpaid
maternity leave of up to fourteen (14) weeks before the expected date of birth of the child.
21.2.3
Paid Maternity Leave may be granted to a female employee subject to the following
conditions 21.2.3.1
The female employee has applied for Maternity Leave within such time and
in such manner as herein set out; and
21.2.3.2
Before the expected date of birth has completed not less than forty (40)
weeks' continuous service. Paid Maternity Leave shall be for a period of
fourteen (14) weeks at full pay or twenty-eight (28) weeks at half pay from
the date Maternity Leave commences.
In addition to the unpaid or paid Maternity leave referred to in 21.2.2 &
21.2.3.2 respectively, all female employees shall be entitled to a further
period of unpaid Maternity leave, provided that the total period of absence
on Maternity leave shall not exceed sixty-one (61) weeks.
The period over which Annual and/or Long Service Leave combined with
unpaid Maternity Leave, shall not exceed a total period of two years from
the date of birth of the child.
21.2.4
Short Adoption Leave is an unbroken period of fourteen (14) weeks of unpaid leave, taken
by an employee who does not have the necessary service for paid Adoption Leave as
prescribed in subclause 21.3.1, from the time of placement of the child.
21.2.5
Paid Adoption Leave may be granted to an employee adopting a child subject to the
following conditions:
21.2.5.1
The employee has applied for Adoption Leave within such time and in such
manner as herein set out; and
21.2.5.2
Before the commencement of Adoption Leave the employee has completed
not less than forty (40) weeks' continuous service.
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21.2.5.3
8 July 2005
The employee is to be the primary care giver of the child.
Paid Adoption Leave shall be for a period of fourteen (14) weeks at full pay
or twenty-eight (28) weeks at half pay of Adoption Leave or the period of
Adoption Leave taken, whichever is the lesser period.
In addition to the unpaid or paid Adoption leave referred to in 21.2.4 &
21.2.5 of this subclause respectively, all employees shall be entitled to a
further period of unpaid Adoption leave, provided that the total period of
absence on Adoption leave shall not exceed sixty-one (61) weeks.
21.2.6
Paternity Leave is a period of up to a maximum of fifty-two (52) weeks of either unpaid or
a combination of paid and unpaid parental leave taken from the date of birth of the child,
or other termination of the pregnancy. Application for such leave must be made within
such time and in such manner as herein set out. Paternity leave shall consist of 21.2.6.1
an unbroken period of up to one (1) week unpaid leave (short paternity
leave) at the time of the birth of the child, or other termination of the
pregnancy
an unbroken period of up to one (1) week on full pay or two (2) weeks on
half pay at the time of the birth of the child, or other termination of the
pregnancy provided that at such time the employee has completed not less
than forty (40) weeks continuous service
21.2.6.2
21.2.7
21.3
In addition to the unpaid or paid Paternity leave referred to in 21.2.6.1, all
male employees shall be entitled to a further period of unpaid Paternity
leave in order to be the primary care-giver of the child (extended paternity
leave), provided that the total period of absence on Paternity leave shall not
exceed fifty-two (52) weeks.
Except as provided for in subclause 21.2.3 and 21.2.5, Parental Leave shall not extend
beyond a period of 1 year after the child was born or adopted.
Length of service for eligibility
21.3.1
A female employee is entitled to paid maternity leave or, in the case of both male and
female employees, paid adoption leave only if the employee has had at least 40 weeks'
continuous service.
21.3.2
There is no minimum period of employment for eligibility for unpaid parental leave.
21.3.3
Continuous service is service under one or more unbroken contracts of employment,
including:
21.3.3.1
any period of authorised leave or absence, and
21.3.3.2
any period of part-time work.
21.3.3.3
full or part time service within the Public Service or within a Public Sector
organisation listed in the schedules attached to the Transferred Officers
Extended Leave Act 1961 and in appendices A and B contained in the
Personnel Handbook published by the PEO.
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21.4
8 July 2005
Notices and Documents required to be given to Commissioner
21.4.1
Maternity leave
The notices and documents to be given to the Commissioner for the purposes of taking
maternity leave are as follows:
21.4.2
21.4.1.1
The female employee should give at least 8 weeks' written or oral notice of
the intention to take the leave (unless it is not reasonably practicable to do
so in the circumstances),
21.4.1.2
The female employee must, at least 4 weeks before proceeding on leave,
give written notice of the dates on which the employee proposes to start and
end the period of leave,
21.4.1.3
The female employee must, before the start of leave, provide a certificate
from a medical practitioner confirming that the employee is pregnant and the
expected date of birth.
Paternity leave
The notices and documents to be given to the Commissioner for the purposes of taking
paternity leave are as follows:
21.4.3
21.4.2.1
In the case of extended paternity leave, the employee should give at least 10
weeks written or oral notice of the intention to take the leave (unless it is not
reasonably practicable to do so in the circumstances),
21.4.2.2
The employee must, at least 4 weeks before proceeding on leave, give notice
of the dates on which the employee proposes to start and end the period of
leave,
21.4.2.3
The employee must, before the start of leave, provide a certificate from a
medical practitioner confirming that the employee's spouse is pregnant and
the expected date of birth,
21.4.2.4
In the case of extended paternity leave, the employee must, before the start
of leave, provide a statutory declaration by the employee stating:
21.4.2.4.1
any period of maternity leave sought or taken by his spouse,
and
21.4.2.4.2
that he is seeking that period of extended paternity leave to
become the primary care-giver of a child.
Adoption leave
The notices and documents to be given to the Commissioner for the purposes of taking
adoption leave are as follows:
21.4.3.1
In the case of extended adoption leave, the employee should give written or
oral notice of any approval or other decision to adopt a child at least 10
weeks before the expected date of placement (unless it is not reasonably
practicable to do so in the circumstances),
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21.4.4
8 July 2005
21.4.3.2
The employee must give written notice of the dates on which the employee
proposes to start and end the period of leave, as soon as practicable after the
employee is notified of the expected date of placement of the child but at
least 14 days before proceeding on leave,
21.4.3.3
The employee must, before the start of leave, provide a statement from an
adoption agency or another appropriate body of the expected date of
placement of the child with the employee for adoption purposes,
21.4.3.4
In the case of extended adoption leave, the employee must, before the start
of leave, provide a statutory declaration by the employee stating:
21.4.3.4.1
any period of adoption leave sought or taken by his or her
spouse, and
21.4.3.4.2
that the employee is seeking that period of extended adoption
leave to become the primary care-giver of a child.
An employee does not fail to comply with this clause if the failure was caused by:
21.4.4.1
the child being born (or the pregnancy otherwise terminating) before the
expected date of birth, or
21.4.4.2
the child being placed for adoption before the expected date of placement,
or
21.4.4.3
other compelling circumstances.
In the case of the birth of a living child, notice of the period of leave is to be
given within two (2) weeks after the birth and the certificate of the medical
practitioner is to state that the child was born and the date of birth. In the
case of the adoption of a child, notice of the period of leave is to be given
within two (2) weeks after the placement of the child.
21.5
21.4.5
An employee must notify the Commissioner of any change in the information provided
under this clause within two (2) weeks after the change.
21.4.6
If required by the Commissioner, an employee who applies for Parental Leave is to give
the Commissioner a statutory declaration, or enter into an agreement with the
Commissioner, that for the period of the leave the employee will not engage in any
conduct inconsistent with the employee's contract of employment.
Continuity of service
Parental leave does not break an employee's continuity of service, but subject to subclauses 21.5.1,
21.5.2 and 21.5.3, is not to be taken into account in calculating an employee's period of service for any
other purposes.
21.5.1
Any period of paid Adoption, paid Maternity or paid Paternity Leave shall count as full
service for the purposes of determining progression either within a classification or from
one classification to another. However, unpaid Parental Leave shall not count as service
for determining such progression.
21.5.2
Adoption Leave on full pay, Maternity Leave at full pay and Paternity Leave at full pay
shall count as full service for the purposes of determining all forms of leave.
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21.5.3
21.6
21.7
8 July 2005
Unpaid Parental Leave shall not count as service for determining any form of leave
entitlement, except for Long Service Leave (Extended Leave) in cases where at least ten
(10) years of service has been completed and unpaid Parental Leave does not exceed six
(6) months.
Parents not to take Parental Leave at the same time
21.6.1
An employee is not entitled to parental leave at the same time as his or her spouse is on
parental leave.
21.6.2
If subclause 21.6.1 is contravened the period of parental leave to which the employee is
entitled under this clause is reduced by the period of leave taken by his or her spouse.
However, this subclause does not apply to short paternity leave or short adoption leave.
Cancellation of Parental Leave
21.7.1
Before starting leave
Parental leave applied for but not commenced is automatically cancelled if:
21.7.2
21.7.1.1
the employee withdraws the application for leave by written notice to the
Commissioner, or
21.7.1.2
the pregnancy concerned terminates other than by the birth of a living child
or the placement of the child concerned does not proceed.
After starting leave
If:
21.7.2.1
the pregnancy of the employee or the employee's spouse terminates other
than by the birth of a living child while the employee or spouse is on
parental leave, provided:
21.7.2.1.1
if a child is still-born the female employee may elect to take
available sick leave or maternity leave;
21.7.2.1.2
in the event of a miscarriage any absence from work is to be
covered by the current sick leave provisions; or
21.7.2.2
the child in respect of whom an employee is then on parental leave dies, or
21.7.2.3
the placement of a child for adoption purposes with an employee then on
adoption leave does not proceed or continue,
the employee is entitled to resume work at a time nominated by the
Commissioner within 2 weeks after the date on which the employee gives
the Commissioner a notice in writing stating that the employee intends to
resume work and the reason for the intended resumption.
21.7.3
This provisions of subclause 21.7 do not affect an employee's entitlement to special
maternity leave or special adoption leave.
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21.8
21.9
8 July 2005
Parental Leave and other Leave
21.8.1
An employee may take any annual leave, long service leave (extended leave) or
consolidated leave to which the employee is entitled instead of or in conjunction with
parental leave.
21.8.2
However, the total period of leave cannot be so extended beyond the maximum period of
parental leave authorised by this clause.
21.8.3
The maximum period of parental leave authorised by this clause is reduced by any period
of paid sick leave taken by the employee while on maternity leave.
21.8.4
Any paid absence authorised by law or by an award, enterprise agreement or contract of
employment is not available to an employee on parental leave, except if the paid absence
is:
21.8.4.1
annual leave, long service leave (extended leave) or consolidated leave, or
21.8.4.2
in the case of maternity leave - sick leave.
Employee and Commissioner may agree to interruption of parental leave by return to work
21.9.1
21.9.2
An employee on parental leave may, with the agreement of the Commissioner, break the
period of leave by returning to work for the Department, provided that:
21.9.1.1
A female employee who gives birth to a living child shall not resume duty
until six (6) weeks after the birth of the child unless special arrangements for
early return are made at the request of the female employee and supported
by a certificate from a qualified medical practitioner;
21.9.1.2
A female employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four (4) weeks notice (or less if
acceptable to the Commissioner) of her intention to resume maternity leave
must be given.
The period of leave cannot be extended by such a return to work beyond the maximum
period of leave authorised by this clause.
21.10 Extension of period of Parental Leave
21.10.1
An employee may extend the period of parental leave once only by giving the
Commissioner notice in writing of the extended period at least fourteen (14) days before
the start of the extended period. The period of leave cannot be extended by such a notice
beyond the maximum period of leave authorised by this clause.
21.10.2
An employee may extend the period of parental leave at any time with the agreement of
the Commissioner. The period of leave can be extended by such an agreement beyond the
maximum period of leave authorised by this clause.
21.10.3
This section applies to an extension of leave while the employee is on leave or before the
employee commences leave.
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21.11 Shortening of period of Parental Leave
An employee may shorten the period of parental leave with the agreement of the Commissioner and by
giving the Commissioner notice in writing of the shortened period at least fourteen (14) days before the
leave is to come to an end.
21.12 Return to work after Parental Leave
21.12.1
An employee returning to work after a period of parental leave is entitled to be employed
in:
21.12.1.1
the classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave, or
21.12.1.2
if the employee was transferred to a safe job before proceeding on maternity
leave - the classification (if possible, at the same location) held immediately
before the transfer.
21.12.2
If the classification no longer exists but there are other classifications available that the
employee is qualified for and is capable of performing, the employee is entitled to be
employed in a classification as comparable as possible in status and pay to that of the
employee's former classification.
21.12.3
The provisions of subclause 21.12 extend to a female employee returning to work after a
period of Special maternity leave and sick leave.
21.13 Payment
21.13.1
21.13.2
Payment for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made 21.13.1.1
in advance in a lump sum; or
21.13.1.2
on a normal fortnightly basis, and shall be at the same hourly rate as the rate
paid for other forms of paid leave, and may include payment of a higher
duties allowance if the employee;
21.13.1.2.1
has acted in the higher position for a period in excess of one
year; and
21.13.1.2.2
the period of higher duties relief continues up to the day prior
to the employee's departure on maternity leave; and
21.13.1.2.3
the higher duties relief is at the full difference in pay.
Payment to eligible employees for the fourteen (14) weeks on full pay or twenty-eight (28)
weeks on half pay paid Adoption Leave may be made 21.13.2.1
in advance in a lump sum; or
21.13.2.2
on a normal fortnightly basis.
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21.14 Commissioner's Obligations
21.14.1
Information to Employees
On becoming aware that an employee (or an employee's spouse) is pregnant, or that an
employee is adopting a child, the Commissioner must inform the employee of:
21.14.2
21.14.1.1
the employee's entitlements to parental leave under this clause, and
21.14.1.2
the employee's obligations to notify the Commissioner of any matter under
this clause.
Records
The Commissioner must keep, for at least six (6) years, a record of parental leave granted
under this clause to employees and all notices and documents given under this clause by
employees or the Commissioner.
21.15 Termination of Employment because of Pregnancy etc
21.15.1
The Commissioner must not terminate the employment of an employee because:
21.15.1.1
the employee is pregnant or has applied to adopt a child, or
21.15.1.2
the employee has given birth to a child or has adopted a child, or
21.15.1.3
the employee has applied for, or is absent on, parental leave,
but otherwise the rights of the Commissioner in relation to termination of
employment are not affected by this clause.
21.15.2
For the purposes of establishing such a termination of employment, it is sufficient if it is
established that the alleged reason for termination was a substantial and operative reason
for termination.
21.15.3
This clause does not affect any other rights of a dismissed employee.
21.16 Replacement employees
21.16.1
A replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an employee who
has been temporarily promoted or transferred in order to replace the employee proceeding
on parental leave).
21.16.2
Before a replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on parental
leave to return to work.
21.16.3
A reference in this clause to an employee proceeding on leave includes a reference to a
pregnant employee exercising a right to be transferred to a safe job.
21.17 Transfer to a Safe Job
21.17.1
This subclause applies whenever the present work of a female employee is, because of her
pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn
or new born child. The assessment of such a risk is to be made on the basis of a medical
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certificate supplied by the employee and of the obligations of the Commissioner under the
Occupational Health and Safety Act 2000.
21.17.2
The Commissioner is to temporarily adjust the employee's working conditions or hours of
work to avoid exposure to risk as follows 21.17.2.1
Where a female employee is confirmed pregnant she is to notify the
Regional Commander or Officer-in-Charge as soon as possible who will, in
turn, direct that she be withdrawn from operational firefighting duties;
21.17.2.2
21.17.2.2.1
The standard issue uniform is to be worn by members until the
pregnancy becomes apparent prior to the birth and from the
tenth week, if practicable, following the birth.
21.17.2.2.2
Employees will be provided with a maternity uniform for use
when appropriate.
21.17.2.3
An employee on maternity leave who gives birth to a living child shall not
resume operational firefighting duties until thirteen (13) weeks have elapsed
after the birth of the child unless a special request for early return is made by
the employee supported by a medical certificate from a qualified medical
practitioner, subsequently endorsed by the Department's occupational
physician.
21.17.2.4
Duties other than fire fighting may be undertaken after six (6) weeks
following the birth of the child, if endorsed by the occupational physician.
21.17.2.5
21.17.2.5.1
Upon withdrawal from operational firefighting duties alternate
work of a suitable nature is to be provided.
21.17.2.5.2
Allocation of duties will be determined by the Department
following
consultation
between
the
Department's
Occupational Health Physician, the employee's Officer-inCharge and the employee.
21.17.3
If such an adjustment is not feasible or cannot reasonably be required to be made, the
Commissioner is to transfer the employee to other work where she will not be exposed to
that risk.
21.17.4
If such a transfer is not feasible or cannot reasonably be required to be made, the
Commissioner is to grant the employee maternity leave under this clause (or any available
paid sick leave) for as long as is necessary to avoid exposure to that risk, as certified by a
medical practitioner.
21.18 Special Maternity Leave and Sick Leave
If the pregnancy of an employee not then on maternity leave terminates before the expected date of birth
(other than by the birth of a living child) or she suffers illness related to her pregnancy:
21.18.1
the employee is entitled to such period of unpaid leave (to be known as special maternity
leave) as a medical practitioner certifies to be necessary before her return to work, or
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21.18.2
8 July 2005
the employee is entitled to such paid sick leave (either instead of or in addition to special
maternity leave) as she is then entitled to and as a medical practitioner certifies to be
necessary before her return to work.
21.19 Special Adoption Leave
An employee who is seeking to adopt a child is entitled to up to two (2) days unpaid leave if the
employee requires that leave to attend compulsory interviews or examinations as part of the adoption
procedure. This leave may also be granted from a credit of Consolidated leave.
22. Personal/Carer's Leave
22.1
Use of Sick Leave 22.1.1
An employee, other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 22.1.3.2, who needs the employee's care and support shall be
entitled to use, in accordance with this clause, any current or accrued sick leave
entitlement, provided for at Clause 23 of this Award, for absences to provide care and
support for such persons when they are ill. Such leave may be taken for part of a single
day.
22.1.2
The employee shall, if required, establish, 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. In normal circumstances an employee must not take carer's
leave under this clause where another person has taken leave to care for the same person.
22.1.3
The entitlement to use sick leave in accordance with this clause is subject to:
22.1.3.1
the employee being responsible for the care of the person concerned; and
22.1.3.2
the person concerned being:
22.1.3.2.1
a spouse of the employee; or
22.1.3.2.2
a de facto spouse who, in relation to a person, is a person of
the opposite sex to the first mentioned person and who lives
with the first mentioned person as the husband or wife of that
person on a bona fide domestic basis, although not legally
married to that person; or
22.1.3.2.3
a child or an adult child (including an adopted child, a
stepchild, a foster child or an ex-nuptial child), parent
(including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto
spouse of the employee; or
22.1.3.2.4
a same sex partner who lives with the employee as the de
facto partner of that employee on a bona fide domestic basis;
or
22.1.3.2.5
a relative of the employee who is a member of the same
household where, for the purposes of this subclause:
22.1.3.2.5.1 "relative" means a person related by blood,
marriage or affinity;
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22.1.3.2.5.2 "affinity" means a relationship that one spouse,
because of marriage, has to blood relatives of
the other; and
22.1.3.2.5.3 "household" means a family group living in the
same domestic dwelling.
22.1.4
22.2
Unpaid Leave for Family Purpose 22.2.1
22.3
22.4
22.5
An employee shall, wherever practicable, give the Department notice, prior to the absence,
of the intention to take leave, the name of the person requiring care and their relationship
to the employee, the reasons for taking such leave and the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee shall
notify the Department by telephone of such absence at the first opportunity on the day of
absence.
An employee may elect, with the consent of the Department, to take unpaid leave for the
purpose of providing care and support to a class of person, as set out in subclause 22.1.3.2,
who is ill.
Annual Leave 22.3.1
An employee may elect, with the consent of the Department, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five (5) days in any calendar year at
a time or times agreed upon by the Department and the Union.
22.3.2
An employee and the Department may agree to defer payment of the annual leave loading,
in respect of single-day absences, until at least five (5) consecutive annual leave days are
taken.
Time Off in Lieu of Payment for Overtime 22.4.1
An employee may elect, with the consent of the Department, to take time off in lieu of
payment for overtime at a time or times agreed upon with the Department within twelve
(12) months of the said election.
22.4.2
Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
22.4.3
If having elected to take time as leave, in accordance with subclause 22.4.1 above, the
leave is not taken for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the (twelve) 12 month period or on termination.
22.4.4
Where no election is made in accordance with subclause 22.4.1, the employee shall be
paid their overtime in accordance with this Award.
Make-up Time 22.5.1
An employee may elect, with the consent of the Department, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at a later
time during the spread of ordinary hours provided in this Award, at the ordinary rate of
pay.
22.5.2
An employee on shift work may elect, with the consent of the Department, to work "makeup time", under which the employee takes time off ordinary hours and works those hours
at a later time, at the shift work rate which would have been applicable to the hours taken
off.
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23. Sick Leave
23.1
In every case of illness or incapacity sustained by an employee whilst off duty, the following conditions
shall apply.
23.2
Such employee shall, as soon as practicable, inform the officer-in-charge of the station to which the
employee is attached or to which the employee is due to report for duty, of such inability to attend for
duty and, as far as possible, shall state the nature of the illness or incapacity and the estimated duration
of the same.
23.3
Subject to the provisions of subclause 23.7, such employee shall forward to the officer-in-charge of the
station to which the employee is attached, a medical certificate stating the nature of the illness or
incapacity. Before being entitled to resume duty, the employee must furnish a further medical certificate
to the effect that the employee has recovered from the illness or incapacity and is fit for duty, unless the
employer dispenses with this requirement.
23.4
If so required, such employee shall submit to examination by the Department's medical officer.
23.5
Every employee who is absent from duty for a period of more than twenty-eight days shall be examined
by the Department's medical officer and must be certified by such medical officer as fit for duty prior to
being permitted to resume duty.
23.6
The granting of sick leave, the duration thereof and the pay, if any, for the same shall be on the following
basis:
23.6.1
One hundred and forty-four hours on full pay in any one year.
23.6.2
Effective 17 February 1997, the sick leave prescribed in 23.6.1 shall be fully cumulative
less any sick leave taken.
23.6.3
Sick leave beyond the scale provided for shall be sick leave without pay.
23.6.4
(a)
Sick leave is intended to be allowed in respect of absences from duty caused
by ordinary illness or incapacity for duty as the result of an illness or injury
sustained whilst off duty; provided that, in all claims for sick leave in
respect of incapacity as the result of an injury sustained whilst off duty, the
Department has the discretion to consider what is just, but subject to that
discretion, the Department shall deal with claims in respect of such
incapacity as it would deal with claims in respect of ordinary illness, except
that:
(b)
When the incapacity is due to organised sporting activity unconnected with
the Department, any sick leave payment shall take into account any benefit
the employee concerned receives from the body organising the sporting
activity, but to the extent of such benefit, the employee's sick leave
entitlement shall not be affected.
23.6.5
Where payment has been made for sick leave, under this clause, to an employee whose
sick leave entitlement previously has been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from the salary of the
employee concerned in the next pay period or, if such a deduction would cause hardship,
in accordance with the provisions of subclause 6.15 of this Award.
23.6.6
Recruit firefighters shall be eligible for sick leave. However, such employees shall only be
entitled to use up to and including 72 hours of sick leave.
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23.7
8 July 2005
23.6.7
When the incapacity is due to a cause which would entitle an employee to workers'
compensation, the Department shall pay the difference between the amount of workers'
compensation payment and the ordinary rate of pay of the employee concerned. The
employee's entitlement for sick leave arising from ordinary illness shall not be affected.
23.6.8
The employee shall prove to the satisfaction of the Department, or, in the event of a
dispute, to the satisfaction of the Industrial Relations Commission, that the employee was
unable, on account of such illness or incapacity, to attend for duty on that day or days for
which sick leave is claimed. Payment shall not be allowed for such leave until this
condition is fulfilled. A medical certificate tendered in support of such claim shall state the
illness or incapacity, and that the employee was prevented by such illness or incapacity
from attending for duty on the day or days for which sick leave is claimed.
Employees are entitled to take unsupported sick leave absences, where no medical certificate is required,
subject to the following provisions:
23.7.1
Such absences may not exceed 3 separate occasions in any calendar year, where an
‘occasion’ shall be a shift or part of a shift; and
23.7.2
Such absences may not be taken on consecutive days; and
23.7.3
Such absences may not be taken on public holidays; and
23.7.4
Such absences may not be taken in relation to any matter that may be covered by workers’
compensation.
24. Special Leave for Union Activities
24.1
Attendance at Union Conferences/Meetings
24.1.1
24.1.2
24.1.3
Employees who are members of the Union and accredited by the Union as a delegate are
entitled to special leave with pay to attend the following:
24.1.1.1
annual or bi-annual conferences of the Union; and
24.1.1.2
meetings of the Union's Executive/Committee of Management; or
24.1.1.3
annual conference of the Labor Council of NSW; or
24.1.1.4
bi-annual conference of the Australian Council of Trade Unions.
While there is no limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
24.1.2.1
establishing accreditation as a delegate with the Union; and
24.1.2.2
providing sufficient notice of absence to the Department; and
24.1.2.3
lodging a formal application for special leave.
Such leave is also subject to the Union:
24.1.3.1
providing documentary evidence to the Department about an accredited
delegate in sufficient time to enable the Department to make arrangements
for performance of duties; and
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24.1.4
24.1.5
24.1.6
24.1.7
24.1.3.2
meeting all travelling, accommodation and any other costs incurred for the
accredited delegate; and
24.1.3.3
providing the Department with confirmation of attendance of the accredited
delegate.
Providing the provisions of this clause are satisfied by both the employee and the Union,
the Department shall:
24.1.4.1
release the accredited delegate for the duration of the conference or meeting;
24.1.4.2
grant special leave (with pay); and
24.1.4.3
ensure that the duties of the absent delegate are performed in his/her
absence, if appropriate.
Period of Notice
24.1.5.1
Generally, dates of conferences or meetings are known well in advance and
it is expected that the Department would be notified as soon as accreditation
has been given to a delegate or at least two weeks before the date of
attendance.
24.1.5.2
Where extraordinary meetings are called at short notice, a shorter period of
notice would be acceptable, provided such notice is given to the Department
as soon as advice of the meeting is received by the accredited delegate.
Travel Time
24.1.6.1.1
Where a delegate has to travel to Sydney, inter or intra State, to attend a
conference or meeting, special leave will also apply to reasonable travelling
time to and from the venue of the conference or meeting.
24.1.6.1.2
No compensation is to be provided if travel can be and is undertaken on an
accredited delegate's non-working day or before or after his/her normal
hours of work.
Payment
24.1.7.1
Employees entitled to special leave in terms of this clause shall, for such
special leave, receive their normal rate of pay. Provided that for the purpose
of this clause "normal rate of pay" will include allowances, except those
which are solely dependent on the employee performing a specified duty
(eg, such as "driving turntable ladder").
24.1.8
Special leave in terms of this clause shall count as service for all purposes.
24.1.9
Availability of Special Leave
24.1.9.1
24.2
8 July 2005
Special leave shall not be available to employees whilst they are rostered off
duty or on any period of other leave.
Attendance at Courses/Seminars Conducted or Supported by TUEF
24.2.1
Except where inconsistent with the provisions of subclause 24.2, the provisions of
subclause 24.1 of this clause shall also apply for attendance at courses or seminars
conducted or supported by the Trade Union Education Foundation (TUEF).
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8 July 2005
24.2.2
Up to a maximum of 12 days in any period of two years may be granted to employees who
are members of the Union.
24.2.3
The grant of leave to attend courses or seminars conducted or supported by TUEF, is
subject to the following conditions:
24.2.3.1
Departmental operating requirements permit the grant of leave and the
absence does not result in working of overtime by other employees;
24.2.3.2
Expenses associated with attendance at such courses or seminars, e.g. fares,
accommodation, meal costs, etc., will be required to be met by the employee
concerned but, subject to the maximum prescribed in subclause 24.2.2.,
special leave may include travelling time necessarily required during
working hours to attend courses or seminars;
24.2.3.3
Applications for leave must be accompanied by a statement from the Union
that it has nominated the employee concerned for such a course or seminar
and supports the application.
25. Court Attendance Entitlements
25.1
25.2
The provisions of this clause shall apply to employees attending Court and related conferences as a:
25.1.1
result of the duties performed by the employee in the employee's position with the
Department, including attendance at an incident.
25.1.2
witness for the Crown but not as a result of the duties performed by the employee in the
employee's position with the Department.
25.1.3
witness in a private capacity.
Attendance at Court as a result of the duties performed by an employee in the employee's position with
the Department, including attendance at an incident.
25.2.1
Such attendance shall be regarded as attendance in an Official Capacity and uniform must
be worn.
25.2.2
The employee is entitled to be reimbursed for all expenses reasonably and necessarily
incurred in excess of any reimbursement for expenses paid by the Court. Any such claim
shall be in accordance with Clause 26, Travelling Compensation. Other than as provided
by subclause 25.2 , employees are not entitled to claim nor retain any monies as witness'
expenses. Any monies received, other than reimbursement of expenses actually and
necessarily incurred, shall be paid to the Department.
25.2.3
Where the employee is required to attend while off duty, overtime shall be paid from the
time of arrival at the Court to the time of departure from the Court. Travelling time shall
be compensated in accordance with Clause 26, Travelling Compensation. Where approval
has been given to the employee to use the employee's private vehicle, employees shall be
entitled to receive the appropriate Specified Journey Rate prescribed at Item 1 of Table 4
of Part D. All public transport costs, reasonably and necessarily incurred, shall be fully
reimbursed.
25.2.4
Where the employee receives a subpoena or notification of a requirement to attend Court,
the employee must ensure that the Officer-in-Charge is informed of those commitments
immediately. As far as is practicable, employees who are required to attend Court in an
Official Capacity shall do so free from their ordinary duties and responsibilities.
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25.2.5
8 July 2005
The following provisions are to apply to ensure that employees attending Court are given
adequate time free from duty to meet Court commitments:25.2.5.1
Day Shift
Where an employee is rostered to work a day shift arrangements must be
made within the normal protocol for the employee to be relieved whilst
attending Court.
25.2.5.2
Night Shift
An employee required to attend Court shall not be rostered for duty on the
night shift which ceases on the day of the Court proceedings. When the
employee is released from duty at the Court, and if required to report for
duty that evening, such duty shall not commence until an eight hour break
has been taken, pursuant to subclause 9.9 of Clause 9, Overtime.
25.2.6
Where the employee is recalled to duty to attend Court while on Annual or Long Service
Leave:
25.2.6.1
For each day or part thereof, such employee may elect to be recredited with
a full days leave or to be paid a minimum of eight hours at the rate of time
and one half (i.e., half time in addition) for the first two hours and double
time (i.e., time in addition) thereafter.
25.2.6.2
Time worked in excess of eight hours on any recall to duty during annual or
long service leave shall be compensated at the rate of double time. The
calculation of time worked for the purpose of calculating double time shall
commence from the time duty commences at Court until the employee is
excused from the Court.
25.2.6.3
Where the combined period of travelling time and Court attendance is less
than or equal to eight hours, travelling time is included in the minimum
payment prescribed in subclause 25.2.6.1. Where the combined period of
Court attendance and travelling time exceeds eight hours, the excess
travelling time shall be compensated for in terms of Clause 26, Travelling
Compensation.
25.2.7
Where an employee is subpoenaed to attend Court while on Sick Leave it is the
responsibility of the employee to ensure that the circumstances are communicated to the
Court. If the employee is still required to and does attend Court, the sick leave debited for
that period will be recredited and the entitlement to reimbursement of expenses referred to
above shall apply.
25.2.8
"Stand-By"
25.2.8.1
"Stand-By" for the purposes of this clause only, means a period when an
employee is required to be immediately available, upon notice, to attend
Court.
25.2.8.2
Where an employee is required to be on stand-by during a shift or, during
any period when the employee is rostered off duty, the employee must, as
soon as the requirement is known, advise his/her Officer-in-Charge.
25.2.8.3
Written confirmation from the Court of such necessity to be on Stand-By
must also be provided.
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25.2.8.4
25.3
Where an employee is rostered off-duty and is on Stand-By, the employee
shall be entitled to be paid the appropriate amounts set at Item 25 of Table 3
of Part D.
Where an Employee Attends Court as a Witness for the Crown but not as a result of the duties performed
by the employee in the employee's position with the Department.
25.3.1
25.4
8 July 2005
Employees shall be granted special leave of absence with pay for the period they are
necessarily absent from duty, and shall pay to the Department all monies paid to them as
witnesses, other than monies paid as a reimbursement of out of pocket expenses incurred
by them in consequence of being so subpoenaed.
Where an Employee Attends Court in a Private Capacity, (i.e., not subpoenaed by the Crown).
25.4.1
Employees shall be granted leave of absence without pay for the period they are
necessarily absent from duty or, if they so desire, may apply for consolidated leave and, in
either case, may retain monies paid to them as witnesses.
26. Travelling Compensation
26.1
Excess Travelling Time
When an employee is required to travel outside the employee's normal hours of duty the employee may
apply for payment or equivalent time off in lieu for excess time spent travelling, subject to the following:
26.1.1
If the travel is on a non-working day and is undertaken by direction of the Commissioner
or an authorised officer, the employee is entitled to the benefit of subclause 26.1.
26.1.2
Where the travel is on a working day, the excess time spent travelling before the normal
commencing time or after the normal ceasing time, rounded to the lower quarter hour,
shall be counted for the benefit of subclause 26.1.
26.1.3
Payment for excess travelling time on both a working day and a non-working day shall be
at the employee's ordinary rate of pay on an hourly basis (calculated by dividing the
weekly rate by 40) subject to a ceiling of the hourly rate of pay of a Station Officer Level
2 set at Item 3 of Table 4 of Part D.
26.1.4
Where the employee has travelled overnight but has been provided with sleeping facilities,
the travelling time shall not include travel between 2300 hours on one day and 0730 hours
on the next day.
26.1.5
Travelling time does not include time spent:
26.1.5.1.
travelling on permanent transfer where the transfer involves promotion with
increased salary; or as a consequence of a breach of discipline by the
employee; or is at the employee's request; or is under an arrangement
between employees to exchange positions;
26.1.5.2
travelling by ship on which meals and accommodation are provided; or
26.1.5.3
taking a meal when the employee stops a journey to take the meal.
26.1.6
Travelling time shall be calculated by reference to the use of the most practical and
economic means of transport.
26.1.7
Payment or Leave-in-Lieu will not be made or allowed for more than eight (8) hours in
any period of twenty four (24) hours.
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26.2
8 July 2005
Waiting Time
When an employee qualifies for the benefit of Excess Travelling Time, necessary waiting time is to be
counted as Travelling Time calculated as follows:
26.2.1
26.2.2
26.3
26.2.1.1
the time between arrival at the centre and the commencement of duty; and
26.2.1.2
the time between ceasing duty and the time of departure from the centre.
Where overnight accommodation is provided, any time from arrival until departure shall
not count as waiting time except as follows:
26.2.2.1
if duty is performed on the day of arrival, the time less one hour between
arrival and the commencement of duty; and
26.2.2.2
if duty is performed on the day of departure, the time less one hour from the
completion of duty to departure; or
26.2.2.3
if no duty is performed on day of departure the time after 0830 hours until
departure.
Meal Allowances
26.3.1
26.4
Where there is no overnight stay with accommodation at a centre away from the
employee's residence or normal work location, one hour shall be deducted from:
When an employee is required to perform official duty at a temporary work location and is
not required to reside away from home (a one day journey), the employee shall be eligible
to be paid the following meal allowances subject to the following conditions:
26.3.1.1
For breakfast when required to commence travel at/or before 0600 hours
and at least one and a half hours before the normal commencing time, the
amount set at Item 4 of Table 4 of Part D.
26.3.1.2
For lunch when, by reason of the journey, an employee is unable to take
lunch at the place or in the manner in which the employee ordinarily takes
lunch and is put to additional expense, the amount set at Item 5 of Table 4 of
Part D or an amount equivalent to the additional expense, whichever is the
lesser.
26.3.1.3
For an evening meal when required to work or travel until or beyond 1830
hours and at least one and a half hours after the ordinary ceasing time, an
amount set at Item 6 of Table 4 of Part D.
26.3.1.4
Meal Allowances shall not be paid where the employee is provided with an
adequate meal.
Accommodation Allowances
When an employee is required to perform official duty at a temporary work location which requires the
employee to reside away from home and the employee is not provided with accommodation by the
Government, the employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1.
For the first 35 calendar days, the appropriate amounts set at Item 7 of Table 4 of Part D;
or
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26.4.2
The actual necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 8 of Table 4 of Part D. The necessary
expenses do not include morning and afternoon tea.
26.4.3
After the first 35 calendar days and for up to six months an employee shall be paid an
allowance at the rate set at Item 9 of Table 4 of Part D provided the allowance paid to an
employee, temporarily located in Broken Hill, shall be increased by 20%. The allowance
is not payable in respect of:
26.4.4
26.4.3.1
Any period during which the employee returns home on weekends or public
holidays commencing with the time of arrival at the residence and ending at
the time of departure from the residence; or
26.4.3.2
Any other period during which the employee is absent from the temporary
work location (including leave) otherwise than on official duty, unless
approved by the Commissioner.
The capital city rate shall apply to Sydney as bounded by the GSA.
26.4.5
26.5
26.4.5.1
Where an employee proceeds directly to a temporary work location in a
Capital city and returns direct, the Capital city rate applies to the whole
absence.
26.4.5.2
Where an employee breaks the journey, other than for a meal, in a centre
that is not a capital city, the capital city rate applies only in respect of the
time spent in the capital city, the elsewhere rate applies to the remainder of
the absence.
Incidental Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty at a temporary work location which requires that
the employee reside away from home and is provided with accommodation by the Government, the
employee shall be eligible to be reimbursed expenses properly and reasonably incurred during the time
actually spent away from the employee's residence in order to perform that duty and in addition be paid
an allowance at the rate set at Item 10 of Table 4, of Part D as appropriate. Such expenses are limited to
costs in relation to food, laundry and accommodation that exceed what would normally have been
incurred at home. Any meal taken at a Government establishment is to be paid for and appropriate
reimbursement sought.
26.6
Additional Provisions
26.6.1
Unless specifically provided for in Clause 12, Relieving Provisions, Clause 16, Training
Course Attendance Entitlements or Clause 25, Court Attendance Entitlements, the
provisions of this clause shall not apply in the circumstances provided for by those
clauses. Nor do they apply to Recruits undertaking College training.
26.6.2
When an employee is required to travel to a temporary work location or to attend a
training course or conference on what would normally be regarded as a one day journey
and the time of travel will exceed four hours on any one day in addition to the normal
hours of work, the employee may be directed or may request that the employee reside
temporarily at a place other than the employee's residence to avoid such travel time on any
day and in such case shall be entitled to the accommodation allowances as appropriate.
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26.6.3
The claim for an accommodation allowance or reimbursement of expenses shall be for the
whole of the period of absence and cannot be dissected into part of the time of the absence
by way of allowance and part of the absence being compensated by reimbursement.
26.6.4
When an employee in receipt of an accommodation allowance is granted special leave to
return home from a temporary work location, the employee shall be reimbursed for the
cost of the return rail fare or if a first class rail service is reasonably available, the cost of a
first class return rail fare, or a motor vehicle allowance at the appropriate specified journey
rate set at Item 1 of Table 4 of Part D to the value of the rail fares. No taxi fares or other
incidental expenses are payable.
26.6.5
An employee shall be entitled to the option of using public transport or reimbursement for
the use of the employee's private vehicle on the following basis:
26.6.5.1
Reimbursement is not to be paid for a journey if an official motor vehicle is
available for the journey.
26.6.5.2
If an official motor vehicle was not available but public transport was
reasonably available for the journey, the amount of any reimbursement is
not to exceed the cost of the journey by public transport.
26.6.5.3
Where the employee elects to use a private vehicle the employee shall be
reimbursed at the specified journey rate prescribed from time to time or the
cost of public transport, whichever, unless the Commissioner approves
otherwise, is the lesser.
26.6.5.4
Where an official motor vehicle is not available, and public transport was
not reasonably available for the journey, if the employee agrees to use the
employee's private vehicle, reimbursement shall be at the appropriate
Official Business rate set at Item 11 of Table 4 of Part D.
26.6.5.5
Where the meal allowance or the accommodation allowance is insufficient
to adequately reimburse the employee for expenses properly and reasonably
incurred, a further amount may be paid so as to reimburse the employee for
the additional expenses incurred subject to the following:
26.6.5.5.1
The Commissioner may require the production of receipts or
other proof that expenditure was incurred.
26.6.5.5.2
If any expense in respect of which an allowance is payable
was not properly and reasonably incurred by the employee in
the performance of official duties, payment of the allowance
may be refused or the amount of the allowance may be
reduced.
26.6.5.5.3
If any purported expense was not incurred by the employee,
payment of the allowance may be refused or the amount of the
allowance may be reduced.
26.6.5.6
The Commissioner is to consider the convenience of the employee when an
employee is required to travel to a temporary work location.
26.6.5.7
Unless special circumstances exist, the employee's work, the mode of
transport used and the employee's travel itineraries are to be organised and
approved in advance so that compensation for excess travel time and
payment of allowances is reasonably minimised.
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26.6.5.8.
26.7
8 July 2005
Where an employee applies for the payment of excess travel time and leave
is granted in lieu of payment, the employee may apply to the PEO for further
consideration in respect of the claim for payment.
Claims
Claims should be submitted promptly, i.e., within one month from the completion of the work or within
such time as the Commissioner determines.
26.7.1
The Commissioner may approve applications for advance payments of travelling and
sustenance allowances. Such applications should detail the appropriate expenditure
anticipated and be in accordance with In Orders 1982/34.
26.7.2
In assessing claims for excess travelling time and payment of allowances reference should
be made to the time that might reasonably have been taken by the particular mode of
transport used. Provided that where an employee can demonstrate that the use of the means
of transport proposed by the Department is unreasonable in the circumstances, the
employee may apply to the Commissioner for a review of the Department's decision.
Where an employee does not wish to use the means of transport proposed by the
Department e.g. air travel as against train or car travel, travelling time and allowances
should be assessed on the basis that the most practical and economical means of transport
is used.
26.7.3
Where an allowance is payable at a daily rate and a claim is made for a portion of the day,
the amount to be paid is to be calculated to the nearest half hour.
26.8.1
The meal, accommodation and incidental allowances in Items 4 to 10 and the per
kilometre rates in Items 1 & 11 of Table 4 of Part D, shall be adjusted in line with, and
from the same dates as, the corresponding allowances prescribed in the Crown Employees
(Public Service Conditions of Employment) Award 2002.
26.8
27. Notice of Transfer
27.1
When an employee is to be transferred to work at a new location and/or to a different platoon, the
Commissioner shall give the employee the following notice 27.1.1
Seven (7) days notice when the transfer is within the same fire district or within the GSA
and on the same platoon,
27.1.2
Fourteen (14) days notice when the transfer is within the same fire district or within the
GSA but to a different platoon,
27.1.3
Twenty eight (28) days notice when the transfer is outside the GSA or the employee's
current fire district, and such notice shall be confirmed in writing.
28. Transfers Outside of the GSA
This Clause prescribes the transfer arrangements which shall apply in the case of all Operational Firefighter
vacancies which arise outside of the GSA from the date of operation of this Award until 1 May 2006,
whereupon this Clause shall cease to operate and Clause 28A shall take effect.
28.1
Transfer Register Applications
28.1.1
Applications for placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer Register on
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8 July 2005
which the employee seeks to be placed, the employee’s current classification, the
employee’s current address and whether or not the employee is claiming residential
qualification pursuant to subclause 28.4.
28.2
28.1.2
With the exception of Recruit Firefighters, all firefighters shall be eligible to apply for
placement on any one or more of the Country Transfer Registers or Regional Transfer
Registers listed at subclause 28.2.
28.1.3
With the exception of Inspectors with regards to the Blue Mountains area (only), all
Station Officers and Inspectors shall be eligible to apply for placement on any one or more
of the Regional Transfer Registers listed at subclause 28.2.2.
28.1.4
Leading Firefighters shall not be eligible to apply for placement on any Officer Transfer
Register until such time as they have been promoted to Station Officer rank. Similarly,
Station Officers shall not be eligible to apply for placement on any Senior Officer Transfer
Register until such time as they have been promoted to Inspector rank. Employees so
promoted shall be required to submit a new report pursuant to subclause 28.1.1 in order to
be placed on the corresponding Transfer Register for their new classification.
28.1.5
The Manager Operational Personnel shall acknowledge receipt of all applications within
14 days of the day upon which they are received. This receipt shall confirm the employee’s
service number, name, date of application, Transfer Register for which the employee has
applied and, if applicable, whether or not the employee’s claim for Residential
Qualification has been accepted. Applications for placement on a Transfer Register shall
only be valid upon the issuing of this receipt, which shall serve as proof of an employee’s
application.
28.1.6
Employees may be removed from a Transfer Register by submitting a further report to that
effect to the Manager Operational Personnel, who shall in turn issue a receipt as proof of
that withdrawal.
Transfer Registers
28.2.1
Country Transfer Registers:
Transfer Register
Albury
Armidale
Bathurst
Broken Hill
Coffs Harbour
Dubbo
Goulburn
Lismore
Maitland
Moree
Nowra
Orange
Port Macquarie
Queanbeyan
Tamworth
Tweed Heads
Wagga Wagga
Local Government Area
Albury City Council
Armidale City Council
Bathurst City Council
Broken Hill City Council
Coffs Harbour City Council
Dubbo City Council
Goulburn City Council
Lismore City Council
Maitland City Council
Moree Plains Shire Council
Shoalhaven City Council
Orange City Council
Hastings Council
Queanbeyan City Council
Tamworth City Council
Tweed Shire Council
Wagga Wagga City Council
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28.2.2
Regional Transfer Registers:
Transfer Register
Blue Mountains
Central Coast
Illawarra
Newcastle
28.2.3
28.3
8 July 2005
Local Government Area
Blue Mountains City Council
Gosford City Council and Wyong Shire Council
Wollongong City Council and Shellharbour City Council
Lake Macquarie City Council and Newcastle City Council
The parties agree that where permanent firefighters are to be introduced in an area outside
the GSA for which no Transfer Register exists, a new Transfer Register will be
established. Where a new transfer register is to be established, the Department shall
advertise the establishment of that register and invite initial applications for a period of six
weeks. Any applications received within the six week period shall be deemed to have been
received on the date of creation of the register and placed on that register in accordance
with the following provisions:
28.2.3.1
Notwithstanding the provisions of subclause 28.4.2, an applicant who
satisfies the provisions of subclause 28.4.3 and has done so for a period of 2
or more consecutive years leading up to the date of creation of the list shall
be placed at the top of register. Where more than one applicant satisfies this
provision, placement on the register shall be determined by a ballot
conducted by the Manager Operational Personnel; and
28.2.3.2
Applicants who are unable to satisfy the provisions of subclause 28.2.3.1
shall be placed immediately after last of those applicants so placed on the
register. Where more than one such application is received, the order of
placement shall be determined by way of a ballot conducted by the Manager
Operational Personnel.
Operation of Transfer Registers
28.3.1
The Department shall establish and maintain Transfer Registers as follows:
28.3.1.1
for firefighters, a separate Transfer Register for each of the Country
Transfer Register areas and Regional Transfer Register areas listed at
subclauses 28.2.1 and 28.2.2;
28.3.1.2
for officers, a separate Transfer Register for each of the Regional Transfer
Register areas listed at subclause 28.2.2; and
28.3.1.3
for Senior Officers, a separate Transfer Register for each of the Regional
Transfer Register areas listed at subclause 28.2.2. Provided that there shall
not be a Blue Mountains Regional Transfer Register for Senior Officers, and
that vacancies which occur within that area shall be filled in accordance with
subclause 28.7.
28.3.2
Each Transfer Register shall detail each applicant’s employee service number, their name,
the date of their original application for transfer and, if applicable, the date of their
successful application for residential qualification and/or the date of their eventual transfer
to the area in question.
28.3.3
The placement of each employee upon each Transfer Register shall be determined by
order of the date upon which the employee made application for placement on that
Transfer Register. Where more than one application for the same Transfer Register is
submitted on the same day, the Manager Operational Personnel shall determine the order
of placement of those multiple applicants by way of ballot.
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28.3.4
28.4
8 July 2005
Upon the occurrence of a vacancy within a Transfer Register’s area, that transfer shall be
offered to employees on that Transfer Register in the following order:
28.3.4.1
the first offer of transfer shall be made to the highest placed employee
holding residential priority status and, if declined, to the next highest placed
employee holding residential priority status, and so on until such time as the
vacancy is filled;
28.3.4.2
in the event that no employee on that Transfer Register holds residential
priority status, or that all employees holding residential priority status
decline the offer of transfer, the vacancy shall then be offered to all
employees on that Transfer Register, with the first offer to be made to the
highest placed employee and, if declined, to the next highest placed
employee and so on until such time as the vacancy is filled; and
28.3.4.3
in the event that no employee exists on that Transfer Register and/or all
employees on that Transfer Register decline the offer of transfer, the
vacancy shall then be advertised for and open to all eligible employees.
28.3.5
Declining an offer of transfer shall not affect an employee’s position on the relevant
Transfer Register, provided that employees who decline three successive offers of transfer
shall be removed from that Transfer Register.
28.3.6
The Department shall make available copies of all Transfer Registers to employees in the
manner agreed between the Department and the Union.
Residential Qualification and Residential Priority Status
28.4.1
All employees seeking residential qualification on any Transfer Register shall be required
to submit a report to the Manager Operational Personnel setting out the Transfer Register
for which residential qualification is sought, the address of their primary residence and
their current work location. This report may be either the same report as that of the
employee’s original application made pursuant to subclause 28.1.1, or a subsequent report
which is submitted due to an employee’s transfer or a change of primary residence.
28.4.2
An employee shall not be entitled to recognition of residential qualification on any
Transfer Register prior to the date of their report making application for that recognition
pursuant to subclause 28.4.1.
28.4.3
In order to recognise an employee’s claim for residential qualification on a particular
Transfer Register, the Manager Operational Personnel must first be satisfied that the
primary residence in question is located either:
28.4.3.1
within the Transfer Register area in question, or
28.4.3.2
in such a location that any permanently staffed fire station within the
Transfer Register area for which the applicant is claiming residential priority
is closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
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28.4.4
8 July 2005
Employees holding residential qualification on any Transfer Register must submit a further
report pursuant to subclause 28.4.1 immediately upon their:
28.4.4.1
change of address, meaning a change in the location of their primary
residence; or
28.4.4.2
transfer from the GSA to a Transfer Register area; or
28.4.4.3
transfer from one Transfer Register area to another Transfer Register area.
28.4.5
The Manager Operational Personnel shall acknowledge and review all reports submitted
pursuant to subclause 28.4.4. If an employee’s transfer or revised primary residence
location means that the employee no longer satisfies the residential qualification
requirements of subclause 28.4.3, then the employee’s records upon the relevant Transfer
Register(s) shall be adjusted accordingly. It shall remain the responsibility of employees to
apply for any additional residential qualification which may arise as a result of their
transfer or revised primary residence.
28.4.6
Subject to the provisions of subclause 28.4.7, an employee who has held and continually
maintained residential qualification upon a Transfer Register for two years shall then be
recognised as holding residential priority status for that Transfer Register. Employees shall
be required to provide evidence of their claim for primary residence prior to being placed
on the Transfer Register with Statutory Declarations, electoral enrolment forms, rates
notices, bills and/or such other documentation or evidence which it would be reasonable
for the Department to request of the employee in order to verify their claim. Vacant blocks
of land, Post Office boxes, investment properties, holiday homes or the addresses of
relatives or friends, when in fact the employee has primarily resided elsewhere, shall
therefore be unacceptable.
28.4.7
In the case of Leading Firefighters who are promoted to Station Officer, or Station
Officers who are promoted to Inspector:
28.4.7.1
if stationed within a Regional Transfer Register area at the time of their
promotion, then such employees shall be transferred to the GSA. Provided
that employees so transferred who make application pursuant to subclause
28.1 for return transfer within three months of the date of their promotion
shall be placed on the corresponding Transfer Register for their new
classification and credited with residential priority status as of the date of
that promotion;
28.4.7.2
if holding a position on a Regional Transfer Register at the time of their
promotion, and holding residential priority status for that area, then such
employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28.1, following
which they shall be placed on the corresponding Transfer Register for their
new classification and credited with residential priority status as of the date
of that promotion;
28.4.7.3
if holding a position on a Regional Transfer Register at the time of their
promotion, and holding residential qualification for that area, then such
employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28.1, following
which they shall be placed on the corresponding Transfer Register for their
new classification as of the date of that promotion and recognised for the
purposes of subclause 28.4.6 for that period of residential qualification
already accrued.
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28.4.7.4
28.5
28.6
8 July 2005
if holding a position on a Regional Transfer Register at the time of their
promotion, but without holding residential qualification for that area, then
such employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28.1, following
which they shall then be placed on the corresponding Transfer Register for
their new classification as of the date of that promotion.
Appeals concerning Residential Qualification
28.5.1
An employee seeking to challenge either the Department’s determination of their
residential qualification, or the Department’s determination of the residential qualification
of another employee may appeal in the first instance by way of report to the Assistant
Director Operational Personnel. Such reports shall provide all relevant details and may be
supported by any documentation or evidence which the employee considers relevant to
their claim. An anonymous appeal against an employee shall not be investigated.
28.5.2
Where an appeal concerns the employee’s own residential qualification, the Assistant
Director Operational Personnel shall provide the employee with a written determination of
that appeal, setting out the reasons for same, within 14 days of receipt of the employee’s
report.
28.5.3
Where an appeal concerns the residential qualification of another employee, the Assistant
Director Operational Personnel shall forward a copy of the said report to the employee
who is the subject of the challenge. The employee under challenge shall be allowed no less
than 28 days to reply by way of report to the Assistant Director Operational Personnel who
shall thereafter provide both employees with a written determination of the appeal, setting
out the reasons for same, within 14 days of receipt of the second employee’s report.
28.5.4
An employee may appeal a determination of the Assistant Director Operational Personnel
by way of report to the Commissioner. The Commissioner shall consider all previous
reports and documentation relating to the matter, together with any additional information
which the employee or employees concerned may supply, following which the
Commissioner shall provide the employee or employees concerned with a written and final
determination of the matter.
Regional Communications and BA/Hazmat
This subclause prescribes the transfer arrangements which shall apply for all firefighter or Station
Officer vacancies which occur within Regional Communication Centres and Regional BA/Hazmat
Sections.
28.6.1
Upon the occurrence of a vacancy, transfers shall be advertised and offered in the
following order:
28.6.1.1
Firstly, to all employees who are stationed within the Regional Transfer
Register area in which the vacancy exists. Where there are more suitable
applicants than positions available, interviews shall be held to determine the
successful applicant.
28.6.1.2
In the event that no applications are received at subclause 28.6.1.1, or that
none of the local applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all
employees holding residential priority status on the relevant Regional
Transfer Register, with the first offer to be made to the highest placed
applicant who meets the essential criteria and, if declined, to the next highest
placed applicant who meets the essential criteria and so on until such time as
the vacancy is filled.
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28.7
8 July 2005
28.6.1.3
In the event that all employees holding residential priority status on that
Regional Transfer Register decline the offer of transfer, or that no such
employee meets the essential criteria, as agreed between the Department and
the Union, the vacancy shall then be offered to all employees on that
Regional Transfer Register, with the first offer to be made to the highest
placed applicant who meets the essential criteria and, if declined, to the next
highest placed applicant who meets the essential criteria and so on until such
time as the vacancy is filled.
28.6.1.4
In the event that all employees on that Regional Transfer Register decline
the offer of transfer, or that none of the Regional Transfer Register
applicants meet the essential criteria, as agreed between the Department and
the Union, the vacancy shall then be advertised by way of internal
memorandum to all Communication Centre or BA/Hazmat employees (as
the case may be). Where there are more suitable applicants than positions,
interviews shall be held to determine the successful applicant.
28.6.1.5
In the event that all Communication Centre or BA/Hazmat employees (as
the case may be) decline the offer of transfer, the vacancy shall then be
advertised for and open to all eligible employees through In Orders.
28.6.1.6
Successful applicants will be required to successfully complete the required
training, and on appointment, to serve in the relevant Centre/Section for a
minimum period of three years. Provided that if the transfer is made in
accordance with subclause 28.6.1.4 then the cumulative total service will be
a minimum period of three years.
Country Officers, Country Senior Officers and Operational Support Staff
28.7.1
Vacancies which occur amongst any of the positions listed at subclause 28.7.2 shall be
advertised though In Orders and filled on the basis of competitive merit selection.
Selection Committees shall be constituted in accordance with the Recruitment and
Selection Guidelines of the NSW Public Service.
28.7.2
28.8
28.7.2.1
Country Officers, being all Station Officer positions located in areas outside
of the GSA and the Regional areas listed at subclause 28.2.2; and
28.7.2.2
Country Senior Officers, being all Inspector positions located outside the
GSA and the Newcastle, Central Coast and Illawarra Transfer Register
areas; and
28.7.2.3
Operational Support staff, being all positions defined as such by Clause 14
of this Award.
Transitional Provisions
Employees who, as at 7 June 2002 were recognised by the Department as living in or travelling through
an area for which they had applied for transfer in accordance with In Orders 1991/19 shall be deemed,
for the purposes of subclause 28.4.1, to have applied for and received residential qualification for that
Transfer Register on the date initially recognised by the Department.
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8 July 2005
28A. Transfers Outside of the Gsa (New Arrangements)
This Clause prescribes the transfer arrangements which shall apply in the case of all Operational Firefighter
vacancies which arise outside of the GSA on and from 1 May 2006, whereupon Clause 28 shall cease to operate
and this Clause shall take effect.
28A.1 Transfer Register Applications
28A.1.1
Applications for placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer Register on
which the employee seeks to be placed, the employee’s current classification, the
employee’s current address and whether or not the employee is claiming residential
priority pursuant to subclause 28A.4.
28A.1.2
With the exception of Recruit Firefighters, all firefighters shall be eligible to apply for
placement on any one or more of the Country Transfer Registers or Regional Transfer
Registers listed at subclause 28A.2.
28A.1.3
With the exception of Inspectors with regards to the Blue Mountains area (only), all
Station Officers and Inspectors shall be eligible to apply for placement on any one or more
of the Regional Transfer Registers listed at subclause 28A.2.2.
28A.1.4
Leading Firefighters shall not be eligible to apply for placement on any Officer Transfer
Register until such time as they have been promoted to Station Officer rank. Similarly,
Station Officers shall not be eligible to apply for placement on any Senior Officer Transfer
Register until such time as they have been promoted to Inspector rank. Employees so
promoted shall be required to submit a new report pursuant to subclause 28A.1.1 in order
to be placed on the corresponding Transfer Register for their new classification.
28A.1.5
The Manager Operational Personnel shall acknowledge receipt of all applications within
14 days of the day upon which they are received. This receipt shall confirm the employee’s
service number, name, date of application, Transfer Register for which the employee has
applied and, if applicable, whether or not the employee’s claim for residential priority has
been accepted. Applications for placement on a Transfer Register shall only be valid upon
the issuing of this receipt, which shall serve as proof of an employee’s application.
28A.1.6
Employees may be removed from a Transfer Register by submitting a further report to that
effect to the Manager Operational Personnel, who shall in turn issue a receipt as proof of
that withdrawal.
28A.2 Transfer Registers
28A.2.1
Country Transfer Registers:
Transfer Register
Albury
Armidale
Bathurst
Broken Hill
Coffs Harbour
Dubbo
Goulburn
Lismore
Maitland
Moree
Nowra
Orange
Local Government Area
Albury City Council
Armidale City Council
Bathurst City Council
Broken Hill City Council
Coffs Harbour City Council
Dubbo City Council
Goulburn City Council
Lismore City Council
Maitland City Council
Moree Plains Shire Council
Shoalhaven City Council
Orange City Council
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Port Macquarie
Queanbeyan
Tamworth
Tweed Heads
Wagga Wagga
28A.2.2
Hastings Council
Queanbeyan City Council
Tamworth City Council
Tweed Shire Council
Wagga Wagga City Council
Regional Transfer Registers:
Transfer Register
Blue Mountains
Central Coast
Illawarra
Newcastle
28A.2.3
8 July 2005
Local Government Area
Blue Mountains City Council
Gosford City Council and Wyong Shire Council
Wollongong City Council and Shellharbour City Council
Lake Macquarie City Council and Newcastle City Council
The parties agree that where permanent firefighters are to be introduced in an area outside
the GSA for which no Transfer Register exists, a new Transfer Register will be
established. Where a new transfer register is to be established, the Department shall
advertise the establishment of that register and invite initial applications for a period of six
weeks. Any applications received within the six week period shall be deemed to have been
received on the date of creation of the register and placed on that register in accordance
with the following provisions:
28A.2.3.1
Notwithstanding the provisions of subclause 28A.4.2, an applicant who
satisfies the provisions of subclause 28A.4.3 and has done so for a period of
2 or more consecutive years leading up to the date of creation of a Transfer
Register shall be placed at the top of that Residential Transfer Register.
Where more than one applicant satisfies this provision, placement on that
Residential Transfer Register shall be determined by a ballot conducted by
the Manager Operational Personnel; and
28A.2.3.2
Applicants who are unable to satisfy the provisions of subclause 28A.2.3.1
shall be placed at the top of the relevant General Transfer Register. Where
more than one such application is received, the order of placement shall be
determined by way of a ballot conducted by the Manager Operational
Personnel.
28A.3 Operation of Transfer Registers
28A.3.1
The Department shall establish and maintain a General Transfer Register and a Residential
Transfer Register for each category of Operational Firefighter employees as follows:
28A.3.1.1
in the case of Firefighters, for each of the Country Transfer Register areas
and Regional Transfer Register areas listed at subclauses 28A.2.1 and
28A.2.2;
28A.3.1.2
in the case of Officers, for each of the Regional Transfer Register areas
listed at subclause 28A.2.2; and
28A.3.1.3
in the case of Senior Officers, for each of the Regional Transfer Register
areas listed at subclause 28A.2.2. Provided that there shall not be a Blue
Mountains Regional Transfer Register for Senior Officers, and that
vacancies which occur within that area shall be filled in accordance with
subclause 28A.7.
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8 July 2005
28A.3.2
28A.3.3
28A.3.4
28A.3.5
28A.3.2.1
Each General Transfer Register shall detail each applicant’s employee
service number, their name, the date of their original application for transfer
and, if applicable, the date their application for residential priority status
was accepted, the date they were elevated to that area’s Residential Transfer
Register and/or the date of their eventual transfer to the area in question.
28A.3.2.2
Each Residential Transfer Register shall detail each applicant’s employee
service number, their name, the date of their original application for transfer,
the date their application for residential priority status was accepted, the
date they were elevated to that area’s Residential Transfer Register and, if
applicable, the date of their eventual transfer to the area in question.
The order of placement of each employee upon each Transfer Register shall be
determined:
28A.3.3.1
in the case of General Transfer Registers, by order of the date upon which
the employee made application for placement upon that Transfer Register.
Where more than one application for the same Transfer Register is
submitted on the same day, the Manager Operational Personnel shall
determine the order of placement of those multiple applicants by way of
ballot; and
28A.3.3.2
in the case of Residential Transfer Registers, by order of the date upon
which the employee was elevated to that Residential Transfer Register.
Subject to the provisions of 28A.4.3, 28A.4.7.1 and 28A.4.7.2, an
employee’s elevation to a Residential Transfer Register shall be subject to:
firstly, the employee having held a position on the relevant General Transfer
Register for at least two years; and secondly, the employee having been
recognised as having met and maintained residential priority status for that
Transfer Register’s area for at least two years.
Upon the occurrence of a vacancy, transfers shall be offered to employees in the following
order:
28A.3.4.1
Firstly, by reference to the relevant Residential Transfer Register, with the
first offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as
the vacancy is filled.
28A.3.4.2
In the event that no employee exists on the relevant Residential Transfer
Register, or that all employees on that Residential Transfer Register decline
the offer of transfer, the vacancy shall then be offered to all employees on
the relevant General Transfer Register, with the first offer to be made to the
highest placed employee on that Register and, if declined, to the next highest
placed employee and so on until such time as the vacancy is filled.
28A.3.4.3
In the event that no employee exists on the relevant General Transfer
Register and/or all employees on that General Transfer Register decline the
offer of transfer, the vacancy shall then be advertised for and open to all
eligible employees.
Declining an offer of transfer shall not affect an employee’s position on the relevant
Transfer Register, provided that employees who decline three successive offers of transfer
shall be removed from that Transfer Register.
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28A.3.6
8 July 2005
The Department shall make available copies of all Transfer Registers to employees in the
manner agreed between the Department and the Union.
28A.4 Residential Priority
28A.4.1
All employees seeking residential priority for any Transfer Register area shall be required
to submit a report to the Manager Operational Personnel setting out the grounds for their
claim. Such employees shall be required to provide evidence of their claim for primary
residence prior to being placed on the Transfer Register with Statutory Declarations,
electoral enrolment forms, rates notices, bills and/or such other documentation or evidence
which it would be reasonable for the Department to request of the employee in order to
verify their claim. Vacant blocks of land, Post Office boxes, investment properties,
holiday homes or the addresses of relatives or friends, when in fact the employee has
primarily resided elsewhere, shall therefore be unacceptable. This report may be either the
same report as that of the employee’s original application made pursuant to subclause
28A.1.1, or a subsequent report which is submitted due to an employee’s transfer or a
change of primary residence.
28A.4.2
An employee shall not be entitled to recognition of residential priority on any Transfer
Register prior to the date of their report making application for that recognition pursuant to
subclause 28A.4.1.
28A.4.3
In order to recognise an employee’s claim for residential priority for a particular Transfer
Register, the Manager Operational Personnel must first be satisfied that the primary
residence in question is located either:
28A.4.4
28A.4.3.1
within the Transfer Register area in question, or
28A.4.3.2
in such a location that any permanently staffed fire station within the
Transfer Register area for which the applicant is claiming residential priority
is closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
Employees holding residential priority status on any Transfer Register must submit a
further report pursuant to subclause 28A.4.1 immediately upon their:
28A.4.4.1
change of address, meaning a change in the location of their primary
residence; or
28A.4.4.2
transfer from the GSA to a Transfer Register area; or
28A.4.4.3
transfer from one Transfer Register area to another Transfer Register area.
28A.4.5
The Manager Operational Personnel shall acknowledge and review all reports submitted
pursuant to subclause 28A.4.4. If an employee’s transfer or revised primary residence
location means that the employee no longer satisfies the residential priority requirements
of subclause 28A.4.3, then the employee’s records upon the relevant Transfer Register(s)
shall be adjusted accordingly It shall remain the responsibility of employees to apply for
any additional residential priority status which may arise as a result of their transfer or
revised primary residence.
28A.4.6
Subject to the provisions of subclause 28A.4.7, an employee who has held and continually
maintained residential priority status upon a General Transfer Register for two years shall
then be elevated to the relevant Residential Transfer Register in accordance with subclause
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28A.3.3.2. Provided that employees who are elevated to a Residential Transfer Register
and who are later found to no longer meet the criteria for residential priority shall be
returned to and placed upon the relevant General Transfer Register by order of the date of
their original application.
28A.4.7
In the case of Leading Firefighters who are promoted to Station Officer, or Station
Officers who are promoted to Inspector:
28A.4.7.1
if stationed within a Regional Transfer Register area at the time of their
promotion, then such employees shall be transferred to the GSA. Provided
that employees so transferred who make application pursuant to subclause
28A.1 for return transfer within three months of the date of their promotion
shall be placed on the corresponding Residential Transfer Register for their
new classification as of the date of that promotion;
28A.4.7.2
if holding a position on a Regional area’s Residential Transfer Register at
the time of their promotion then such employees shall be entitled within
three months of the date of their promotion to submit a further report
pursuant to subclause 28A.1, following which they shall be placed on the
corresponding Residential Transfer Register for their new classification as
of the date of that promotion;
28A.4.7.3
if holding a position on a Regional area’s General Transfer Register at the
time of their promotion, and holding residential priority status for that area,
then such employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28A.1, following
which they shall be placed on the corresponding General Transfer Register
for their new classification as of the date of that promotion and recognised
for the purposes of subclause 28A.4.6 for that period of residential
qualification already accrued.
28A.4.7.4
if holding a position on a Regional area’s General Transfer Register at the
time of their promotion, but without holding residential priority status for
that area, then such employees shall be entitled within three months of the
date of their promotion to submit a further report pursuant to subclause
28A.1, following which they shall then be placed on the corresponding
General Transfer Register for their new classification as of the date of that
promotion.
28A.5 Appeals concerning Residential Priority
28A.5.1
An employee seeking to challenge either the Department’s determination of their
residential priority status, or the Department’s determination of the residential priority
status of another employee may appeal in the first instance by way of report to the
Assistant Director Operational Personnel. Such reports shall provide all relevant details
and may be supported by any documentation or evidence which the employee considers
relevant to their claim. An anonymous appeal against an employee shall not be
investigated.
28A.5.2
Where an appeal concerns the employee’s own residential status, the Assistant Director
Operational Personnel shall provide the employee with a written determination of that
appeal, setting out the reasons for same, within 14 days of receipt of the employee’s
report.
28A.5.3
Where an appeal concerns the residential status of another employee, the Assistant
Director Operational Personnel shall forward a copy of the said report to the employee
who is the subject of the challenge. The employee under challenge shall be allowed no
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8 July 2005
less than 28 days to reply by way of report to the Assistant Director Operational Personnel
who shall thereafter provide both employees with a written determination of the appeal,
setting out the reasons for same, within 14 days of receipt of the second employee’s report.
28A.5.4
An employee may appeal a determination of the Assistant Director Operational Personnel
by way of report to the Commissioner. The Commissioner shall consider all previous
reports and documentation relating to the matter, together with any additional information
which the employee or employees concerned may supply, following which the
Commissioner shall provide the employee or employees concerned with a written and final
determination of the matter.
28A.6 Regional Communications and BA/Hazmat
This subclause prescribes the transfer arrangements which shall apply for all firefighter or Station
Officer vacancies which occur within Regional Communication Centres and Regional BA/Hazmat
Sections.
28A.6.1
Upon the occurrence of a vacancy, transfers shall be advertised and offered in the
following order:
28A.6.1.1
Firstly, to all employees who are stationed within the Regional Transfer
Register area in which the vacancy exists. Where there are more suitable
applicants than positions available, interviews shall be held to determine the
successful applicant.
28A.6.1.2
In the event that no applications are received at subclause 28A.6.1.1, or that
none of the local applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all
employees on the relevant Residential Transfer Register, with the first offer
to be made to the highest placed applicant who meets the essential criteria
and, if declined, to the next highest placed applicant who meets the essential
criteria and so on until such time as the vacancy is filled.
28A.6.1.3
In the event that all employees on that area’s Residential Transfer Register
decline the offer of transfer, or that none of the Residential Transfer
Register applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all
employees on the relevant General Transfer Register, with the first offer to
be made to the highest placed applicant who meets the essential criteria and,
if declined, to the next highest placed applicant who meets the essential
criteria and so on until such time as the vacancy is filled.
28A.6.1.4
In the event that all employees on that area’s General Transfer Register
decline the offer of transfer, or that none of the General Transfer Register
applicants meet the essential criteria, as agreed between the Department and
the Union, the vacancy shall then be advertised by way of internal
memorandum to all Communication Centre or BA/Hazmat employees (as
the case may be). Where there are more suitable applicants than positions,
interviews shall be held to determine the successful applicant.
28A.6.1.5
In the event that all Communication Centre or BA/Hazmat employees (as
the case may be) decline the offer of transfer, the vacancy shall then be
advertised for and open to all eligible employees through In Orders.
28A.6.1.6
Successful applicants will be required to successfully complete the required
training, and on appointment, to serve in the relevant Centre/Section for a
minimum period of three years. Provided that if the transfer is made in
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accordance with subclause 28A.6.1.4 then the cumulative total service will
be a minimum period of three years.
28A.7 Country Officers, Country Senior Officers and Operational Support Staff
28A.7.1
Vacancies which occur amongst any of the positions listed at subclause 28A.7.2 shall be
advertised though in orders and filled on the basis of competitive merit selection.
Selection Committees shall be constituted in accordance with the Recruitment and
Selection Guidelines of the NSW Public Service.
28A.7.2
28A.7.2.1
Country Officers, being all Station Officer positions located in areas outside
of the GSA and the Regional areas listed at subclause 28A.2.2; and
28A.7.2.2
Country Senior Officers, being all Inspector positions located outside the
GSA and the Newcastle, Central Coast and Illawarra Transfer Register
areas; and
28A.7.2.3
Operational Support staff, being all positions defined as such by Clause 14
of this Award.
28A.8 Transitional Provisions
28A.8.1
Employees who, as at 1 May 2006 were holding a position on one or more of the Transfer
Registers then in operation under Clause 28 shall be placed on the corresponding new
Transfer Register(s) under this Clause, Residential or General, as follows:
28A.8.1.1
Employees who had held residential priority status for two or more
successive years will be placed upon the relevant Residential Transfer
Register(s) by order of the date of their original application.
28A.8.1.2
All remaining employees will be placed upon the relevant General Transfer
Register(s) by order of the date of their original application, provided that
those employees who held residential priority status for less than two years
shall have the date at which their residential priority was first recognised
recorded amongst their Register details pursuant to subclause 28A.3.2.1.
29. Transferred Employee's Compensation
29.1
When an employee has been given notice of transfer to work in a new location and the Commissioner
requires that the employee move to new accommodation, and the transfer is not subject to the exceptions
set out below, the employee shall be eligible for leave or credit of leave, reimbursement of costs, and to
be paid allowances set out herein.
29.2
Exceptions
29.2.1
Unless special and exceptional circumstances exist, the exceptions exclude from the
benefit of this clause employees who are transferred:
at their own request;
under an arrangement between employees to exchange positions;
on account of the employee's breach of discipline;
within the Metropolitan Area or the same Zone.
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29.2.2
For purposes of this clause, Metropolitan Area means and includes the Sydney Region as
defined by the Department of Planning but also including the area referred to as the
Central Coast on the Northern Line as far as Gosford, the area on the Western Line as far
as Mt. Victoria and on the Illawarra Line as far as Wollongong.
29.2.3
Employees who are transferred as a result of inclusion in a transfer list established in
accordance with Clause 28 of this Award shall, for the purposes of this Clause, be deemed
to have been transferred "at their own request" and shall not be eligible for the
entitlements set out in this Clause.
29.2.4
Notwithstanding the provisions of subclause 29.2.1, employees who are transferred by way
of a merit based selection process, including employees promoted to a rank that
necessitates a transfer, shall attract the relevant entitlements of this Clause.
29.2.5
Notwithstanding the provisions of subclause 29.2.1, employees who received
compensation for transferring to a particular station/location shall, after a period of not
less than 2 years service at that location, be entitled to the provisions of this Clause upon
transfer to the GSA.
29.3
This clause does not alter the transfer procedures, as at the date of making of this Award, set out in
Standing Orders. Any variation to those procedures shall be by agreement between the Department and
Union.
29.4
Leave
When an employee has been given notice of transfer and is required to move to new accommodation the
employee shall be eligible for leave and/or to apply for payment at the ordinary rate of pay in lieu of the
granting of leave or the Commissioner may credit such leave as consolidated leave as follows to a
maximum of:
29.4.1
Sixteen (16) working hours to visit the new location with a view to obtaining
accommodation,
29.4.2
Sixteen (16) working hours to prepare and pack personal and household effects prior to
removal or for the purpose of arranging storage,
29.4.3
Such leave as is necessary to travel to the new location for the purposes of obtaining
suitable accommodation and/or to commence duty,
29.4.4
Eight (8) hours for the combined purpose of cleaning the premises being vacated and/or
occupying and settling into the new premises.
Where an employee is eligible for, and takes leave, for part of a shift the Commissioner
may direct the employee to take consolidated leave to credit for the remainder of the shift
and if the employee does not have sufficient leave to credit, the shortfall may be taken as
an advance against consolidated leave that may accrue or as leave without pay.
29.4.5
Provided suitable arrangements can be made for a performance of duties, an employee
working a special roster who has been unable to secure accommodation for the family at
the new location is entitled to sufficient special leave to permit a return home on weekends
once each month to spend two consecutive days and nights with the family, together with
an additional day and night in respect of each public holiday occurring in conjunction with
the weekend and on which the employee would not normally be rostered for duty. This
leave is limited to the time necessarily required in travelling on the day preceding and the
day following such weekend.
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29.4.6
Where a transferred employee working a special roster is located in a district where a
return home once each month is not possible, such employee, after four weeks at the new
location, will be entitled to sufficient leave to allow the transferred employee two
consecutive days and nights at a weekend with the family. Following that four weeks, the
employee will be allowed to accumulate special leave at the rate of sixteen (16) working
hours per month until sufficient leave is available to allow the return home at a weekend
for a similar period.
29.4.7
Special Roster is the roster specified at subclause 8.6 of this Award.
Cost of Temporary Accommodation
For the purposes of this subclause, temporary accommodation does not include a house or a flat, whether
owned by the Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1
Transferred employees maintaining dependant relatives at home who are required to
vacate the existing residence prior to departure for the new location and/or finds it
necessary to secure board and lodging for themselves and dependant relatives at the new
location pending permanent accommodation (a residence) becoming available, the
employee shall be allowed up to the amount set at Item 12 of Table 4 of Part D, per week
calculated as the actual cost of the temporary accommodation less an excess contribution
calculated as per Table 5 of Part D.
29.5.2
Where a transferred employee maintaining dependant relatives moves to the new location
ahead of dependants, and permanent accommodation is not available, necessary board and
lodging expenses in excess of the amount set at Item 13 of Table 4 of Part D, per week to
a maximum allowance of the amount set at Item 12 of Table 4 of Part D, per week shall be
payable.
29.5.3
Where a transferred employee not maintaining dependant relatives in the home is unable to
secure permanent accommodation at the new location, the employee is to be paid an
allowance of up to 50% of the total cost of board and lodging for a maximum period of
four (4) weeks subject to a maximum the amount set at Item 12 of Table 4 of Part D, per
week. Where the period of four (4) weeks is not sufficient for the employee to find suitable
permanent accommodation, full particulars should be provided to allow the PEO to
consider the extension of this provision.
29.5.4
An employee receiving an allowance for temporary accommodation as set out above is
entitled to a laundry (not dry cleaning) allowance as set out at:
29.5.5
29.5.4.1
Item 14 of Table 4 of Part D, per week if the employee only is in temporary
accommodation;
29.5.4.2
Actual expenses to a maximum as set at Item 15 of Table 4 of Part D, per
week if the employee and dependants are in temporary accommodation.
Where an employee, together with dependants are in temporary accommodation the
allowances may be paid until either
29.5.5.1
a suitable residence becomes available; or
29.5.5.2
up to twenty six (26) weeks if the transfer is to the country; or
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up to thirteen (13) weeks if the transfer is to the Sydney Metropolitan Area,
whichever is the sooner. The payment of allowances in all cases is subject
to:
29.5.5.4
the production of receipts;
29.5.5.5
a written undertaking that any reasonable offer of accommodation will be
accepted;
29.5.5.6
evidence that the employee is taking all reasonable steps to secure a
residence.
When the Commissioner considers that a transferred employee has refused
to accept reasonable accommodation and as a result the payment of an
allowance has been discontinued, the matter may be referred by the
employee or the Union to a Committee comprising two representatives of
the Union and two representatives of the PEO. If no mutual decision is
arrived at by the Committee the matter may be referred to the Industrial
Relations Commission of NSW.
29.5.6
29.6
Extension of assistance beyond the twenty six (26)/thirteen (13) week period may be
approved only if the application for assistance is supported by acceptable evidence of
unsuccessful attempts to obtain accommodation which constitutes reasonably suitable
accommodation.
Removal Costs
29.6.1
A transferred employee is entitled to reimbursement for the costs actually and necessarily
incurred in removing personal and household effects to the new location. Provided that the
journey is travelled by the shortest practicable route and completed within a reasonable
time, these costs will include the actual and reasonable expenses incurred by the employee
and dependants for meals and accommodation during the course of the journey.
29.6.2
Removal expenses allowed under this clause includes the costs of insuring furniture and
effects whilst in transit up to an amount set at Item 16 of Table 4 of Part D. Where the
insured value exceeds amount, the case should be referred to the PEO for consideration.
They should be provided with an inventory of items to be transferred together with a
declaration that all items included in that policy are being removed or stored, or, a
certificate of valuation from a registered valuer certifying the value of furniture and effects
being removed or stored.
Where, due to circumstances beyond the control of the transferred employee, the furniture
and effects of the employee arrive late at the new location or are moved before the
employee's departure from the previous location, reimbursement of expenses for meals and
accommodation properly and reasonably incurred by the employee and any dependants
shall be paid.
29.6.3
29.6.3.1
A transferred employee shall be entitled to compensation for the accelerated
depreciation of personal and/or household effects removed to a new
location.
29.6.3.2
This entitlement is the amount set at Item 17 of Table 4 of Part D, where the
Commissioner is satisfied that the employee has removed a substantial
portion of what is normal household furniture, furnishing and fittings of not
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less value than the amount set at Item 18 of Table 4 of Part D. If the value is
less than this amount, a pro rata amount is payable.
29.7
29.6.4
Where a transferred employee is required to remove the employee's furniture from
temporary accommodation the employee is entitled to be reimbursed removal costs and the
compensation for depreciation and disturbance in respect of each such move,
notwithstanding that the employee may not be changing the location of work.
29.6.5
When an employee uses a private vehicle for the purposes of official business and finds it
necessary to transport another private vehicle, normally used by a dependant relative
maintained in the household, the cost of transporting or driving that second vehicle to the
employee's new location shall be part of the removal costs and the employee may be paid
either the cost of transportation by road or rail or, if the vehicle is driven to the new
location, a car allowance at the specified journey rate set at Item 1 of Table 4 of Part D.
29.6.6
The reimbursement for the costs actually and necessarily incurred in removing personal
and household effects to the new location shall be the equivalent to the lowest of three
competitive quotes where practicable.
29.6.7
An advance to cover the whole or part of removal expenses allowed under this subclause
is available. The amount of the advance is to be adjusted by the employee within one
month of the expenditure being incurred.
Storage of Furniture
Where an employee is unable to secure suitable accommodation at the new location and is required to
store the furniture while waiting to secure a residence, the cost of storage and cartage to the store, and
from the store to the new residence shall be reimbursed. The employee shall also be reimbursed the cost
of insurance for furniture and effects while in storage on the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is twenty six (26) weeks in the country and thirteen
(13) weeks in the Metropolitan Area.
29.8
Costs of Personal Transport
29.8.1
The transferred employee and one member of the household, when proceeding on leave
for the purpose of visiting the new location with a view to obtaining suitable
accommodation, shall be entitled to the option of return rail fares, or if a first class rail
service is reasonably available, first-class return rail fares, or reimbursement at the
specified journey rate as set at Item 1 of Table 4 of Part D, for the use of a private vehicle
up to the cost of rail fares.
29.8.2
The transferred employee and all members of the household, when travelling to the new
location for the purpose of commencing duty, shall be entitled to rail fares or
reimbursement for the use of the private vehicle, as set out in subclause 29.8.1, provided
that, where the members of the employee's household do not travel on the same occasion
as the employee, the entitlement for their personal transport shall be deferred until such
time as travel to take up residence at the employee's new location occurs.
29.8.3
A transferred employee working the special roster specified at subclause 8.6, who has
been unable to secure accommodation for the family at the new location, who is entitled to
special leave to permit a return home at weekends, shall be entitled to the option of rail
fares or reimbursement for the use of a private vehicle as set out in subclause 29.8.1 when
proceeding on leave.
29.8.4
Car allowance in respect of travel by the employee involved in taking up duty at the new
location shall be at the official business rate as set at Item 11 of Table 4 of Part D.
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29.8.5
When an overall saving to the Department would eventuate, an employee and one member
of the household, when proceeding to visit the new location with a view to obtaining
suitable accommodation, shall be entitled to economy class air fares in lieu of rail fares or
reimbursement of the use of a private motor vehicle.
29.8.6
When an employee travels to the new location with a view to obtaining suitable
accommodation and incurs expenses in relation to overnight accommodation, the
employee shall be reimbursed the reasonable and actual cost of accommodation and meals
for self and a member of the household provided the amount to be reimbursed does not
exceed sustenance allowances allowed under Clause 26, Travelling Compensation.
Education of Children
29.9.1
A transferred employee who has dependant children will be entitled to the cost of essential
school clothing that is required to be replaced or purchased as a direct result of the
employee's transfer to a new location requiring the changing of schools. No provision is
made for reimbursement of additional school fees, text books or other similar items. The
basic list of school clothing is as follows:
Basic Items
Male winter uniforms
1 Suit coat
2 pairs of winter trousers
1 tie
3 shirts
1 jumper/cardigan
3 pairs of socks
1 pair of shoes
1 track suit/sports uniform
(but not both)
1 pair of sandshoes
Female winter uniforms
1 hat
2 tunics
1 blazer
3 blouses
1 tie
3 pairs stockings/socks
1 pair of gloves
1 pair of shoes
1 track suit/sports uniform
(but not both)
1 pair of sandshoes
1 jumper/cardigan
Summer Uniforms
3 shirts
3 pairs of trousers (short)
3 pairs of long socks
Summer uniforms
3 blouses
2 tunics
3 pairs stockings/socks
When an item of clothing required at the new school is not included in the basic list the
PEO will consider reimbursing the cost of same but will require full particulars and
circumstances surrounding the requirement to purchase.
29.9.2
In respect of dependant children undergoing secondary education in Year 12 at a school in
the employee's old location, where the elected subjects are not available at a school in the
employee's new location, the cost of board and lodging for these children may be
reimbursed to the transferred employee. In such case the employee, on production of
receipts for payment and a certificate from the Department of School Education that the
elected subjects are not available at the school at the employee's new location, shall be
granted the allowance. In these cases the parent/guardian will be required to pay the first
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amount as set at Item 19 of Table 4 of Part D, of the board and lodging expenses and the
Department will reimburse further costs up to a maximum of the amount as set at Item 20
of Table 4 of Part D, per week for each child.
29.10 Conveyancing and Other Costs
A transferred employee who, as a consequence of the transfer to a new location, sells a residence at the
former location and buys a residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to the following:
29.10.1
Where a solicitor or a registered conveyancing company has been engaged to act on behalf
of the employee in those transactions, the professional costs and disbursements by the
solicitor or a registered conveyancing company in respect of such transactions.
29.10.2
Where an employee is entitled to reimbursement, the following expenses shall be covered:
29.10.2.1
Stamp Duty;
29.10.2.2
Where the employee has engaged a Real Estate Agent to sell the residence at
the former location, the commission due to the Estate Agent.
29.10.3
Reimbursement of expenses shall be made where the sale of the employee's
former residence and the purchase of either a residence or land is effected
within a period commencing not earlier than six (6) months prior to the
employee's transfer and ending not more than four (4) years after such
transfer. The Department will be prepared to consider individual cases
where the four (4) year period has been exceeded but will require full details
of why sale and/or purchase of the transferred employee's residence could
not be completed in the four (4) year period.
29.10.4
Where a transferred employee owns a residence at a former location and has
taken up rented accommodation on transfer, the employee shall be regarded
as covered by these provisions relating to the reimbursement of
conveyancing and incidental costs on the current transfer or on a subsequent
transfer provided the period of not more than four (4) years has elapsed
since the employee's immediately preceding transfer.
29.10.5
Where it is not practicable for the transferred employee to purchase
residence in the new location and such employee has disposed of the former
residence, such employee is not to be excluded from the benefit of this
clause when subsequently purchasing a residence in the new location on a
current or subsequent transfer within the four (4) year period.
29.10.6
There is an upper ceiling, as set at Item 21 of Table 4 of Part D, on prices of
the properties involved in either the sale or the purchase. This limit applies
where employees are relocated from a Metropolitan Area to the country
irrespective of the size, the value and the commerciality of the property
being purchased provided transferred employees are not entitled to the
reimbursement of costs involved in transactions where the sale or purchase
of a large rural property or commercial premises might be involved.
29.10.7
Where a transferred employee dies before completion of either or both the
sale or purchase transactions, the expenses incurred in such transactions, up
to and including the finalisation of such transactions shall be payable by the
Department and the family of the deceased employee is not required to
reimburse the Department such expenses.
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29.11 Stamp Duty and Other Charges
A transferred employee, who, as a consequence of the transfer, sells a residence at the former location
and buys a residence or land upon which to erect a residence at the new location is entitled to be
reimbursed:
29.11.1
Stamp Duty in respect of the purchase of the residence or the land and the house erected
thereon at the new location;
29.11.2
Stamp Duty paid in respect of any mortgage entered into or the discharge of a mortgage in
connection with the sale or purchase;
29.11.3
Registration fees on transfers and mortgages on the residence or the land and the house
erected on the land on the following basis -
29.11.4
29.11.3.1
where the purchase is completed and the employee enters into occupation of
the residence within 15 months of transfer, the reimbursement of Stamp
Duty in full;
29.11.3.2
where the occupation of the residence purchased or erected is not completed
within fifteen (15) months but is completed within four years of transfer,
reimbursement of Stamp Duty is not to exceed the amount which would
have been payable had the sale and purchase prices of the properties been
the amount set at Item 21 of Table 4 of Part D, in each case.
A transferred employee who, as a consequence of the transfer to a new location, does not
sell a residence at the former location but buys a residence or land upon which to erect a
residence at a new location, is entitled to be reimbursed:
29.11.4.1
Stamp Duty in respect of the purchase of the residence or the land and a
house erected on that land;
29.11.4.2
Stamp Duty paid on any mortgage entered into in connection with the
purchase; and
29.11.4.3
Registration fees on transfer and mortgages on the residence or the land and
a house erected on the land,
provided the employee enters into occupation of the residence within fifteen
(15) months of transfer to the new location.
29.12 Incidental Costs
29.12.1
A transferred employee who is entitled to the reimbursement of conveyancing and other
costs for a purchase at the new location prior to the sale of the former residence is entitled
to the reimbursement of any Council or any other Local Government rates levied in
respect of the former residence while such former residence remains untenanted provided
the employee can furnish acceptable evidence that reasonable efforts are being made to
sell the former residence at a fair market price.
29.12.2
A transferred employee will be entitled to reimbursement of non-refundable costs in
respect of the connection of gas and electricity supplies and of telephone installation at the
new residence provided that:
29.12.2.1
the connection of gas and electricity supplies were available to the land at
the time of purchase and/or
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the cost of the telephone installation is to be reimbursed only where a
telephone was installed at the former residence.
29.12.3
A transferred employee entitled to the reimbursement of conveyancing and other costs is
entitled to reimbursement of the cost of survey certificates, pest certificates and/or
Building Society registration fees reasonably incurred in seeking financial accommodation
to purchase the new residence or the land upon which to erect a new residence and the fees
associated with discharging the mortgage on the former residence.
29.12.4
A transferred employee shall be entitled to reimbursement for the fees charged by
Australia Post for re-direction of mail for the first month following vacation of the former
residence.
29.13 Relocation on Retirement
29.13.1
29.13.2
Upon retirement at a place other than the place of original recruitment to the Department,
an employee is entitled to be reimbursed the costs actually and necessarily incurred in
removing personal household effects to a location of the employee's choice together with
the cost of insuring the same against damage in transit provided 29.13.1.1
the maximum amount of such reimbursement shall be limited to that payable
had the employee moved to the place of original recruitment; and
29.13.1.2
the employee's relocation is effected within twelve (12) months following
retirement.
The above provision shall apply to any claims made by the widow or widower within a
period of twelve (12) months of the transferred employee's death. In such cases the
Commissioner will also be prepared to consider claims made by children or dependent
relatives of the deceased in similar circumstances but will require full particulars as to the
reasons.
29.14 Additional Provisions
29.14.1
Nothing contained in the provisions of this clause pertaining to leave shall deprive the
employee of compensation for time spent in travelling.
29.14.2
Where the spouse of a transferred employee is also employed in the NSW Public Service
and is also transferred, the assistance payable under this clause or under the Crown
Employee's general provisions is to be paid to one partner only. This does not operate to
restrict the leave entitlement of the transferred employee.
29.14.3
An employee whose appointment to a position may be subject to appeals action shall not
move to the new location until the period during which appeals may be lodged has expired
or all appeals action has been finalised. An employee may be directed to take up duty in
the new location before appeals action is finalised but will be entitled to the leave
provisions set out in this clause, in which case the following will apply:
29.14.3.1
Where the employee has dependants they may claim sustenance allowance
under Clause 26, Travelling Compensation, until appeals action has been
finalised;
29.14.3.2
Employees with dependants have a further period of up to twenty one (21)
days immediately after all appeals action has been finalised to find suitable
accommodation before such travelling compensation entitlements cease.
Such period may be extended by the Commissioner if the Commissioner is
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satisfied that twenty one (21) days is insufficient time to find such
accommodation.
29.14.3.3
The Commissioner shall not approve the movement of the employee's
dependants or furniture and effects before all appeals action has been
finalised unless exceptional or particularly difficult circumstances exist.
29.14.3.4
Employees without dependants may be given assistance with temporary
accommodation pending the completion of any appeals action but are not to
move their furniture and effects until appeals action has been finalised.
29.15 Adjustment of Entitlements
29.15.1
The entitlements provided by this clause, shall be adjusted in line with, and from the same
effective dates, as the corresponding entitlements prescribed in the Crown Employees
(Transferred Officers' Compensation) Award.
30. Rental of Premises
30.1
For the purpose of this clause only:
30.1.1
"accommodation" means quarters or premises, including a fire station, owned or leased by
the Department.
30.1.2
"employee" means a Station Officer or an Inspector.
30.1.3
"market rental" means the market rental of the property as determined by the
Commissioner in accordance with the Guidelines issued by the PEO.
30.2
Except as provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required to and does
occupy accommodation, the Department shall deduct from the rate of pay of the employee concerned an
amount per week equal to 5% of the employee's total weekly rate per week as prescribed in Tables 1.1 to
1.3, Rates of Pay, or 50% of the market rental of the accommodation, whichever is the lesser.
30.3
Where an employee was, on 19 August 1994, entitled to and occupying subsidised accommodation:
30.4
30.3.1
Such employee, subject to subclause 30.3.2, shall continue to pay the amount set at Item
24 of Table 3 of Part D (as adjusted from time to time in accordance with 30.4) per week
unless the employee subsequently elects to move from that accommodation to different
accommodation. If such an employee so elects, then the Department shall deduct from the
rate of pay of the employee concerned an amount per week as prescribed in sub-clause
30.2.
30.3.2
And has exercised, or who has, a right of return transfer pursuant to Clause 30 (i) of the
Fire Brigade Employees' (State) Award as published in NSW Industrial Gazette Volume
263 of 1991, such employee shall retain the right of return transfer. Provided that the
continued entitlement to subsidised accommodation shall expire after a period of 2.5 years
from the date of return transfer.
30.3.3
And is transferred by the Department from one country location to another country
location, such employee shall retain the benefits of the provisions of sub-clause 30.3 as if
the employee had not been so transferred.
The amount set at Item 24 of Table 3 of Part D, shall be increased from the same date and by the same
percentage of any increase to the rate of pay prescribed for a Station Officer, Level 1. All such increases
shall be rounded off to the nearest 10 cents.
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Firefighters or employees who have entered into, or subsequently entered into, private tenancy
arrangements with the Department are not entitled to the provisions of this clause.
31. Protective Clothing and Uniforms
31.1
The Department shall supply to all employees appropriate protective clothing for operational duties
which shall meet relevant national and/or international Standards or as otherwise agreed to with the
Union.
31.2
Employees supplied with the above clothing shall wear it in accordance with Departmental instructions.
31.3
The provision of wet weather gear shall be in accordance with existing practice, or as otherwise agreed
between the parties.
32. Clothes Drying Facility
32.1
A drying closet for artificially drying clothing shall be provided by the Department at all fire stations to
which employees are attached.
33. Cleaning of Clothes
33.1
Where any uniform or wearing apparel is supplied by the Department and is required to be worn by its
employees, and such uniform or wearing apparel becomes soiled or damaged in the execution of duty as
to require cleaning or repairs, such cleaning or repairs shall be done at the expense of the Department.
Provided that the Department shall provide laundering in lieu of dry cleaning where an employee so
chooses.
34. Safety Belts
34.1
Safety belts shall be fitted to all seats on all vehicles operated by the Department which employees are
called upon to drive or to ride upon on a public road.
35. Disputes Avoidance Procedures
35.1
Subject to the provisions of the Industrial Relations Act 1996, and to enable claims, issues and disputes
to be resolved while work proceeds normally, the following procedures are to apply.
35.2
Employee(s) and/or Union representatives will place the matter before the immediate supervisor. The
immediate supervisor will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least provide a progress report before the close of
ordinary business on the next working day.
35.3
Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before
the next higher officer in charge of the relevant zone or region. That officer will take all reasonable
steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next working day.
35.4
Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before
the Director Human Resources. The Director Human Resources will take all reasonable steps to reply to
the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
35.5
Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before
the Commissioner. The claim, issue or dispute and all relevant circumstances relating to it will be fully
reviewed by the Commissioner and the Union and all reasonable steps shall be taken in an attempt to
resolve the matter.
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35.6
No action is to be taken by the Union which would affect the Department's operations whilst a dispute is
under investigation.
35.7
Failing agreement the claim, issue or dispute may be referred to the appropriate Industrial Tribunal.
36. Acknowledgment of Applications and Reports
36.1
When an employee makes an application or a report in writing, to the proper officer, the employee shall
be sent an acknowledgment of its receipt, noting the matter contained therein.
36.2
The result of an application shall be communicated to the employee no later than fourteen days after a
decision has been reached. In cases where no decision has been reached within one month the reason for
the delay shall be communicated in writing, to the employee.
36.3
The provisions of this clause shall not apply in cases where other procedures are specifically stipulated
(eg, in Standing Orders or In Orders).
37. Procedures Regarding Reports and Charges
37.1
When an employee is summoned to appear before the employee's Senior Officer or before the
Department on a charge, appeal or formal inquiry, the employee shall be given particulars in writing of
the charge or allegation, if any, against the employee, at least forty-eight hours before the hearing of the
charge or appeal or the opening of the said inquiry. The employee shall be allowed access personally or
by a representative duly authorised in writing by the employee, to all or any of the official papers,
correspondence or reports of the Department relating to the charge, appeal, or subject of the said inquiry.
37.2
The employee also shall be allowed to give and to call evidence on the employee's own behalf and to
hear all evidence given.
37.3
If an employee so requests the employee may be represented by an officer of the Union before the
employee's Senior Officer or the Department on all such occasions.
37.4
37.4.1
No report about an employee shall be placed on the records or papers relating to that
employee unless the employee concerned has been shown the said report.
37.4.2
If the employee disagrees with the report, the employee shall be entitled to make such a
notation on the report.
37.4.3
Evidence that the employee has been shown the report will be by either the employee's
signature thereon, or in accordance with subclause 37.4.4.
37.4.4
Where an employee refuses to sign the report, such refusal shall immediately be noted
upon the report by the Senior Officer handling the report, in such cases, the Senior Officer
will advise the employee that the refusal to sign will be noted on the report and that the
report, together with such notation, will be placed on the records or papers relating to that
employee.
37.4.5
Further to subclause 37.4.4, in such circumstances, the Department will notify the Union,
in writing, within seven days of such refusal and the Union shall be given an opportunity
of replying to the report.
37.4.6
If the employee so desires, any written response from either the employee or the Union
shall also be placed amongst the records or papers relating to the employee or noted
thereon.
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37.5
Where the Department has, for its own purposes, arranged for a transcript to be taken of proceedings on
a charge, appeal or formal inquiry, a copy of such transcript shall be supplied, free of cost, to the
employee concerned if, during the hearing or at the termination of the proceedings, a request therefore,
in writing, is made by the employee.
37.6
After the Senior Officer has announced the recommendation or when the Department has made its
decision as the result of a charge or an appeal, the employee concerned shall be informed thereof, in
writing, within seven days after such announcement or decision has been made or has been given, as the
case may be.
37.7
For the purposes of this clause "Senior Officer" means the employees' Senior Officer or an Officer of a
higher rank.
38. Drug and Alcohol Protocol
38.1
The joint Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed by the
Department and the Union on 18 March 1998, shall apply to all employees covered by this Award.
38.2
Any changes to the Protocol shall only be by agreement between the Department and the Union.
39. Salary Sacrifice to Superannuation
39.1
For the purposes of this Clause, "salary" means the rate of pay or salary prescribed for the employee's
classification, respectively, by Clause 6, Rates of Pay and Allowances, or Clause 41, Salaries of this
Award.
39.2
Notwithstanding the salaries prescribed by Clause 6 or Clause 41 of this Award, an employee may elect,
subject to the agreement of the Department to sacrifice a portion of the salary payable under Clause 6 or
Clause 41 of this Award to additional employer superannuation contributions. Such election must be
made prior to the commencement of the period of service to which the earnings relate. The amount
sacrificed must not exceed thirty (30) percent of the salary payable under Clause 6 or Clause 41 of this
Award or (30) percent of the currently applicable superannuable salary, whichever is the lesser. In this
Clause, "superannuable salary" means the employee's salary as notified from time to time to the New
South Wales public sector superannuation trustee corporations.
39.3
Where the employee has elected to sacrifice a portion of that payable salary to additional employer
superannuation contributions:
39.4
39.3.1
Subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary
subject to appropriate PAYE (i.e., "Pay As You Earn") taxation deductions by the amount
of that sacrificed portion; and
39.3.2
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 employee is entitled under this Award or any applicable Award, Act or statute
which is expressed to be determined by reference to an employee's salary, shall be
calculated by reference to the salary which would have applied to the employee under
Clause 6 or Clause 41 of this Award, in the absence of any salary sacrifice to
superannuation made under this Award.
The employee may elect to have the portion of payable salary which is sacrificed to additional employer
superannuation contributions:
39.4.1
paid into the superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
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39.4.2
8 July 2005
subject to the Department's agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
39.5
Where an employee elects to salary sacrifice in terms of subclause 39.4 above, the Department will pay
the sacrificed amount into the relevant superannuation fund.
39.6
Where the employee is a member of a superannuation scheme established under:
(a)
the Police Regulation (Superannuation) Act 1906;
(b)
the Superannuation Act 1916;
(c)
the State Authorities Superannuation Act 1987;
(d)
the State Authorities Non-contributory Superannuation Act 1987; or
(e)
the First State Superannuation Act 1992
the employee's Department must ensure that the amount of any additional employer
superannuation contributions specified in subclause 39.2 above is included in the employee's
superannuable salary which is notified to the New South Wales public sector superannuation
trustee corporations.
39.7
Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had
entered into an agreement with the Department to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in subclause 39.6 above, the
Department will continue to base contributions to that fund on the salary payable under Clause 6 or
Clause 41 of this Award to the same extent as applied before the employee sacrificed portion of that
salary to superannuation. This Clause applies even though the superannuation contributions made by the
Department may be in excess of superannuation guarantee requirements after the salary sacrifice is
implemented.
39A. Wage/Salary Packaging Arrangements
39A.1 By mutual agreement with the Public Employment Office (PEO), an employee may, from time to time,
elect to receive:
39A.1.1
a benefit or benefits selected from those approved from time to time by the PEO; and
39A.1.2
a salary equal to the difference between the wage/salary prescribed for the employee by
clause 6 and clause 41 of this award, and the amount specified by the PEO from time to
time for the benefit provided to or in respect of the employee in accordance with such
agreement.
39A.2 The agreement shall be recorded in writing and shall be known as a Wage/Salary Packaging Agreement.
39A.2.1
A Wage/Salary Packaging Agreement shall be for a period of up to 24 months, unless a
different period is mutually agreed between the employee and the PEO at the time of
signing the Wage/Salary Packaging Agreement.
39A.2.2
The PEO may vary the range and type of benefits available from time to time following
discussion with Labor Council and the Union. Such variations shall apply to any existing
or future Wage/Salary Packaging Agreement from date of such variation.
39A.2.3
The PEO will determine from time to time the value of the benefits provided following
discussion with Labor Council and the Union. Such variations shall apply to any existing
or future Wage/Salary Packaging Agreement from the date of such variation. In this
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circumstance, the employee may elect to terminate the Wage/Salary Packaging Agreement
immediately.
40. Anti-Discrimination
40.1
It is the intention of the parties bound by this Award to seek to achieve the object in 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.
40.2
It follows that in fulfilling their obligations under the Disputes Avoidance Procedures prescribed by
Clause 35 of this Award the parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to make application to vary any
provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.
40.3
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.
40.4
Nothing in this Clause is taken to affect:
40.5
40.4.1
any conduct or act which is specifically exempted from anti-discrimination legislation;
40.4.2
offering or providing junior rates of pay to persons under 21 years of age;
40.4.3
any act or practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
40.4.4
a party to this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
This Clause does not create legal rights or obligations in addition to those imposed upon the parties by
legislation referred to in this Clause.
PART C
41. Salaries
41.1
The salaries for Executive Officers are as specified in Tables 1.1 to 1.3 of Part D, Monetary Rates.
41.2
Such salaries are all incidence rates of pay and include compensation for:
41.2.1
the way in which ordinary hours are worked in terms of sub-clause 42.1;
41.2.2
the working of any excess hours;
41.2.3
the non payment of an annual leave loading; and
41.2.4
the fact that Executive Officers are not entitled to annual leave in excess of four weeks per
annum.
42. Hours of Work
42.1
Executive Officers shall work an average of forty ordinary hours per week on a flexible basis. Such
hours to be worked according to the needs of the organisation on any day of the week or at any time of
the day.
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43. Appointment to Executive Officer Positions
43.1
Appointment to the classification of Chief Superintendent Level 2 or Chief Superintendent Level 1 or
Superintendent is to be determined solely on the basis of competitive merit selection and is subject to the
occurrence of a vacancy. Selection Committees shall be constituted in accordance with the Recruitment
and Employment Guidelines and Procedures of the N.S.W. Public Service.
44. Leave
44.1
General
The entitlements described in subclauses 44.2 to 44.4 inclusive, are brief summaries of the provisions
contained under the "PSM Act", the Regulation made thereunder and the Personnel Handbook and must
be read and applied in conjunction and in accordance with these principal provisions.
44.2
44.3
44.1.1
Any accrued entitlements to leave under the conditions of employment in operation
immediately prior to 5 October 1993, shall, less any of such accrued leave subsequently
taken, be retained by Executive Officers covered by this Award.
44.1.2
Entitlements to Extended Leave (Long Service Leave) pursuant to the PSM Act shall take
effect on and from 5 October 1993, provided that the total years of service will count for
the determination of entitlements accruing from that date.
Recreation Leave (Annual Leave)
44.2.1
Recreation leave on full pay accrues at the rate of twenty (20) working days per year.
44.2.2
Recreation leave accrues from month to month only, but for the purpose of calculating
recreation leave which may be due on the cessation of employment, credit shall be given
for periods of service less than one (1) month.
44.2.3
Recreation leave may accrue up to a maximum of forty (40) working days. Unless
approved otherwise by the Commissioner, the right to take any accrued recreation leave in
excess of forty (40) working days shall be forfeited.
44.2.4
The Commissioner may direct an Executive Officer to take such leave as is convenient to
the workings of the Department.
44.2.5
Recreation leave shall not be taken without the approval of the Commissioner or the
Commissioner's nominee.
44.2.6
Recreation leave shall not be granted for any period of less than a quarter day or in other
than in multiples of a quarter day.
Extended Leave (Long Service Leave)
44.3.1
Subject also to the provisions of 44.3.5, an officer is entitled to extended leave, after
service of ten (10) years, of two (2) months on full pay, or four (4) months on half pay.
44.3.2
For service in excess of ten years, extended leave is calculated proportionate to the
officer's length of service after ten years, calculated on the basis of five (5) months on full
pay, or ten (10) months on half pay, for each ten years served after service of ten years.
44.3.3
The entitlements prescribed at subclauses 44.3.1 and 44.3.2 shall be determined in hours
by formulae established in the Personnel Handbook.
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44.3.4
Extended leave shall not be taken without the approval of the Commissioner or the
Commissioner's nominee.
44.3.5
Notwithstanding anything elsewhere provided by this clause, effective on and from the
date of operation of this Award:
44.3.5.1
Officers may apply to take pro-rata extended leave after the completion of
seven (7) years of service. Additionally officers with such service shall be
entitled to pro-rata extended leave on resignation or termination.
44.3.5.2
Officers may apply to take a period of extended leave at double pay
provided that:
44.3.5.3
44.3.5.2.1
The additional payment will be made as a non-superable
taxable allowance payable for the period of the absence from
work.
44.3.5.2.2
The officer’s leave balance will be debited for the actual
period of the absence from work and an equivalent number of
days as are necessary to pay the allowance.
44.3.5.2.3
Other leave entitlements, e.g., recreation leave, sick leave and
extended leave will accrue at the single time rate where an
employee takes extended leave at double time.
44.3.5.2.4
Superannuation contributions will only be made on the basis
of the actual absence from work, i.e., at the single time rate.
44.3.5.2.5
Where an officer elects to take extended leave at double pay,
the minimum period of actual absence should be not less than
one (1) week.
Where a public holiday falls during a period of extended leave the officer
shall be paid for that day and additionally it shall not be deducted from the
period of the leave.
44.3.5.3.1
44.4
In respect of public holidays that fall during a period of
double pay extended leave an officer will not be debited in
respect of the leave on a public holiday. The officer’s leave
balance will however be reduced by an additional day to fund
the non-superable taxable allowance.
Sick Leave
44.4.1
44.5
8 July 2005
Sick Leave on full pay accumulates at the rate of fifteen (15) days each calendar year, and
any such accrued leave not taken is fully cumulative.
For the purpose of this clause "service" means continuous service.
45. General Conditions of Employment
45.1
Except as otherwise provided for in this Award, Executive Officers shall be entitled to and shall observe
the conditions of employment covering officers employed in organisations listed in Schedule 1 of the
Public Sector Employment and Management Act 2002 and also as contained in the Regulation made
under the PSM Act and the Personnel Handbook.
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46. Relieving Superintendents
46.1
In addition to the other provisions prescribed by this Award, relieving Superintendents shall be entitled
to receive the following:
46.1.1
Subject to the operational requirements of the Department, a relieving Superintendent
shall be entitled to return to home base during a relief period for one weekend for each
four consecutive completed weeks of relieving duty;
46.1.2
When the relieving Superintendent is entitled to return to home base, the relieving
Superintendent may use:
46.1.2.1
a designated Departmental vehicle; or
46.1.2.2
return air travel at a cost to the Department no greater than the standard
economy class air fare. Provided that return to home base by air travel will
only be approved in cases where in the opinion of the Department it is more
efficient for the relieving Superintendent to travel by air.
46.2
The entitlement of return to home base prescribed by subclause 46.1.1, is subject to the approval of the
Chief Superintendent responsible for the Zone in which the relieving Superintendent is relieving and the
ability of emergencies to be handled by an adjacent Superintendent.
46.3
Apart from the provisions of this clause, relieving Superintendents returning to home base in terms of
subclause 46.1.1 shall not be entitled to any other provisions, including travelling time.
47. Rental of Premises
47.1
For the purposes of this clause "accommodation" and "market rental" have the same meaning as defined
in sub-clauses 30.1.1 and 30.1.3 of Clause 30.
47.2
Except as provided for in subclause 47.4, where an Executive Officer is required to and does occupy
accommodation, the Department shall deduct from the rate of pay of the Executive Officer an amount
per week equal to 5% of the weekly equivalent of the Executive Officers' annual salary as prescribed in
Tables 1.1 to 1.3 of Part D or 50% of the market rental of the accommodation, whichever is the lesser.
47.3
The weekly equivalent referred to in subclause 47.2 shall be derived by multiplying the annual salary by
7 and dividing the result by 365.25.
47.4
An Executive Officer who has entered into, or subsequently enters into private tenancy arrangements
with the Department is not entitled to the provisions of this clause.
48. Leave Reserved
Leave is reserved to the parties to apply by agreement for the variation of the following clauses during the life
of this Award:
Clause 16
Training Course Attendance Entitlements
Clause 17
Annual Leave
Clause 26
Travelling Compensation
Clause 29
Transferred Employees’ Compensation
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49. Area, Incidence and Duration
49.1
This Award rescinds and replaces the Crown Employees (NSW Fire Brigades Firefighting Staff) Award
2004 published 28 January 2005 (348 IG 142).
49.2
This Award shall apply to all employees as defined in Clause 4, Definitions, of this Award and shall take
effect on and from the beginning of the first pay period to commence on or after 24 February 2005, and
shall remain in force until 23 February 2008.
PART D
MONETARY RATES
Table 1.1 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2005 (4% Increase)
Classification
Recruit Firefighter
Firefighter Level 1
Firefighter Level 2
Firefighter Level 3
Firefighter Level 4
Qualified Firefighter
Senior Firefighter
Leading Firefighter
Station Officer Level 1
Station Officer Level 2
Inspector
Superintendent
Chief Superintendent Level 1
Chief Superintendent Level 2
Rate
of Pay
$
811.53
841.66
881.66
921.72
961.78
1,001.90
1,042.00
1,122.15
1,202.24
1,252.41
1,489.40
Roster
Total
Allowance
Weekly Rate
$
$
0.00
811.53
36.82
878.48
38.57
920.23
40.33
962.05
42.08
1,003.86
43.83
1,045.73
45.59
1,087.59
49.09
1,171.24
52.60
1,254.84
54.79
1,307.20
65.16
1,554.56
101,811 per annum
105,362 per annum
110,001 per annum
Table 1.2 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2006 (4% Increase)
Classification
Recruit Firefighter
Firefighter Level 1
Firefighter Level 2
Firefighter Level 3
Firefighter Level 4
Qualified Firefighter
Senior Firefighter
Leading Firefighter
Station Officer Level 1
Station Officer Level 2
Inspector
Superintendent
Chief Superintendent Level 1
Chief Superintendent Level 2
Rate
of Pay
$
843.99
875.33
916.93
958.59
1,000.25
1,041.98
1,083.68
1,167.04
1,250.33
1,302.51
1,548.98
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Roster
Total
Allowance
Weekly Rate
$
$
0.00
843.99
38.30
913.63
40.12
957.05
41.94
1,000.53
43.76
1,044.01
45.59
1,087.57
47.41
1,131.09
51.06
1,218.10
54.70
1,305.03
56.98
1,359.49
67.77
1,616.75
105,883 per annum
109,576 per annum
114,401 per annum
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Table 1.3 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2007 (4% Increase)
Classification
Recruit Firefighter
Firefighter Level 1
Firefighter Level 2
Firefighter Level 3
Firefighter Level 4
Qualified Firefighter
Senior Firefighter
Leading Firefighter
Station Officer Level 1
Station Officer Level 2
Inspector
Superintendent
Chief Superintendent Level 1
Chief Superintendent Level 2
Rate
of Pay
$
877.75
910.34
953.61
996.93
1,040.26
1,083.66
1,127.03
1,213.72
1,300.34
1,354.61
1,610.94
Roster
Total
Allowance
Weekly Rate
$
$
0.00
877.75
39.83
950.16
41.72
995.33
43.62
1,040.55
45.51
1,085.77
47.41
1,131.07
49.31
1,176.34
53.10
1,266.82
56.89
1,357.23
59.26
1,413.87
70.48
1,681.42
110,118 per annum
113,959 per annum
118,977 per annum
Table 2.1 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2005 (4% Increase)
Classification
Rate
$
1,186.54 per week
1,402.62 per week
1,704.92 per week
102,481 per annum
110,002 per annum
Operational Support Level 1
Operational Support Level 2
Operational Support Level 3
Operational Support Level 4
Operational Support Level 5
Table 2.2 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2006 (4% Increase)
Classification
Rate
$
1,234.00 per week
1,458.72 per week
1,773.12 per week
106,580 per annum
114,402 per annum
Operational Support Level 1
Operational Support Level 2
Operational Support Level 3
Operational Support Level 4
Operational Support Level 5
Table 2.3 - Rates of Pay effective from the beginning of the first pay period to commence on or after 24
February 2007 (4% Increase)
Classification
Rate
$
1,283.36 per week
1,517.07 per week
1,844.04 per week
110,843 per annum
118,978 per annum
Operational Support Level 1
Operational Support Level 2
Operational Support Level 3
Operational Support Level 4
Operational Support Level 5
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8 July 2005
MONETARY RATES
Table 3 - Allowances
The following allowances are effective from the beginning of the first pay period to commence on or after
the date shown
Item
Clause
1
2
3
4
7
6.6.1
6.6.2
6.6.3
6.6.4 &
12.4 - 12.7
10.2.2
10.2.1 &
10.3.1.2
12.4 - 12.7
9
6.6.6
Turntable ladder driving qualifications
10
6.6.7
11
6.6.8
Turntable ladder driving qualifications/
if called upon to drive
Rescue Monitor qualifications
12
6.6.9
13
6.6.10
14
6.6.11
15
6.6.12
16
6.6.13
17
6.6.14
5
6
18
6.6.15
19
6.6.16
20
6.6.17
21
22
6.6.18
6.6.19
23
24
25
9.7
30.3.1
25.2.8.4
Description
Unit
Laundry expenses
Stand By
Employee at Broken Hill or Moree
Kilometre Allowance (Relieving)
per week
per km
per week
per km
Meal Allowance
Refreshment Allowance
per meal
per meal
Relieving Allowance
per rostered
shift
per rostered
shift
per shift
per rostered
shift
per rostered
shift
per rostered
shift
per rostered
shift
per rostered
shift
per rostered
shift
per rostered
shift
Rescue Monitor qualifications when on
duty/in charge
Hydraulic Platform Appliance competent to drive
Hydraulic Platform Appliance - on
duty/called upon to drive
Firefighters and Officers, BA/Hazmat
Sections
Assigned to Hazmat appliance Berkeley Vale
When Fleet Operations Officer, if
competent to drive Hydraulic Platform
Appliance
When Fleet Operations Officer, if called per rostered
upon to drive Hydraulic Platform
shift
Appliance
Use of own vehicle to attend incident
per km
whilst off duty
Drive Motor
per rostered
shift
Officers/Senior Officers - Country
per week
Rescue Operator - SRB Accredited
per rostered
shift
Recall Kilometre Allowance
per km
Accommodation contribution
per week
Stand By Rate
Periods of less than 24 hours
Periods of 24 hours
- 353 -
Amount Amount Amount
24/02/05 24/02/06 24/02/07
$
$
$
26.49
27.55
28.65
0.86
0.89
0.93
20.79
21.62
22.48
0.86
0.89
0.93
20.55
10.30
20.55
10.30
20.55
10.30
23.00
23.92
24.88
1.89
1.97
2.05
5.94
6.18
6.43
0.47
0.49
0.51
4.86
5.05
5.25
1.67
1.74
1.81
5.53
5.75
5.98
25.89
26.93
28.01
12.95
13.47
14.01
1.67
1.74
1.81
5.53
5.75
5.98
0.86
0.89
0.93
3.98
5.41
4.14
5.63
4.31
5.86
9.93
0.86
27.50
10.33
0.89
28.60
10.74
0.93
29.70
10.75
16.12
11.17
16.76
11.62
17.43
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
NOTE: The amounts specified per shift or per rostered shift in Table 3 are based on the 10/14 Roster and use an
average of 12 hours per shift. In cases where employees work an 8 hour shift, the rates shall be correspondingly
reduced by dividing the figures shown by 1.5.
Table 4 - Travelling/Transferred Employees Compensation Allowances
Item No
Clause No
1
26.6.4 &
25.2.3 &
29.6.5 &
29.8.1
Description
Specific Journey Rate
(Dependent on Engine Capacity)
over 2700cc
Unit
Cents per
km
27.5
1600 to 2700cc
25.5
under 1600cc
21.5
2
3
25.2.8.4
26.1.3
Stand By Rate - see Item 25 in Table 4
Hourly Rate - Travelling Compensation
per hour
4
26.3.1.1
Breakfast
per meal
5
26.3.1.2
Lunch
per meal
6
7
26.3.1.3
26.4.1
Dinner
Accommodation first 35 days (includes all
meals)
Capital Cities
Sydney
Adelaide
Brisbane
Canberra
Darwin
Hobart
Melbourne
Perth
per meal
per day
8
9
26.4.2
26.4.3
10
11
26.5
26.6.5.4
&
29.8.4
24/02/05
Rate
$
33.87
##
^^
18.40
16.40
##
^^
20.55
18.75
##
^^
35.40
32.40
245.55
219.55
214.55
191.55
210.55
192.55
238.55
205.55
High Cost Country Centres
Newcastle
Wollongong
196.55
188.55
Tier 2 Country Centres
Bathurst
Maitland
Wagga Wagga
166.75
166.75
166.75
Other Country Centres
Actual Necessary Expenses - all locations
Accommodation - after first 35 days up to
6months - all locations
Incidental Expenses
Official Business Rate (Dependant on
Engine Capacity)
Over 2700cc
1600 to 2700cc
under 1600cc
- 354 -
per day
per day
per day
Cents per km
151.75
14.20
50% of the
appropriate
location rate
14.20
77.4
72.0
51.6
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
12
29.5.1 29.5.3
Temporary Accommodation
per week
(up to a
maximum of)
13
29.5.2
14
15
29.5.4.1
29.5.4.2.
Board & Lodging expenses to be covered by
Employee
Laundry Allowance - Officer only rate
Laundry Allowance - Officer and
Dependants rate
16
29.6.2
17
29.6.3.2
18
29.6.3.2
19
29.9.2
20
29.9.2
21
29.10.6
&
29.11.3.2
Cost of Insurance of Furniture and Effects
in transit and in Storage
Accelerated depreciation of
personal/household effects in transit
Value of furnishings and fittings
Board & Lodging to be covered by
parent/guardian
Board & Lodging cost for Dependent
staying in initial location due to Year 12
subjects
Relocation - City to Country for sale of
property
per week
per week
per week
(actual
expenses to
maximum)
(up to a
maximum of)
(up to a
maximum of)
(up to a
maximum of)
254.00
51.00
4.50
13.00
38,000
1,126
7,037
per week
27.00
per week
56.00
(up to a
maximum of)
417,000
Legend:
Effective Dates are with effect from the first pay period to commence on or after the date.
## = Capital Cities & High Cost Country Centres - includes all Capital Cities, Newcastle, and
Wollongong.
^^ = Tier 2 Country Centres & Other Country Centres including Bathurst, Gosford, Orange, Wagga
Wagga and all other country centres.
Table 5 - Temporary Accommodation Contribution Allowances
Clause No
29.5.1
Salary of Officer
and Spouse
Rate of Pay
$
453.62 and over
Per Week
$
164
Each Dependent
Child 6 years of age and over
(Max. contribution $54 per week)
Per Week
$
11
F. L. WRIGHT J, President.
R. P. BOLAND J.
J. P. GRAYSON D.P.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 355 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(749)
SERIAL C3653
ADVERTISING SALES REPRESENTATIVES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the National Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 4861 of 2004)
Before Commissioner Patterson
27 August 2004
VARIATION
1.
Delete subclause (b) of clause 6, Arbitrated Safety Net Adjustments, of the award published 11 May
2001 (324 I.G. 738), and insert in lieu thereof the following:
(b)
2.
The rates of pay in this award include the adjustments payable under the State Wage Case 2004.
These adjustments may be offset against:
(i)
any equivalent overaward payments; and/or
(ii)
award wage increases since 29 May 1991, other than safety net, State Wage Case, and
minimum rates adjustments.
Delete Table 1 - Rates of Pay, of Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of Pay
Classification
Representative
Probationary Representative
At 17 years of age
At 18 years of age
At 19 years of age
At 20 years of age
3.
Former Award Rate
(Per Week)
26 October 2003
$
519.50
484.20
253.00
303.30
353.70
404.40
Minimum Award Wage Rate
Per Week
26 October 2004
$
538.20
503.20
261.90
313.90
366.10
418.60
This variation shall take effect from the first pay period commencing on or after 26 October 2004.
R. J. PATTERSON, Commissioner.
__________________
Printed by the authority of the Industrial Registrar.
- 356 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(540)
SERIAL C3651
PET FOOD MANUFACTURERS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the National Union of Workers, New South Wales Branch industrial organisation of employees.
(No. IRC 4859 of 2004)
Before Commissioner Patterson
27 August 2004
VARIATION
1.
Delete subclause (ii) of clause 7, Rates of Pay, of the award published 24 November 2000 (320 I.G.
563), and insert in lieu thereof the following:
(ii)
2.
The rates of pay in this award include the adjustments payable under the State Wage Case 2004.
These adjustments may be offset against:
(a)
any equivalent overaward payments; and/or
(b)
award wage increases since 29 May 1991 other than safety net, State Wage Case, and
minimum rates adjustments.
Delete Table 1 (A) - Wages, of Appendix A - Wage Rates, and insert in lieu thereof the following:
Table 1 (A) - Wages
(i)
Adults
Classifications
Leading Hand in Charge of Over 10 Employees
Leading Hand in Charge of 6 to 10 Employees
Leading Hand in Charge of 1 to 5 Employees
Expander Line Operator
Baker
Doughperson
Packing Machine Operator-Setter
Flavourperson
Storeperson - Head
Blender
Forklift - Storeperson
Ovensperson
Biscuit Machine Attendant
Packer Grade A Bulk - 10 Kilos and Over
Grade B Packets Up to 5 Kilos
Grade C Machine Attendant
Bag Handler
Flavour Processor
Storeman General
General Hand
- 357 -
Former Award Rate
(Per Week)
2 October 2003
$
500.70
495.20
492.60
481.10
476.90
476.90
476.90
476.90
476.90
471.30
471.30
471.30
471.30
Minimum Award Wage
Rate(Per Week)
2 October 2004
$
519.70
514.20
511.60
500.10
495.90
495.90
495.90
495.90
495.90
490.30
490.30
490.30
490.30
471.30
464.00
459.60
466.00
466.00
459.60
448.40
490.30
483.00
478.60
485.00
485.00
478.60
467.40
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
3.
8 July 2005
Delete Appendix B - Allowances, and insert in lieu thereof the following:
APPENDIX B
Allowances
4.
Item No.
Clause No.
Subject
Amount
$
1
5(i)
Day, Afternoon and Night Shift - Regular Weekly rotation
2
3
5(ii)
5(iii)
4
5
6
7
8
9
5(iv)
5(v)
5(vi)
6(iv)
6(iv)
20(i)
Day and Night Shift only in regular weekly rotation
Afternoon and Night Shift only in regular weekly
rotation
Afternoon Shift only
Permanent Night Shift
Change of Shift During any Week (for each change)
First Meal Allowance
Second Meal Allowance
Carry bags weighing in Excess of 68 Kilograms
51.45 per week
51.45 per week
75.95 per week
75.95 per week
113.45 per week
30.11
6.50 per meal
5.45 per meal
0.31 cents per hour
This variation shall take effect from the first pay period commencing on or after 2 October 2004.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 358 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(631)
SERIAL C3649
STOREMEN AND PACKERS, WHOLESALE PAINT, VARNISH AND
COLOUR STORES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 4856 of 2004)
Before Commissioner Patterson
27 August 2004
VARIATION
1.
Delete subclause (vi) of clause 5, Wages of the award published 14 December 2001 (330 I.G. 327), and
insert in lieu thereof the following:
(vi)
2.
The rates of pay in this award include the adjustments payable under the State Wage Case 2004.
These adjustments may be offset against:
(a)
any equivalent overaward payments; and/or
(b)
award wage increases since 29 May 1991, other than safety net, State Wage Case and
minimum rates adjustment.
Delete Part B Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Minimum Award Wage Rates
Classification
Minimum Award Wage
Rate(Per Week)
SWC
26 November 2003
$
Minimum Award
Wage Rate(Per Week)
SWC
26 November 2004
$
542.20
561.20
508.50
508.50
527.30
527.30
508.50
527.50
527.50
546.30
546.30
527.50
502.70
521.70
487.70
506.70
Adults:
Head Storeman/Storewoman
Drivers of Mobile Crane:
Lifting Capacity:
Up to and including 5 tonnes
Exceeding 5 tonnes but not exceeding 10 tonnes
Exceeding 10 tonnes but not exceeding 20 tonnes
Over 20 tonnes
Drivers of Forklift:
All other Employees 12 months or more:
All Other Employees Less than 12 months:
- 359 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Table 2 - Other Rates and Allowances
3.
Item No.
Clause No.
1
2
3
4
5
6
7
8
5(iv)(a)
5(iv)(a)
5(iv)(a)
5(iv)(b)
5(v)a
5(v)b
9
Description
Amount
$
Dry Colour Section:
Weekly Employees
Casual Labor
Juniors
Open Containers and weigh dry colour
Operates a forklift
Operates a Mobile Crane
Meal Allowance
Leading Hand
In charge of 1-5
In charge of 6-10
In charge of 11-15
In charge of over 15
1.30 per week
2.73 per hour
1.30 per week
91 cents/week
63 cents/hour
78 cents/hour
9.65 per meal
16.05 per week
24.15 per week
33.05 per week
41.50 per week
This variation shall take effect from the first period commencing on or after 26 November 2004.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 360 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(626)
SERIAL C3668
STOREMEN AND PACKERS, WHOLESALE DRUG STORES (STATE)
AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 4854 of 2004)
Before Commissioner Patterson
27 August 2004
VARIATION
1.
Delete subclause (b) of clause 5, Arbitrated Safety Net Adjustments, of the award published 23 April
1999 (309 I.G. 13), and insert in lieu thereof the following:
(b)
2.
The rates of pay in this award include the adjustments payable under the State Wage Case of May
2004. These adjustments may be offset against:
(A)
any equivalent overaward payments; and/or
(B)
award wage increases since 29 May 1991, other than safety net, State Wage Case, and
minimum rates adjustments.
Delete Schedule A - Minimum Award Wage Rates, and insert in lieu thereof the following:
SCHEDULE A
Minimum Award Wage Rates
Classification
Storemen and Packer - Level 1
Storemen and Packer - Level 2
Storemen and Packer - Level 3
Storemen and Packer - Level 4
Storemen and Packer - Level 5
3.
Former Award Rate
6 October 2003
$
487.70
502.70
508.50
527.30
542.20
Minimum Award Wage
Rates Per Week
6 October 2004
$
506.70
521.70
527.50
546.30
561.20
Delete Schedule B, Allowances and Special Rates, and insert in lieu thereof the following:
- 361 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
SCHEDULE B
Allowances and Special Rates
Item No.
1
2
3
4
5
6
7
8
9
10
11
4.
Subject
In charge of 1 - 5 employees
In charge of 6 - 10 employees
In charge of more than 10 employees
Hazardous stores work
Forklift Allowance
Mobile Crane Allowance
Morning/Afternoon shift allowance
Night shift allowance
Travel allowance
Meal allowance
First Aid Attendant
Amount
$
21.31 per week
25.40 per week
30.78 per week
1.29 per day
62 cents per hour
76 cents per hour
11.21 per shift
15.00 per shift
61 cents per kilometre
9.65 per meal
2.45 per day
This variation shall take effect from the first pay period commencing on or after 6 October 2004.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 362 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(709)
SERIAL C3657
STARCH MANUFACTURERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the National Union of Workers, New South Wales Branch industrial organisation of employees.
(No. IRC 4865of 2004)
Before Commissioner Patterson
27 August 2004
VARIATION
1.
Delete subclause (v) of clause 2, Rates of Pay, of the award published 8 June 2001 (325 I.G. 370), and
insert in lieu thereof the following:
(v)
2.
The rates of pay in this award include the adjustments payable under the State Wage Case 2004.
These adjustments may be offset against:
(a)
any equivalent over award payments; and/or
(b)
award wage increases since 29 May 1991 other than safety net, State Wage Case, and
minimum rates adjustments.
Delete Table (a), Adults, of Division I - Wheaten Starch, and Division II - Starch (Other than Wheaten
Starch) of Appendix 1 - Wage Rates, and insert in lieu thereof the following:
(a)
Adults: The following weekly wage shall be paid:
Classifications
Process Attendants - Hydrolyzed
Protein
Process Attendants - Other
Forklift Drivers
All Other Employees
(ii)
Former Award Rate
(Per Week)
14 October 2003
$
Minimum Award Rate
(Per Week)
14 October 2004
$
489.60
479.70
483.50
465.60
508.60
498.70
502.50
484.60
Division II - Starch (Other Than Wheaten Starch)
(a)
Adults: The following weekly rates shall be paid:
Classifications
Feedhouse Dryer Operator
Starch Treater
Starch/Gluten Separator Operator
Germ/Fibre Separator Operator
Evaporator Operator
Starch Dryer Operator
Gluten Dryer Operator
Expeller Operator (Oil)
Former Award Rate
(Per Week)
14 October 2003
$
476.40
476.40
476.40
476.40
471.10
471.10
471.10
471.10
- 363 -
Minimum Award Rate
(Per Week)
14 October 2004
$
495.40
495.40
495.40
495.40
490.10
490.10
490.10
490.10
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
Steepperson
Forklift Driver
Dry Blend Operator
Drum Dryer Operator
Feed Packer
Starch Packer
Filter Press Operator
All Other Employees
3.
8 July 2005
471.10
471.10
465.80
465.80
462.20
462.20
462.20
452.60
490.10
490.10
484.80
484.80
481.20
481.20
481.20
471.60
Delete Appendix 2 - Other Rates and Allowances, and insert in lieu thereof the following:
Appendix 2 - Other Rates and Allowances
Item 1
Item 2
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
Item 9
Item 10
Item 11
Item 12
Item 13
Item 14
Item 15
4.
Additional Rates
Leading Hands
First Aid
Afternoon Shifts (Division 1)
Rotating Night Shifts (Division 1)
Non-rotating night shift (Division 1)
Change of Shift Allowance (Division 1)
Day, Afternoon and Night Shifts in regular
weekly rotation (Division 1)
Day and night shifts only in regular weekly
rotation (Division 11)
Afternoon and Night Shifts only in regular
weekly rotation (Division 11)
Afternoon Shifts only (Division 11)
Permanent night shifts only (Division 11)
Change of Shift Allowances (Division 11)
Payment with meal relief on day shift
Meal Allowance
43 cents per hour
3.85 per day
8.30 per week
19.30 per shift
24.00 per shift
29.33 per shift
16.06 per shift
49.15 per week
49.16 per week
72.65 per week
72.70 per week
109.00 per week
25.30 per week
1.90 per shift
6.50 per meal
This variation shall take effect from the first pay period commencing on or after 14 October, 2004.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 364 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(571)
SERIAL C3616
ENTERTAINMENT AND BROADCASTING INDUSTRY - CINEMA
(STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance (New South Wales Branch), industrial organisation of
employees.
(No. IRC 303 of 2005)
Before Commissioner Macdonald
16 February 2005
VARIATION
1.
Delete subclause 15.1 of clause 15, Classifications and Rates of Pay, of Part 5, Wages and Related
Matters, of the award published 6 October 2000 (319 I.G. 20), and insert in lieu thereof the following:
Wage Rates
15.1
Wage Rates - the following will be the minimum weekly rates of pay to operate from the
beginning of the first pay period on or after 16 February 2005.
Classification
Cinema Worker Grade 1
Cinema Worker Grade 2
Cinema Worker Grade 3
New Base Rate
Per Week*
$
486.00
527.70
623.65
Penalty Averaging
Per Week**
$
38.88
42.22
49.89
Minimum Rate
Per Week
$
524.88
569.92
673.54
Note: The above rates are based on relativities to the metal trade at 87%, 97% and 120%.
* Base rate included $17.00 State Wage Increase.
** Penalty averaging components are calculated at 8%.
(B)
The following will be the minimum weekly rates of pay to operate from the beginning of the first
pay period on or after 16 February 2006.
Classification
Cinema Worker Grade 1
Cinema Worker Grade 2
Cinema Worker Grade 3
New Base Rate
Per Week*
$
505.00
546.70
642.65
Penalty Averaging
Per Week**
$
40.40
43.74
51.41
Minimum Rate
Per Week
$
545.40
590.44
694.06
Note: The above rates are based on relativities to the metal trade at 87%, 97% and 120%.
* Base rate included $19.00 State Wage Increase.
** Penalty averaging components are calculated at 8%.
- 365 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
2.
Delete paragraph 15.5.1 of subclause 15.5 of the said clause 15 and insert in lieu thereof the following:
15.5.1
15.5.2
3.
(a)
any equivalent over award payments; and/or
(b)
award wage increase since 29 May 1991 other than safety net, State Wage Case,
and Minimum rates adjustments.
The rates of pay in this award include the adjustments payable under the State Wage Cases
of 2004. These adjustments may be offset against:
(a)
any equivalent overaward payments; and/or
(b)
award wage increases since 29 May 1991 other than safety net, State Wage Case,
and minimum rates adjustments.
The employers will pay an employee who is required to wear a costume or uniform more
unusual than is reasonably necessary for the performance of his or her work, an allowance
of:
(a)
if engaged by the week - $4.31 per week
(b)
if engaged other than by the week - 87 cents per performance
Delete paragraph 18.3.1, of the said clause 18, and insert in lieu thereof the following:
18.3.1
5.
The rates of pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset against:
Delete paragraph 18.2.1, of clause 18, Allowances, and insert in lieu thereof the following:
18.2.1
4.
8 July 2005
The employer will pay an employee an allowance of $1.41 per rostered day up to a
maximum of $6.88 per week, where the employee is responsible for the laundering and/or
cleaning of a uniform.
This variation shall take effect from the first pay period to commence on and after 16 February 2005.
A. W. MACDONALD, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 366 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(183)
SERIAL C3543
TRANSPORT INDUSTRY - CAR CARRIERS (NSW) CONTRACT
DETERMINATION
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of
employees.
(No. IRC 7198 of 2004)
Before Mr Deputy President Sams
9 February 2005
VARIATION
1.
Delete Schedule 1 - Rates of Remuneration of the Contract Determination published 22 December 2000
(321 I.G. 264) as varied, and insert in lieu thereof the following:
SCHEDULE 1
Rates Of Remuneration
(i)
(ii)
This schedule contains the following tables:
Table A:
Rates of remuneration for local and interstate work where the contract carrier supplies
the prime mover only.
Table B:
Rates of remuneration for local and intrastate work where the contract carrier supplies
both the prime mover and the trailer.
Table C:
Rates of remuneration for local and intrastate work where the contract carrier supplies
the prime mover and the tyres for the principal contractor's trailer.
Table D:
Deemed distances to apply for common trips from the Sydney Metropolitan Area to
towns within the State of New South Wales, for the purpose of calculating intrastate
remuneration.
Table E:
Deemed distances to apply for common round trips originating and terminating in the
Sydney Metropolitan Area and passing through towns within the State of New South
Wales, for the purposes of calculating intrastate remuneration.
Where:
(a)
a carrier performs a contract of carriage within the area, incidence and duration of this
determination; and
(b)
the carrier is eligible to claim a rebate pursuant to the Commonwealth Government’s Energy
Grants (Credits) Scheme (‘the scheme’) for that contract of carriage; and
(c)
the carrier has been requested to apply for the rebate pursuant to the scheme by the principal
contractor;
the principal contractor may reduce the cartage rates payable in Tables "A", "B" and "C" of Schedule II
of this determination up to a maximum reduction of 2.43% of the rate otherwise payable to the carrier for
the performance of that contract of carriage.
- 367 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(iii)
Should a carrier become ineligible to claim a rebate pursuant to the scheme or the scheme is abolished
then the principal contractor shall not be permitted to reduce the cartage rates pursuant to sub-clause (ii).
(iv)
Should the scheme be abolished or altered or modified leave is reserved to the parties to make
application in relation to sub-clauses (ii) and (iii).
(v)
On the next application, by either party, for percentage changes to the rates payable to Contract Carriers
pursuant to Schedule 2 of this determination, the percentage changes in respect of Table C shall be
applied not to Table C but to Table C1 which is contained in schedule 3.
(vi)
Any rate in Table C1 which, after the application of the percentage change, exceeds the corresponding
rate in Table C, shall replace that rate in Table C. Table C will remain otherwise unchanged.
(vii)
The parties agree that schedule 3 and clauses (v), (vi) and (vii) of this Schedule will be deleted from this
Contract Determination by consent when each and every rate in Table C1 exceeds the corresponding rate
in Table C. It is acknowledged that this process might take more than one application in accordance
with schedule 2.
2.
Delete Tables A, B and C of the said Schedule 1, and insert in lieu thereof the following:
Table A
Zone
1
2
3
4
5
Zone
1
2
3
4
5
1 Car
Capacity
$
26.40
39.89
51.13
60.10
66.85
1 Car
Capacity
$
26.40
39.89
51.13
60.10
66.85
Vehicle
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car Tilt
Local Work
Zone Rates per Car Carriage - Prime Mover
3 Car
4 Car
5 Car
Capacity
Capacity
Capacity
$
$
$
41.82
55.31
68.94
62.21
78.39
94.96
78.54
96.87
117.75
92.40
115.23
140.60
111.18
133.63
163.39
Rate per Car Delivered
3 Car
4 Car
5 Car
Capacity
Capacity
Capacity
$
$
$
13.94
13.83
13.79
20.74
19.60
18.99
26.18
24.22
23.55
30.80
28.81
28.12
37.06
33.41
32.68
Standing and Running Rate
Per Hour
$
33.70
40.80
46.10
48.91
52.88
39.40
- 368 -
6 Car
Capacity
$
75.76
103.91
128.68
153.32
178.08
1 Car
Tilt
$
30.87
46.64
59.76
70.28
78.15
6 Car
1 Car
Capacity
Tilt
$
$
12.63
30.87
17.32
46.64
21.45
59.76
25.55
70.28
29.68
78.15
Standing Time Rate
Per Hour
$
26.14
32.40
36.88
38.62
42.19
30.18
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
Vehicle
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car Tilt
8 July 2005
Intrastate Work
Standing & Running Rates - Cents per kilometre
64.94
93.02
102.99
114.26
122.82
76.18
Table B
Zone
1
2
3
4
5
Zone
1
2
3
4
5
Local Work
Zone Rates per Car Carriage - Prime Mover & Trailer
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car
Capacity
Capacity
Capacity
Capacity
Capacity
Tilt
$
$
$
$
$
$
27.48
46.88
62.62
79.26
86.85
33.46
41.52
69.73
88.62
109.39
120.67
50.54
53.21
88.05
109.48
135.57
149.43
64.78
62.54
106.29
130.34
161.90
178.08
76.20
69.58
124.61
151.16
188.13
206.78
84.71
Rate per Car Delivered
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car
Capacity
Capacity
Capacity
Capacity
Capacity
Tilt
$
$
$
$
$
$
27.48
15.63
15.66
15.85
14.48
33.46
41.52
23.24
22.15
21.88
20.11
50.54
53.21
29.35
27.37
27.11
24.91
64.78
62.54
35.43
32.58
32.38
29.68
76.20
69.58
41.54
37.79
37.63
34.46
84.71
Vehicle
Standing and Running Rate
Standing Time Rate
Per Hour
Per Hour
$
$
1 Car
35.08
27.44
3 Car
45.74
32.80
4 Car
52.15
37.74
5 Car
56.30
40.15
6 Car
61.39
46.66
1 Car Tilt
42.71
33.07
Intrastate Work
Vehicle
Standing & Running Rate - Cents per kilometre
1 Car
63.85
3 Car
99.11
4 Car
110.05
5 Car
122.23
6 Car
127.58
1 Car Tilt
78.63
- 369 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Table C (Including 2% trailer hire)
Zone
1
2
3
4
5
Zone
1
2
3
4
5
Local Work
Zone Rates per Car Carriage - Prime Mover
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car
Capacity
Capacity
Capacity
Capacity
Capacity
Tilt
$
$
$
$
$
$
26.71
42.35
56.55
70.02
77.06
30.85
40.37
62.98
80.12
96.55
105.70
46.60
51.75
79.52
98.97
119.19
130.77
59.73
60.85
96.03
117.82
142.91
155.84
70.23
67.65
112.57
136.66
166.16
180.91
78.12
Rate per Car Delivered
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car
Capacity
Capacity
Capacity
Capacity
Capacity
Tilt
$
$
$
$
$
$
26.71
14.12
14.14
14.00
12.84
30.85
40.37
20.99
20.03
19.31
17.62
46.60
51.75
26.51
24.74
23.84
21.80
59.73
60.85
32.01
29.45
28.58
25.97
70.23
67.65
37.52
34.17
33.23
30.15
78.12
Vehicle
Standing and Running Rate
Standing Time Rate
Per Hour
Per Hour
$
$
1 Car
34.11
26.11
3 Car
41.31
32.39
4 Car
47.13
36.87
5 Car
49.72
38.60
6 Car
53.74
42.16
1 Car Tilt
39.39
30.15
Intrastate Work
Vehicle
Cents per kilometre
1 Car
66.50
3 Car
95.64
4 Car
108.19
5 Car
118.69
6 Car
127.71
1 Car Tilt
76.13
The rates in this table do not form part of the remuneration payable to contract carriers under this determination
3.
Delete Schedule 2 - Procedure and Time for Adjustment of Rates and Amounts, and insert in lieu thereof
the following:
SCHEDULE 2
Procedure and Time for Adjustment of Rates and Amounts
1.
The rates prescribed in Schedule of Part III may be adjusted each year upon application to the Industrial
Relations Commission.
2.
Applications for adjustment shall be made by reference to the calculated weighted movements in the
following benchmarks for each cost component, calculated as at the end of the September Quarter each
year.
- 370 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
Component
Wages
Capital
8 July 2005
Benchmark
Transport Industry (State) Award, Grade Three Transport Worker
ABS Consumer Price Index (CPI), Transportation Group,
Motor Vehicles
ABS CPI Miscellaneous Group, Insurance Services
ABS CPI, Transportation Group, Other Motoring Charges
ABS CPI, Transportation Group, Motor Vehicle Repair
and Servicing
ABS CPI, Transportation Group, Motor Vehicle Parts and
Accessories
ABS CPI, Transportation Group, Automotive Fuel
ABS CPI, All Groups, Sydney
Insurances
Registration
Repairs &
Maintenance
Tyres
Fuel
Administration
Total
Current Weighting
38.90
20.15
10.42
4.26
6.23
1.26
16.45
2.33
100
3.
Each Cost Component shall be re-weighted after each adjustment.
4.
The Union and the New South Wales Road Transport Association shall confer with a view to reaching
agreement on any application for adjustment.
5.
If the benchmark for the cost components of insurances, tyres, repairs and maintenance, or fuel increases
between adjustments to the extent that it causes an increase to the total rates of 3 per cent or more, then
an interim adjustment may be applied for.
4.
Delete Schedule 3 - Table C1, and insert in lieu thereof the following:
SCHEDULE 3
Table C1
after application of 2004 increase (Including 2% Trailer Hire)
Zone
1
2
3
4
5
Zone
1
2
3
4
5
1 Car
Capacity
$
26.71
40.37
51.75
60.85
67.65
1 Car
Capacity
$
26.71
40.37
51.75
60.85
67.65
Vehicle
1 Car
3 Car
4 Car
Local Work
Zone Rates per Car Carriage - Prime Mover
3 Car
4 Car
5 Car
Capacity
Capacity
Capacity
$
$
$
42.35
56.55
70.02
62.98
80.12
96.55
79.52
98.97
119.19
96.03
117.82
142.91
112.57
136.66
166.16
Rate per Car Delivered
3 Car
4 Car
5 Car
Capacity
Capacity
Capacity
$
$
$
14.12
14.14
14.00
20.99
20.03
19.31
26.51
24.74
23.84
32.01
29.45
28.58
37.52
34.17
33.23
Standing and Running Rate
Per Hour
$
34.11
41.31
47.13
- 371 -
6 Car
Capacity
$
77.06
105.70
130.77
155.84
180.91
1 Car
Tilt
$
30.85
46.60
59.73
70.23
78.12
6 Car
1 Car
Capacity
Tilt
$
$
12.84
30.85
17.62
46.60
21.80
59.73
25.97
70.23
30.15
78.12
Standing Time Rate
Per Hour
$
26.11
32.39
36.87
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
5 Car
6 Car
1 Car Tilt
8 July 2005
49.72
53.74
39.39
Intrastate Work
Vehicle
1 Car
3 Car
4 Car
5 Car
6 Car
1 Car Tilt
38.60
42.16
30.15
Cents per kilometre
66.50
95.64
108.19
118.69
127.71
76.13
The rates in this table do not form part of the remuneration payable to contract carriers under this determination
5.
This variation shall take effect on and from 15 December 2004.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(283)
SERIAL C3756
DRAUGHTING EMPLOYEES, PLANNERS, TECHNICAL
EMPLOYEES, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Erratum to Serial C3479 published 25 March 2005
(No. IRC 5063 of 2004)
ERRATUM
1.
Delete in instruction 3, the weekly wage rate for a Junior Tracer at 17 years of age and insert in lieu
thereof the following:
$298.90
G. M. GRIMSON Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
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N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(076)
SERIAL C3782
BUTTER & CHEESE AND OTHER DAIRY PRODUCTS (STATE)
AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Erratum to Serial C3577 published 20 May 2005 (351 I.G. 305)
(No. IRC 7268 of 2004)
ERRATUM
1.
Delete Item 15 in Column B of Table 2 - Other Rates, of Part B, Monetary Rates and insert in lieu
thereof the following:
Item No
Clause No
15
8.10.2
Description
Laundry Allowance
Column B
Amount 2004
State Wage Case
$
5.04
G. M. GRIMSON Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
- 374 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(380)
SERIAL C3475
HEALTH EMPLOYEES' (STATE) AWARD
Erratum to Serial C2474 published 18 June 2004
(344 I.G. 985)
(No IRC 313 of 2002)
ERRATUM
1.
Delete clause 1 of the variation and substitute the following:
1.
Insert after subclause (xxxvi), of clause 1, Definitions, of the award published 6 November 1998 (307
I.G. 29),the following new subclauses (xxxvii), (xxxviii) (xxxix):
(xxxvii)
Sterilisation Technician - Grade 1 means a person who is primarily involved in the
sterilisation of hospital equipment and utensils and who is employed in a Sterile Supply
Department of the hospital. At this level the technician will be performing routine basic
tasks and is under routine supervision.
(xxxviii)
Sterilisation Technician - Grade 2 means a person who has completed a Certificate in
Sterilisation Technology at TAFE and is performing more complex tasks than a Grade 1
employee under only general supervision.
(xxxix)
Sterilisation Technician - Grade 3 means a person who performs the duties of a
Sterilisation Technician - Grade 2 who in addition is in a supervisory position or
performing specialised tasks at a higher degree of competency.
G. M. GRIMSON, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
- 375 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(380)
SERIAL C3476
HEALTH EMPLOYEES' (STATE) AWARD
Erratum to Serial C2774 published 16 July 2004
(345 I.G. 394)
(No IRC 3215 of 2002)
ERRATUM
1.
Delete clause 1 of the variation and substitute the following:
1.
Insert after subclause (xxxix), of clause 1, Definitions, of the award published 6 November 1998 (307 IG
29), the following new subclauses (xl) and (xli):
(XL) Trainee Patient Transport Officer - means an employee who is undertaking training and
workplace mentoring in order to successfully complete the requirements for appointment to a
‘Patient Transport Officer’ position.
(Xli) Patient Transport Officer - means an employee who has successfully completed the requirements
for appointment as a Patient Transport Officer and who has been appointed as such.
A Patient Transport Officer is required to have completed training in, and to undergo any
mandatory periodic refresher training required, in the following:
Advanced Cardio Pulmonary Resuscitation (CPR),
Gueddels Airways,
Basic life support skills,
Advanced first-aid,
Patient handling and lifting techniques,
Driver training,
Oxygen administration, and
Transport and handling of specialised equipment (eg. cardiac defibrillators).
The duties of a Patient Transport Officer include the routine and non-emergency transportation of
hospital patients utilising basic life support skills. Transportation can include single driver
transports (no escort if appropriate), or transportations with an appropriate escort. The decision
on whether or not a nurse accompanies a patient is made by the relevant Nurse Unit Manager.
The Corporation and Union shall consult, monitor and review the operation of this classification.
In the case of an emergency arising during the course of a non-escorted transportation, the Patient
Transport Officer is expected to apply the procedures from the training referred to above, and in
the case of an emergency arising during an escorted transportation, to assist or respond to the
direction of the clinical escort in the application of these procedures.
- 376 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
A Patient Transport Officer is responsible for maintaining the cleanliness of the vehicle,
maintaining appropriate stock levels, for carrying out equipment checks, and other associated
duties.
G. M. GRIMSON, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
- 377 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(116)
SERIAL C3772
CLEANING AND BUILDING SERVICES CONTRACTORS (STATE)
AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
(No. IRC 1065 of 2003)
Before Commissioner Macdonald
7 April 2005
ERRATUM
Erratum to Serial C1931 published 29 August 2003
(341 I.G. 173)
(No. IRC 1065 of 2003)
- 378 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
1.
8 July 2005
Delete Tables 6A and 6B of Part B, Monetary Rates and insert in lieu thereof the following:
Table 6A - Saturday and Sunday Ordinary Time Hourly Rates - Cleaning Services Stream (7(i), (v))
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2003:
Classification
Saturday
$
Cleaner Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker A
Day Shift Worker B#
Building Service
Employee Grade 1 Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker
Building Service
Employee Grade 2 Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker
Full-time Employees
Sunday
Sunday**
(A)
(B)
$
$
Saturday
$
Part-time Employees
Sunday
Sunday**
(A)
(B)
$
$
Saturday
$
Casual Employees
Sunday
Sunday**
(A)
(B)
$
$
23.3155
27.1038
32.6831
25.36
22.83
29.48
26.53
34.88
31.54
27.42
24.68
31.90
28.69
37.78
34.17
20.6948
18.5643
18.5643
24.0464
21.6584
21.6584
29.0523
25.7428
25.7428
22.83
22.83
23.48
26.53
26.53
27.31
31.54
31.54
32.62
24.68
24.68
26.41
28.69
28.69
29.54
34.17
34.17
35.34
24.6219
28.6279
34.4986
26.75
24.06
31.11
27.98
36.71
33.19
28.92
26.04
33.64
30.27
39.76
35.95
21.8470
19.5476
25.3905
22.8056
30.6535
27.1029
24.06
24.06
27.98
27.98
33.19
33.19
26.04
26.04
30.27
30.27
35.95
35.95
26.5975
30.9327
37.2244
28.92
26.03
33.64
30.26
39.58
35.76
31.28
28.16
36.39
32.76
41.86
38.75
23.5955
21.1085
27.4406
24.6267
33.0676
29.2665
26.03
26.03
30.26
30.26
35.76
35.76
28.16
28.16
32.76
32.76
38.75
38.75
NOTATION
* The rate of pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
# The rate of pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control
Board as defined in subclause (vii) of clause 3, Definitions.
** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
- 379 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
Table 6B - Saturday and Sunday Ordinary Time Hourly Rates - Cleaning Services Stream (7(i), (v))
The following rates shall take effect on and from the first full pay period to commence on or after 1 July 2004:
Classification
Saturday
$
Cleaner Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker A
Day Shift Worker B#
Building Service
Employee Grade 1 Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker
Building Service
Employee Grade 2 Night Shift Worker A*
Night Shift Worker B
Broken/Afternoon/Early
Morning Shift Worker
Day Shift Worker
Full-time Employees
Sunday
Sunday**
(A)
(B)
$
$
Saturday
$
Part-time Employees
Sunday
Sunday**
(A)
(B)
$
$
Saturday
$
Casual Employees
Sunday
Sunday**
(A)
(B)
$
$
23.6419
27.4832
33.1407
25.71
23.15
29.89
26.90
35.37
31.98
27.81
25.03
32.35
29.10
38.31
34.65
20.9846
18.8242
18.8242
24.3830
21.9616
21.9616
29.4590
26.1031
26.1031
23.15
23.15
23.81
26.90
26.90
27.69
31.98
31.98
33.08
25.03
25.03
26.78
29.10
29.10
29.95
34.65
34.65
35.83
24.9666
29.0287
34.9816
27.12
24.40
31.54
28.37
37.23
33.66
29.32
26.40
34.11
30.69
40.32
36.45
22.1529
19.8213
25.7460
23.1249
30.0827
27.4824
24.40
24.40
28.37
28.37
33.66
33.66
26.40
26.40
30.69
30.69
36.45
36.45
26.9698
31.3658
37.7456
29.32
26.39
34.11
30.68
40.13
36.28
31.72
28.56
36.90
33.22
42.45
39.29
23.9259
21.4041
27.8247
24.9714
33.5306
29.6762
26.39
26.39
30.68
30.68
36.28
36.28
28.56
28.56
33.22
33.22
39.29
39.29
NOTATION
* The rate of pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
# The rate of pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control
Board as defined in subclause (vii) of clause 3, Definitions.
** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
- 380 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
2.
8 July 2005
This order shall take effect on and from 7 April 2005.
A. W. MACDONALD, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
- 381 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
(1197)
SERIAL C3783
FLYASH INDUSTRY ENTERPRISE AGREEMENT CONSOLIDATED
AWARD 1996
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4581 of 2004)
Before The Honourable Mr Deputy President Harrison
20 May 2005
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Flyash Industry Enterprise Agreement
Consolidated Award 1996 published 26 April 2002 (332 I.G. 1292) as varied, be rescinded on and from 20 May
2005.
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
- 382 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 352
8 July 2005
SERIAL C3679
ENTERPRISE AGREEMENTS APPROVED BY THE INDUSTRIAL
RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
EA05/146 - FPA Health Medical Officers Enterprise Agreement 2005
Made Between: FPA Health Ltd -&- the Australian Salaried Medical Officers' Federation (New South
Wales).
New/Variation: New.
Approval and Commencement Date: Approved 10 February 2005 and commenced 24 January 2005.
Description of Employees: The agreement applies to all medical officers employed by FPA Health Pty Ltd,
located at 328-336 Liverpool Road, Ashfield, NSW 2131.
Nominal Term: 24 Months.
EA05/147 - Baiada Poultry (Pendle Hill NSW) Nightshift Despatch Employees Enterprise Wages
Agreement 2004
Made Between: Baiada Poultry -&- The Australasian Meat Industry Employees' Union, New South Wales
Branch.
New/Variation: New.
Approval and Commencement Date: Approved and commenced 11 April 2005.
Description of Employees: The agreement applies to Nightshift Despatch Employees employed by Baiada
Poultry Pty Ltd, located at Great Western Highway, Pendle Hill, NSW 2145, who fall within the coverage of
the Poultry Industry Preparation (State) Award.
Nominal Term: 16 Months.
EA05/148 - Baiada Poultry (Pendle Hill NSW) Enterprise Agreement 2004
Made Between: Baiada Poultry Limited -&- The Australasian Meat Industry Employees' Union, New
South Wales Branch.
New/Variation: Replaces EA01/207.
Approval and Commencement Date: Approved and commenced 11 April 2005.
Description of Employees: The agreement applies to all Production employees employed by Baiada Poultry
Ptd Ltd Pendle Hill Plant/Processing Division, located at Great Western Highway New South Wales,
(exlcuding all employees mentioned in subclause 20.2) who fall within the coverage of the Poultry Industry
Preparation (State) Award.
Nominal Term: 30 Months.
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8 July 2005
EA05/149 - Columbia Pelikan Pty Ltd Enterprise Agreement
Made Between: Baiada Poultry Limited -&- the National Union of Workers, New South Wales Branch.
New/Variation: Replaces EA03/48.
Approval and Commencement Date: Approved 14 February 2005 and commenced 11 January 2005.
Description of Employees: The agreement applies to all employees employed by Columbia Pelikan Pty Ltd,
located at 91 Ashford Avenue, Milperra NSW 2214, who fall within the coverage of the Graphic Arts Award
2000, and the Storemen and Packers, General (State) Award.
Nominal Term: 12 Months.
EA05/150 - Bakers Construction + Industrial Blacktown (Clerical) Enterprise Agreement 2004-2005
Made Between: J Blackwood & Son Limited trading as Bakers Construction - Industrial -&- the New
South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union.
New/Variation: New.
Approval and Commencement Date: Approved and commenced 9 February 2005.
Description of Employees: The agreement applies to all employees employed by J. Blackwood & Son
Limited, t/as Bakers Construction + Industrial, located at 3-9, Forge Street, Blacktown NSW 2148, who fall
within the coverage of the Clerical and Administrative (State) Award.
Nominal Term: 7 Months.
EA05/151 - Dolphin Traffic and Security Management Pty Ltd Enterprise Agreement 2004-2006
Made Between: Dolphin Traffic and Security Management Pty Ltd -&- The Australian Workers' Union,
New South Wales .
New/Variation: New.
Approval and Commencement Date: Approved 31 March 2004 and commenced 1 July 2004.
Description of Employees: The agreement applies to all employees employed by Dolphin Traffic and
Security Management Pty Ltd, located at 1/18 Anvil Road, Seven Hills NSW 2147, engaged on, or in
connection with traffic control in NSW who fall within the coverage of the General Construction and
Maintenance, Civil and Mechanical Engineering, &c. (State) Award.
Nominal Term: 36 Months.
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8 July 2005
EA05/152 - Linfox - TWU (Laminex - Prospectg NSW) Enterprise Agreement 2003
Made Between: Linfox Australia Pty Limited -&- the Transport Workers' Union of New South Wales.
New/Variation: New.
Approval and Commencement Date: Approved 3 March 2005 and commenced 29 August 2003.
Description of Employees: The agreement applies to all employees employed by Linfox Australia Pty Ltd,
who fall within the coverage of the Transport Industry (State) Award.
Nominal Term: 36 Months.
EA05/153 - Grid Electrical Services Pty Ltd Construction Enterprise Agreement 2005
Made Between: Grid Electrical Services Pty Ltd -&- the Electrical Trades Union of Australia, New South
Wales Branch.
New/Variation: New.
Approval and Commencement Date: Approved 17 March 2005 and commenced 14 February 2005.
Description of Employees: The agreement applies to all employees employed by Grid Electrical Services
Pty Ltd, located at Winmalee NSW 2777, engaged upon construction work within the County of Cumberland,
who fall within the coverage of the Electrical, Electronic and Communications Contracting Industry (State)
Award.
Nominal Term: 8 Months.
____________________
Printed by the authority of the Industrial Registrar.
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