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Vol. 330, Part 4 18 January 2002 Pages 744 — 1006

NEW SOUTH WALES

INDUSTRIAL GAZETTE

Printed by the authority of the

Industrial Registrar50 Phillip Street, Sydney, N.S.W.

ISSN 0028-677X

CONTENTS

Vol. 330, Part 4 18 January 2002

Pages 744 — 1006

Page

Awards and Determinations —

Awards Made or Varied —

Crown Employees (Commissioned Officers, Department of Corrective Services)

(RIRC) 937

Crown Employees (Skilled Trades) (VSW) 1002CSR LTD Trading as the Readymix Group Newcastle Concrete

(State) Award 2000(AIRC) 947

Eastern Distributor Consent (State) (RIRC) 953Entertainment & Broadcasting Industry - Live Theatre & Concert (State)

(RIRC) 795

Hospital Scientists (State) (RIRC) 837Local Government (State) Award 2001 (AIRC) 744Long Service Leave (Oil Companies) (State) (RIRC) 826Parking Attendants, &c. (State) Consolidated (VSW) 995Pastrycooks (Specified Wholesalers) (VSW) 1004Public Hospital (Medical Officers) (RIRC) 864Public Hospital Medical Record Librarians (RIRC) 933Public Hospital (Physiotherapists, Occupational Therapists and

Speech Pathologists) (State)(RIRC) 884

Public Hospital (Professional and Associated Staff) Conditions of Employment (State)

(RIRC) 908

Public Hospital Professional Engineers' (Biomedical Engineers) (State)

(RIRC) 890

Public Hospitals (Medical Superintendents) (RIRC) 894Saddlery, Leather, Canvas and Plastic Material Workers (State) (VSW) 997Scientific Officers (Public Hospital Dieticians) (RIRC) 833Sugar Field Workers (State) Consolidated Award (VSW) 993Wholesale Fruit and Vegetable Employees' (State) (VSW) 999Woolworths Limited and Woolstar Pty Limited Yennora,

Moorebank, D.C. Award 1998(RIRC) 977

N.S.W. INDUSTRIAL GAZETTE ¾ Vol. 330 18 January 2002

(308) SERIAL C0939

LOCAL GOVERNMENT (STATE) AWARD 2001

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division, industrial organisation of employees.

(No. IRC 5437 of 2000)

Before The Honourable Justice Schmidt 1 November 2001

AWARD

1. Arrangement

PART A

Clause No. Subject Matter

3 Anti-discrimination26 Appointment and Promotion37 Area, Incidence and Duration1 Arrangement20 Casual Employment32 Competitive tendering25 Consultative Committees33 Council Agreements4 Definitions10 Disability Allowance28 Disciplinary Procedure12 Employees providing Motor Wagon or Lorry11 Expenses and Allowances27 Grievance and Dispute Procedures17 Holidays15 Hours of Work34 Industry Award Restructuring Committee21 Job Share Employment22 Junior and Trainee Employment18 Leave Provisions36 Leave Reserved29 Occupational Health and Safety16 Overtime19 Part-time Employment9 Payment of Employees24 Performance Evaluation and Reward6 Rates of Pay13 Residence8 Salary Sacrifice7 Salary System35 Savings and Transitional5 Skill Descriptors2 Statement of Intent30 Termination of Employment23 Training and Development14 Use of Skills

- 744 -

31 Workplace Change and Redundancy

PART B

MONETARY RATES

Table 1: Rates of PayTable 2: AllowancesTable 3: Employees Providing Motor Wagon or Lorry

Schedule 1: Minimum Standards of Caravan Accommodation to be provided to Employees Required to Camp Out

2. Statement of Intent

The parties to the award are committed to co-operating positively to increase the structural efficiency of Local Government and to provide employees with access to more fulfilling, varied and better-paid work by providing measures to, for instance:

establish skill-related career paths;eliminate impediments to multi-skilling;broaden the range of tasks, which a worker may be required to perform;achieve greater flexibility in workplace practices; eliminate discrimination;establish rates of pay and conditions that are fair and equitable; andwork reasonable hours.

3. 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:

(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.

(v) 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."

4. Definitions

(i) Council means a Municipal, City, Shire, County Council or Council within NSW as defined in the Local Government Act 1993. This definition shall be read subject to the allocation of responsibilities as specified in the Local Government Act 1993. Council shall also mean City of Penrith Regional Indoor Aquatic and Recreation Centre Limited (Ripples).

(ii) Association means the Local Government Association of New South Wales and / or the Shires Association of New South Wales.

(iii) Union means either the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division; the Local Government Engineers' Association of New South Wales; the Environmental Health & Building Surveyors' Association of New South Wales; the Australian Services Union of New South Wales; or the Nurses' Association of New South Wales.

(iv) Ordinary Pay means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay. Ordinary pay shall include, but not be limited to the following allowances where they are regularly received:

disability allowancesclimatic, west of the line allowances;tool allowances;on call allowance.

The following allowances shall be excluded from the composition of ordinary pay -

overtime payments;camping allowance;travelling allowances;sewer chokes allowance;car allowances;meal allowances.

(v) Days - unless otherwise specified, any reference to 'days' shall mean calendar days.

(vi) Competency based training refers to training concerned with the attainment and demonstration of specified skills, knowledge and their application to meet industry standards.

5. Skill Descriptors

(i) Operational Band, Level 1

Authority and accountability: Completion of basic tasks with work closely monitored by the team leader or supervisor.

Judgement and problem solving: Judgement is limited and coordinated by other workers.

Specialist knowledge and skills: Specialist knowledge and skills are obtained through on-the-job training and council-based induction training. Off-the-job training may lead to trade, technical or professional qualifications.

Management skills: Not required.

Interpersonal skills: Limited to communications with other staff and possibly, with the public.

Qualifications and experience: Completion of School Certificate or the Higher School Certificate may be sought. Completion of an appropriate labour market program or similar short-term work / skills experience is desirable.

(ii) Operational Band, Level 2

Authority and accountability: Responsible for completion of basic tasks with individual guidance or in a team.

Judgement and problem solving: Applies standard procedures with normally few if any options in the application of skills.

Specialist knowledge and skills: Job specific skills and knowledge would normally be gained through on-the-job training and experience. Short courses may be completed at TAFE.

Management skills: Not required.

Interpersonal skills: Frequent communication with other staff and/or the public common but normally at a routine level.

Qualifications and experience: Incumbents may have attended short courses in specific work areas or be undertaking a technical college certificate as completion of structured training program in work-related area.

(iii) Operational Band, Level 3

Authority and accountability: Responsible for completion of regularly occurring tasks with general guidance on a daily basis.

Judgement and problem solving: Judgement is required to follow predetermined procedures where a choice between more than two options are present.

Specialist knowledge and skills: Application of skills, including machine-operation skills, following training "on the job" or accredited external training over a number of months.

Management skills: Some guidance/supervision may be required. May assist a co-ordinator/trainer with on-the-job training.

Interpersonal skills: Skills required for exchange of information on straightforward matters.

Qualifications and experience: Suitable experience or qualifications in a number of defined skill areas.

(iv) Operational Band, Level 4

Authority and accountability: Responsible for supervising staff in operational duties or for work requiring independence in the application of skills, subject to routine supervision. Responsible for quality of work function.

Judgement and problem solving: Option on how to approach tasks requires interpretation of problems and may involve precise judgement in operational areas.

Specialist knowledge and skills: The number of work areas in which the position operates makes the work complicated and a variety of skills are required in its completion. Position may require competence in operation of complex machinery.

Management skills: Supervisory skills in the communication of instructions, training and the checking of

work may be required.

Interpersonal skills: Skills are required to convince and explain specific points of view or information to others and to reconcile differences between parties.

Qualifications and Experience: Experience to adapt procedures to suit situations and a thorough knowledge of the most complex operational work procedures to achieve work objectives.

(v) Administrative/Technical/Trades Band, Level 1

Authority and accountability: Responsible for the completion of work requiring the application of trades, administrative or technical skills.

Judgement and problem solving: Skills in assessing situations and in determining processes, tools and solutions to problems. Guidance is available.

Specialist knowledge and skills: Positions will have demonstrated competence in a number of key skill areas related to major elements of the job.

Management skills: Positions may require skills in the supervision or co-ordination of small groups.

Interpersonal skills: Communication skills to explain situations or advise others.

Qualifications and experience: Appropriate work-related trade, technical or administrative qualifications or specialist skills training.

(vi) Administrative/Technical/Trades Band, Level 2

Authority and accountability: Responsibility as a trainer/co-ordinator for the operation of a small section which uses staff and other resources, or the position completes tasks requiring specialised technical/administrative skills.

Judgement and problem solving: Skills to solve problems, which require assessment of options with freedom within procedural limits in changing the way work is done or in the delegation of work. Assistance may be readily available from others in solving problems.

Specialist knowledge and skills: Positions will have specialised knowledge in a number of advanced skill areas relating to the more complex elements of the job.

Management skills: May require skills in supervising a team of staff, to motivate and monitor performance against work outcomes.

Interpersonal skills: In addition to interpersonal skills in managing others, the position may involve explaining issues/policy to the public or others and reconcile different points of view.

Qualifications and experience: Thorough working knowledge and experience of all work procedures for the application of technical/trades or administrative skills, based upon suitable certificate or post-certificate-level qualifications.

(vii) Administrative / Technical / Trades Band, Level 3

Authority and accountability: May be responsible to provide a specialised / technical service and to complete work which has some elements of complexity. Make recommendations within council and represent council to the public or other organisations.

Judgement and problem solving: Problem solving and judgements are made where there is a lack of definition requiring analysis of a number of options. Typical judgements may require variation of work priorities and approaches.

Specialist knowledge and skills: Positions have advanced knowledge and skills in a number of areas where analysis of complex options is involved.

Management skills: May supervise groups of operational and / or other administrative / trades / technical employees. Employees supervised may be in a number of different work areas, requiring motivation, monitoring and co-ordination to achieve specific outputs.

Interpersonal skills: Skills to communicate with subordinate staff and the public and/or negotiation / persuasive skills to resolve disputes with staff or the public.

Qualifications and experience: An advanced certificate, associate diploma, appropriate in-house training or equivalent combined with extensive experience in the application of skills in the most complex areas of the job.

(viii) Professional/Specialist Band, Level 1

Authority and accountability: Provides specialised / technical services to complete assignments or projects in consultation with other professional staff. May work with a team of technical or administrative employees requiring the review and approval of more complex elements of the work performed by others.

Judgement and problem solving: Problems require assessment of a range of options having elements of complexity in reaching decisions and making recommendations.

Precedent is available from sources within the council, and assistance is usually available from other professional/specialist staff in the work area.

Specialist knowledge and skills: Positions require considerable knowledge in a specific area with a sufficient level of skills and knowledge to resolve issues having elements of complexity that may not be clearly defined.

Management skills: Positions at this entry level to the Professional / Specialist Band are not required to possess management skills.

Interpersonal skills: Persuasive skills are required to participate in technical discussions to resolve problems, explain policy and reconcile viewpoints.

Qualifications and experience: Professional / specialist positions require professional qualifications to apply theoretical knowledge to practical situations.

(ix) Professional / Specialist Band, Level 2

Authority and accountability: Provides a specialised/technical service in the completion of work and/or projects, which have elements of complexity (composed of many parts that may be more conceptual than definite).

Judgement and problem solving: Positions require the interpretation of information and development of suitable procedures to achieve agreed outcomes. Problem solving and decision making require analysis of data to reach decisions and / or determine progress.

Specialist knowledge and skills: Experience in the application of technical concepts and practices requiring additional training are required at this level.

Management skills: May manage a number of projects involving people and other resources requiring project control and monitoring as well as motivation and co-ordination skills.

Interpersonal skills: Interpersonal skills in leading and motivating staff in different teams / locations may be required, as well as persuasive skills to resolve problems or provide specialised advice.

Qualifications and experience: Positions at this level would have supplemented base level professional

qualifications with additional skills training. Considerable practical experience or skills training would be required to effectively control key elements of the job.

(x) Professional / Specialist Band, Level 3

Authority and accountability: Provides a professional advisory role to people within or outside council. Such advice may commit the council and have significant impact upon external parties dealing with council. The position may manage several major projects or sections within a department of the council.

Judgement and problem solving: Positions have a high level of independence in solving problems and using judgement. Problems can be multi-faceted requiring detailed analysis of available options to solve operational, technical or service problems.

Specialist knowledge and skills: The skills and knowledge to resolve problems where a number of complex alternatives need to be addressed.

Management skills: May be required to manage staff, resolve operational problems and participate in a management team to resolve key problems.

Interpersonal skills: Interpersonal skills in leading and motivating staff may be required. Persuasive skills are used in seeking agreement and discussing issues to resolve problems with people at all levels. Communication skills are required to enable provision of key advice both within and outside council and to liaise with external bodies.

Qualifications and experience: Tertiary qualifications combined with a high level of practical experience and an in-depth knowledge of work.

(xi) Professional / Specialist Band, Level 4

Authority and accountability: Accountable for the effective management of major sections or projects within their area of expertise. As a specialist, advice would be provided to executive level and to council on major areas of policy or on key issues of significance to the organisation. The position's influence would have an important role in the overall performance of the function.

Judgement and problem solving: Positions would determine the framework for problem solving or set strategic plans with minimal review by senior management.

At this level, the position may represent senior management or council in the resolution of problems. The oversight of problem solving and assessment of the quality of judgements made by less qualified staff will apply at this level.

Specialist knowledge and skills: Positions require knowledge and skills for the direction and control of a key function of council or major functions within a department. Positions require expert knowledge and skills involving elements of creativity and innovation in addressing and resolving major issues.

Management skills: Positions may direct professional or other staff in the planning, implementation and review of major programs, as well as participating as a key member of a functional team.

Interpersonal skills: Interpersonal skills in leading and motivating staff will be required at this level. Positions require the ability to negotiate on important matters with a high degree of independence. Positions are required to liaise with the public and external groups and organisations.

Qualifications and experience: Specialist tertiary qualifications in an appropriate field of study combined with extensive practical experience in all relevant areas in order to plan, develop and control major elements of work.

(xii) Executive Band

Authority and accountability: Accountable for the direction and control of council or a department or the

like. Influence and commit council or a department or the like to long-term strategic directions. Lead policy development and implementation.

Judgement and problem solving: Positions solve problems through analytic reasoning and integration of wide-ranging and complex information, and have a high level of independence in determining direction and approach to issues.

Specialist knowledge and skills: The position requires the application of a range of specialist knowledge and skills, including relevant legislation and policies and other areas of precedent. Ability to provide authoritative advice to council.

Management skills: Application of corporate management skills in a diverse organisation to establish goals and objectives. Manage and control staff, budgets and work programs or major projects of council or a department or the like utilising leadership, evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources, meet changing circumstances and improve service to the council's clients.

Interpersonal skills: Positions use persuasive skills with external parties on major items of critical importance to council. They motivate managers and staff at all levels by leading and influencing others to achieve complex objectives. They influence the development of the council.

Qualifications and experience: Positions will have a relevant degree or equivalent and management experience, combined with accredited management qualifications.

6. Rates of Pay

The rates of pay are set out in Table 1 of Part B of this award.

All rates are entry-level rates of pay only, with the exception of Operational Band Level 1, which are actual rates of pay.

Council shall introduce a salary system to complement the skills-based structure and rates of pay of the award.

The current weekly rate of pay of an employee for the purposes of the Workers Compensation Act 1987 shall be the rate paid to the employee under the salary system.

7. Salary System

(i) A salary system determines how employees are paid. An employee shall be paid the salary system rate of pay that recognises the skills the employee is required to apply on the job.

(ii) The salary system shall have a structure that complements the entry-level rates of pay and skill descriptors in the award by identifying grades. Each grade shall contain a number of salary points/steps for progression that are over and above the entry-level rates of pay.

(iii) Positions shall be assigned a salary grade(s) within the structure. A position may extend across more than one grade in council's salary system or level as prescribed by Clause 5 Skills Descriptors of this award.

(iv) Progression through the salary system shall be based upon the acquisition and use of skills. Where skills based progression is not reasonably available within the salary range for the position, employees shall have access to progression based on the achievement of performance objectives relating to the position. Such performance objectives shall be set in consultation with the employee(s).

(v) Subject to subclause (iv), skills for progression relevant to the position shall be assigned to each salary point/step within the grade.

(vi) Employees shall be assessed for progression through the salary range for their position at least annually or when they are required to use skills that would entitle them to progress in the salary system.

(vii) At the time of assessment, council shall advise the employee of the skills and/or the performance objectives required for the employee to progress to the next salary point/step and shall review the employee's training needs.

(viii) The salary system shall include a process by which employees can appeal against their assessment.

(ix) Employees shall have access to information regarding the grade, salary range and progression steps of the position.

8. Salary Sacrifice

(i) Council and an employee may agree to sacrifice a portion of the pre-tax ordinary pay as prescribed by the award to the value of the benefits as identified in subclause (ii) of this clause. Such agreement shall not unreasonably be withheld.

(ii) Benefits that may be salary sacrificed are:

- motor vehicles, supplied by council under a leaseback arrangement- child care- additional superannuation.

(iii) The value of the benefits shall be agreed between the council and employee and shall include fringe benefits tax where applicable. The amount that may be salary sacrificed in cases where council supplies vehicles under a leaseback arrangement is the amount the leaseback rate is in excess of the employee's contribution from after tax salary necessary to negate the fringe benefit liability.

(iv) The benefits to be salary sacrificed and their value shall be in writing and signed by both council and the employee.

(v) Except as otherwise agreed, the employee may request in writing to change the benefits to be salary sacrificed once per year and the council shall not unreasonably refuse the request.

(vi) An amount equal to the difference between the employee's ordinary pay as prescribed by the award and the value of the benefits received by the employee shall be paid by the council to the employee.

(vii) The employee is responsible for seeking appropriate financial advice when entering into any arrangement under this clause.

(viii) The council will ensure that the salary sacrifice arrangement complies with taxation and other relevant laws. The council has the right to vary and/or withdraw from offering salary sacrifice to employees with appropriate notice if there is any alteration to relevant legislation that is detrimental to salary sacrifice arrangements.

(ix) The value of the benefits shall be treated as an approved benefit for superannuation purposes and shall not reduce the employee's superable salary.

(x) Nothing in this clause shall affect the right of an employer to maintain or enter into more beneficial arrangements with respect to salary sacrifice for employees.

9. Payment of Employees

(i) Council shall pay either by the week or the fortnight. Any other period shall be by agreement between council and the employees affected.

(ii) Council shall pay by cash, cheque or direct credit to the employee's nominated account.

(iii) Council shall fix a regular payday for the payment of employees. Council may alter the payday if there is prior agreement with employees affected.

(iv) Employees shall not suffer any reduction in their ordinary pay where they are prevented from attending work due to bushfire or other climatic circumstances beyond their control.

(v) The council shall be entitled to deduct from the employee's pay such amounts as the employee authorises in writing.

10. Disability Allowance

(i) A disability allowance in addition to the weekly rate of pay shall be payable to designated employees to compensate for the special disabilities associated with the nature of duties performed by outdoor staff.

This allowance shall be paid at the rate set out in Table 2 of Part B of this award and shall be paid for all purposes of the award but shall not attract any penalty.

The following employees shall be entitled to be paid the allowance:

All employees in Levels 2, 3 and 4 of the Operational Band and employees engaged in the gardening, building, metal and mechanical trades of the Administrative / Technical / Trades Band.

Excepting staff engaged in the following functions:

AdministrationCivic Centre, Recreation and TheatreCommunity ServicesFinanceGarbage, Sanitary and SullageManaging SaleyardsNoxious Plant InspectionOrdinance ControlPublic RelationsSupervising in Band 2Technical ServicesWorks Supervisor

(ii) All employees classified in the Operational Band of this award employed in garbage, sanitary and sullage collection work, other than the supervisor, shall in addition to their weekly rate of pay, be paid a disability allowance at the rate set out in Table 2 of Part B. This allowance shall be paid for all purposes of the award but shall not attract any penalty.

The disability allowance is to compensate for the special disabilities associated with the hours worked and the offensive, filthy and obnoxious nature of duties performed by employees engaged in this work.

(iii) Sewer Chokes - employees clearing sewer chokages shall be paid at the rate set out in Table 2 of Part B of this award whilst so engaged.

11. Expenses and Allowances

(i) (a) Septic Tanks - Employees shall be paid treble rates in addition to their normal rates for all time occupied on work in connection with the cleaning of septic tanks, and/or septic closets and/or chemical closets by other than mechanical means. Payments made in accordance with this subclause shall be in substitution of overtime rates and any other penalty.

(b) Sewerage Treatment Works - Employees required during their ordinary hours of work to enter digestion tanks at sewerage treatment works for the purpose of cleaning tanks shall be paid at

the rate of double ordinary rates for all time worked. Payments made in accordance with this subclause shall be in substitution of overtime rates and any other penalty.

(ii) (a) Employee Providing Tools - Where the employee and the council agree that the employee shall supply their own tools, a tool allowance shall be paid as follows:

PER WEEK $Bricklayer Table 2 of Part BCarpenter and Plumber Table 2 of Part BMetals and Mechanical Trades Table 2 of Part BPainter and Signwriter Table 2 of Part BPlasterer (See Table 2 of Part B)

(b) Complete Tool Kits - allowances paid to employees in accordance with this clause shall be deemed to apply in respect of a full range of tools ordinarily used in carrying out the trade, occupation, duties and functions.

(c) Special Purpose Tools - allowances prescribed by this clause shall not cover tools required for special uses or purposes outside of the ordinary trade functions of the employee's classification.

(d) Compensation of Tools - The council shall reimburse the employee to a maximum per annum as set out in Table 2 of Part B for loss of tools by breaking and entering whilst securely stored at the employer's premises or on the job site or if the tools are lost or stolen while being transported by the employee at the employer's direction, or if the tools are stolen during an employee's absence after leaving the job because of injury or illness.

Provided that an employee transporting their own tools shall take all reasonable care to protect those tools and prevent theft or loss.

(e) Provided for the purposes of this clause:

(1) Only tools used by the employee in the course of their employment shall be covered by this clause;

(2) The employee shall, if requested to do so, furnish the employer with a list of tools so used;

(3) Reimbursement shall be at the current replacement value of new tools of the same or comparable quality;

(4) The employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

(iii) Telephone - Where an employee and council agree that a telephone installed at the employee's residence can be used as a means of communication to such employee the council shall reimburse the employee the annual rental of such telephone and for the actual charge made for all outward calls made on council's behalf.

(iv) Expenses - All reasonable expenses, including out-of-pocket, accommodation and travelling expenses, incurred in connection with the employee's duties shall be paid by the council and, where practicable shall be included in the next pay period. The method and mode of travelling or the vehicle to be supplied or to be used shall be arranged mutually between the council and the employee. Travelling arrangements shall be agreed between council and the employee.

(v) Car Allowance

(a) Where by agreement an employee supplies a car the allowance to be made for the use and depreciation of such vehicle shall be:-

Kilometres travelled each year onofficial business - cents per kilometre

Under 2.5 litres (nominal engine capacity) Table 2 of Part B2.5 litres (nominal engine capacity) and over Table 2 of Part B

(b) Where the car is used for official business and is available continuously when the employee is on duty the employee shall be paid the allowance but with a minimum payment as set out in Table 2 of Part B. Periods of sick leave in excess of 3 weeks, annual leave in excess of 4 weeks or long service shall not be counted when calculating the minimum quarterly payment.

(c) Where the car is used for official business on an intermittent, irregular or casual basis, the employee shall be paid the allowance for the number of kilometres travelled on official business as set out in paragraph (a) and shall not be entitled to the minimum payment as set out in paragraph (b).

(d) Any agreement to pay the allowance under this clause may only be terminated by 12 months notice by either party or by the employee's termination of employment.

(vi) Travelling Allowance

(a) This subclause shall apply to employees who are required to start and / or finish at a location away from the council depot, workshop or other agreed starting point.

(b) For the purposes of this subclause "normal starting point" shall mean:

(i) the council workshop or depot;

(ii) a council office or building to which the employee is usually assigned;

(iii) any other agreed starting and / or finishing point.

(c) Where more than one starting point is fixed each employee shall be attached to one starting point only. An employee may be transferred to another starting point at any time by agreement; such agreement shall not unreasonably be withheld by either party. In the event of a dispute Clause 27, Grievance and Dispute Procedures, shall apply.

(d) An employee who is required to commence and / or finish work at a location away from the employee's normal starting point at the normal starting and / or finishing times or is required to start or finish overtime work at a location away from the normal starting point shall be paid a travelling allowance as under:

Where the employee works at a distance from the employee's residence greater than:

3km but not more than 10km Table 2 of Part BMore than 10km but not more than 20km Table 2 of Part BMore than 20km but not more than 33km Table 2 of Part BMore than 33km but not more than 50km Table 2 of Part BPlus (See Table 2 of Part B) for each additional 10km in excess of 50kms Table 2 of Part B

(e) For the purpose of this subclause a residence shall not be reckoned as such unless it is situated within the council area. Where the employee resides outside the council area the travelling allowance is payable from the council boundary of the council by which he is employed.

(f) For the purpose of this subclause distance shall mean the nearest trafficable route to work.

(g) Where transport is provided by council the conveyance shall have suitable seating accommodation and a cover to protect the employees from the weather.

Explosives shall not be carried on vehicles, which are used for the conveyance of employees.

(h) Where council requires an employee to use their own vehicle to transport other employee(s) or materials to the worksite to commence and/or finish work at a location away from the employee's normal staring point at the normal starting and/or finishing times or is required to start or finish overtime work at a location away from the normal starting point, a car allowance for the use and depreciation of the vehicle shall be paid as follows:

Kilometres travelled transporting other employee(s) or materials Cents per kilometre

Under 2.5 litres (nominal engine capacity) Table 2 of Part B2.5 litres (nominal engine capacity) and over

Table 2 of Part B

Such car allowance shall be paid in addition to travelling allowances provided by this subclause.

(i) This subclause shall not apply where an employee commences and/or finishes work at a worksite which lies between the employee's place of residence and the employee's normal starting point, provided that reasonable transport is available and the employee travels no further than ordinarily travelled to the normal starting point.

(j) This subclause does not apply to employees who travel where management and employees agree on a flat rate per week to be paid for travelling. In the event of a dispute, the Grievance and Disputes Procedure in Clause 27 of this award shall be applied.

(k) This subclause does not apply to travelling involved in after hours on-call work or to employees recalled to work overtime.

(l) Unless otherwise agreed, an employee shall not be entitled to travel related allowances except those provided for in this subclause. Nothing in this subclause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any existing travel arrangements.

(m) During the term of this award the parties agree to review the operation of travel arrangements. By 1 September 2002 the parties shall review the operation of the subclause in the context of the Operational Health and Safety Regulation 2001, identifying work practices and award provisions that are potentially hazardous.

(vii) Camping Allowance

(a) Employees who are required by council to camp out or where no reasonable transport facilities are available to allow them to proceed to and from their homes each day shall be paid a camping allowance at a rate set out in Table 2 of Part B for each night the employee camps out.

(b) When employees are required to camp, all travelling between their respective depots and camp site at the beginning and/or completion of the camp be undertaken during normal working hours. If the employees are required to travel outside normal working hours they shall be paid the appropriate travelling allowance in accordance with subclause (vi) Travelling Allowance, of clause 11, Expenses and Allowances.

(c) All time occupied in setting up or in shifting camps during the ordinary working hours shall be paid for at ordinary rates. Should employees be required to shift camp at times other than during their ordinary hours of work shall be paid time and a half rates for the time occupied.

(d) (i) Council shall provide transport for employees, who are required to camp out from the council depot at the commencement of each working week and to return to such depot at the finish of each working week or when the employees are camped for a period less than one week at the commencement and finish of the period in which the employees are required to camp out.

(ii) Notwithstanding (i) above, transport may be mutually arranged between the council and the employee(s) and shall remain at all times with those employee(s) required to camp.

(e) The council shall provide free transport once each week to enable commodities for use in camp to be obtained by the employees from the nearest suitable location. For the purpose of this subclause, the camping allowance prescribed in paragraph (a) shall be payable to the employees so concerned.

(f) No employee shall be required to camp without at least 24 hours' notice unless such employee agrees to do so.

(g) Where reasonably practicable to do so the council shall arrange for perishable foods to be purchased on the morning prior to the time of departure on that day.

(h) Minimum standards of caravan accommodation to be provided to employees required to camp out are contained in Schedule 1 to this award.

12. Employees Providing Motor Wagon or Lorry

(i) Where an employee is called upon to provide a motor wagon or lorry the employee shall be paid an hourly rate of one-thirty-eighth of the weekly wage for a motor lorry driver, as prescribed by this award, plus a rate calculated in accordance with either paragraph.

(a) Hourly Rates, or paragraph (b), Hourly - Plus Distance Rates, of this subclause, as the Council may decide: provided that where the average daily distance travelled exceeds 50 kilometres, the Hourly - Plus Distance Rates shall apply.

(a) Hourly RatesCapacity of the vehicle in accordance with the manufacturer's specifications

Tipping LorryRate Per Hour $

Non-Tipping LorryRate Per Hour $

1 Tonne Table 3 of Part B Table 3 of Part B 1½ Tonnes Table 3 of Part B Table 3 of Part B 2 Tonnes Table 3 of Part B Table 3 of Part B 3 Tonnes Table 3 of Part B Table 3 of Part B 4 Tonnes Table 3 of Part B Table 3 of Part B 5 Tonnes Table 3 of Part B Table 3 of Part B 6 Tonnes Table 3 of Part B Table 3 of Part B 7 Tonnes Table 3 of Part B Table 3 of Part B 8 Tonnes Table 3 of Part B Table 3 of Part B 9 Tonnes Table 3 of Part B Table 3 of Part B 10 Tonnes Table 3 of Part B Table 3 of Part B(b) Hourly Plus Distance Rates

Tipping Lorry Non-Tipping LorryCapacity of the vehicle in accordance with the manufacturer's specifications

Rate Per Hour $ Rate Per Km in addition to the Hourly Rate $

Rate Per Hour $ Rate Per Km in addition to the Hourly Rate $

1 Tonne Table 3 of Part Table 3 of Part B Table 3 of Part B Table 3 of

B Part B 1½ Tonnes Table 3 of Part

BTable 3 of Part B Table 3 of Part B Table 3 of

Part B 2 Tonnes Table 3 of Part


Part B 3 Tonnes Table 3 of Part


Part B4 Tonnes Table 3 of Part














Part B

NOTE: (1) To convert tons to tonnes for the purpose of the above schedule the tons shall be multiplied by 1.016 to obtain the equivalent tonnes.

(2) To convert miles to kilometres for the purpose of the above schedule the mileage shall be multiplied by 1.609 to obtain the equivalent kilometres.

(ii) (a) Where the employee provides a lorry fitted with a berriman loader for purposes other than cleaning out cuttings and drains a rate per hour as set out in Table 3 of Part B, in addition to the rate set out in subclause (i), of this clause, shall be paid for the time occupied by haulage involving the use of the berriman loader.

(b) Where the employee provides a lorry fitted with an end or side loading berriman loader and is engaged in cleaning out cuttings and drains, the rate per hour as set out in Table 3 of Part B, in addition to the rates set out in subclause (i), of this clause shall be paid.

(c) Where the employee provides a lorry in accordance with the rates provided under paragraph (b), of subclause (i), of this clause, and is required to spread material by means of a fantail spreader and during this operation is required to travel in reverse for all or a substantial part of the spreading operation, a rate per day as set out in Table 3 of Part B or part thereof, in addition to the rates set out in subclause (i), of this clause, shall be paid.

(iii) The rate per hour calculated in accordance with subclause (i) of this clause, shall be adjusted on a flat rate basis to the nearest cent.

13. Residence

Where an employee is supplied by the council with a residence, it shall be of a reasonable standard. The rental value of such residence shall be agreed upon between the council and the employee. The rental value as agreed may be deducted from the pay of the employee.

14. Use of Skills

A. General Provisions

(i) An employee shall be paid the salary system rate of pay that recognises the skills the employee is required to apply on the job.

The skills paid for shall not be limited to those prescribed by the job description and may, where appropriate, include skills possessed by the individual which are required by council to be used as an adjunct to the employee's normal duties.

Subject to parts B and C of this clause, employees who are required by council to use such additional skill(s) in the performance of their duties shall have the use of these skill(s) considered in the evaluation of the position.

(ii) The parties are committed to improving skill levels and removing impediments to multi-skilling and broadening the range of tasks that the employee may be required to perform.

(iii) The council may direct the employee to carry out such duties that are within the limits of the employee's skill, competence and training.

(iv) An employee required to relieve in a position, which is at a higher level within the salary system, shall be paid for that relief. The rate to be paid shall be determined by considering the skills / experience applied by the employee relieving in the position but shall be at least the minimum rate for that position in accordance with the salary system except where the higher level skills have been taken into account within the salary of the relieving employee.

(v) Payment for use of skills relieving in a higher paid position shall be made for the time actually spent relieving in the higher position.

B. Community Language and Signing Work

(i) When an employee utilises skills in a community language as an adjunct to their normal duties in order to provide services to speakers of a language other than English, or to provide signing services to those with hearing difficulties, the employee shall be paid an allowance in addition to the weekly rate of pay as set out in Table 2. The allowance may be paid on a regular or irregular basis, according to when the work is performed.

(ii) Such work involves an employee acting as a first point of contact for non-English speaking residents or residents with hearing difficulty. The employee identifies the resident's area of inquiry and provides basic assistance, which may include face-to-face discussion and/or telephone inquiry.

(iii) Such employees convey straightforward information relating to council services, to the best of their ability. They do not replace or substitute for the role of a professional interpreter or translator.

(iv) Such employees shall record their use of a community language according to council established policy

C. First Aid Work

(i) Where an employee is required by council to be in charge of a first aid kit and/or to administer first aid and the use of such adjunct skills are not paid for in accordance with the salary system established by the council, the employee shall be paid an allowance in addition to the weekly rate, as set out in Table 2.

D. Additional Skills Criteria

(i) Where an employee is required by council to use community language or first aid skills in the performance of their duties:

(a) Council shall provide the employee with the opportunity to obtain accreditation from a language aide or first aid accreditation agency;

(b) The employee shall be prepared to be identified as possessing the additional skill(s);

(c) The employee shall be available to use the additional skill(s) as required by council;

(ii) Such training shall form part of a council's training plan and budget, in accordance with the requirements of clause 23 of this award.

E. Savings

(i) These provisions identify minimum criteria only, and shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangement existing at the date the award was varied to give effect to this clause. They shall not however be cumulative upon such existing payments.

15. Hours of Work

A. Spread of Hours

(i) The ordinary hours for all employees shall be worked between Monday and Friday inclusive and shall not exceed twelve (12) hours in any one-day exclusive of unpaid meal breaks.

(ii) All working hours existing at the operative date of this award that have been validly entered into or which were in accordance with the hours clauses of the awards which preceded the Local Government (State) Award 1992 shall be deemed to have satisfied subclause (iii) of Part A of this clause.

(iii) Commencing and or finishing times provided for in subclause (i) of Part A of this clause and / or payment for the spread of hours may be altered by agreement between management and employee(s) concerned and the terms of the agreement referred to the consultative committee for recommendation to the council.

(iv) At any stage of discussions either the employee(s) or the council may seek assistance from the appropriate union or association.

(v) Any agreement to alter the spread of hours as provided for in this subclause must be genuine with no compulsion to agree.

(vi) Where the council seeks to alter the spread of hours and / or payment for the spread of hours for a new or vacant position, the matter shall be referred to the consultative committee for recommendation to council prior to advertising the new or vacant position.

(vii) Where council alters the hours of work for a position the rate of pay shall have regard to the nature of the work, including the hours to be worked.

(viii) An unpaid meal break of a minimum of 30 minutes shall be given and taken within the first five hours continuous work. Thereafter, a paid meal break not exceeding 20 minutes shall be given and taken after a further five hours continuous work. In the case of unforeseen circumstances, the meal break may be delayed and shall be taken as soon as practicable, subject to the observance of appropriate occupational health and safety standards.

B. Arrangement of Hours

Subject to Part A, Spread of Hours, the arrangement of hours shall be:

(i) (a) Subject to subclauses (iii) and (iv) of Part B of this Clause, the ordinary hours of work for employees engaged in the following functions and other employees who worked 35 hours per week prior to the making of this award, shall be 35 hours per week:AdministrationBuilding SurveyingEngineering (Professional)Executive BandFinance

Health SurveyingLibraryPublic RelationsTechnical ServicesTown Planning

(b) The ordinary hours of work for such employees shall be arranged on one of the following bases:

35 hours within one week provided that at least two days off shall be granted; or

70 hours within two weeks provided that at least four days off shall be granted; or

105 hours within three weeks provided that at least six days off shall be granted; or

140 hours within four weeks provided that at least eight days off shall be granted.

(ii) The ordinary hours of work for all other employees shall be 38 hours per week arranged on one of the following bases:

38 hours within one week provided that at least two days off shall be granted; or

76 hours within two weeks provided that at least four days off shall be granted; or

114 hours within three weeks provided that at least six days off shall be granted; or

152 hours within four weeks provided that at least eight days off shall be granted.

(iii) All arrangements of hours existing at the operative date of this award that have been validly entered into shall be deemed to have satisfied subclause (iv) of Part B of this clause.

(iv) (a) The arrangement of hours may be varied by agreement and / or a different arrangement of hours to that prescribed in subclauses(i)(b) or (ii) of Part B of this clause may be agreed between management and the employee(s) concerned and the terms of the agreement referred to the consultative committee for recommendation to the council.

(b) At any stage of discussions, either the employee(s) or council may seek assistance from the appropriate union or association.

(c) Any agreement to alter the spread of hours as provided for in this subclause must be genuine with no compulsion to agree.

(v) Where the council seeks to alter the arrangement of hours for a new or vacant position, the matter shall be referred to the consultative committee for recommendation to council prior to advertising the new or vacant position.

16. Overtime

A. General

(i) Except where otherwise provided all time worked by direction before the agreed commencement of ordinary hours, or later than the agreed completion of ordinary hours, shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(ii) Overtime worked on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided any overtime worked after 12 noon Saturday shall be at double time.

(iii) Overtime worked on Sunday shall be paid for at the rate of double time.

(iv) Overtime shall be claimed within 30 days of it being worked. Council shall keep a record of such overtime. Overtime accruals shall not be forfeited and shall be paid at the appropriate overtime rate on termination or at other agreed time.

(v) An employee (other than a casual) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that they have not had least ten consecutive hours off duty between those times shall be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If an employee is instructed to resume work without having had ten consecutive hours off duty, the employee shall be paid at double ordinary rates until released from duty and then shall be entitled to a ten-hour break without loss of pay.

This subclause shall not apply to employees who are on call or called back to work in accordance with this award unless such employees are required to work:

for four hours or more, oron consecutive days without having had a ten hour break, oron more than one occasion during the day outside of the four hour period.

(vi) Where there is prior agreement between the council and the employee, an employee directed to work in excess of ordinary hours may elect either to be paid the appropriate overtime rate or be granted time in lieu equivalent to the actual hours worked. This sub-clause shall not apply to employees who are on call or called back to work.

(vii) Employees classified in the Executive Band of this Award may be required, in addition to their ordinary hours, to attend meetings of council and standing and / or special committee meetings.

For the purpose of this sub-clause, an employee who is required to attend meetings of the council and standing and / or special committee meetings shall be entitled to claim overtime for actual hours worked after 11.00 pm.

B. On Call

(i) For the purposes of this award, an employee shall be deemed to be on-call if required by the council to be available for duty outside of ordinary hours at all times in order to attend emergency and / or breakdown work and / or supervise the call-out of other employees.

(ii) Employees who are required to be on-call are not required to remain at their usual place of residence or other place appointed by council. However, an on-call employee must be able to be contacted and be able to respond within a reasonable time.

(iii) Employees required to be on call on days when they would ordinarily work, or would have ordinarily worked but for a public holiday, in accordance with Clause 15, Hours of Work shall be paid an on call allowance at a rate set out in Table 2 of Part B of this award for each such day the employee is required to be on call.

(iv) Employees required to be on call on days other than their ordinary working days shall be paid an on call allowance at a rate set out in Table 2 of Part B of this award for each such day the employee is required to be on call.

(v) Provided that the on call allowances in subclauses (iii) and (iv) of this clause shall not total more than the rate set out in Table 2 of Part B of this award for any one week.

(vi) Employees on call who are required to work outside their ordinary hours shall be entitled to be paid overtime at the appropriate rate for hours worked and such rate shall be paid from the time that the employee departs for work.

(vii) For each public holiday an employee is required to be on-call, the employee shall be granted one-half day to be taken at an agreed time.

C. Call Back

(i) For the purposes of this award, an employee shall be deemed to be on a call back if the employee is recalled to work overtime without receiving notice before ceasing work.

(ii) Any employee who is called back to work as defined in sub-clause (i), shall be paid for a minimum of four hours work at the appropriate overtime rate for each time so recalled. Provided that any subsequent call backs occurring within a four-hour period of a call back shall not attract any additional payment. An employee working on a call back shall be paid the appropriate overtime rate from the time that such employee departs for work.

Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job that the employee was recalled to perform is completed within a shorter period. This sub-clause shall not apply in cases where the call back is continuous subject to a reasonable meal break with the commencement of ordinary hours.

D. Meal Allowance

(i) An employee who, having been so instructed, works overtime for two hours or more prior to the agreed commencing time shall be paid a meal allowance at a rate set out in Table 2 of Part B of this award.

(ii) An employee who, having been so instructed, works overtime for two hours or more immediately after the agreed finishing time shall be paid a meal allowance at a rate set out in Table 2 of Part B of this award.

Thereafter, a further meal allowance at a rate set out in Table 2 of Part B of this award shall be paid after each subsequent four hours worked.

(iii) An employee who works on a day other than an ordinary working day shall be paid a meal allowance at a rate set out in Table 2 of Part B of this award after each four hours overtime worked.

17. Holidays

(i) The days on which holidays shall be observed are as follows: New Years' Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day and all locally proclaimed holidays within the council's area, and all special days proclaimed as holidays to be observed throughout the whole of the State of NSW.

(ii) Union Picnic Day shall for the purposes of this award, be regarded as a holiday. The Picnic Day shall be on such day as is agreed between council and the union(s).

Production of the butt of the picnic ticket issued to the employee may be required by the council for payment for the day to be made.

(iii) (a) Where any of the holidays prescribed by this award fall on a day ordinarily worked by the employee, the employee shall not have a reduction in ordinary pay.

(b) Except as otherwise provided, where an employee is required to work on a holiday as prescribed by this award, the employee shall be paid at double time and a half inclusive of payment for the day with a minimum payment of four hours worked.

(c) All employees classified in the operational band of this award employed in garbage, sanitary and sullage (other than the supervisor) who are required to work on Good Friday or Christmas Day shall be paid at triple time inclusive of payment for the day with a minimum payment of four hours work.

(d) Where an employee is required to work ordinary hours on a holiday as prescribed by this award, the council and the employee may agree that the employee be paid time and a half for the hours worked on a holiday and in addition, grant a day off in lieu to be paid at ordinary time for each holiday worked. Such leave shall be taken at a mutually convenient time.

(e) When a holiday occurs on a day on which an employee is rostered off while employed on a seven day a week rotating roster system, the employee shall be paid a day's pay at ordinary rates in addition to the ordinary week's pay. Council may in lieu of making such additional payment, grant a day's leave for each such holiday, which may be taken at such time as is mutually agreed to between the council and the employee.

18. Leave Provisions

A. Sick Leave

(i) Employees who are unable due to sickness to attend for duty shall be entitled during each year of service to sick leave of 3 weeks at the ordinary rate of pay subject to the following conditions:

(a) the council shall be satisfied that the sickness is such that it justifies the time off; and

(b) that the illness or injury does not arise from engaging in other employment; and

(c) that the proof of illness to justify payment shall be required after 2 days absence or after 3 separate periods in each service year; and

(d) when requested, proof of illness shall indicate the employee's inability to undertake their normal duties.

(ii) Proof of illness may include certification from a qualified medical/health practitioner, registered with the appropriate government authority.

(iii) The council may require employees to attend a doctor nominated by council at council's cost.

(iv) Sick leave shall accumulate from year to year so that any balance of leave not taken in any one year may be taken in a subsequent year or years.

(v) Accumulated sick leave shall be transferable on change of employment from council to council within New South Wales up to 13 weeks, provided that an employee shall only be entitled to transfer sick leave accumulated since the employee's last anniversary date on a pro-rata basis.

Such accumulated sick leave shall only be transferable if the period of cessation of service with the council and appointment to the service of another council does not exceed three months.

The sick leave entitlement transferred shall not exceed the maximum amount transferable as prescribed by the appropriate award at the time of transfer.

(vi) Where an employee has had 10 years' service with the present council and the sick leave entitlement as prescribed has been exhausted, council may grant such additional sick leave as, in its opinion, the circumstances may warrant.

(vii) Section 50 of the Workers Compensation Act 1987 dealing with the relationship between sick leave and workers compensation applies.

B. Carer's Leave

(i) Use of Sick Leave: An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause (iii)(b) below who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement,

provided for at clause 18A, Sick Leave, 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.

(ii) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

(a) the employee being responsible for the care of the person concerned; and

(b) the person concerned being:

(1) a spouse of the employee; or

(2) a defacto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person 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

(3) a child or an adult child (including an adopted child, a step child, foster child or an ex nuptial child), parent (including a foster parent, step parent and legal guardian), parents of spouse, grandparent, grandchild or sibling (including half, foster and step sibling) of the employee or spouse or de facto spouse of the employee; or

(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

(5) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

(a) 'relative' means a person related by blood, marriage or affinity;

(b) 'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

(c) 'household' means a family group living in the same domestic dwelling.

(iv) An employee shall, wherever practicable, give the council notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's 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 employer by telephone of such absence at the first opportunity on the day of absence.

(v) Time off in Lieu of Payment for Overtime: An employee may, with the consent of the council, elect to take time in lieu of payment of overtime accumulated in accordance with the provisions of subclause 16(A), for the purpose of providing care and support for a person in accordance with subclause (iii) above.

(vi) Make-up: An employee may elect, with the consent of the council, to work 'make-up time', under which the employee takes time off during ordinary hours, and works those hours at a later time, within the spread of ordinary hours provided in the award, at the ordinary rate of pay for the purpose of providing care and support for a person in accordance with subclause (iii) above.

(vii) Annual Leave and Leave Without Pay: An employee may elect with the consent of council to take annual leave or leave without pay for the purpose of providing care and support for a person in accordance with subclause (iii) above. Such leave shall be taken in accordance with subclauses 18C, Annual Leave and 18G, Leave Without Pay of this award.

C. Annual Leave

(i) Annual leave of absence consisting of 4 weeks at the ordinary rate of pay, exclusive of public holidays observed on working days shall be granted to an employee, after each 12 months service and, except as provided for in sub-clause (ii) of this clause, shall be taken on its due date or as soon as is mutually convenient thereafter to council and the employee.

(ii) Council may direct an employee to take annual leave by giving at least four weeks prior notification in the following circumstances:

(a) where the employee has accumulated in excess of eight weeks annual leave

(b) a period of annual close-down of up to and including 4 weeks.

Provided that:

(1) Where an employee has accrued more annual leave than the period of the annual close down, the balance of such leave shall be taken in accordance with subclause (i) of this clause.

(2) In the case of employees who are not entitled to annual leave or do not have an entitlement sufficient to cover the period of the close-down, council shall endeavour to provide meaningful duties as are within the limits of the employee's skill, competence and training for the whole or part of the close-down.

(3) In the event that meaningful duties are not available the employee may be directed to take leave without pay, or by agreement with council may take annual leave in advance of the entitlement provided that in the event of the employee leaving employment before the entitlement becomes due, such annual leave shall be repaid by a deduction from the employee's termination pay.

(4) In the event that leave without pay is directed to be taken, such leave shall be regarded as service for the purpose of the accrual of long service leave, sick leave and annual leave.

(iii) The council shall pay each employee before the commencement of the employee's annual leave.

(iv) On resignation or termination of employment, the council shall pay to the employee any accrued annual leave. In addition, the employee shall be paid annual leave on a proportionate basis being equal to one twelfth of the employee's ordinary weekly rate of pay for each completed week of service. The amount payable shall be calculated according to the ordinary rate of pay applicable at the date of termination of service.

Provided that the employee shall not receive payment for more than four weeks annual leave for any period of twelve months.

(v) Where an employee receives a varying rate of pay for 6 months in the aggregate in the preceding 12 month period, the employee's ordinary rate of pay shall be deemed to be the average weekly rate of pay earned during the period actually worked over the 12 months immediately preceding the annual leave or the right to payment under this clause.

D. Long Service Leave

(i) (a) An employee of council shall be entitled to Long Service Leave at the ordinary rate of pay as follows:-

LENGTH OF SERVICE ENTITLEMENTAfter 5 years' service 6.5 weeksAfter 10 years' service 13 weeks

After 15 years' service 19.5 weeksAfter 20 years' service 30.5 weeksFor every completed period of 5 years' service thereafter 11 weeks

(b) Where an employee has completed more than five years service with the council and is terminated for any cause, long service leave shall be deemed to have accrued for the employee's total length of service and an amount equivalent to such long service leave, less such leave already taken, computed in monthly periods and equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks for each year of service from 15 years onwards.

(ii) (a) Long service leave shall be taken at a time mutually convenient to the council and employee in minimum periods of one week provided that all long service leave accruing on or after 23 June 1988 shall be taken within five years of it falling due.

(b) Payment to an employee proceeding on long service leave shall be made by the council at the employee's ordinary rate of pay at the time the employee enters upon the leave.

(c) An employee who has become entitled to a period of leave and the employee's employment is terminated by resignation, death or dismissal for any cause shall be deemed to have entered upon leave at the date of termination of the employment and shall be entitled to payment accordingly.

(iii) (a) For the purpose of calculating long service leave entitlement in accordance with subclause (i) of this clause all prior continuous service with any other council within New South Wales shall be deemed to be service with the council by which the employee is currently employed.

(b) Continuity of service shall be deemed not to have been broken by transfer or change of employment from one council to another provided the period between cessation of service with one council and appointment to the service of another council does not exceed three months and such period is covered by accrued annual and long service leave standing to the credit of the employee at the time of the transfer, provided further that the employee concerned does not engage in work of any kind during the period of paid leave between the cessation of service with one council and appointment to the service of another council.

(iv) For the purpose of this clause, service shall include the following periods:-

(a) Any period of service with any of Her Majesty's Forces provided that the employee enlisted or was called up direct from the service of a council.

(b) In the case of an employee, transferred to the service of a council of a new or altered area - any period of service with the council from which such employee was transferred.

(c) Service shall mean all service with a council irrespective of the classification under which the employee was employed.

(v) There shall be deducted in the calculation of the employee's service all leave of absence without payment not specifically acknowledged and accepted by council as service at the time leave was taken.

(vi) When an employee transfers from one council to another, the former council shall pay to the newly employing council the monetary equivalent of all long service leave accruing to the employee at the time of transfer. However, an employee who at the time of transfer has completed at least ten years continuous service may elect to be paid the monetary equivalent of the entitlement.

Employees who at the time of transfer elect to be paid the monetary equivalent of their long service leave entitlement shall have that entitlement calculated by multiplying in completed years and months their period of continuous service with council(s).

A statement showing all prior continuous service with the council(s) of the employee concerned shall be furnished together with details of the assessment of the amount of money shall be paid into a Long Service Leave Reserve Account and appropriate notations made in the council's Long Service Leave Record.

(vii) A council which has received under subclause (vi) of this clause a monetary equivalent on long service leave entitlement to cover an employee's period of service with a previously employing council(s) shall if the employee subsequently leaves the service of that employing council to seek employment outside New South Wales Local Government before a long service leave entitlement has become due, refund to such previously employing council(s) the amount paid.

(viii) Long service leave shall be exclusive of annual leave and any other holidays as prescribed by Clause 17, Holidays of this award, occurring during the taking of any period of long service leave.

(ix) When the service of an employee is terminated by death the council shall pay to the employee's estate the monetary equivalent of any untaken long service leave standing to the employee's credit at the time of the employee's decease.

(x) Where an employee's service is terminated through shortage of work, material or finance or through illness certified by duly qualified medical practitioner and such employee is re-employed by the same council within 12 months of termination of service, prior service shall be counted for the purpose of this clause.

E. Paid Maternity Leave

(i) (a) This clause applies to all full time and part time female employees who have had 12 months continuous service with council immediately prior to the commencement of maternity leave or special maternity leave and to female casual employees who have worked on a regular and systematic basis with council for at least 12 months prior to the commencement of maternity leave or special maternity leave.

(b) Paid maternity leave shall mean leave taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Paid maternity leave consists of an unbroken period of leave.

(c) Paid special maternity leave shall mean leave taken by an employee where the pregnancy of the employee terminates before the expected date of birth (other than by the birth of a living child), or where she suffers illness related to her pregnancy, and she is not then on paid maternity leave; provided that a medical practitioner certifies such leave to be necessary before her return to work.

(ii) (a) An employee shall be entitled to a total of 9 weeks paid maternity leave or special maternity leave on full pay; or 18 weeks maternity leave or special maternity leave on half pay; or maternity leave or special maternity leave on a combination of full pay or half pay provided the leave does not exceed the equivalent of 9 weeks on full pay.

(b) The employee may choose to commence paid maternity leave before the expected date of the birth.

(iii) (a) Annual leave, long service leave, unpaid maternity leave and any accumulated time in lieu may be taken in conjunction with paid maternity leave and special maternity leave, subject to council approval, provided that the total period of leave does not exceed 52 weeks.

(b) The period of paid maternity leave and special maternity leave is taken into account in calculating the employee's long service, annual and sick leave accruals.

(c) Paid maternity leave may not be extended beyond the first anniversary of the child's birth.

(iv) Payment for maternity leave and special maternity leave is at the ordinary rate applicable prior to the commencement of the leave period. Employees working as permanent part time employees will be paid at their ordinary part time rate of pay calculated on the regular number of hours worked. A casual employee's rate of pay will be calculated by averaging the employee's weekly wage in the 12 months immediately prior to the employee commencing paid maternity leave or special maternity leave.

(v) Paid maternity leave and special maternity leave shall be exclusive of public holidays.

(vi) Notice of intention to take paid maternity leave

The employee must:

provide council with certification of the expected date of confinement at least 10 weeks before the child is due. This is known as the first notice;

advise council in writing of her intention to take paid maternity leave and the proposed start date at least 4 weeks prior to that date. This is known as the second notice.

provide a signed statutory declaration that the employee will be the primary care giver to the child and that the paid maternity leave will not be taken in conjunction with any partner accessing paid parental leave entitlements.

(vii) The employee will not engage in any other form of paid work during the period of paid maternity leave without the approval of the General Manager.

(viii) Subject to an application by the council and further order of the Industrial Relations Commission of New South Wales, a council may pay a lesser amount (or no amount) of maternity leave or special maternity leave than that contained in this clause where council can demonstrate economic hardship.

F. Other Paid Leave

(i) Jury Service Leave

An employee required to attend for jury service during the employee's ordinary working hours shall be reimbursed by the council an amount equal to the difference between the amount in respect of the employee's attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

An employee shall notify the council as soon as possible of the date upon which the employee is required to attend for jury service. Further the employee shall give council proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

(ii) Bereavement Leave

Where an employee is absent from duty because of the death of a person in accordance with paragraphs (a)-(e) below and provides satisfactory evidence to council of such, the employee shall be granted two days leave with pay upon application.

Persons in respect of whom bereavement leave may be claimed shall include:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person 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

(c) a child or an adult child (including an adopted child, a step child, foster child or an ex nuptial child), parent (including a foster parent, step parent and legal guardian), parents of spouse, grandparent, grandchild or sibling (including half, foster and step sibling) of the employee or spouse or de facto spouse of the employee, or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph;

(1) 'relative' means a person related by blood, marriage or affinity;

(2) 'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

(3) 'household' means a family group living in the same domestic dwelling.

(iii) Trade Union Training Leave

An employee who has been sponsored by the union to attend a course of training conducted by or with the support of the Trade Union Training Australia Inc, shall be entitled to paid leave of absence to attend such course; provided that no council shall be called upon to pay more than 10 days leave per calendar year irrespective of the number of council employees who attend the aforementioned courses.

(iv) Union Conference Leave

An employee of council who is an accredited delegate to the union's Annual Conference shall be entitled to paid leave of absence for the duration of the conference; provided that should there be more than one accredited delegate per union from a council, such leave with pay is at the discretion of council.

G. Leave Without Pay

(i) Periods of leave without pay, shall be taken at a time mutually convenient to council and the employee, and shall not be regarded as service for the purpose of computing long service leave, sick leave or annual leave. Such periods of leave without pay shall not however, constitute a break in the employee's continuity of service.

(ii) An employee shall not be entitled to any payment for public holidays during an absence on approved leave without pay.

19. Part-Time Employment

(i) A part-time employee shall mean an employee who is engaged on the basis of a regular number of hours, which are less than the full-time ordinary hours in accordance with Clause 15, Hours of Work

(ii) Prior to commencing part-time work the council and the employee shall agree upon the conditions under which the work is to be performed including:

(a) The hours to be worked by the employee, the days upon which they shall be worked and the commencing times for the work.

(b) The nature of the work to be performed.

(c) The rate of pay as paid in accordance with this award.

(iii) The conditions may also stipulate the period of part-time employment.

(iv) The conditions may be varied by consent.

(v) The conditions or any variation to them must be in writing and retained by the council. A copy of the conditions and any variations to them must be provided to the employee by the council.

(vi) (a) Where it is proposed to alter a full-time position to become a part-time position such proposal shall be referred to the consultative committee for information.

(b) In such cases council and the employee shall agree upon the conditions, if any, of return to full-time work.

(vii) A part-time employee may work more than their regular number of hours at their ordinary hourly rate by agreement. Where an employee works hours outside the spread of hours in Clause 15, Hours of Work, the provisions of Clause 16, Overtime, shall apply.

(viii) Part-time employees shall receive all conditions prescribed by the award on a pro-rata basis of the regular hours worked. An adjustment to the accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

(ix) Where a public holiday falls on a day where a part-time employee would have regularly worked the employee shall be paid for the hours normally worked on that day.

(x) A change to full-time employment from part-time employment or to part-time employment from full-time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

20. Casual Employment

(i) A casual employee shall mean an employee engaged on a day-to-day basis.

(ii) A casual employee shall be paid the hourly rate for ordinary hours worked in accordance with Clause 15, Hours of Work.

(iii) Overtime shall be paid where a casual employee works outside the ordinary hours for that position. In cases where there are no ordinary hours for the position, overtime shall be paid for the hours worked in excess of those prescribed in Clause 15, Hours of Work.

(iv) In addition to the amounts prescribed by subclause (ii) of this clause, a twenty-five percent loading, calculated on the ordinary hourly rate, shall be paid. This loading shall not attract any penalty. This loading shall be paid in lieu of all leave and severance pay prescribed by the award.

(v) Casual employees engaged on a regular and systematic basis shall:

(a) Have access to annual assessment under council's salary system.

(b) Have their service as a casual counted as service for the purpose of calculating long service leave where the service as a casual employee is continuous with their appointment to a permanent position on council's structure. In calculating the long service leave entitlement in such cases there shall be a deduction of the long service leave accrued whilst the employee was employed as a casual.

(vi) A casual employee shall not replace an employee of council on a permanent basis.

21. Job Share Employment

(i) Job sharing is a form of part-time employment where more than one employee shares all the duties and responsibilities of one position.

(ii) (a) Job sharing shall be entered into by agreement between the council and the employees concerned.

(b) Such agreement shall be referred to the consultative committee for information.

(iii) Council and the job sharers shall agree on the allocation of work between job sharers.(iv) (a) The ordinary hours of work of the position shall be fixed in accordance with Clause 15, Hours

of Work of this award.

(b) The job sharers in conjunction with council shall agree on the hours to be worked. Such agreement shall specify the regular number of ordinary hours to be worked by each job sharer.

(v) (a) In the absence of a job sharer the remaining job sharer(s) may be required by council to relieve the absent job sharer provided the remaining job sharer(s) are reasonably available.

(b) In such cases the relieving job sharer(s) shall be paid their ordinary rate of pay for the time relieving.

(vi) A job sharer may work more than their regular number of hours at their ordinary hourly rate by agreement. Where an employee works hours outside the spread of hours in Clause 15, Hours of Work, the provisions of Clause 16, Overtime, shall apply.

(vii) Council must establish appropriate communication mechanisms between the job sharers to facilitate the handing over of tasks from one job sharer to another.

(viii) (a) Job sharers shall have access to all provisions of this award including training and development.

(b) Job sharers shall receive pro-rata pay and conditions in proportion to the ordinary hours worked by each job sharer.

(c) An adjustment to accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

(d) A change to job sharing from full-time or part-time employment or from job sharing to full-time or part-time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

(ix) In the event of a job sharer vacating the position council shall review the position and shall consider filling the vacancy or offering the remaining job sharer(s) increased hours.

(x) The terms of a job share arrangement or any variation to it must be in writing. A copy of the arrangement and any variation to it must be provided to the job sharer(s) by the council.

22. Junior and Trainee Employment

A. General

(i) The rates of pay specified in Band 1 / Level 1 are actual not minimum rates.

(ii) Employees engaged at the T3 rate of pay or above may be required to possess a Provisional or Class C Drivers Licence.

B. Junior Employment

(i) The rates of pay as provided in Band 1 / Level 1 are payable to juniors (15-18 years old).

(ii) A junior employee shall be appointed to Band 1 / Level 1 according to either their age or educational qualification, whichever provides for the higher rate of pay.

(iii) Progression along the scale is automatic up to and inclusive of T4, according to the employee's age.

C. Trainee Employment And Apprenticeships

(i) The rate of pay as provided for in Band 1 / Level 1 are payable to employees undertaking entry-level training.

(ii) An employee shall be appointed to Band 1 / Level 1 according to either their age or educational qualification, whichever provides for the higher rate of pay.

(iii) Progression along the scale is not automatic, but is subject to successful completion of appropriate training modules and satisfactory service.

(iv) Upon successful completion of entry-level training, the employee shall proceed to the appropriate band and level in the structure, if the employment is to be continued beyond the training period.

(v) In addition to the vocational training direction, the council shall provide an apprentice with the conditions of the apprenticeship in writing and these conditions shall include:

(a) the term of the apprenticeship;

(b) the course of studies to be undertaken by the apprentice;

(c) the course of on the job training to be undertaken by the apprentice.

D. Government Funded Traineeships

(i)

(a) The objective of Part E of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees.

(b) The system is neither designed nor intended for those who are already trained and job ready.

(c) Nothing in this subclause shall be taken to replace the prescription of training requirements for all other employees bound by this award.

(ii) Except as in hereinafter provided, all other terms and conditions of this award shall apply.

(iii)

(a) This subclause shall apply to trainees engaged to undertake a traineeship, which is a system of training approved by the relevant state training authority. The trainee and the council shall be bound by a training agreement made in accordance with this award and shall not operate unless this condition is met.

(b) A traineeship shall not commence until the relevant Traineeship Agreement has been registered with the relevant State Training Authority.

(iv) The council shall ensure that the trainee is permitted to attend the training course or program provided for in the Traineeship Agreement and shall ensure that the trainee receives the appropriate on-the-job training in accordance with the Traineeship Agreement.

(v) The council shall provide a level of supervision in accordance with the Traineeship Agreement during the traineeship period.

(vi) Training shall be directed at:

(a) the achievement of key competencies required for successful participation in the workplace and / or

(b) the achievement of competencies required for successful participation in an industry.

(vii) Until consultation and negotiations with the relevant industry union(s) upon the terms of the proposed Traineeship Scheme and the Traineeship has occurred a Traineeship Scheme shall not be given approval. An application for approval of a Traineeship Scheme shall identify the relevant industry union(s) and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiations have occurred.

(viii) Part D of this clause does not apply to apprentices.

(ix) Any existing employment arrangements for the Australian Traineeship System (ATS) or the Career Start Traineeship (CST) shall not apply to any council bound by this award, except in relation to ATS or CST trainees who commenced a traineeship with the council before the council was bound by this award.

(x) Trainees shall not displace existing employees from employment. Trainees shall only be engaged in addition to existing staff positions and employment levels.

(xi) A trainee shall be engaged on a full time basis for the period of at least twelve months. By agreement in writing, and with the consent of the relevant State Training Authority, the relevant council and the trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. This clause shall not restrict a council's ability to engage a trainee under a school-based traineeship.

(xii)

(a) Council shall not terminate the trainee's service without providing written notice of termination in accordance with the training agreement and subsequently to the relevant State Training Authority as appropriate.

(b) Where the council chooses not to continue the employment of a trainee upon the completion of the traineeship, it shall notify the relevant state training authority as appropriate, of its decision.

(xiii) A trainee who fails to complete the traineeship or who cannot for any reason be placed in full-time employment with the council on the successful completion of the traineeship, shall not be entitled to any severance payments payable pursuant to termination, change or redundancy provisions or provisions similar thereto.

(xiv) The trainee shall be permitted to be absent from work without loss of continuity of employment and / or wages to attend the training in accordance with the Traineeship Agreement.

(xv) Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service with the council for the purposes of this award or any other legislative entitlements.

(xvi) Wages:

(a) The weekly amount of pay payable to trainees shall be as provided in Table 1 of Part B, Traineeship Rates, of this award.

(b) The trainee wage rates contained in this award are minimum rates and shall only apply to trainees while they are undertaking an approved traineeship, which includes approved training as prescribed above.

23. Training and Development

(i) The parties to this award recognise that increasing the efficiency and productivity of the industry requires an ongoing commitment to education, training and skill maintenance, development and enhancement.

Accordingly the parties commit themselves to:

(a) developing a more highly skilled and flexible workforce

(b) providing employees with opportunities through appropriate education and training to acquire additional skills and

(c) removing barriers to the utilisation of skills in accordance with councils' training plans.

(ii) All employees shall have reasonable and equitable access to education and training, such education and training shall:

(a) be consistent with the council's training plan

(b) enable employees to acquire the range of skills they are required to apply in their positions

(c) enhance employees' opportunities for mobility through councils' organisation structures, through participation in councils' training plans.

(iii) Training Plan and Budget

(a) Council shall develop a training plan and budget consistent with:

1. the current and future skill requirements of the council.

2. the size, structure and nature of the operations of the council.

3. the need to develop vocational skills relevant to council and the Local Government industry.

(b) In developing the training plan, the council shall have regard to corporate, departmental and individual training needs.

(c) The training plan shall be designed in consultation with the consultative committee.

(d) The training plan shall, where appropriate, provide for training that is consistent with the National Local Government Competency Standards.

(e) The training plan, shall provide for the assessment and recognition of employee's current competencies where possible.

(f) Selection of participants to receive council required training in accordance with council's training plan is to be based on merit and the needs of the employee as identified in the employee's performance appraisal.

(iv) If an employee is required by council to undertake training in accordance with the council's training plan:

(a) the council shall grant the employee paid leave to attend course requirements including examinations where the training is undertaken during ordinary working hours;

(b) where the course requirements contain more than a 15% off-the-job component calculated over any 12 month period the extent to which council will grant paid leave to attend such course requirements shall be specified in the training plan;

(c) council shall pay course fees at the commencement of each stage but shall not pay course fees if the employee is repeating;

(d) council shall either provide transport or pay reasonable travelling expenses to enable employees to attend course requirements; and

(e) reasonable travel arrangements shall be agreed.

(f) where an employee is required to complete major assignment(s) council and the employee shall agree upon appropriate flexible work and study arrangements as are practicable.

(v) Council may grant an employee undertaking a course consistent with council's training plan, although not at council's requirement, leave with pay or leave without pay to attend course requirements provided that the employee gives reasonable notice of such requirements. Where the employee is not granted such leave council shall give preference in granting annual leave or other accrued leave to attend course requirements provided that the employee gives reasonable notice of such requirements. Council may pay course fees at its discretion.

(vi) Development of a Competency Based Training System.

(a) The parties to the award are committed to the development of a competency based system of vocational education and training for Local Government. Such a system involves the delivery, assessment and certification of training being related to the identification and demonstrated attainment of the knowledge, skills and their application required for effective performance in work at the required level, as defined in industry endorsed competency standards.

(b) The parties shall continue to participate in the development of a competency based training system to ensure that the following are achieved:

(1) that competency standards developed provide the specification of the knowledge and skill and the application of that knowledge and skill to the standards of performance required in employment;

(2) that competency standards are reviewed in a systematic manner to ensure that they remain relevant to the actual needs of the industry;

(3) that accredited courses and training programs deliver the required competencies and to ensure that assessment processes measure an employee's competency against prescribed standards of performance. These processes involve recognition of prior learning and assessment mechanisms.

(4) that certification provides employees with formal recognition of the competencies they have achieved and demonstrated.

24. Performance Evaluation and Reward

A. Enterprise

(i) It is the intention of the parties to create a flexible award in which councils can increase the overall efficiency and effectiveness of Local Government services.

(ii) Council should consider the development of enterprise key performance indicators, which are specific to local needs.

(iii) Where a council develops enterprise key performance indicators regard shall be had to the following:

(a) measurement of the manner and process by which services are provided;

(b) measurement of both qualitative and quantitative aspects of service provision eg. community satisfaction, timeliness, service quality, output and cost data;

(c) those indicators identified in the publication 'Comparative Information on New South Wales Local Government Councils' issued by the New South Wales Department of Local Government.

(iv) Council shall discuss enterprise key performance indicators relating to human resources activities and / or job redesign with the consultative committee.

(v) Employee(s) or the council may seek assistance from the appropriate union or association in developing and implementing enterprise key performance indicators.

B. Individual / Team

(i) Enterprise key performance indicators may be used to develop performance targets for teams or individual employees.

(ii) All employees need to know and have confirmed the role, accountabilities and performance standards that are expected of them. Role clarity, acceptance of goals and regular feedback are essential to effective performance.

A key aim should be to provide a means of recognising and rewarding high performance and to provide an early assessment and response to substandard performance.

A review system also provides a basis for identifying development needs for individuals, and can be used as an important input to promotion decisions.

(iii) This award recognises that all employees shall have on-going feedback about performance.

The performance development process can be simplified to three stages;

(1) joint development on objectives and performance standards;

(2) progress reviews; and

(3) a formal performance review, which is followed by decisions and outcomes.

(iv) Where a salary system provides for the payment of a performance component separate from a skills component, variations to payments under the performance component shall not affect payments under the skills component.

25. Consultative Committees

A. Aim

The parties to the award are committed to consultative and participative processes. Each council shall establish, and properly maintain, a consultative committee, which shall meet regularly and which shall:

(i) provide a forum for consultation between council and its employees;

(ii) positively co-operate in workplace reform to enhance the efficiency and productivity of the council and to provide employees with access to career opportunities and more fulfilling, varied and better paid work.

B. Size and Composition

(i) (a) The size and composition of the consultative committee shall be representative of council's workforce and agreed to by council and the local representatives from the following unions;

Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division

Environmental Health and Building Surveyors' Association of New South Wales

Australian Services Union of New South Wales

Local Government Engineers' Association of New South Wales

(b) Employee representatives shall include:

Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (Salaried) 1 elected

Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (Wages) 1 elected

Environmental Health and Building Surveyors' Association of New South Wales 1 elected

Australian Services Union of New South Wales 1 elected

Local Government Engineers' Association of New South Wales 1 elected

who have members employed at council.

(c) Management representative(s) on the consultative committee shall be nominated by council.

(ii) Officers of the union(s) or Association(s) may attend and provide input to meetings of the consultative committee.

C. Scope of Consultative Committees

(i) The functions of the consultative committee shall include but not be limited to:

(a) award implementation(b) training(c) consultation with regard to organisation restructure(d) job redesign(e) salary systems(f) communication and education mechanisms(g) performance management systems(h) hours of work

D. Meetings and Support Services

(i) The consultative committee will make recommendations based upon consensus. Where there is no consensus on a particular item, the recommendation to council should note the dissenting views.

(ii) Potential problems should be identified and resolved at the local level. Failing this, the matter should in the first instance be referred to the Industry Award Restructuring Committee, and if necessary, resolved in accordance with Clause 27, Grievance and Dispute Procedures set out in this award.

(iii) The consultative committee shall adopt a constitution which shall include, but not be limited to, the election of a chairperson and secretary, meeting frequency, support services, access to information and communication with constituents.

(iv) All members of the consultative committee should undergo appropriate training and education to effectively understand and participate in the consultative committee.

26. Appointment and Promotion

(i) When it is proposed to make an appointment or promotion to a new or vacant position within the organisation structure of the council, the position must be advertised in a manner sufficient to enable suitably qualified persons to apply for the position.This subclause applies to the appointment of any employee where the term or terms of employment are for more than 12 months in any period of 2 years.

(ii) When the decision is being made to appoint a person to a position:

(a) only a person who has applied for an appointment to the position may be selected; and

(b) from among the applicants eligible for appointment, the applicant who has the greatest merit is to be selected.

(iii) The merit of the persons eligible for appointment to a position is to be determined according to:

(a) the nature of the duties of the position; and

(b) the abilities, qualifications, experience and standard of work performance of those persons relevant to those duties.

(iv) Where requested in writing, internal applicants shall be given the reasons in writing for not being appointed.

(v) Subclauses (i), (ii) and (iii) of this clause do not apply to any appointment which is made by way of demotion or lateral transfer unless the council decides that those subclauses are to apply to the appointment.

(vi) If a position within the organisation structure of a council is vacant or the holder of such a position is sick or absent, the council may appoint a person to the position temporarily. A person appointed to a position temporarily shall not continue in that position for a period of more than 12 months.

27. Grievance and Dispute Procedures

(i) At any stage of the procedure, the employee(s) may be represented by their union or its local representative/delegate and the council represented by the Association.

(ii) The union delegate shall have reasonable opportunity to discuss disputes with management.

(iii) A grievance or dispute shall be dealt with as follows:

(a) The employee(s) shall notify the supervisor of any grievance or dispute and the remedy sought, in writing.

(b) A meeting shall be held between the employee(s) and the supervisor to discuss the grievance or dispute and the remedy sought within two working days of notification.

(c) If the matter remains unresolved, the employee(s) may request the matter be referred to the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable.

(d) If the matter remains unresolved the general manager shall provide the employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy.

(e) Where the matter remains unresolved, it may be referred to the employee's union or representative and by the general manger or other authorised officer to the Association for further discussion between the parties.

(iv) The Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure.

(v) During this procedure and while the matter is in the course of negotiation, conciliation and / or arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal.

28. Disciplinary Procedures

A. Employee's Rights

Notwithstanding the procedures below, an employee shall:

(i) Have access to their personal files and may take notes and / or obtain copies of the contents of the file.

(ii) Be entitled to sight, note and / or respond to any information placed on their personal file, which may be regarded, as adverse.

(iii) Be entitled to make application to delete or amend any disciplinary or other record mentioned on their personal file which the employee believes is incorrect, out-of-date, incomplete or misleading.

(iv) Be entitled to request the presence of a union representative and / or the involvement of their union at any stage.

(v) Be entitled to make application for accrued leave for whole or part of any suspension during the investigation process.

B. Employer's Rights and Obligations

Notwithstanding the procedures contained below, a council shall:

(i) Be entitled to suspend an employee with or without pay during the investigation process provided that:

(a) If, after investigation, the reasons for the suspension are found to be inappropriate, the employee shall not suffer any loss of pay for the period under suspension.

(b) The suspension shall not effect the employee's continuity of service for the purposes of accruing leave entitlements.

(c) Council shall not unreasonably refuse an application for paid leave under this provision.

(d) By agreement an employee may be transferred to another position or place of work.

(ii) Properly conduct and speedily conclude an investigation into the alleged unsatisfactory work performance or conduct.

(iii) Be entitled to take other disciplinary action before and / or during the procedures in cases of misconduct or where the employee's performance warrants such action.

(iv) In appropriate circumstances be entitled to terminate an employee's services in accordance with Clause 30, Termination of Employment of this award.

(iv) Be entitled to request the presence of a union representative at any stage.C. Procedures

(i) Where an employee's work performance or conduct is considered unsatisfactory, the employee shall be informed in the first instance of the nature of the unsatisfactory performance or conduct and of the required standard to be achieved, by the employee's immediate supervisor or other appropriate officer of council.

(ii) Unsatisfactory work performance or conduct shall include, but not be limited to, neglect of duties, breach of discipline, absenteeism and non-compliance with safety standards. A written record shall be kept on the appropriate file of such initial warning. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.

(iii) Where there is re-occurrence of unsatisfactory work performance or conduct, the employee shall be warned formally in writing by the appropriate officer of council and counselled.

Counselling should reinforce the standard of work or conduct expected and, where the employee is failing to meet these required standards, a suitable review period for monitoring the employee's performance; the severity of the situation; and whether disciplinary action will follow should the employee's work performance or conduct not improve. A written record shall be kept of such formal warning and counselling. The employee shall be entitled to sight and sign such written record and add any notations regarding the contents of such record.

(iv) If the employee's unsatisfactory work performance or conduct continues or resumes following the formal warning and counselling, the employee shall be given a final warning in writing giving notice of disciplinary action should the unsatisfactory work performance or conduct not cease immediately.

(v) If the employee's work performance or conduct does not improve after the final warning further disciplinary action may be taken.

D. Penalties

After complying with the requirements above, council may:

(i) Demote the employee to a lower paid position, provided that the employee shall not suffer a reduction in the rate of pay for 2 weeks from the date of the demotion.

(ii) Suspend an employee without pay from work for a specified period of time.

(iii) Terminate the employment of the employee.

29. Occupational Health and Safety

A. Objective

Council shall provide a safe place of work and work practices in accordance with the provisions of the Occupational Health and Safety Act.

B. Accommodation and Shelter

Council shall make appropriate provision for employees with regard to accommodation and shelter and shall satisfy the provisions of the Occupational Health and Safety Act and Regulations.

C. Specific Provisions

(i) Council shall supply employees with protective clothing and equipment suitable to the nature of the work performed and the work environment and that shall satisfy the relevant legislation.

(ii) All new graders, loaders, backhoes, trucks and rollers shall be fitted with air conditioning where practicable.

(iii) Vehicles and plant used in the collection, transportation and disposal of waste, tar patching, patrol grading or like duties shall be of high visibility and fitted with a flashing light or a light visible from all points around the vehicle.

(iv) The employer shall provide oil or other suitable solvents to employees for the removal of creosote, tar, bitumen emulsions or similar preparations.

(v) Where any acidic or caustic products are used by employees, adequate facilities shall be provided to enable them to wash any affected areas and an adequate quantity of barrier cream shall be provided.

(vi) Employees shall be supplied with sufficient cool water containers to ensure that adequate clean, cool drinking water is available throughout the day.

(vii) No employee shall be required to work alone outside of built-up areas without all available communications to allow continuous contact in all conditions.

(viii) Where an employee during the course of work, sustains damage to clothing by fire, molten metal, tar or any corrosive substances, which is not attributable to the employee's negligence, the employee shall be compensated by council to an agreed amount.

30. Termination of Employment

(i) An employee shall give to council 2 weeks notice of their intention to terminate their employment. If no such notice is provided, council shall be entitled to deduct pay equivalent to the required notice from any entitlements payable under this award.

(ii) A council and an employee may agree to a shorter period of notice for the purpose of this subclause, in special circumstances.

(iii) The council shall give to an employee a period of notice of termination in accordance with the following scale or by payment in lieu thereof:

EMPLOYEE'S PERIOD OFCONTINUOUS SERVICE

PERIOD OF NOTICE

Less than 2 years At least 2 weeks2 years and less than 3 years At least 3 weeks3 years and less than 5 years At least 4 weeks5 years and beyond At least 5 weeks

(iv) The provision of this clause shall be read subject to the provisions of Clause 31, Workplace Change and Redundancy.

31. Workplace Change and Redundancy

(i) Council's Duty to Notify

(a) Where a council has made a definite decision to introduce major changes in production, program, organisation structure or technology that are likely to have significant effects on employees, the council shall notify the employees who may be affected by the proposed changes and the unions to which they belong.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the council's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for the alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

(ii) Council's Duty to Discuss Change

(a) Council shall discuss with the employee(s) affected and the union to which they belong, inter alia, the introduction of the changes referred to in sub-clauses (i)(a) and (b) of this clause, what affects the changes are likely to have on the employee(s) and measures to avert or mitigate the adverse changes on the employee(s) and shall give prompt consideration to matters raised by the employee(s) and / or their union in relation to the changes and may reconsider its original decision.

(b) The discussion shall commence as early as practicable after a definite decision has been made by the council to make the changes referred to in sub-clause (i)(a) and (b) of this clause.

(c) For the purposes of the discussion, the council shall provide to the employee(s) concerned and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on the employee(s) and any other matters likely to affect the employee(s).

(iii) Discussion Before Termination

(a) Where a council has made a definite decision that it no longer wishes the job the employee has been doing done by anyone pursuant to subclause (i)(a) and (b) of this clause and that decision may lead to the termination of employment, the council shall hold discussions with the employee directly effected and with the union to which they belong.

(b) The discussion shall take place as soon as it is practicable after the council has made a definite decision which shall invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of the terminations of the employee(s) concerned. Measures to mitigate the adverse effect on employees may include consideration of re-training opportunities, redeployment, recruitment advice, the payment of relocation allowances, provision of additional notice, access to an employee assistance program, financial advice and such other assistance as may be reasonably available.

(c) For the purposes of the discussion, the council shall, as soon as practicable, provide to the employee(s) concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and category of employee(s) likely to be effected and the number of employee(s) normally employed and the period over which the terminations are likely to be carried out. Provided that the council shall not be required to disclose confidential information the disclosure of which would adversely affect the council.

(iv) Notice to Centrelink

Where a decision has been made to terminate employees, the council shall notify the Centrelink as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(v) Notice of Termination

(a) Five weeks notice to terminate or pay in lieu thereof shall be given.

(b) Where an employee is to be terminated because of the introduction of technology the employee shall be entitled to the following:

1. Three (3) months notice of termination or

2. Payment in lieu of the notice in paragraph (i) above. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

3. Notice or payment of notice under this paragraph shall be deemed to be service with the council for the purposes of calculating leave entitlements under this award.

(vi) Severance Pay

(a) This subclause shall apply where an employee is terminated due to redundancy. A council shall be exempt from the operation of this subclause where the employee concerned has been offered, but has refused to accept, an alternative position within the council's organisation structure of comparable skill and accountability levels and remuneration no less than the position previously held by the employee.

(b) In addition to any required period of notice, and subject to subclause (v) of this Clause, the employee shall be entitled to the following;

COMPLETED YEARS OF SERVICE WITH COUNCIL ENTITLEMENTLess than 1 year Nil1 year and less than 2 years 5 weeks pay2 years and less than 3 years 9 weeks pay3 years and less than 4 years 13 weeks pay4 years and less than 5 years 16 weeks pay5 years and less than 6 years 19 weeks pay6 years and less than 7 years 22 weeks pay 7 years and less than 8 years 25 weeks pay8 years and less than 9 years 28 weeks pay9 years and less than 10 years 31 weeks pay10 years and thereafter 34 weeks pay

(vii) An employee who resigns during the period of notice is entitled to the same redundancy payments provided in this clause as if they had remained in the council's employment until the expiry of the notice period.

(viii) During a period of notice of termination given by the council, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. Where required by the council the employee shall provide proof of attendance at an interview.

(ix) If the employee agrees to be redeployed by council into a lower paid position, the employee's existing salary and conditions shall be maintained for a period equivalent to the amount of notice and redundancy pay that the employee would be entitled to under this Award. Provided that should the employee resign during the period of salary maintenance, as provided for by this subclause, the balance of any notice and redundancy pay that the employee would have been entitled to for the remainder of the period of salary maintenance shall be paid on termination.

(x) The council shall, upon receipt of a request from an employee to show employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification or the type of work performed by the employee.

(xi) The council shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

(xii) In the event that council determines that a position is redundant, council where practicable, shall firstly offer such redundancy on a voluntary basis.

(xiii) Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industry unions and the councils bound by this award.

(xiv) Subject to an application by the council and further order of the Industrial Relations Commission on New South Wales, a council may pay a lesser amount (or no amount) of severance pay than that contained in subclause (v) above if the council obtains acceptable alternative employment for an employee.

(xv) Nothing in this clause shall restrict an employee with ten years service or more and council from agreeing to further severance payments.

32. Competitive Tendering

(i) Competitive tendering is the calling of tenders by council for the provision of service(s) that are currently being performed by council employees where council's in-house service unit submits a bid as well as external contractors. Council then makes its decision based on the tender bids about who will provide the service.

(ii) Prior to making a decision to competitively tender a service, council shall notify and consult with the relevant union(s), which have members likely to be effected by the decision.

(iii)

(a) Where a council makes a definite decision to competitively tender a service council shall notify the employees who may be affected by the proposed tender of such services and the union(s) to which they belong.

(b) Council shall discuss the competitive tendering process with the affected employee(s) and union(s) and give prompt consideration to matters raised by employee(s) and the union(s) to which they belong.

(c) Discussions between council and the affected employee(s) and relevant union(s) shall commence as early as practicable after a definite decision has been made to competitively tender a service.

(d) For the purposes of the discussion council shall provide to the employee(s) and the union(s) to which they belong, all relevant information about the tendering process including the nature of the service to be tendered, the proposed timetable for the tender of the service, the expected effects upon employee(s), a process for the formulation of an in-house bid and any other matters likely to affect the employee(s).

(iv) Where a contract is won by an in-house bid, an agreement stating the duration and other relevant terms shall be entered into.

33. Council Agreements

(i) The parties agree to review operations at the council level on an ongoing basis with a view to providing enhanced flexibility and efficiency and to meet the particular working needs of the council and its employees.

(ii) The terms of any agreement reached between the parties shall substitute for the provisions of the award provided that:

(a) the extent of the agreement shall be limited to the award's Clause 9, Payment of Employees; Clause 11, Travelling and Camping Allowances; Clause 15, Hours of Work; Clause 16, Overtime, Clause 17, Public Holidays; Clause 19, Part time Employment; Clause 21, Job Share Employment; and Clause 24, Performance Evaluation and Reward.

(b) the agreement does not provide less than the entry-level rates of pay

(c) the agreement is consistent with the Industrial Relations Act 1996 (NSW) and current wage fixing principles

(d) the agreement shall be processed in accordance with subclause (iii) of this Clause.

Provided further that, where the agreement proposes to vary award provisions other than those nominated in paragraph (a) above, the agreement shall be processed in accordance with the Enterprise Arrangement Principle.

(iii) A Council Agreement shall be processed as follows:

(a) the unions shall be notified prior to the commencement of negotiations

(b) the agreement has been genuinely arrived at by negotiation without compulsion

(c) the agreement shall be committed to writing and shall include a date of operation and a date of expiration

(d) the Council and the appropriate union(s) shall sign the agreement and a copy sent to the LGSA

(e) Any party to a Council Agreement may at any stage during the above process refer the matter to the Industrial Relations Commission of New South Wales.

34. Industry Award Restructuring Committee

(i) The Industry Award Restructuring Committee (IARC) is established to facilitate a co-operative approach to award restructuring and implementation.

(ii) The Committee shall be comprised of the following representatives:

Two representatives from each of the Local Government and Shires Associations of New South Wales.

One representative from the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division.

One representative from the Environmental Health and Building Surveyors' Association of New South Wales.

One representative from the Australian Services Union of New South Wales.

One representative from the Local Government Engineers' Association of New South Wales.

(iii) The purpose of IARC is to assist councils implement the provisions of the award and / or to provide a forum for the discussion of issues that are of industry wide significance.

(iv) The committee will resolve problems and disputes, which have been unable to be resolved at the local council level.

(v) It is open to employees through their unions and councils through their Association to raise issues with the committee.

(vi) A dispute may be referred to the Industrial Relations Commission of New South Wales in accordance with Clause 27, Grievance and Dispute Procedure, regardless of whether the matter is eligible for discussion before IARC.

35. Savings and Transitional

(i) Council must ensure that employees engaged on incremental scales on or before 8 June 1992, continue to be paid in accordance with the incremental scales as adjusted. This subclause does not apply in the following circumstances:

(a) if council has an operative training plan which is sufficient to allow progression at least equal to that under the previous incremental scales;

(b) if an employee chooses not to undertake training consistent with councils training plan; and

(c) if the incremental scale provides a rate of pay less than the award entry-level rate of pay.

(ii)

(a) No employee shall receive a reduction in pay as a result of the implementation of this award or transfer to a council salary system.

(b) Employees who are in regular receipt of penalty rates / or shift allowances shall not suffer a reduction in their regular income as a result of the operation of Clause 15, Hours of Work.

(iii) Where employees, employed in areas where the council's office is situated upon or to the west of a line starting from a point on the right bank of the Murray River opposite Swan Hill (Victoria), thence by straight lines passing through the following towns or localities in the order stated, viz: Conargo, Argoon, Hay, Rankin's Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of making this award had an entitlement to receive one week's leave of absence with pay in addition to the four weeks annual leave provided by this award, the employee shall retain this entitlement whilst still employed by the council at which they were working at the time of the making this award.

(iv)

(a) West of the Line Allowance - Where employees of the undermentioned council areas and those councils situated to the west thereof at the time of making this award were paid at the rate per week as set out in Table 2 of Part B in addition to their rate of pay, those employees shall retain this entitlement whilst they continue to be employed by the council at which they were working, at the time of the making this Award; Moree Plains, Walgett, Narrabri, Coonamble, Warren, Lachlan, Carrathool, Leeton, Murrumbidgee, Windouran, Murray and Griffith.

(b) Climatic Allowance - Where employees working within the area bounded by the Shires of Snowy River, Tumut and Tumbarumba at the time of the making of this award, were paid per week as set out in Table 2 of Part B or part thereof, those employees shall retain this entitlement whilst still employed by the council at which they were working, at the time of the making this award.

(c) In addition to what is provided in paragraphs (a) and (b) of this subclause, the allowances shall be paid to those employees during periods of absence on paid sick leave, public holidays and annual leave, but not otherwise.

(v) Where an employee prior to 11 May 1995, had an entitlement to transfer accumulated sick leave from one council to another council in New South Wales, under the Local Government Senior Officers' Award the employee shall retain this entitlement.

(vi) Where an employee had an entitlement under awards rescinded and replaced by this award for the payment of unused sick leave arising out of the termination of employment due to ill-health or death and where such entitlement existed as at 15 February 1993 the following provisions shall apply:

(a) In the event of the termination of service of an employee on account of ill-health and the council is satisfied that such ill-health renders the employee unable in the future to perform the duties of such appointed classification, the termination shall not be effected earlier than the date on which the employee's credit of leave at full pay shall be exhausted unless the employee is paid any accrued sick leave at full pay to which such employee would be entitled under this clause.

(b) When the service of an employee is terminated by death, the council shall pay to the employee's estate, the monetary equivalent of any untaken sick leave standing to the employee's credit at the time of death.

(c) Payment under this clause is limited to sick leave calculated to retirement age in accordance with relevant legislation and shall not be payable if the injury or illness arises out of or in the course of employment such that it is compensable under the Workers Compensation Act, 1987.

(d) For the purposes of this subclause such entitlement to payment of untaken sick leave shall be paid be in accordance with Clause 14 of Schedule 4 of the Industrial Relations Act 1996.

(vii) The implementation of this award shall not result in the removal of any existing arrangement for an additional payment made by council for the payment of wages, excepting when such payment relates to FID.

36. Leave Reserved

(i) Leave is reserved for the parties to the award to apply to vary tool allowances as set out in subclause (ii) of clause 11, Expenses and Allowances, in line with the Crown Employees Skilled Tradesmen Award.

(ii) Leave is reserved for the parties to the award to apply to vary the traineeship wage rates in subclause 22D(xvi) in accordance with movements in the National Training Wage Award.

37. Area, Incidence and Duration

(i) This award shall apply to all employees in Local Government within New South Wales, including employees of City of Penrith Regional Indoor Aquatic and Recreation Centre Limited (Ripples) and employees of committees of council established under the Local Government Act 1993. The award does not cover those employees employed by Sydney City Council, South Sydney City Council, Newcastle City Council, Wollongong City Council, and County of Yancowinna.

And excepting those employees covered by the Local Government (Electricians) (State) Award, Butchers' Wholesale (Country) Award and Butchers' Wholesale (Newcastle and Northern) Award and Section 332 of the Local Government Act 1993.

(ii) This award shall rescind and replace the Local Government (State) Award 2000 published 12 January 2001 (321 IG 456) as varied.

(iii) This award shall operate from the commencement of the first pay period on or after the 1 November 2001 and shall remain in force for a period of three years.

(iv) The payment of maternity leave as provided for in subclause E, Paid Maternity Leave, of clause 18, Leave Provisions, shall apply to maternity leave or special maternity leave commencing on or after 1 November 2001.

(v) Clause 8, Salary Sacrifice, shall operate from the first pay period to commence on or after 1 April 2002.

(vi) The award in column (a) of Table 1 of Part B provides for a 3.3% increase in rates of pay with a minimum payment of $17.50 per week to operate from the first full pay period to commence on or after 1 November 2001.

(vii) The award in column (b) of Table 1 of Part B provides for a 3.25% increase in rates of pay with a minimum payment of $17.50 per week to operate from the first full pay period to commence on or after 1 November 2002.

(viii) The award in column (c) of Table 1 of Part B provides for a 3.25% increase in rates of pay with a minimum payment of $17.50 per week to operate from the first full pay period to commence on or after 1 November 2003.

(ix) The increases in rates of pay provided by this award shall apply to the rates of pay in council's salary system.

(x) The increase in rates of pay provided for in this award are based on the continuing reform of Local Government and productivity improvements to date.

(xi) The increases granted by this award may be absorbed into enterprise increases granted since 29 May 1991 exceeding any award increases since that date, that is an $8 safety net adjustment and increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%, 3.25% and 2.7% provided that the following increases shall not be absorbed:

(a) placement or progression within the council's salary system

(b) increases in hours of work

(c) incorporation of penalty rates and shift or other allowances into the employee's rate of pay.

(xii) In agreeing to increases in rates of pay for the term of this award, the parties recognise that councils and employees have and shall continue to engage in enterprise bargaining.

PART B

MONETARY RATES

Table 1

Clause 6 - Rates of Pay

Band Rate Per Week

Rate Per Rate Per

$ Week $ Week $First Pay First Pay First PayPeriod Period Period

01/11/01 01/11/02 01/11/03(i) Operational Band, Level 1

T1 at 15 years of age 242.40 250.30 258.40T2 at 16 years of age or School Certificate 302.50 312.30 322.40T3 at 17 years of age 355.90 367.50 379.40T4 at 18 years of age or over or HSC 416.10 429.60 443.60T5 476.30 491.80 507.80T6 514.30 531.00 548.30T7 539.70 557.20 575.30T8 565.70 584.10 603.10T9 591.70 610.90 630.80T10 618.60 638.70 659.50

Note: T stands for TraineeBand(ii) Operational Band, Level 2 484.30 501.80 519.30

Operational Band, Level 3 535.50 553.00 571.00Operational Band, Level 4 598.40 617.80 637.90

Band(iii) Administrative/Technical/Trades Band, Level 1 591.70 610.90 630.80

Administrative/Technical/Trades Band, Level 2 678.50 700.60 723.40Administrative/Technical/Trades Band, Level 3 812.10 838.50 865.80

Band(iv) Professional/Specialist Band, Level 1 678.50 700.60 723.40

Professional/Specialist Band, Level 2 812.10 838.50 865.80Professional/Specialist Band, Level 3 945.80 976.50 1008.20Professional/Specialist Band, Level 4 1146.30 1183.60 1222.10

Band(v) Executive Band, Level 1 1079.40 1114.50 1150.70

Executive Band, Level 2 1346.80 1390.60 1435.80Executive Band, Level 3 1680.90 1735.50 1791.90Executive Band, Level 4 2014.80 2080.30 2147.90

Clause 22D (xvi) - Traineeship Wage Rates

Highest Year of School CompletedYear 10

$Year 11

$Year 12

$School Leaver 151.00 (50%) 187.00 (33%) 256.00School Leaver 176.00 (33%) 211.00 (25%) 256.00

Plus 1 year out of school 211.00 256.00 298.00Plus 2 years 256.00 298.00 346.00Plus 3 years 298.00 346.00 396.00Plus 4 years 346.00 396.00Plus 5 years or more 396.00

Table 2 — Allowances

First Pay First Pay First PayPeriod Period Period01/11/01 01/11/02 01/11/03

Clause 10 (i) Disability Allowance 0.25 ph 0.257 ph 0.266 ph9.50 9.80 10.10

Clause 10 (ii) Disability Allowance 0.663 ph 0.684 ph 0.705 ph25.20 26.00 26.80

Clause 10 (iii) Sewer Chokes 5.40 5.60 5.80Clause 11 (ii)(a) Tool AllowancesBricklayer 14.80 14.80 14.80Carpenter & Plumber 20.90 20.90 20.90Metal & Mechanical Trades 20.90 20.90 20.90Painter & Signwriter 5.20 5.20 5.20Plasterer 17.20 17.20 17.20Clause 11 (ii)(d) Insurance Value 1215.00 1215.00 1215.00Clause 11 (v) Car Allowances (cents per km)(a) Under 2.5 litres 0.52 0.52 0.52

2.5 litres and over 0.60 0.60 0.60(b) Minimum quarterly payment 1696.90 1696.90 1696.90Clause 11(vi)(d) Travelling Allowances

3 - 10 km $3.20 pd $3.20 pd $3.20 pd11 - 20 km $5.00 pd $5.00 pd $5.00 pd21 - 33 km $7.50 pd $7.50 pd $7.50 pd34 - 50 km $9.50 pd $9.50 pd $9.50 pdEach additional 10kms $2.30 pd $2.30 pd $2.30 pdClause 11(vi)(h) Vehicle AllowanceUnder 2.5 litres 0.52 0.52 0.522.5 litres and over 0.60 0.60 0.60Clause 11 (vii) Camping Allowance $22.40pn $22.40pn $22.40pnClause 14 (B) (i) Community Language Allowance 13.60 14.00 14.50Clause 14 (C) First Aid Allowance 9.10 9.40 9.70Clause 16B (iii) On Call Allowance - on ordinary working 12.50 12.90 13.30DaysClause 16B (iv) On Call Allowance - on other days 24.50 25.30 26.10Clause 16B (v) On Call Allowance - maximum per week 73.80 76.20 78.70Clause 16D(i) Meal Allowance 7.40 7.60 7.80Clause 16D(ii) Meal Allowance 7.40 7.60 7.80Clause 16D(iii) Meal Allowance 7.40 7.60 7.80Clause 35(iv) Savings and Transitional(a) West of the Line Allowance 3.90 pw 3.90 pw 3.90 pw(b) Climatic Allowance 3.90 pw 3.90 pw 3.90 pw

Key: p.h. = per hourp.w. = per weekp.a. = per annump.n. = per night

Table 3:

Clause 12(i)(a) Hourly Rates - Employees Providing Motor Wagon or Lorry

Hourly RatesCapacity of the vehicle in accordance with the manufacturer's specifications $Tipping Lorry 1 Tonne 1½ Tonnes 2 Tonnes 3 Tonnes 12.73 4 Tonnes 13.18 5 Tonnes 15.41 6 Tonnes 16.64 7 Tonnes 17.55 8 Tonnes 20.52 9 Tonnes 21.87 10 Tonnes 23.21Non-Tipping Lorry 1 Tonne 5.57 1½ Tonnes 7.05 2 Tonnes 7.85 3 Tonnes 10.19 4 Tonnes 10.91 5 Tonnes 12.65 6 Tonnes 13.77 7 Tonnes 14.89 8 Tonnes 9 Tonnes

10 TonnesClause 12(i)(b) Hourly Plus Distance Rates

Capacity of the vehicle in accordance with the Rate Per Km inmanufacturer's specifications Rate Per Hour addition to the

Hourly$ Rate $

Tipping Lorry 1 Tonne 1½ Tonnes 2 Tonnes 3 Tonnes 8.72 0.642 4 Tonnes 8.83 0.695 5 Tonnes 10.57 0.775 6 Tonnes 11.31 0.854 7 Tonnes 12.05 0.882 8 Tonnes 14.81 0.915 9 Tonnes 15.94 0.949 10 Tonnes 17.06 0.983Non-Tipping Lorry 1 Tonne 3.56 0.321 1½ Tonnes 4.69 0.377 2 Tonnes 5.05 0.449 3 Tonnes 7.02 0.508 4 Tonnes 7.41 0.561 5 Tonnes 8.76 0.621 6 Tonnes 9.47 0.688 7 Tonnes 10.16 0.756 8 Tonnes 9 Tonnes 10 Tonnes

Clause 12 (ii)

Allowances $ (a) Berriman Loader 4.89 per hr (b) End / Side Loading Berriman Loader 12.26 per hr (c) Fantail Spreader 2.69 per day

Schedule 1 - Minimum Standards Of Caravan Accommodation To Be Provided To Employees Required To Camp Out

Where employees camp out council shall provide suitable caravan accommodation for the employees concerned in accordance with the following minimum standards.

(a) Caravans shall be of such size as to provide adequate space for each employee and no more than two employees should be accommodated in any one caravan.

(b) The walls and ceilings of the caravan shall be of sound construction and shall be insulated. Fly screen doors and windows shall be fitted and all openings adequately sealed against dust and / or weather conditions. Adequate steps shall be provided at each door.

(c) The floor is to be covered with vinyl tiles, linoleum or other acceptable standard floor covering.

(d) Reverse cycle or refrigerated air conditioning or other agreed cooling device and / or heater shall be provided in each caravan and shall be appropriately maintained.

(e) Two separately located suitable bedding shall be provided together with suitable mattresses.

(f) A fixed separate table shall be provided with two separate seats and brackets so as to provide for the taking of meals comfortably.

(g) A wardrobe shall be provided for each employee, ensuring adequate clothes hanging space, fitted with shelf.

(h) A personal bed locker shall be located at each bed. This shall consist of at least one shelf and door.

(i) Each camp shall be supplied with an electric generator or other suitable power source that is of the low decibel type and the generator shall be housed in such a manner so as to provide for noise insulation. The generator shall be sufficiently powerful so as to service each appliance that is within or is associated with the use of the van. Generators shall be appropriately maintained.

(j) Adequate electric lighting shall be installed in the caravan and sufficient external lighting shall be provided so as to allow for safe access to toilet facilities and vehicles.

(k) Each caravan shall be equipped with a suitable refrigerator; a stovette with two burners and a griller and, where such stovette is an l.p.g. stovette, shall be fitted with safety tap. A sink with basin pump connected to a storage water tank of sufficient capacity shall be provided. The water tank shall have an external tap. An adequate supply of cool drinking water shall be provided.

(l) A food and utensils storage cabinet suitably equipped with pots, pans and kettle and sufficient bench space shall be provided to allow for the preparation of meals.

(m) Showering facilities shall be included in the caravan. Each shower cubicle shall be provided with a shower curtain and rod, soap holder, hot and cold water and non-slip floor. Soap and other suitable cleaning agents shall be provided for employees taking showers; such cleaning agents should be of a type that will safely remove an unwanted substance with which the employee has come in contact. Adequate lighting and ventilation shall be provided in the shower area.

(n) The carrying and storage of fuel and council stores within the internal frame of the caravan will not be permitted under any circumstances. Employers shall provide for the safe keeping of employees tool kits and personal belongings, including when employees are off the site. Provision shall be made to allow for safe storage of hand tools and other equipment during meal and other breaks.

(o) Kerosene heating, cooking and / or lighting are not considered to be suitable facilities.

(p) Suitable cleaning equipment shall be provided together with storage facilities for such equipment.

(q) Access to and egress from all amenities shall be kept clear at all times.

(r)

(i) Garbage bins, which are vermin / fly proof with secure lids shall be provided together with removable and sealable bin liners.

(ii) Adequate toilet facilities shall be provided and positioned to provide privacy and so as to preclude odours reaching meal and / or accommodation facilities.

(s) Washing facilities shall be provided under cover and an adequate supply of soap and paper towels shall be provided and replaced as needed. A vermin / fly proof garbage bin with removable liner and secure lid shall be provided in the vicinity of the washing facilities and emptied when necessary.

(t) Caravans shall be regularly inspected for maintenance purposes and a record book kept by council indicating the age of the vans and maintenance work carried out on the vans.

M. SCHMIDT J.

Printed by the authority of the Industrial Registrar.

(1361) SERIAL C0511

ENTERTAINMENT & BROADCASTING INDUSTRY - LIVE THEATRE & CONCERT (STATE) AWARD


Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 5779 of 1999)

Before the Honourable Justice Marks 18 July 2001

REVIEWED AWARD

PART 1 - APPLICATION AND OPERATION OF AWARD

1. AWARD TITLE

This award will be referred to as the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award.

2. ARRANGEMENT

This award is arranged as follows:

Part 1 - Application and operation of award

1. Award title2. Arrangement3. Definitions4. Date the award starts5. Application of award6. Who is bound by this award?7. Relationship with other awards

Part 2 - Award flexibility

8. Enterprise flexibility provisions9. Index of facilitative provisions

Part 3 - Communication, consultation and dispute resolution

10. Consultation and communication procedures11. Dispute resolution

Part 4 - Employer and employees' duties, employment relationship and related arrangements

12. Employment categories 12.1 Full time employees12.2 Part time employees12.3 Casual employees12.4 Seasonal employees

13. Stand down of employees

14. Termination of employment14.1 Notice of termination by employer14.2 Notice of termination by an employee14.3 Time off during notice period

15. Redundancy16. Anti-discrimination

Part 5 - Wages and related matters

17. Classifications and wage rates 18. Payment of wages 19. Higher duties 20. Allowances

20.1 Tools/Equipment20.2 Laundry20.3 Shoes20.4 Uniforms/Special costumes/Protective Clothing20.5 Transmission or recording

21. Superannuation

Part 6 - Hours of work, breaks, overtime, shiftwork, weekend work

22. Hours of work and time off 22.1 Weekly employees22.2 Casual employees22.3 Savings

23. Meal intervals and allowances 24. Overtime

24.1 Weekly employees24.2 Casual employees24.3 All employees

25. Sundays

Part 7 - Leave of absence and public holidays

26. Annual leave 26.1 Annual leave entitlement 26.2 Time of taking annual leave 26.3 Annual leave loading 26.4 Public holidays during annual leave 26.5 Proportionate annual leave on termination26.6 Conversion of accrued leave

27. Sick leave28. Bereavement leave29. Personal/Carer’s Leave30. Parental leave 31. Jury leave 32. Public holidays33. Leave for consultation meetings

Part 8 - Transfers, travelling and working away from usual place of work

34. Travelling 34.8 Accommodation

34.9 Meals 34.10 Incidentals

3. DEFINITIONS

3.1 "Authorised officer of the MEAA" means the Secretary, a Branch Secretary and any association representative nominated in writing by the Secretary.

3.2 "Commission" means the Industrial Relations Commission of New South Wales.

3.3 "Double time" means in the case of a weekly employee twice the ordinary hourly rate, which is obtained by dividing the applicable rate per week by 38 hours, and in the case of an employee engaged by the hour twice the hourly casual rate.

3.4 "Full pay" in clause 25 - Annual leave means the average rate the employee received for the four weeks preceding the taking of annual leave or the average rate received for the twelve months preceding such leave, whichever will be the higher. Provided that such average will be computed by taking into consideration any extra rates prescribed for night work, etc., and penalty rates for Sunday work where such work is part of the employee's normal working week of five days but excluding any amounts received by way of overtime or holiday penalty rates.

3.5 "MEAA" and/or "Union" means the Media, Entertainment and Arts Alliance.

3.6 "Short performance" means a performance, which has a duration of 60 minutes or less.

3.7 "Time and a half" means in the case of a weekly employee one and a half times the ordinary hourly rate, which is obtained by dividing the applicable rate per week by 38 hours, and in the case of an employee engaged by the hour one and a half times the hourly casual rate.

3.8 Theatrical employee - level 1(Relativity to classification C10 of the Metal Industry Award - 78%)

3.8.1 A Theatrical employee level 1 is a trainee employee who is undertaking:

3.8.1(a) 6 weeks induction training in the case of a full-time or part-time employee; or

3.8.1(b) 228 hours induction training in the case of a casual employee.

3.8.2 The induction training may include information on the enterprise or production, conditions of employment, introduction of supervisors and fellow workers, training and career path opportunities, venue/workshop/plant layout, work and documentation procedures, basic theatre terminology and etiquette, occupational health and safety, equal employment opportunity and quality control/assurance.

3.8.3 An employee at this level performs routine duties to the level of the employees training:

3.8.3(a) works under direct supervision either individually or in a team environment;

3.8.3(b) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

3.8.3(c) understands and utilises basic literacy (English) and numeracy skills.

3.8.4 An employee at this level will undertake training in the following indicative tasks:

3.8.4(a) safely lift and handle scenery and props and/or equipment;

3.8.4(b) uses selected hand tools;3.8.4(c) basic packing and storing techniques;

3.8.4(d) repetition work on automatic, semiautomatic or single purpose machines or equipment;

3.8.4(e) maintains simple records;

3.8.4(f) uses hand trolleys and pallet trucks;

3.8.4(g) apply and comprehend basic theatre terminology and etiquette;

3.8.4(h) performs general labouring and cleaning duties;

3.8.4(i) communicate and interact effectively with staff;

3.8.4(j) effective customer/client service.


3.9.1 A Theatrical employee level 2 is an employee who has completed the Level 1 induction training or possesses other equivalent experience so as to enable them to perform work within the scope of this level.

3.9.2 An employee at this level performs work above and beyond the skills of a Level 1 employee and to the level of the employee’s training:

3.9.2(a) is responsible for the quality of the work allocated to the employee subject to routine supervision;

3.9.2(b) works under routine supervision either individually or in a team environment on a limited range of tasks;

3.9.2(c) exercises discretion within the employees' level of skills and training;

3.9.2(d) makes decisions in regard to routine matters.

3.9.3 Indicative of the tasks, which an employee at this level may perform, are the following:

3.9.3(a) operates flexibly between work areas;

3.9.3(b) operates machinery and equipment within the employees' level of skill and training;

3.9.3(c) operates mobile equipment including forklifts, overhead cranes, tallescopes and winch operation;

3.9.3(d) ability to measure accurately;

3.9.3(e) safely lift and handle scenery and props and/or equipment;

3.9.3(f) receive, dispatch, distribute, sort, check, pack, document and record goods, materials and components;

3.9.3(g) basic keyboard skills;

3.9.3(h) telephonist, receptionist, cashier and information services duties;

3.9.3(i) laundry and/or dry-cleaning duties;3.9.3(j) intermediate sewing skills and fabric knowledge, whether machine or non-

machine, and knowledge of dying fabrics;

3.9.3(k) cleaning duties using specialised equipment and chemicals;

3.9.3(l) ushering, ticket taking, program/concession selling and food and beverage sales;

3.9.3(m) applies theatre terminology and etiquette;

3.9.3(n) painting and art finishing;

3.9.3(o) dressing;

3.9.3(p) costume decoration.


3.10.1 A Theatrical employee level 3 is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level and may possess a sub-trade certificate.

3.10.2 An employee at this level performs work above and beyond the skills of an employee at level 2 and to the level of the employees' training:

3.10.2(a) solves straightforward problems using readily available information;

3.10.2(b) works to complex instructions and procedures;

3.10.2(c) as a team member organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;

3.10.2(d) is responsible for the work undertaken;

3.10.2(e) assists in the provision of on-the-job training to a limited degree.

3.10.3 Indicative of the tasks, which an employee at this level may perform, are as follows:

3.10.3(a) uses precision measuring instruments;

3.10.3(b) machine setting, loading and operation;

3.10.3(c) rigging (certificated);

3.10.3(d) pyrotechnics (certificated and licensed);

3.10.3(e) welding, which requires the exercise of knowledge and skills above level 2;

3.10.3(f) inventory and store control including:

3.10.3(f)(i) licensed operation of all appropriate materials/handling equipment;

3.10.3(f)(ii) use of tools and equipment within the scope (basic non-trades) maintenance;

3.10.3(f)(iii) computer operation at a higher level than that of an employee at level 2;

3.10.3(g) intermediate keyboard skills;

3.10.3(h) performs basic quality checks on the work of others;

3.10.3(i) licensed and certificated for fork-lift, engine driving and crane driving operations to a higher level than level 2;

3.10.3(j) Stage door duties;

3.10.3(k) sewing and cutting skills and fabric knowledge, whether machine or non-machine at a level higher than level 2;

3.10.3(l) advanced lifting and scene/props handling skills;

3.10.3(m) scenery, building and prop construction techniques above level 2.


3.11.1 A Theatrical employee level 4 is an employee who holds a trade certificate in a relevant discipline and is able to exercise the skill and knowledge of that trade or an employee who has acquired the equivalent experience from on-the-job training in relevant theatrical discipline (/s).

3.11.2 An employee at this level works above and beyond an employee at level 3 and to the level of the employee’s training:

3.11.2(a) understands and applies quality control techniques;

3.11.2(b) exercises good interpersonal and communications skills;

3.11.2(c) exercises keyboard skills at a higher level than level 3;

3.11.2(d) exercises discretion within the scope of this grade;

3.11.2(e) performs work under limited supervision either individually or in a team environment;

3.11.2(f) able to inspect products and/or materials for conformity with established operational standards;

3.11.2(g) operates all lifting equipment incidental to the employees' work.


3.11.3(a) works from production drawings, prints or plans;

3.11.3(b) operates, maintains, sets-up and adjusts all facility and production equipment, including trade construction processes such as set/prop/electrical making;

3.11.3(c) operate and maintain lifting equipment;

3.11.3(d) assists in the provision of on-the-job training;

3.11.3(e) a fully multi skilled cutter/tailor/milliner/wigmaker who is required to perform any of the operations involved in the making of a complex whole garment to specifications;

3.11.3(f) has an advanced understanding of theatre terminology, etiquette and theatre craft;3.11.3(g) perform a range of engineering maintenance functions;

3.12 Theatrical employee - level 5

(Relativity to classification C10 of the Metal Industry Award - 110%)

3.12.1 A Theatrical employee level 5 is an employee who holds a trade certificate or equivalent experience and has acquired specialist knowledge of a variety of procedures and/or techniques gained by additional training or experience in the theatre industry.

3.12.2 A Theatrical employee level 5 is required to work above and beyond a tradesperson at level 4 and to the level of the employee’s training:

3.12.2(a) exercises discretion within the scope of this grade;

3.12.2(b) works under minimal supervision either as an individual or part of a team or as a team leader;

3.12.2(c) understands and implements quality control techniques;

3.12.2(d) provides trade guidance and assistance as part of a work team;

3.12.2(e) responsible for providing training in conjunction with trainers;


3.12.3(a) indicative tasks for level 4 employee;

3.12.3(b) interprets detailed instructions and procedures for others;

3.12.3(c) insures quality standards are met through consistency, timeliness, correctly following procedures, and responsiveness to the client’s needs;

3.12.3(d) readily adapts to change in work procedures and associated technologies;

3.12.3(e) may use innovation to resolve issues, which impact on own work area.


3.13.1 A Theatrical employee level 6 is an employee who holds a trade certificate or equivalent experience together with a relevant Post Trade Certificate or the equivalent skill and competence acquired through a significant period of professional experience in the theatre industry.

3.13.2 A Theatrical employee level 6 is required to work above and beyond a level 5 employee and to the level of the employee’s training:

3.13.2(a) understands and implements quality control techniques;

3.13.2(b) exercises discretion within the scope of this grade;

3.13.2(c) provides overall supervision and co-ordination of resources and individuals and/or work teams within areas of responsibility;

3.13.2(d) plans for and arranges training in procedural, technological change and systems for staff in the area of responsibility;

3.13.2(e) effectively handles work that is characterised by occasional peak periods and simultaneous handling of a variety of tasks, usually within one discipline, and with significant interruptions;

3.13.2(f) determines priorities and monitors performance for own and teams work, to ensure the efficient and effective use of allocated resources;

3.13.2(g) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

3.13.3 The following indicative tasks, which an employee at this level may perform, are subject to the employee having appropriate trade and post trade training or equivalent experience to enable that employee to perform the particular indicative tasks:

3.13.3(a) demonstrates sound communication and/or liaison skills;

3.13.3(b) demonstrates a good knowledge of relevant terminology;

3.13.3(c) interprets and conveys instructions and procedures;

3.13.3(d) reliably represents the work unit;

3.13.3(e) required to use innovation to resolve issues, which impact on own work area;

3.13.3(f) accountable for insuring overall quality standards are met through the importance of consistency, timeliness, correctly following procedures, and responsiveness to the needs of the client;

3.13.3(g) accountable for the selection and recruitment of staff;

3.13.3(h) assesses work performance of staff;

3.13.3(i) responsible for occupational, health and safety.


3.14.1 A Theatrical employee level 7 is an employee who has obtained a relevant tertiary qualification together with extensive theatrical experience or equivalent skill and competence acquired through extensive theatrical experience.

3.14.2 In addition to the competencies and tasks performed by a level 6 employee, a Theatrical employee level 7 works to the level of the employee’s training:

3.14.2(a) demonstrates effective and efficient use of production and/or organisational resources, by planning, implementing and monitoring achievement of objectives.

3.14.2(b) responsible for the creating and maintaining of a high level of teamwork and co-operation and contributes to the overall good management of a production.

3.14.2(c) co-ordinates and controls either the overall performance activities or a variety of related disciplines.

3.14.3 The following indicative tasks, which an employee at this level may perform, are subject to the employee having appropriate trade and post trade training or equivalent experience to enable the employee to perform the particular indicative tasks:

3.14.3(a) provides advice and guidance to staff, management and clients;3.14.3(b) prepares correspondence, guidelines and reports;

3.14.3(c) demonstrates superior communication and/or liaison skills;

3.14.3(d) demonstrates superior knowledge of relevant terminology;

3.14.3(e) reliably represents the work unit;

3.14.3(f) responsible for creative planning and the achievement of design standards;

3.14.3(g) recognises the importance of consistency, timeliness, correctly following procedures, and responsiveness to the client’s needs;

3.14.3(h) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

3.15 "Suitable accommodation" means single room modern motel or serviced apartment accommodation with private facilities.

3.16 "Serviced apartment" means an apartment with cooking facilities for which clean linen is supplied once per week and the apartment cleaned at least once per week at the employer’s cost.

"Local show" means a show specified as such by the employer where the production is scheduled to take place in one location only.

3.18 "Live theatre and concert industry services" means work performed in or in connection with any form of live entertainment, sound recording (other than recording studios) or rehearsals and may include plays, musicals, variety, live concerts, dancing, retail centres, theatre restaurants, dance halls, circuses, carnivals, karaoke and ticketing agencies. It excludes the work of a performer.

3.19 "Weekly employee" and "Engaged by the week", respectively, shall, subject to the operation of clause 12.2.6, mean full-time and part-time employee or employment as the case may be.

4. DATE THE AWARD STARTS

(a) The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect from 18 July 2001.

(b) This award remains in force until varied or rescinded for the period for which it was made having already expired.

5. APPLICATION OF AWARD

This award will apply throughout the state of NSW.

6. WHO IS BOUND BY THIS AWARD?

6.1 This award shall apply to all persons employed within the classifications in this award, to provide live theatre and concert industry services (as defined), throughout the state.

6.2 The following are exempt from the provisions of this award:

6.2.1 Registered clubs, hotels and restaurants (excluding theatre restaurants) and all work covered by the Restaurant, & c., Employees (State) Interim Award published 3 October 1997 (301 I.G. 405), as varied. Employees who are classified and engaged under the following awards:

Canteen, & c., Workers (State) Award published 2 March 1983 and reprinted 15 November 1991 (265 I.G. 1553), as varied; Caterers', & c., Employees (State) Award published 7 August 1998 (306 I.G. 17), as varied; Cleaning and Building Services Contractors (State) Award published 7 February 1997 (296 I.G. 315), as varied; Club Employees (State) Award published 10 May 1996 (292 I.G. 582), as varied; Club Managers' (State) Award published 1 March 1996 (290 I.G. 1285), as varied; Hotel Employees (State) Award published 6 March 1974 and reprinted 6 April 1983 (229 I.G. 17), as varied; Miscellaneous Workers' - General Services

(State) Award published 1 October 1999 (310 I.G. 1160), as varied; Musicians (Live Performance) (State) Award published 20 January 1995 (283 I.G. 307), as varied; Retail Services Employees (State) Award published 30 June 1995 (286 I.G. 460), as varied; Security Industry (State) Award published 5 June 1992 (269 I.G. 1314), as varied; Shop Employees (State) Award published 2 June 1995 (286 I.G. 28), as varied; Theatre Managers (State) Award published 5 March 1999 (308 I.G. 525), as varied; Theatrical Employees Recreation and Leisure Industry (State) Award 1997 published 3 October 1997 (301 I.G. 460), as varied; Exhibition Industry (State) Award 1997 published 22 May 1998 (304 I.G. 1315), as varied;

6.2.2 Wollongong Entertainment Centre.

6.2.3 All persons excluding performers directly employed by the relevant operators in operational, maintenance and administrative functions at the Homebush Bay Olympic games sporting and recreation complexes, ticketing agencies operating out of venues or industries covered by the AWU in the memorandum of understanding between the AWU, ALHMWU and the MEAA.

7. RELATIONSHIP WITH OTHER AWARDS

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Entertainment and Broadcasting Industry Live Theatre and Concert (State) Award published 26 March 1999 (308 IG 690) and all variations thereof.

The award remains in force until varied or rescinded, the period for which it was made having already expired.

PART 2 - AWARD FLEXIBILITY

8. ENTERPRISE FLEXIBILITY PROVISIONS

See Chapter 2 of Part 2 of the Industrial Relations Act 1996.

9. INDEX OF FACILITATIVE PROVISIONS

9.1 A facilitative provision is one, which provides that the standard approach in an award provision may be departed from by agreement between an individual employer and the Union and/or employee, or the majority of employees, in the enterprise or workplace concerned.

9.2 Facilitative provisions in this award are contained in the following clauses:

Clause title Clause numberPart time employees - hours of work 12.2Payment of wages 18Hours of work 22.1.6(a)Meal intervals and allowances 23.3.1Public Holidays 32.6.1

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

10. CONSULTATION AND COMMUNICATION PROCEDURES

10.1 At each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including the union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award.

10.2 The employer may permit a notice board to be erected in the workshop, theatre, hall or other place of amusement, to facilitate communication between employees and/or their union representatives.

10.3 This award will be exhibited by each employer in accordance with section 361 of the Industrial Relations Act 1996.

11. DISPUTE RESOLUTION

11.1 Subject to the rights of the parties to notify any dispute to the Industrial Relations Commission at any time, any dispute arising from work performed under this award will be dealt with as follows:

11.1.1 As soon as practicable after the dispute or claim has arisen, the employee/s concerned will take up the matter with their immediate supervisor affording them the opportunity to remedy the cause of the dispute;

11.1.2 Where any such attempt at settlement has failed to achieve a satisfactory resolution, or where the matter in dispute is of such a nature that direct discussions between the employee/s and their immediate supervisor are inappropriate, the employee/s may notify a duly authorised representative of MEAA or other employee representative who will take up the matter with the employer or their representative;

11.2 If the matter is not then satisfactorily resolved the matter will be submitted to the Commission for settlement.

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

12. EMPLOYMENT CATEGORIES

12.1 Full-time employees

A full-time employee will be engaged by the week and subject to the provisions of clause 22 - Hours of work and time off will work 38 ordinary hours per week.

12.2 Part-time employees

12.2.1 A part-time employee will mean an employee engaged by the week and will work an agreed usual number of ordinary hours less than 38 each week.

12.2.2 A part-time employee working ordinary time will be paid per hour 1/38th of the weekly wage prescribed by this award for the level of work performed.

12.2.3 A part-time employee who by agreement works more than the agreed usual number of ordinary hours in any week will be paid at her or his ordinary rate of pay, subject always to the payment of any penalty or overtime payments as provided by this award.

12.2.4 A part-time employee who performs work in excess of the ordinary hours for a full time employee as prescribed in 22 - Hours of work and time off, will be paid at overtime rates in accordance with the provisions of 24 - Overtime.

12.2.5 The minimum time worked for each period of work will be not less than four consecutive hours for which a weekly employee is rostered.

12.2.6 In addition to other award entitlements a part-time employee will receive pro rata annual leave, sick leave and public holiday entitlements.

12.3 Casual employees

12.3.1 A casual employee is engaged by the hour for a minimum of 4 consecutive hours. The employment of a casual employee may be terminated without notice by either the employee or employer subject to the payment of the minimum amount of wages and subject to the employee working the time covered by the payment of such wages.

12.3.2 The appropriate per hour rate for casual employees is calculated by dividing the rate per week, as specified in 17 - Classifications and wage rates, for the relevant classification level by 38 and adding a 20 per cent loading on such hourly rates so calculated.

12.4 Seasonal employees

12.4.1 A seasonal employee will mean a weekly employee engaged either as full time or part time on a fixed term contract.

12.4.2 The duration of a seasonal contract will be determined in advance by agreement and the following provisions will apply:

12.4.2(a) The contract may be renewed as often and for such time periods as agreed between the employer and employee.

12.4.2(b) Conditions of employment will be those applying to weekly employees covered by this award.

2.4.2(c) Where a new contract is offered and taken up immediately after the expiry of a previous contract, employment is treated as if it was continuous for entitlement purposes.

12.4.2(d) Seasonal employees whose engagement is terminated with less than six (6) months service are paid on termination, 15.2 hours pay for each month of service. Annual leave of 76 hours is granted after six months employment. Thereafter, annual leave accrues at the rate of 152 hours per annum.

12.4.2(e) Sick leave will be granted and will accumulate in accordance with 27 - Sick Leave, for the whole of the contract period.

12.4.2(f) Other leave provisions including but not limited to Jury Leave will apply in accordance with the relevant award provisions for the duration of the contract period.

13. STAND DOWN OF EMPLOYEES

13.1 Despite anything contained in the award, an employer may deduct payment of wages for any day on which an employee cannot be usefully employed because of:

13.1.1 any strike;

13.1.2 any breakdown of machinery; or

13.1.3 any stoppage of work for which the employer is not responsible.

14. TERMINATION OF EMPLOYMENT

14.1 Notice of termination by employer

14.1.1 In order to terminate the employment of an employee the employer will give to the employee the following notice:

Period of continuous service Period of noticeLess than 1 year 1 week1 year and less than 3 years 2 weeks3 years and less than 5 years 3 weeks5 years and over 4 weeks

14.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

14.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee part of the required period of notice and by the employer making payment for the remainder of the period of notice.

14.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his or her employment not been terminated will be used.

14.1.5 The period of notice in this clause, will not apply in the case of dismissal for conduct that justifies instant dismissal, including inefficiency within the first fourteen days, neglect of duty or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.

14.2 Notice of termination by an employee

14.2.1 The notice of termination required to be given by an employee is the same as that required of an employer. However, there is no requirement on the employee to give additional notice based on the age of the employee concerned.

14.2.2 If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

14.3 Time off during notice period

Where an employer has given notice of termination to an employee, an employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employer after consultation with the employee.

15. REDUNDANCY

(A) Application -

(i) This clause shall apply in respect of full-time and part- time persons employed under this award.

(ii) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(iii) Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year s continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, or neglect of duty or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(B) Introduction of Change -

(i) Employer s duty to notify -

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have

significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where this award makes provision for the alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(ii) Employer s duty to discuss change -

(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(b) The discussion shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i) of this subclause.

(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(C) Redundancy - Discussions before terminations -

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause, and shall cover, inter alia, any reasons for the proposed termination, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(D) Termination of Employment -

(i) Notice for changes in production, programme, organization or structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from

production, programme, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause.

(a) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

Period of continuous service Period of noticeLess than 1 year 1 week1 year and less than 3 years 2 weeks3 years and less than 5 years 3 weeks5 years and over 4 weeks

(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week s notice.

(c) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

(ii) Notice for technological change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause.

(a) In order to terminate the employment of an employee, the employer shall give to the employee three months notice of termination.

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment shall be terminated by part of the period of notice specified and part payment in lieu thereof.

The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(iii) Time off during the notice period -

(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstance the employee shall not be entitled to payment in lieu of notice.

(v) Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee s employment and the classification of or type of work performed by the employee.

(vi) Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

(viii) Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of the said subclause (B), the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee s employment had been terminated, and the employer may, at the employer s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary- time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(E) Severance Pay -

(i) Where the employment of an employee is to be terminated pursuant to subclause (D), Termination of Employment, of this clause, subject to further order of the Industrial Relations Commission of New South Wales the employer shall pay the employee the following severance pay in respect of a continuous period of service:

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service Under 45 Years of Age Entitlement

Less than 1 year Nil1 year and less than 2 years 4 weeks2 years and less than 3 years 7 weeks3 years and less than 4 years 10 weeks4 years and less than 5 years 12 weeks5 years and less than 6 years 14 weeks6 years and over 16 weeks

(b) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service 45 Years of Age and Over Entitlement

Less than 1 year Nil1 year and less than 2 years 5 weeks2 years and less than 3 years 8.75 weeks3 years and less than 4 years 12.5 weeks4 years and less than 5 years 15 weeks5 years and less than 6 years 17.5 weeks6 years and over 20 weeks

(c) "Week s pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with clauses 14, Higher Duties, 12, Classifications and Wage Rates, 21, Annual Leave, 29, Travelling, 15, Allowances, and 19, Overtime.

(ii) Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

(iii) Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

(F) Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industrial organisation of employees and any employer bound by this award.

16. ANTI-DISCRIMINATION

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

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

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

(4) Nothing in this clause is to be taken to affect:




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

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES



"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."

PART 5 - WAGES AND RELATED MATTERS

17. CLASSIFICATIONS AND WAGE RATES

17.1 As from the first pay period on or after 16 September 2000, the minimum weekly rates of pay to be paid to an employee will be set out hereunder for the relevant classification level:

Classification levelPreviousrate per week

State Wage Case of 2000 adjustmentper week

Totalminimumwage rate per week

$ $ $

Theatrical employee level 1 (Induction/Training)

385.40 15.00 400.40

Theatrical employee level 2 435.50 15.00 450.50






17.2 Notwithstanding, an employee may be engaged and paid for work performed at a particular level, such engagement does not prevent the employee undertaking duties prescribed for lower classification levels during such engagement.

17.3 The rates of pay in this award include the adjustments payable under the State Wage Cases of 2000. 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.

17.4 Overaward payment is defined as the amount (whether it be termed overaward payment or by any other term whatsoever) of any payment made to an employee and which was not made in order to comply with this award.

18. PAYMENT OF WAGES

All moneys due to an employee will be made available for payment within 48 hours of the conclusion of the employers pay week, or, in exceptional circumstances, at a time to be mutually agreed upon between the employee and the employer. Provided that if the employee does not present themself for the payment at that time, it may be deferred until the following day.

19. HIGHER DUTIES

Where an employee is required to work on duties, the prescribed rate of pay for which is higher than for the employee's ordinary duty, the employee will be paid for the time so worked at the higher rate with a

minimum payment at such rate as for three and a half hours.

20. ALLOWANCES

20.1 Tools/Equipment

20.1.1 The employer will pay an allowance of $6.56 per week to Heads of departments required to supply their own tools. Other employees required to supply basic tools (limited to hammer, brace/punch driver and wrench), will be paid an allowance of 0.69 cents per day.

20.1.2 Employees will be reimbursed the cost of all mechanical property or light requirements including torches. Provided that such reimbursement will not be payable where the employer provides all mechanical property or light requirements including torches.

20.2 Laundry

The employer will pay a weekly employee an allowance of $2.29 per week for blouses and shirts and $5.96 per week for other garments where uniforms are not laundered by the employer. For other than weekly employees a laundry allowance of $1.83 per day will be paid up to a maximum of $8.25 per week.

20.3 Shoes

The employer will pay a front of house employee an allowance of $0.88 cents per day up to a maximum of $4.40 per week where the employee is required to wear shoes of a colour other than black.

20.4 Uniforms/Special costumes/Protective Clothing

20.4.1 The employer 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

20.4.1(a) if engaged by the week - $6.62 per week

20.4.1(b) if engaged other than by the week - $1.32 per performance.

20.4.2 If any question arises as to whether such costume or uniform is so more unusual, it will be dealt with in accordance with clause 11, Dispute Resolution.

20.4.3 An employee will be reimbursed the cost of any special uniforms or staff dresses required to be worn. Provided that such reimbursement will not be payable where the employer provides the special uniforms or staff dresses.

20.4.4 An employee will be reimbursed the cost of dry cleaning and laundering suitable protective clothing for electricians, utility men, cleaners and maintenance men if requested by an employee. Provided that such reimbursement will not be payable where the employer provides and cleans the protective clothing.

20.5 Transmission or recording

20.5.1 Where a performance is to be recorded or transmitted by any means, including but not limited to radio or television transmission or film, video or audio recording, and whether transmitted live or recorded for later transmission, exhibition, distribution or sale, all production employees who perform work on that performance will receive an allowance (recording allowance) of $66.68 in addition to the rate they would otherwise have received. Provided that:

20.5.1(a) The recording allowance will only be paid when the recording transmission takes place during a performance or performances; and

20.5.1(b) One payment only will be made under the provisions of 20.5.1 notwithstanding that recording of a production may take place over a series of performances.

20.5.2 Where a performance is recorded for sound only or transmitted by radio only the provisions of 20.5.1 will apply to Sound Technicians only.

20.5.3 The provisions of 20.5.1 will not apply to:

20.5.3(a) Extracts of a performance or performances, which are recorded or transmitted for news, publicity or promotional purposes, including paid television or radio commercials for that performance or season of performances;

20.5.3(b) A performance or performances which are recorded for training, educational or archival purposes, provided that the hirer undertakes in writing to the employer that such recordings will not be used for public broadcast, exhibition, distribution or sale; and

20.5.3(c) Occasions when the only purpose of the hiring is the recording or transmission of a performance, even though a non-paying audience may be present.

20.5.4 The recording allowance is not to be recorded as ordinary pay for the purpose of this award insofar as the calculation of overtime, penalty, shift and annual leave loading payments are concerned.

20.5.5 Where the employer proposes an exclusion from payment of the recording allowance as provided for in 20.5.3, the employer will provide all production employees with seven days notice of any such performance provided that where such recording or transmission is arranged with less than seven days notice, all production employees will be provided with notice as soon as arrangements for the relevant recording or transmission are made.

21. SUPERANNUATION

21.1 In addition to other payments provided for under this award, the employer will, subject to this clause, make a superannuation contribution to the Superannuation Trust of Australia (STA), being a superannuation fund which complies with the Australian Government's operational standards for occupational superannuation funds (the Fund).

21.2 Such payments will be equivalent to that prescribed in Federal Government Superannuation Legislation or three per cent of the employees' actual rate of pay, which ever is the greater, provided that this requirement will not apply to persons employed within Australia who are normally resident outside Australia.

21.3 The employer will establish at the time of the engagement, whether the employee is a member of STA.

21.4 In the event the employee is not a member of STA and the employee has made arrangements for his/her own complying superannuation fund the employer will request the employee to sign the following disclaimer:

21.4.1 "I have been supplied with an application form to join STA but I do not wish to become a member of the fund as I have my own fund and I direct the employer to enter contributions into that fund."

21.5 In the event the employee is not a member of STA and does not have a personal fund, the employer will request that the employee complete a STA application form.

21.6 Where a contribution is made as prescribed in this clause, the employer will forward to the fund administrator of STA the contribution, the name and address of the employee on whose behalf the contribution is made and the Superannuation Fund number of the employee, or in the event the employee is not a member of STA the completed application form.

21.7 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Change Act 1992, the Superannuation Industry (Supervisor) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation as varied from time to time, governs the superannuation rights and obligations of the parties.

21.8 For the purposes of this clause the normal gross rate of pay refers to:

21.8.1 In the case of weekly employees, the usual gross weekly earnings of a weekly employee including all overaward payments; Rostered Day Off payments; Sunday where such Sunday is part of the employee's ordinary working week; or the contracted weekly rate of pay including any penalties or loadings where such penalties and loadings are part of the employee's contracted weekly rate. Provided that such rates will exclude overtime and penalty payments other than as provided for above, reimbursement allowances, broadcast allowances and annual leave loading.

21.8.2 Contracted weekly rate includes payment in accordance with an agreement involving a specified number of hours of work in excess of the ordinary hours prescribed by the award whether for the whole or a portion of the engagement.

21.8.3 In the case of casual employees, the actual gross earnings of such employee but not including any reimbursement allowances or broadcast allowances.

21.9 Superannuation contributions remain payable pursuant to this clause notwithstanding that an employee is absent from work on approved sick leave, annual leave, long service leave or other paid leave. Contributions also remain payable in respect of an absence which is the consequence of a bona fide worker's compensation claim.

21.10 The superannuation contribution will:

21.10.1 In the case of weekly employees, be paid no later than seven days following the end of the last pay period in any month.

21.10.2 In the case of casual employees payments will be made no later than 30 days following the engagement.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

22. HOURS OF WORK AND TIME OFF

22.1 Weekly employees.

22.1.1 The ordinary hours of work for weekly employees will, subject to 22.1.6, be 38 per week.

22.1.2 Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 a.m. and 12 midnight. Provided that a Theatrical Employee engaged specifically as a cleaner may be rostered to work ordinary hours between 12 midnight and 7.00 a.m. and will receive an additional loading of 20% of their ordinary hourly rate for such work.

22.1.3 The number of ordinary hours to be worked on any day will be a minimum of 4 hours and a maximum of 12 hours to be worked in no more than two periods, each period to be continuous except as to meal hours occurring therein.

22.1.4 Full time employees will be entitled to 2 rostered days off work for every period of seven days, which will be consecutive wherever reasonably possible, provided that such rostered days off may by agreement accumulate up to a maximum of 6 days.

22.1.5 Weekly employees must be notified by the employer of their working shifts by means of roster placed in the staff room for each employee's perusal. At least seven days' notice must be given to the employee should any alteration of the working hours be intended, except in the case of emergency.

22.1.6(a) The implementation of cyclic rostering, that is working hours other than as provided for in sub-clauses 22.1.1 - 22.1.5, will be determined at the enterprise where the employer and the majority of employees concerned agree. The ordinary hours of work will be an average of 38 per week and will not exceed 152 hours over 28 consecutive days.

22.1.6(b) Different arrangements may apply to different areas of operation within the enterprise.

22.1.6(c) An agreement pursuant to sub-clause 22.1.6(a) will be recorded in writing and be available to all employees.


22.2.1 The ordinary hours of work for casual employees will be a minimum of 4 consecutive hours per day. Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 a.m. and 12 midnight.

22.2.2 Casual employees are not paid per performance. Employees may be required to work on a number of performances during an engagement.

22.2.3 Where casual employees are required to work on the same day on at least 3 short performances (as defined), and there is a break between any two of the short performances of at least 2 hours, those employees will be paid a minimum call for each such performance of 2 hours.

22.3 Savings

Employees engaged as Booking Clerks or Ticket Sellers as at 3 March 1997, will continue to be engaged on the basis of 36 hours per week which will be applied for all purposes under this award.

23. MEAL INTERVALS AND ALLOWANCES

23.1 Weekly employees, in the ordinary course of work, will be entitled to meal intervals as follows:

23.1.1 Lunch

One hour continuous between 12.00 noon and 3.00 p.m.

23.1.2 Dinner

One hour continuous between 5.00 p.m. and 8.00 p.m.

23.1.3 Supper

Half an hour between 10.00 p.m. and 12.00 midnight.

23.1.4 Breakfast

One hour continuous between 7.00 a.m. and 9.00 a.m. but for cleaners, half an hour between 8.00 a.m. and 9.00 a.m.

23.2 Casual employees who work for more than four hours will be entitled to a minimum meal break of 30 minutes.

23.3.1 The span of hours during which meal breaks may be taken may be varied where specific work requirements necessitate it.

23.3.2 In the event that an employee is required to work more than five continuous hours without a suitable meal interval, the employee will be paid for the period which should be allowed as the meal interval at

the rate of double time. This clause will not apply to employees engaged to work on a continuous shift roster.

23.3.3 Provided that those employees working during the preparation of a stage production for the period of seven days preceding the opening of the production will be paid at the rate of time and a half in lieu of the aforesaid double time except on Sundays when double time and a half will be paid.

23.4 No part of the time that should be allowed as a meal interval will be counted as part of the ordinary hours of work within the meaning of clause 22 - Hours of work and time off.

23.5 The employer will pay an employee (other than a cleaner) a meal allowance of $6.87 additional, for each meal interval occurring before the employee’s finishing time, where the employee has worked between 12 midnight and 8.00 a.m. and who continues to work beyond 8.00 a.m. Provided that such meal allowance will not be payable where the employee commences work at or after 5.00 a.m.

23.6 The employer will pay an employee a meal allowance of $9.81, where the employee is required to work two performances, back to back. Provided that such meal allowance will not be payable where the employer provides a suitable meal.

24. OVERTIME

24.1 Weekly employees

24.1.1 Weekly employees will receive overtime calculated to the nearest quarter of an hour, as follows:

24.1.2 For all work performed in excess of the rostered daily hours - at the rate of time and on half for the first 2 hours and double time thereafter.

24.1.3 For all work performed on a rostered day off - at the rate of time and a half for the first 4 hours and double time thereafter.

24.1.4 For all the work performed in excess of the weekly total of hours - at the rate of time and a half.

24.1.5 For all work performed after a break in working hours prescribed to be worked consecutively or continuously - at the rate of time and a half.

24.1.6 Part time employees who perform work in excess of 38 ordinary hours per week - time and one half for the first 2 hours and double time thereafter.


24.2.1 A casual employee will receive overtime calculated to the nearest quarter of an hour.

24.2.2 A casual employee who works in excess of 8 hours per day will be paid overtime at the rate of time and a half for the first 2 hours and double time thereafter.

24.2.3 A casual employee who works more than 38 hours (excluding overtime worked and paid on a daily basis) in any one week will be paid for all hours in excess of 38, time and a half for the first four hours and double time thereafter.

24.3 All employees

24.3.1 Where an employee is detained at work until it is too late to travel home by the last train, tram or other regular public conveyance, the employer will provide proper conveyance to the employee's home for the employee so detained.

24.3.2 An employee will, wherever possible, be given 24 hours' notice that the employee is required to work all night after an evening performance.

24.3.3 For all work performed between 12 midnight and 7.00 a.m. - at the rate of double time other than work performed by employees engaged specifically as cleaners.

24.3.4 An employee who works overtime on any day will be entitled to a break of ten hours before resumption of work on the following day. Should such employee be required to resume work before the expiration of ten hours the employee will be paid at the rate of double time until the employee is released from duty for such period.

25. SUNDAYS

25.1 All employees who are required to commence work on a Sunday, whether part of an ordinary roster or workcycle, or not part of a roster cycle, or overtime, will be paid at the rate of double time, with a minimum payment for four hours.

25.2 Where an employee who commences work on a Saturday and continues to work without a break on Sunday, the minimum 4-hour call for work performed on a Sunday as prescribed in 25.1 will not apply.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

26. ANNUAL LEAVE

26.1 Annual leave entitlement

All employees engaged by the week will have 152 hours annual leave for each year of service on full pay (as defined in 3 - Definitions) which leave will be taken within six months of the date of entitlement, unless otherwise mutually agreed. The said leave may be taken in two periods by mutual agreement.

26.2 Time of taking annual leave

If the 152 hours annual leave due under 26.1 will not have been given at the expiration of the year, the employee's right thereto will continue and accumulate in respect of each year's service but only to the extent of two years.

26.3 Annual leave loading

26.3.1 Each full time or part-time employee before going on any period of annual leave will be paid an annual leave loading at the rate of 17-1/2 per cent of the rate of full pay prescribed herein for such employee. Such loading will be in addition to the amount paid to the employee under 26.1.

26.3.2 No loading is payable to an employee who takes annual leave wholly or partly in advance. Provided that if the employment of such an employee continues until the day when the employee would have become entitled to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated by applying the award rates of pay applicable on that day.

26.3.3(a) When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not taken the whole of the annual leave to which the employee has become entitled under the terms of 26.1, the employee will be paid the loading for the period of leave not taken.

26.3.3(b) Except as provided by 26.3.3(a) no loading is payable on the termination of an employee's employment.

26.4 Public holidays during annual leave

Where any public holiday as prescribed in 32 - Public holidays occurs during the period of the employee's annual leave, the leave will be increased by 7.6 hours for each such holiday.

26.5 Proportionate annual leave on termination If the employment of any weekly employee be terminated such employee will be entitled to 15.2 hours pay for each month of service that has been rendered during the employment unless in respect of such service annual leave has been given by the employer or the employee has lost the right thereto under the provisions of this clause. Such payment will be made within fourteen days of the termination of the employment.

26.6 Conversion of accrued leave

26.6.1 All accumulated or accrued leave up to and including 2 March 1997, will be credited on the basis of a 38-hour week and rates of pay applicable to such leave will be calculated on the basis of a 38-hour divisor. Consequently credits will be converted as follows:-

If in weeks x 38 hours;If in days x 7.6 hours;If in hours x No. of hours x 7.6 / 8

26.6.2 Leave debits on or after 3 March 1997 will be equivalent to the ordinary hours employees would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken.

27. SICK LEAVE

27.1 An employee who is absent from work on account of personal illness, or injury by accident not arising out of and in the course of the employee's employment and who has been in the service of the employer for a period of more than twelve weeks, will be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

27.2 During each year of service, 76 hours sick leave will be allowed.

27.3 The employee will not be entitled to paid sick leave for any period of absence in respect of which the employee is paid workers' compensation.

27.4 The employee will, within 24 hours of the commencement of such sick leave absence, inform the employer of the employee's inability to report for duty and so far as practicable state the nature of the injury or illness from which the employee is suffering and the estimated period of the employee's absence.

27.5 The employee will, if so required by the employee's employer, provide satisfactory evidence of the nature of the injury and of the employee's inability to attend for duty on any day or days for which sick leave is claimed.

27.6 Subject to the provisions of this clause an employee will be allowed 30.4 hours' sick leave (in the aggregate) per year without having to produce a medical certificate.

27.7 Sick leave will accumulate from year to year so that any balance of the period specified in that clause which has in any year not been taken by the employee as paid sick leave, may be claimed by such employee and will be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Sick leave that accumulated pursuant to this clause will be available to the employee only for a period of twelve years from the end of the year in which it accrued.

27.8 Conversion of accrued leave.

27.8.1 All accumulated or accrued leave up to and including 2 March 1997, will be credited on the basis of a 38-hour week and rates of pay applicable to such leave will be calculated on the basis of a 38-hour divisor. Consequently credits will be converted as follows:-

If in weeks x 38 hours;If in days x 7.6 hours;If in hours x No. of hours x 7.6 / 8

27.8.2 Leave debits on or after 3 March 1997 will be equivalent to the ordinary hours employees would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken.

28. BEREAVEMENT LEAVE

28.1 An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 28.3 of this clause.

28.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide, to the satisfaction of the employer, proof of death.

28.3 Bereavement leave shall be available to the employee in respect of the death of the person prescribed for the purposes of personal/carer s leave in accordance with paragraph (c) of subclause (1) of clause 29, Personal/Carer's Leave, provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

28.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has already been granted other leave.

28.5 Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 29. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

29. PERSONAL/CARER'S LEAVE

(1) Use of Sick Leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 22, Sick Leave, 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.

(b) The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer s leave under this subclause where another person has taken leave to care for the same person.

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

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:


(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide basis although not legally married to that person; or

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


(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

(1) "relative" means a person related by blood, marriage or affinity;

(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

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

(d) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person s 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 employer by telephone of such absence at the first opportunity on the day of absence.

(2) Unpaid Leave for Family Purpose -

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is ill.

(3) Annual Leave -

(a) An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken.

(4) Time Off in Lieu of Payment for Overtime -

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time agreed with the employer within 12 months of the said election.

(b) 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.

(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason; payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time -

(a) An employee may elect, with the consent of the employer, 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 the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work make-up 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.

30. PARENTAL LEAVE

See Part 4 of Chapter 2 of the Industrial Relations Act 1996.

31. JURY LEAVE

31.1 A weekly employee required to attend for jury service during ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage that would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

31.2 An employee will notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee will give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

32. PUBLIC HOLIDAYS

32.1 An employee will be entitled to public holidays without loss of pay on the following days:

32.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; Australia Day, Anzac Day, Queen's Birthday, and Eight Hour Day, May Day or Labour Day; and

32.1.2 the first Monday in August;

32.2 When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on 27 December.

32.3 When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on 28 December.

32.4 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.

32.5 Where in the State, public holidays are declared or prescribed on days other than those set out in this clause, those days will constitute additional holidays for the purpose of this award.

32.6 An employer and their employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

32.6.1 If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

32.6.2 An agreement pursuant to 32.6 will be recorded in writing and be available to every affected employee.

32.7 All employees who work on a public holiday, whether part of an ordinary roster or work cycle, or not part of a roster cycle, will be paid at the rate of double time, with a minimum payment as for four hours.

32.8 An employee whose rostered time off falls on a public holiday as provided for in this clause will be allowed an additional day off at a time to be agreed between the employer and the employee, or be paid an additional days pay in lieu thereof within seven days of the holiday.

33. LEAVE FOR CONSULTATION MEETINGS

Each employer will allow his/her employees to attend meetings to discuss industrial matters without loss of ordinary pay provided the following conditions are observed:

33.1 At least fourteen days notice of such meeting is given to the employer.

33.2 The meetings will be held on Mondays, not public holidays and will conclude by 12:30 p.m.

33.3 The employer is only obliged to pay wages for the period that the employee was rostered for duty.

33.4 The employer is only obliged to pay wages for the period of the meeting if the employer is in receipt of satisfactory evidence of the employee’s attendance at the meeting.

33.5 The employer is not obliged to pay wages for more than two such meetings in any calendar year in each State.

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

34. TRAVELLING

34.1 An employee required by the employer to travel will be reimbursed up to his/ her actual cost of an economy class airfare or equivalent to the destination. This provision will not apply where the employer provides and the employee elects to use employer provided transport.

34.2 When travelling on duty, an employee will be paid the full prescribed rate of pay for the whole period of the tour from the time of leaving the place of engagement at the beginning of the tour until the employee returns to that place of engagement at the end of the tour. Broken weeks at the beginning or end of the tour will be paid pro rata and the days of departure and return other than a Sunday, each to be counted as one day worked:

34.3 Provided that if either of such days be Sunday, 34.4 will apply to that day.

34.4 If an employee engaged by the week is required by the employer to travel on a Sunday the employee will, unless paid in pursuance of 25 - Sundays for working on a Sunday, be paid for travelling, one-tenth of the prescribed per week rate in addition to the travelling allowance payable in respect of the Sunday.

34.5 If an employee engaged by the week is on tour and, on any calendar day on which the employee is required to work at a performance held on that day, is also required to travel during any time between 8.00 a.m. and 5.00 p.m. one half of the travelling time will be counted as time worked, providing the maximum number of hours so paid, will be four.

34.6 On the day a tour's journey begins the employer will be entitled to the ordinary services of the employee during so much of the day the employee is not travelling.

34.7 On the day a tour's journey ends the employer will be entitled to the ordinary services of the employee up to 5.00 p.m. during so much of the day as the employee is not travelling and if the employee fails without reasonable cause to attend when requested for such service, the employer will be entitled to deduct payment proportionate to the time during which the employee so fails to attend.

34.8 Accommodation

34.8.1 Where an employee is required to travel the following provisions will apply with respect to accommodation.

34.8.2 Travel period less than one week

Where the period of travel is one week or less an allowance of $82 per night will be payable provided that such allowance will not be payable where the employer provides suitable accommodation.

34.8.3 Travel period greater than one weekThe employer will pay to each employee a cash allowance of $302.00 per week or $60.00 per night up to the maximum weekly allowance. Where this allowance is payable it should be paid in advance up to a maximum of one week. Provided that:

34.8.4 The above allowance is not payable:

34.8.4(a) Where the employer provides suitable accommodation.

34.8.4(b) If the employer elects not to provide accommodation and the employee elects to accept reimbursement of the expenses of such accommodation up to the maximum limits as follows:

Destination AmountAdelaide, Hobart, Perth, and Brisbane $478Canberra $531Sydney and Melbourne $584 Other places $425

34.8.4(c) Shared accommodation

34.8.4(c)(i) Where an employer and employees agree in writing, shared accommodation may be provided by the employer. The employer will retain a copy of any such agreement.

34.8.4(c)(ii) Where the employer is not providing accommodation and employees agree in writing to share accommodation, the reimbursement limits set by this clause will be increased by 25% in respect of such shared accommodation. A copy of such agreement will be retained by the employer.

34.8.4(c)(iii) Where there are special circumstances, which an employer considers, preclude him/her from being able to provide suitable accommodation the employer and employee may agree to shared accommodation without additional payment.

34.8.5 Reimbursement will be made weekly or at such longer intervals as the employer and employee agree and will be made upon presentation by the employee of a receipted account for the accommodation or such other arrangements as are agreed between the employer and the employee.

34.8.6(a) In lieu of the provisions of 34.8.4(a) and 34.8.4(b), an employee may elect to take a cash allowance of $302.00 per week or $60.00 per night up to a maximum of the weekly cash allowance.

34.8.6(b) Where an employee elects to take this allowance it shall be paid in advance up to a maximum of one week.

34.8.7 Any dispute as to the operation of this clause or as to whether accommodation provided by an employer is suitable accommodation as is required by this clause will be dealt with in accordance with 11 - Dispute resolution.

34.8.8 When any travel in excess of one week in duration is required as much notice as is practicable will be given to employees. Such notice will also include, where the employer is providing accommodation in accordance with this clause the details of the accommodation to be provided. The employee will indicate within fourteen days of the offer of accommodation whether they propose to accept the offer unless impractical to do so in the circumstances.

34.9 Meals

An employee required to travel will be an allowance for meals of $32.40 per day to a maximum of $162.00 per week. Provided that such allowances will not be paid where the employer provides meals of a satisfactory nature.

34.10 Incidentals

An employee required to travel will be paid an allowance for incidentals of $9.90 per day to a maximum of $49.50 per week.

34.11 Eligibility

34.11.1 The provisions of 34.8, 34.9 and 34.10 above will not apply:

34.11.1(a) with respect to an employee who is engaged to work at a single location away from the employees place of residence for a specific period of twelve months or more.

34.11.1(b) where an employee is engaged on a local show.

34.11.2 An employer will not knowingly engage on a local show, an employee whose place of residence is not in the local area.

34.11.3 The provisions of this clause will be applicable as though the place of residence of the employee or prospective employee had been correctly stated, where an employer:

34.11.3(a) avoids or seeks to avoid the operation of this clause by inducing any employee or prospective employee to misrepresent the employees’ place of residence; or

34.11.3(b) engages an employee where the employer knows that the place of residence of an employee or prospective employees has been misrepresented.

F. MARKS J.

____________________


(455) SERIAL C0929

LONG SERVICE LEAVE (OIL COMPANIES) (STATE) AWARD



(No. IRC 1115 of 2001)

Before the Honourable Justice Marks 27 July 2001

REVIEWED AWARD

1. ARRANGEMENT

1. Arrangement2. Incidence of Award3. Definitions4. Right to Leave5. Amount of Leave6. Payment for Period of Leave7. Taking Leave8. Granting Leave in Advance9. Restriction Upon Employment While on Leave10. Payment on Termination for Leave Not Taken11. Benefits to be Brought Into Account12. Transmission of Business13. Records to be Kept14. Counterpart Award15. Area and Duration

SCHEDULE "A"SCHEDULE "B"

2. INCIDENCE OF AWARD

2.1 This award shall be binding on the employers named in Schedule "A" and their employees who are:

(a) engaged on work in or in connection with the production, manufacture or wholesale distribution of petroleum products, and who are employed in processing plants, offices, refineries, terminals, installations, airfields or depots in the State of New South Wales, and;

(b) are bound by the awards named in Schedule "B" and any awards that succeed or replace those awards.

2.2 This award shall be read in conjunction with the awards named in Schedule "B". Where there is any inconsistency between this award and the awards listed in schedule "B" this award shall apply.

3. DEFINITIONS

3.1 In this award, unless the context otherwise indicates or requires:

"actual rate of pay" means the total amount an employee would have received for performing ordinary hours of work but shall not include overtime, shift premiums, penalty rates and other extraneous payments of a like nature;"business" has the same meaning as "employer" in this award, and includes a part of such business;

"employer" means any company named in Schedule "A" to this award:

"employee" means any person employed by an employer under the terms of clause 2 of this award, but does not include persons employed as casual employees;

"service with an employer" for the purposes of this award means the period during which an employee has served an employer under an unbroken contract of employment, provided that:

(1) A contract of employment shall be deemed not to have been broken by reason only of any interruption or determination thereof, if the interruption or determination:

(a) has been made by an employer with the intention of avoiding any obligation imposed by this award or by any State law dealing with long service leave; or

(b) has arisen, either directly or indirectly, from an industrial dispute concerning industrial matters, and an employee returns to duty with the same employer in accordance with the terms of settlement of the said dispute; or

(c) has been made by an employer by reason of slackness of trade, and the employee is re-employed by the same employer within six months of such interruption or determination; or

(d) has been made by an employer for any reason other than those referred to in subparagraphs (a), (b) and (c) of this subclause, and the employee is re-employed by the same employer within two months of such interruption or determination.

(2) Any period of interruption or determination of the contract of employment referred to in paragraph (1) of this definition shall not, except in the case referred to in subparagraph (a) of paragraph (1), be taken into account in calculating the period of service.

(3) Any period of service by an employee as a member of the navy, military or air forces of the Commonwealth (otherwise than as a permanent member of such forces) shall be deemed to be service with the employer by whom the employee concerned was last employed before the employee commenced to serve as such member for the purposes of this award.

(4) Service with the employer before the commencement of this award shall, subject to the provisions of subclause 5.2 of this award, as well as service with the employer after such commencement, be taken into account for the purposes of this award.

"Transmission" includes transfer, conveyance, assignment, or succession whether by agreement or by operation of law, and "transmitted" has a corresponding meaning.

4. RIGHT TO LEAVE

4.1 An employee shall be entitled to, and, subject to clause 7 of this award, an employer shall grant long service leave with pay in respect of service with an employer as provided by this award.

4.2 Except as provided by this award, payment in lieu of long service leave shall not be made by an employer, or accepted by an employee.

5. AMOUNT OF LEAVE

5.1 Subject to the provisions of subclause 5.2 of this clause, the amount of long service leave to which an employee shall be entitled shall be:

(1) In the case of an employee who has completed at least ten years' service with an employer-(a) in respect of ten years' service so completed, thirteen consecutive weeks' leave; and

(b) in respect of each ten years' service with an employer completed since the employee last became entitled to long service leave, thirteen consecutive weeks' leave; and

(c) on the termination of the employee's employment, in respect of the number of years' service with an employer since the employee became entitled to an amount of long service leave, a proportionate amount on the basis of thirteen consecutive weeks' leave for ten years' service; and

(2) In the case of an employee who has completed at least five years' service with an employer and whose employment is terminated for any cause, other than the employee's serious or wilful misconduct, a proportionate amount on the basis of thirteen consecutive weeks' leave for ten years' service.

5.2 In the case of an employee whose service with an employer commenced before 1 January 1985 and whose service would have provided an entitlement to long service leave under this award, the amount of long service leave to which such employee shall be entitled shall be the sum of the following amounts -

(1) An amount calculated on the basis of thirteen consecutive weeks' leave for twenty years' service in respect of the employee's service with the employer -

(a) in New South Wales, before 1 April 1963;

(b) in Queensland, before 11 May 1964;

(c) in Victoria, before 1 January 1965;

(d) in South Australia, before 1 January 1966;

(e) in Western Australia, before 1 October 1964;

(f) in Tasmania, before 17 December 1964;

(g) in the Australian Capital Territory, before 11 May 1964; and

(h) in the Northern Territory, subject to the provisions of the Long Service Ordinance 1965 before 11 May 1964; and

(2) An amount calculated on the basis of thirteen consecutive weeks' leave for fifteen years' service in respect of the period of the employee's service with the employer -

(a) in New South Wales on and from 1 April 1963;

(b) in Queensland on and from 11 May 1964;

(c) in Victoria on and from 1 January 1965;

(d) in South Australia on and from 1 January 1966;

(e) in Western Australia on and from 1 October 1964; (in Tasmania on and from 17 December 1964;

(f) in the Australian Capital Territory on and from 11 May 1964;

(g) in the Northern Territory on and from 11 May 1964; and

(3) An amount calculated on the basis of thirteen consecutive weeks' leave for ten years service in respect of the period of the employee's service with the employer -

(a) in South Australia on and from 1 January 1972;

(b) in the Northern Territory on and from 30 September 1974.

6. PAYMENT FOR PERIOD OF LEAVE

6.1 Subject to the provisions of subclause 6.3 of this clause, the rate of payment to which an employee on leave shall be entitled shall be the employee's actual rate of pay, as defined in subclause 3.1 of this award.

6.2 Payment shall be made in one of the following ways :

(a) in advance for the whole of the period when the employee commences the period of leave, at the rate calculated in accordance with the provisions of subclause 6.1 of this clause; or

(b) by agreement with the employee, at the same time as payment would have been made if the employee had remained on duty, in which case payment shall, if the employee, in writing, so requires, be made by cheque posted to an address specified by the employee; or

(c) in any other way agreed between the employer and the employee.

6.3 Where, during the period of leave, a variation occurs to an employee's actual rate of pay, the rate of payment to which the employee shall be entitled, for the leave period, shall include the varied rate from the date of such variation.

6.4 Where payment has been made in advance to an employee, in accordance with this clause, the employer shall, upon the employee's return to duty, adjust such advance payment to include the varied rate of pay.

7. TAKING LEAVE

7.1 Where an employee has become entitled to long service leave pursuant to this award, such leave shall be granted by the employer as soon as practicable having regard to the needs of the establishment, or as provided by subclause 7.3 of this clause, at such time, or times, as may be agreed between the employer and the employee.

7.2 Except where an employee agrees otherwise, the employer shall give an employee at least twenty-eight days' notice of the date from which leave is to be taken.

7.3 The leave prescribed by this award shall be granted, and taken, in one continuous period, or if the employer and the employee so agree, in not more than three separate periods.

7.4 The long service leave prescribed by this award shall be exclusive of annual leave and all other holidays prescribed by an award, industrial agreement, or other statutory enactment applicable to the employee's contract of employment occurring during the taking of any period of long service leave. If any such holiday, to which an employee is entitled, falls within the employee's period of long service leave and is observed on a day which, in the case of that employee, would have been an ordinary

working day, there shall be added, to the period of long service leave, time equivalent to the ordinary time which the employee would have worked if such a day had not been a holiday.

8. GRANTING LEAVE IN ADVANCE

8.1 An employee may, by mutual agreement with the employer, be granted long service leave before the right to such leave has accrued due.

8.2 Where leave is taken in accordance with subclause 8.1 of this clause, the employee shall not become entitled to any further leave under this award for the period in respect of which such leave was taken before it accrued due.

8.3 Where leave has been granted to an employee, pursuant to subclause 8.1 of this clause, before the right thereto has accrued due, and the employment is subsequently terminated, the employer may deduct from any remuneration payable to the employee on the termination of employment such amount as represents payment for any period for which the employee has been granted, and has taken, leave to which the employee was not entitled at the date of termination of the employee's employment.

9. RESTRICTION UPON EMPLOYMENT WHILE ON LEAVE

9.1 An employee shall not engage in any employment for hire or reward during any period of long service leave pursuant to this award.

10. PAYMENT ON TERMINATION FOR LEAVE NOT TAKEN

10.1 Where the employment of an employee is terminated, otherwise than by the employee's death, and any long service leave -

(a) to which the employee was entitled has not been taken; and/or

(b) accrues to the employee on such termination,

the employer shall immediately pay, in full, to the employee, the amount in respect of such leave, calculated at the date of the termination in the manner set out in subclause 6.1 of this award, less any amount already paid to the employee in respect of that leave.

10.2 Where an employee dies, and any long service leave -

(a) to which the employee was entitled has not been taken; and/or

(b) accrues upon termination of the employment by reason of the employee's death,

the employer shall, upon request by the employee's personal representative, pay, in full, to the employee's personal representative, the amount in respect of such leave calculated as at the date of the death of the employee in the manner set out in subclause 6.1 of this award, less any amount already paid to the employee in respect of that leave.

11. BENEFITS TO BE BROUGHT INTO ACCOUNT

11.1 Any long service leave allowed, or payment in lieu thereof made before 1 January 1985, shall be taken into account, and shall be deemed to have been leave granted, and taken, in satisfaction of any entitlement to leave due under this award -

(a) in the case of leave with pay - to the extent of the period of such leave; and

(b) in the case of payment in lieu thereof-to the extent of a period of leave equivalent to the amount of payment at the date thereof.

12. TRANSMISSION OF BUSINESS

12.1 Where, whether before or after the commencement of this award, a business or part thereof is transmitted from an employer (called "the transmittor") to another employer (called "the transmittee") and an employee who, at the time of such transmission, was an employee of the transmittor in that business or part thereof, becomes an employee of the transmittee -

(a) the continuity of the contract of employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(b) the period of service which the employee has had with the transmittor, or any prior transmittor, shall be deemed to be service with the transmittee,

and the employee shall be entitled to long service leave as if the employee had, during the whole period of service, been employed with the one employer at the date at which the employee's entitlement to long service leave accrues.

12.2 Nothing in subclause 12.1 of this clause shall be construed as entitling an employee to leave, or payment in lieu thereof, more than once in respect of any period of service.

13. RECORDS TO BE KEPT

13.1 An employer shall keep or cause to be kept long service leave records in the manner required by the Long Service Leave Act 1955 and the regulations thereto.

13.2 The records referred to in subclause 13.1 of this clause shall be open for inspection by a duly authorised officer of an industrial union of employees in accordance with the requirements of the New South Wales Industrial Relations Act 1996.

14. COUNTERPART AWARD

14.1 This award is intended to be and is made as a counterpart in all respects to the Oil Industry (Long Service Leave) Award 2000 of the Australian Industrial Relations Commission made on 4 November 1985 (Print No. S8308) and any differences between them are formal only and exist so that this award complies with relevant New South Wales legislation.

15. AREA AND DURATION

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Long Service Leave (Oil Companies) (State) Award 1985 published on 24 December 1986 (243 I.G. 1398).

The award published on 24 December 1986 took effect from the first full pay period commencing on or after 12 December 1985.

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 27 July 2001.

This award remains in force until varied or rescinded, the period for which it was made having already expired.

SCHEDULE "A"

Ampol LimitedAustralian Oil Refining Pty LimitedAustralian Lubricating Oil Refinery LimitedBP Australia Limited

BP Oil Distribution LimitedEsso Australia LimitedMobil Oil Australia LimitedThe Shell Company of Australia LimitedShell Chemical (Australia) Pty LtdShell Refining (Australia) Pty Ltd

SCHEDULE "B"

AwardsCanteen Workers (State) Award, published 16 July 1999 (314 IG 155)Miscellaneous Workers General Services (State) Award published 1 October 1999 (310 IG 1060)Occupational Health Nurses (State) Award, published 15 October 1993 (276 IG 1080)Security Industry (State) Award, published 19 August 1991 (269 IG 1314)

F. MARKS J.

____________________


(589) SERIAL C0842

SCIENTIFIC OFFICERS (PUBLIC HOSPTAL DIETICIANS) AWARD



(No. IRC 3820 of 1999)

Before Mr Deputy President Grayson 11 July 2001

REVIEWED AWARD

CLAUSE NO. SUBJECT MATTER

1. DEFINITIONS2. SALARIES3. GRADING OF OFFICERS4. GRADING COMMITTEE5. LEAVE RESERVED6 ANTI-DISCRIMINATION7. CONDITIONS OF EMPLOYMENT8 LABOUR FLEXIBILITY9. AREA, INCIDENCE AND DURATION

1. DEFINITIONS

"Dietician" means a person employed in the industry of dietetics in the New South Wales Health Service who has qualifications acceptable to the New South Wales Institute of Dieticians as an associate or who holds the diploma in Nutrition and Dietetics of the University of Sydney, or who has qualifications deemed by the Health Administration Corporation to be the equivalent thereof.

"Industry of dietetics" means the industry of persons engaged in New South Wales in the profession of dietetics in public hospitals.

"Officer" means a dietician employed in the New South Wales Health Service as defined under section 16 of the Health Services Act 1997.

"Hospital" means a public hospital as defined under section 15 of the Health Services Act 1997.

"Institute" means the New South Wales Institute of Dieticians.

"Association" means the Health and Research Employees Association of New South Wales.

"Service", unless the context otherwise indicates or requires means service before and/or after commencement of this award in any one or more hospitals or Area Health Services in New South Wales or any other hospital deemed acceptable by the Health Administration Corporation.

"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.

2. SALARIES

For current salaries refer Health Professional and Medical (State) Award

3. GRADING OF OFFICERS

(i) Within the General Scale, officers employed by the Health Service shall, at all times, be classified not lower than the year of scale corresponding to the minimum prescribed hereunder for their respective qualifications advanced by:

(a) one year of scale for each completed year of service in terms of this award in the New South Wales Health Service; and

(b) one further year of scale for each completed year of service in nutrition/dietetics, otherwise than as above, subject to the approval of the Health Administration Corporation.

(ii) Officers qualified as shown hereunder, shall not be classified below the respective year of scale in this grade, as follows with advancement as provided for in subclause (i) of this clause.

(1) Bachelors Degree (3-year course) with post-graduate diploma with no experience - 1st year.

(2) Bachelors Degree with Honours (4-year course) with post-graduate diploma with no experience - 2nd year.

(3) Masters Degree with post-graduate diploma with no experience -3rd year.

(4) Degree of Doctor of Philosophy with post-graduate diploma and no experience - 4th year.

Provided that such higher qualification has been obtained in subjects relevant to nutrition and dietetics practice.

4. GRADING COMMITTEE

A committee consisting of two representatives of the Health Administration Corporation and two representatives of the Association shall be constituted to consider and recommend to the Health Administration Corporation upon application by the Association or the Health Service.

(i) The grading of any new position or any variation of grading of a position as a result of any substantial change in duties and/or responsibilities; and

(ii) The date of the effect of the grading recommended.

Provided that:

(i) an employee shall, whilst the grading of the position is under consideration, be ineligible to be a member of the Committee;

(ii) the Committee shall not, without sufficient reason, recommend the retrospective operation of any grading or remuneration; and

(iii) 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.

5. LEAVE RESERVED

Leave is reserved to the Association to apply in respect of 2, Salaries, of this award in the event of any variation in the salaries paid to Dieticians employed by the Public Service Board in the Health Commission of New South Wales


(i) It is 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:




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

(v) 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 b56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this 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."

7. CONDITIONS OF EMPLOYMENT

The Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award, as varied from time to time, shall apply to all persons covered by this award.

8. LABOUR FLEXIBILITY

(i) An employer may direct an employee to carry out such duties as are reasonable, and within the time limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote deskilling.

(ii) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

(iii) Any direction issued by an employer pursuant to subclauses (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

(iv) Existing provisions with respect to the payment of mixed functions/higher duties allowances shall apply in such circumstances.

9. AREA, INCIDENCE AND DURATION

It shall apply to all officers as defined in clause 1, Definitions, of this award, within the jurisdiction of the Public Health Employees (State) Industrial Committee.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Scientific Officers (Public Hospital Dieticians) Award published on 9 March 1977 (204 I.G. 1488) and all variations thereof.

The award published 9 March 1977 took effect from the first full pay period to commence on or after 1 January 1976.

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 11 July 2001.

This award remains in force until varied or rescinded, the period for which it was made already having expired.

J. P. GRAYSON D.P.

____________________


(590) SERIAL C0846

HOSPITAL SCIENTISTS (STATE) AWARD



(No. IRC 2431 of 1999)


REVIEWED AWARD

CLAUSE NO. SUBJECT MATTER1 DEFINITIONS2 SALARIES3 GRADING OFFICERS4 HOURS5 SHIFT WORK AND WEEKEND WORK6 ROSTERING HOURS7 ON-CALL8 PART-TIME OFFICERS9 OVERTIME10 MEALS11 HIGHER DUTIES12 PUBLIC HOLIDAYS13 ANNUAL LEAVE14 LONG SERVICE LEAVE15 SICK LEAVE16 PAYMENT AND PARTICULARS OF SALARY17 TERMINATION OF EMPLOYMENT18 ACCOMMODATION AND AMENITIES19 INSPECTION OF LOCKERS OF OFFICERS20 UNIFORM AND LAUNDRY ALLOWANCE21 CLIMATIC AND ISOLATION ALLOWANCE22 NOTICE BOARDS23 ASSOCIATION REPRESENTATIVE24 EXEMPTIONS25 BLOOD COUNTS26 SETTLEMENT OF DISPUTES27 ANTI-DISCRIMINATION28 TRAVELLING ALLOWANCE29 GENERAL CONDITIONS30 PROMOTIONS AND APPOINTMENTS31 BOARD AND LODGINGS

32 MATERNITY AND ADOPTION LEAVE33 REDUNDANCY-MANAGING DISPLACED

EMPLOYEES34 PERSONAL/CARER’S LEAVE, FAMILY AND

COMMUNITY SERVICES LEAVE35 MOBILITY, EXCESS FARES AND

TRAVELLING36 LABOUR FLEXIBILITY37 AREA, INCIDENCE AND DURATION

PART B

TABLE 1 - ALLOWANCES

1. DEFINITIONS

Unless the context otherwise indicates or requires the several expressions hereunder defined shall have their respective meaning assigned to them:

"Association" means the Health and Research Employees' Association of New South Wales.

"A.D.A." means the daily average of occupied beds adjusted by counting each 700 registered outpatients as one occupied bed. The average shall be taken for the twelve months for the year ending 30th June in each and every year and such average shall relate to the salary for the succeeding year.

"Area Health Service" means an Area Health Service constituted pursuant to section 17 of the Health Services Act 1997.

"Authority" means the Public Employment Office established under Division 2A of the Public Sector Management Act, 1988.

"Hospital" means a public hospital as defined under s.15 of the Health Services Act, 1997.

"Trainee Hospital Scientist" means an officer appointed as such who is undertaking a part-time degree course in science at an approved University or a College of Advanced Education and is engaged in work related to the profession for which he or she is qualifying.

"Hospital Scientist" means an officer who has acquired the Diploma in Medical Technology of the Australian Institute of Medical Technologists (before 1974) or who has obtained a degree in science from an approved university or college of advanced education requiring a minimum of three years full-time study or such qualifications as the Health Administration Corporation deems equivalent.

"Senior Hospital Scientist" means an officer who is engaged in scientific work of a professional nature in a public hospital laboratory who holds a degree in science from an approved University or a college of advanced education or such other qualifications deemed by the Health Administration Corporation to be appropriate who:

(a) has been appointed to a position in charge of a section of a laboratory; or

(b) has been approved by the Health Administration Corporation for appointment on the recommendation of the Credentials Committee.

"Senior or Chief Hospital Scientist" means an officer who is engaged in scientific work of a professional nature in a public hospital laboratory who holds a degree in science from an approved University or a college of advanced education or such other qualifications deemed by the Health Administration Corporation to be appropriate who:

(a) has been appointed to a position in charge of a laboratory; or

(b) has been approved by the Health Administration Corporation for appointment on the recommendation of the Credentials Committee.

"Principal Hospital Scientist" means a Hospital Scientist who has been appointed as such and holds a post graduate degree in science at least equivalent to the degree of Master of Science of an approved university, or such other qualifications deemed by the Health Administration Corporation to be equivalent and who has had not less than ten years post graduate experience in an appropriate scientific field.

"Director/Deputy Director" means an officer appointed as Head of a Department or as second in-charge of a Department, provided that such a position is approved as such by the Health Administration Corporation."Corporation" means the Health Administration Corporation.

"Officer" means a Hospital Scientist, Senior Hospital Scientist, Principal Hospital Scientist, or Trainee Hospital Scientist as defined.

"Day Worker" means a worker who works ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and before 10 am otherwise than as part of a shift system.

"Shift Worker" means a worker who is not a day worker as defined.

"Service" means service before and/or after the commencement of this award in any one or more hospitals as defined under s.15 of the Health Services Act 1997, or any other hospital deemed acceptable by the Corporation.

"Area Health Service" means an Area Health Service constituted pursuant to Section 17 of the Health Services Act 1997.

2. SALARIES

Salaries for Hospital Scientists, as defined herein, shall be as set out in the Health Professional and Medical Salaries (State) Award.

3. GRADING OF OFFICERS

(i) Grades: Every officer other than Trainee Hospital Scientist shall be classified in one of the grades of Hospital Scientist, Chief/Senior Hospital Scientist, or Principal Hospital Scientist as provided hereunder.

(ii) Years of Scale

(a) Within each grade officers employed by any hospital shall, at all times be classified not lower than the year of scale corresponding to the minimum described hereunder for their respective qualifications and/or duties advanced by:

(1) At least one year of scale for each completed year of service in that grade and hospital; and

(2) At least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.

(b) In determining an officer's classification due allowance also shall be made for any post graduate experience.

(iii) Hospital Scientists who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subclause (ii) of this clause.

Bachelor's Degree (3 year course) - 1st year;

Bachelor's Degree with Honours (3 year course); Bachelor's degree (4 year course) - 2nd year.

Bachelor's Degree with Honours (4 year course); diploma or Bachelor's degree with at least two years experience concurrent with or after the last two years of the course, - 3rd year.

Master's Degree - 4th year;

Associate of the Institute of Physics, Australian Institute of Physics, Degree of Doctor of Philosophy - 6th year;

provided such degree with honours or such Master's Degree has been obtained in a subject relevant to the branch of science in which the officer is engaged.

(iv) Credentials Committee. A committee consisting of two representatives of the Health Administration Corporation and two representatives of the Association shall be constituted to consider and recommend to the Health Administration Corporation upon application by the Association or the employing hospital.

(a) The appointment of a new employee as a Senior Hospital Scientist (other than a Senior Hospital Scientist in charge of a laboratory or a section of a laboratory), or a Principal Hospital Scientist.

(b) The promotion of an officer from Hospital Scientist to Senior Hospital Scientist.

(c) The promotion of an officer from Senior Hospital Scientist to Principal Hospital Scientist.

4. HOURS

(i) The ordinary hours of work for day workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked from Monday to Friday inclusive and to commence on such days at or after 6 am and before 10 am.

(ii) The ordinary hours of work for shift workers exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle.

(iii) Each day worker shall be free from duty for not less than two full days in each week and each shift worker shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable such days off duty shall be consecutive.

(iv)

(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 days each officer shall not work his or her ordinary hours of work on more than nineteen days in the cycle. The hours worked on each of those days shall be arranged to include a proportion of one hour (in the case of officers working shifts of eight hours duration the proportion of 0.4 of an hour) which shall accumulate towards the officer's allocate day off duty on pay, as the twentieth working day of the cycle.

(b) Notwithstanding the provisions of paragraph (a) of this subclause, officers who were, as at the 30th June 1984, working shifts of less than eight hours duration may:

(1) continue to work their existing hours each 28 days but spread over 19 days, or

(2) with the agreement of the hospital, continue to work shifts of the same duration over 20 days in each cycle of 28 days.

(v) The officer's allocated day off duty prescribed in subclause (iv) of this clause shall be determined by mutual agreement between the officer and the hospital having regards to the needs of the hospital or

sections thereof. Where practicable such allocated day off duty shall be consecutive with the days off duty prescribed by subclause (iii) of this clause.

(vi) Once set the allocated day off duty may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing. Where such circumstances exist and the allocated day 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) Where the Corporation and the Associations agree that exceptional circumstances exist in a particular hospital, an officer’s allocated days off duty prescribed by subclause (iv) of this clause may, with the agreement of the officer concerned, accumulate and be taken at a time mutually agreed between the officer and the hospital. Provided that the maximum number of days off duty, which may accumulate under this subclause, shall be eighteen.

(viii) There shall be no accrual of 0.4 of an hour for each day of ordinary annual leave taken in accordance with subclause (i) of Clause 13, Annual Leave, of this award. However where an officer has accumulated sufficient time to take his/her allocated day off duty prior to entering on annual leave, and that day would have been taken if the officer had not gone on annual leave, it shall be allowed to the officer on the first working day immediately following the period of leave.

Where an officer has not accumulated sufficient time for an allocated day off duty prior to entering on annual leave, time in credit shall count towards taking the next allocated day off duty falling in sequence after the officer's return to duty.

(ix) An officer entitled to allocated days off duty in accordance with subclause (iv) of this clause shall continue to accumulate credit towards his/her allocated day off duty whilst on sick leave. Where an officer's allocated day off duty falls during a period of sick leave the officer's available sick leave shall not be debited for that day.

(x) Where an officer's allocated day off duty falls due during a period of worker's compensation, the officer, on returning to duty, shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

(xi) Where an officer's allocated day off duty falls on a public holiday as prescribed by Clause 12 - Public Holidays of this award, the next working day shall be taken in lieu thereof.

(xii) Except for one meal break each day all time worked between the normal starting and ceasing time each day shall be at the ordinary rates of pay.

(xiii) There shall be one tea break of twenty minutes duration. This is additional to the meal break provided for in subclause (xii) of this Clause.

(xiv) There shall be a minimum break of eight (8) hours between ordinary rostered shifts.

5. SHIFT WORK AND WEEKEND WORK

(i) Subject to the provisions of this clause, officers may be employed on shift work.

(ii) The ordinary hours of shift workers shall be worked on not more than five days per week and shall not exceed 152 hours per 28 calendar days.

(iii) As far as practicable, no officer shall be obliged to work shift work against his/her wishes.

(iv) Senior Hospital Scientists and Principal Hospital Scientists shall not be required to work shift work against their wishes.

(v) Before shift work is introduced into any section or department of a hospital, the proposals relating thereto shall be conveyed to the Association and an opportunity given to discuss such proposals with representatives of the hospital concerned and the Corporation.

(vi) Any disputes arising out of the introduction of new shift systems shall be referred to a committee consisting not more than six members with equal representatives of the Corporation and the Association.

In the event of no unanimous decision being arrived at, the matter in dispute may be notified to the Industrial Registrar for the consideration of the Public Health Employees (State) Industrial Committee or the Industrial Relations Commission of New South Wales.

(vii) Work performed by shift workers working during ordinary hours shall be paid at the following rates:

(a) on Mondays to Fridays between 8:30 am and 9:00 pm at ordinary time rate of pay.

(b) On Mondays to Fridays before 8:30 am and after 9:00 pm at the rate of time and a half.

(c) On Saturdays at the rate of time and a half.

(d) On Sundays at the rate of time and three quarters.

Provided that a part-time officer shall not be entitled to be paid in addition the loading prescribed in subclause (i) of clause 8, Part-Time Officers, of this award.

Provided further that positions which prior to 31 August 1988 were covered under the terms of the Hospital Employees Conditions of Employment (State) Award shall continue to be paid in accordance with provisions of Penalty Rates for Shift Work, Weekend Work and Special Working Conditions, of that Award. Further provided that the provisions of subclauses (iii) and (iv) shall not apply to these positions.

6. ROSTER OF HOURS

(i) The ordinary hours of work for each officer shall be displayed on a roster in a place conveniently accessible to officers. Where reasonably practicable such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

Provided that this provision shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the relieving staff.

Provided further that a roster may be altered at any time to enable the services of the hospital to be carried on where another officer is absent from duty on account of illness or in emergency but where any such alteration involves an officer working on a day which would have been his/her day off such time worked shall, subject to subclause (vi) of clause 4, Hours, be paid for at overtime rates. Furthermore, where a change in roster hours occurs with less than 24 hours notice to the officer affected, all time worked outside that shown on the officer's roster (prior to the alteration) shall be paid for at overtime rates.

(ii) Where an officer is entitled to an allocated day off duty in accordance with Clause 4, Hours, of this Award, that allocated day off duty is to be shown on the roster of hours for that officer.

7. ON CALL

An officer required by his or her hospital to be on call in any one 24 hour period shall be paid an allowance as set out in Item 1 of table 1, Allowances, for that period or any part thereof, provided that only one allowance shall be paid in any period of 24 hours.

Provided that an on-call roster shall not be introduced by a hospital without the approval of the Corporation. Principal Hospital Scientists are excluded from the provisions of this clause.

Provided that this clause shall not apply to positions covered by the Public Hospital Medical Technologists (State) Award, prior to 31 August 1988.

8. PART-TIME OFFICERS

A part-time officer means an officer who is engaged and paid by the hour.

(i)

(a) Officers may be engaged as part-time workers for not more than thirty hours in any full week of seven days, such work to be coincidental with the pay period of each hospital respectively, and shall be paid by the hour for the actual number of hours worked each week with a minimum of three hours for each start at an hourly rate calculated by adding 15 per cent of one thirty eighth of the weekly wage prescribed by Clause 2, Salaries, of this award of Hospital Scientists.

(b) In an emergency, a part-time officer may be allowed to work more than the thirty hours in one week and in such case shall be paid for the hours actually worked at the rate calculated in accordance with paragraph (a) of this subclause.

(ii) With respect to part-time officers the provisions of clauses relating to Hours (clause 4) in respect to subclauses (v) to (xii) inclusive, Shiftwork and Weekend Work (clause 5) other than subclause (vii) of that clause), Grading of Officers (clause 3), On Call (clause 7), Overtime (clause 9), Meals (clause 10), Higher Duties (clause 11), Annual Leave (clause 13), Uniform and Laundry Allowance (clause 20), Settlement of Disputes (clause 26), Travelling Allowances (clause 28), Termination of Employment (clause 17), Association Representatives (clause 23), of this award shall not apply.

(iii) Annual Leave shall be granted in accordance with the provisions of the Annual Holidays Act, 1944.

Provided further that positions which prior to 31 August 1988 were covered under the terms of the Hospital Employees Conditions of Employment (State) Award shall continue to be paid in accordance with the provisions of Part-time Workers of that Award.

9. OVERTIME

(i) All time worked by day workers and shift workers in excess of or outside the ordinary hours prescribed by Clause 4, Hours, and Clause 5, Shift Work and Weekend Work of this Award, respectively, shall be paid for at the rate of time and one half for the first two hours and double time thereafter, provided that all time worked on Sundays shall be paid for at double time; provided further that all overtime worked on public holidays shall be paid for at the rate of double time and one half.

(ii) An officer recalled to work overtime after leaving the employer's premises (whether notified before or after leaving the premises) shall be paid for a minimum of four (4) hours work at the appropriate rate for each time he or she is recalled; provided that, except in the case of unforeseen circumstances arising, the officer shall not be required to work the full four hours if the job he or she was so called to perform is completed within a shorter period.

An officer recalled to work overtime as prescribed by this subclause shall be paid all fares and expenses reasonably incurred in travelling to and from his/her place or work.

Provided further that where an officer elects to use his/her own mode of transport he/she shall be paid an allowance equivalent to the "Transport Allowance" specified by the regulation of the Authority at the rate in force from time to time.

(iii) When overtime is necessary it shall wherever reasonably practical, be so arranged that officers have at least eight consecutive hours off duty between the work on successive days or shifts.

For the purposes of assessing overtime each day shall stand alone, provided however, that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one-day.

(iv) An officer who works such overtime:

(a) 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

(b) on a Saturday, a Sunday and a holiday, not being ordinary working day, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four 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 his/her employer such an officer resumes or continues to work without having had such eight consecutive hours off duty, he/she shall be paid at double rates until he/she is 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.

(v) When an officer works overtime as an extension of shift and ceases work at a time when reasonable means of transport are not available, he/she shall be paid at ordinary rates for the time reasonably spent travelling from the hospital to the officer's home with a maximum payment of one (1) hour.

This subclause shall not apply in the case of call-back nor where the officer has his/her own vehicle available for conveyance home.

(vi) The provisions of this clause shall not apply to Principal Hospital Scientists.

10. MEALS

(i) An officer who works authorised overtime shall be paid in addition for such overtime -

(a) as set out in Item 2 of Table 1, Allowances, for breakfast when commencing such overtime work at or before 6:00 am;

(b) as set out in Item 2 of Table 1, for luncheons when such overtime extends beyond 2:00 pm on Saturdays, Sundays or holidays;

(c) as set out in Item 2 of the said Table 1, for an evening meal when such overtime is worked for at least one hour immediately following his/her normal ceasing time, exclusive of any meal break, and extends beyond or is worked wholly or after 7:00 pm;

or shall be provided with adequate meals in lieu of payment.

(ii) The value of payments for meals shall be varied as the equivalent rates are from time to time varied in the New South Wales Public Service.

(iii) Time not exceeding one hour and not less than thirty minutes shall be allowed for each meal, provided that where an officer is called upon to work for any portion of the meal break, such time shall count as ordinary working time.

(iv) An officer required to work overtime following on the completion of his or her normal shift for more than two hours shall be allowed twenty minutes for the partaking of a meal and a further twenty minutes after each subsequent four hours' overtime; all such time shall be counted as time worked.

(v) An officer recalled to work overtime after leaving the employer's premises and who is required to work for more than four hours shall be allowed twenty minutes for partaking of a meal and a further twenty minutes after each subsequent four hours overtime; all such time shall be counted as time worked.

(vi) Where practicable, officers shall not be required to work more than four (4) hours without a meal break.

11. HIGHER DUTIES

(i) An officer, when called upon to relieve another paid on a higher scale shall be paid for the time so spent at the rate prescribed for the classification of the officer so relieved.

(ii) This clause shall not apply when an officer in a higher grade is absent from duty for reason of his/her allocated day off duty as a consequence of working a 38-hour week.

Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Relieving Other Members of Staff and Mixed Functions", of that award shall apply.

12. PUBLIC HOLIDAYS

(i) Public Holidays shall be allowed to officers on full pay.

(ii) Where an officer is required to and does work on any of the holidays set out in subclause (iii) of this clause, whether for a full shift or not, the officer shall be paid one and one half day's pay in addition to the weekly rate prescribed by clause 2 - Salaries of this award, such payment in the case of shift workers to 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:

Provided that if the employer and the officer so agree, an officer may be paid one half day's pay in addition to the weekly rate and have one day added to his/her period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.

(iii) For the purpose of this clause, the following shall be deemed public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, local Labour Day, and other days proclaimed and observed as a public holiday within the area in which the hospital is situated.

(iv) Where a public holiday occurs on a shift worker's rostered day off, he/she shall be paid one day's pay in addition to the weekly rate, or if the employer and the officer so agree, have one day added to his period of annual leave.

(v) Subclauses (i) and (ii) of this clause shall not apply to part-time officer of this award but each such officer who is required to work on a public holiday as defined in subclause (iii) of this clause shall be paid at the rate of double time and one-half but such officer shall not be entitled to be paid in addition the loading of 15 per cent prescribed in subclause (i) of clause 8 - Part-Time Officers, of this award.

(vi) Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Public Holidays" of that award shall apply.

*(vii) In addition to those public holidays specified in subclause (iii), employees are entitled to an extra public holiday each year. Such public holiday will occur on a date, which is agreed upon between the Associations and each individual hospital and shall be regarded for all purposes of this clause as any other public holiday.

The foregoing will not apply in areas where in each year a day in addition to the ten named public holidays specified in subclause (iii) is proclaimed and observed as a public holiday and will not apply in areas where, in each year, at least two half days in addition to the ten named public holidays specified in the said subclause are proclaimed and observed as half public holidays.

Provided further that in areas where in each year only one half day in addition to the ten named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the

purposes of this award, the whole day will be regarded as a public holiday and no additional public holiday, which otherwise would, as a result of this subclause apply, will be observed.

13. ANNUAL LEAVE

(i) All officers: See Annual Holidays Act 1944.

(ii) Annual leave on full pay shall be granted on completion of each twelve months service in a hospital as follows:

(a) Principal Hospital Scientists - 5 weeks.

(b) All other officers - 4 weeks.

(iii) (a) This subclause does not apply to part-time officers.

(b) Officers who are rostered to work their ordinary hours on Sundays and/or public holidays during the qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:

(1) If 35 ordinary shifts on such days have been worked - one week.

(2) If less than 35 ordinary shifts on such days have been worked and the officers work 38 hours per week - proportionately calculated on the basis of 38 hours leave for 35 such shifts worked.

(3) If less than 35 ordinary shifts on such days have been worked and the officers work less than 38 hours per week - proportionately calculated on the basis of leave equivalent to the number of hours ordinarily worked per week for 35 such shifts worked.

The calculations referred to above shall be made to the nearest one fifth of the ordinary hours worked, half or more than half of one fifth being regarded as one fifth and less than half being disregarded.

Provided that an officer, entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his or her additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the officer at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

(c) Provided further that on termination of employment, officers shall be entitled to payment for any untaken leave due under this subclause together with payment for any untaken leave in respect of an uncompleted year of employment, calculated in accordance with this subclause.

(iv) The annual leave shall be given by the hospital and shall be taken by the officer before the expiration of a period of six months after the date upon which the right to such holidays accrues; provided that the giving and taking of the whole or any separate period of such annual holiday may, with the consent of the officer, be postponed for a period not exceeding 18 months.

(v) The employer shall give to each officer three months notice where practicable and not less than one month's notice of the date upon which the officer shall enter upon annual leave.

(vi) An officer who is normally employed to work shifts shall be paid whilst on annual leave his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the officer would have worked if he/she had not been on annual leave, provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of Clause 12, Public Holidays, of this award.

(vii) Credit of time towards an allocated day off duty shall not accrue when an officer is absent on ordinary annual leave in accordance with subclause (i) of this clause. Officers entitled to allocated days off duty in accordance with Clause 4, Hours, of this award shall accrue credit towards an allocated day off duty in respect of each day those officers are absent on additional annual leave in accordance with subclause (ii) of Clause 12, Public Holidays, of this award.

(viii) Officers shall be entitled to an annual leave loading of 17.5 per centum, or shift penalties as set out in subclause (vi) of this clause, whichever is the greater.

NOTATION: The conditions under when the annual leave loading shall be paid to officers are the same as generally applied through circulars issued by the Corporation.

14. LONG SERVICE LEAVE

(i)

(a) Each officer shall be entitled to two months' long service leave on full pay or four months' long service leave on half pay after ten years of service; thereafter additional long service leave shall accrue on the basis of five months' long service leave on full pay or ten months on half pay for each ten years' service.

(b) Where the services of an officer with at least five years' service as an adult and less than ten years' service are terminated by the employer for any reason other than the officer's serious and wilful misconduct, or by the officer on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award for an adult in the same classification as the officer.

Where some of the service of the officer has not been under this award "service as an adult" means - in the case of a worker employed to do any work for which the price, rate or wage has been fixed by an award made under the Industrial Relations Act 1996 or made under the Industrial Relations Act 1988, or made under the Industrial Arbitration Act, 1940, or has been fixed by an Industrial Agreement made pursuant to or registered under the said Acts or an Agreement or Determination made pursuant to the Public Sector Management Act 1988 - the period of service during which the remuneration applicable to the officer was at the rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult in the same trade, classification, calling, group or grade as the officer or in case of an officer being an apprentice the terms of whose employment are governed by an award applicable only to apprentices - the period of service with an employer during which the remuneration applicable to the officer was at a rate not less than the rate prescribed by the award covering a journeyman carrying out work in the same trade classification or calling as the officer.

(ii) For the purpose of subclause (i) of this clause:

(a) "service" shall mean continuous service in one or more hospitals. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961.

(b) Provided that broken periods of service in one or more hospitals shall count as service subject to the following:

Where an officer ceasing employment in a hospital is re-employed in a hospital subsequent to 1st January 1973, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed.

(c) Service shall not include:

(1) any period of leave without pay except in the case of officers who have completed at least ten years of service (any period of leave without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after 1st January, 1973.

(2) any period of part-time service, except permanent part-time service, as provided for in subclause (vi).

(iii) Long service leave shall be taken at a time mutually arranged between the employer and the officer.

(iv)

(a) On the termination of employment of an officer otherwise than by his death, an employer shall pay to the officer the monetary value of all long service leave accrued and not taken at the date of such termination, and such monetary value shall be determined according to the salary payable to the officer at the date of such termination; provided that where an officer is transferring from one hospital to another he/she may if they so desire and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

(b) Where an officer who has acquired a right to long service leave, or having had five years service as an adult and less than ten years service, dies, the officer’s Estate, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such officer had his/her services terminated as referred to in subclause (i)(b), and such monetary value shall be determined according to the salary payable to the officer at the time of his/her death.

(v) The provisions of subclauses (i) and (ii) of this clause shall not apply to part-time officers who shall be entitled to long service leave in accordance with the provisions of the Long Service Act, 1955.

(vi) A full-time officer shall be entitled to have previous part-time service which is the equivalent of at least two full days' duty per week taken into account for long service leave purposes in conjunction with full-time service on the basis of the proportion that the actual number hours worked each week bears to 40 hours up until 30 June, 1984 and bears to 38 hours on and from 1 July, 1984; provided that part-time service merges without break with the subsequent full-time service.

(vii) Except as provided for in subclause (viii) of this clause, rights to long service leave, if any, which at the date of the commencement of this award may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the date of commencement of this award. Where an officer has been granted long service leave or has been paid its monetary value prior to the date of commencement of this award the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

(viii) The following provisions apply to officers employed in a hospital at 1st January 1973:

(a) An officer who

(1) has had service in a hospital, to which clause 21, Climatic and Isolation Allowances, of this award, applies prior to 1st January, 1973.

(2) is employed in a hospital, to which clause 21, Climatic and Isolation Allowances of this award, applies, at 1st January, 1973 shall be granted long service leave in accordance with the long service leave provisions in force prior to 1st January, 1973 in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

(b) An officer employed

(1) as a part-time officer at 1st January, 1973, may be allowed to continue to be granted long service leave provisions in force prior to the 1st January, 1973, in lieu of the provisions of the Long Service Leave Act, 1955, as provided for in subclause (v) of this Clause.

(2) on full-time basis at 1st January, 1973, but who has had prior part-time service may be allowed to continue to be granted long service leave in accordance with the long service leave provisions in force prior to the date of commencement of this award in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

(ix) Where an officer has accrued a right to an allocated day off duty prior to entering a period of long service leave such day shall be taken on the next working day immediately following the period of long service leave.

An officer returning to duty from long service leave shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

15. SICK LEAVE

(i) Full-time officers - a full-time officer shall be entitled to sick leave on full pay by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken subject to the following conditions.

(a) All periods of sickness shall be certified to by the Medical Superintendent of the hospital or by a legally qualified Medical Practitioner approved by the hospital, provided such approval shall not be unreasonably withheld; provided however, that the employer may dispense with the requirement of the medical certificate where the absence does not exceed two (2) consecutive days or where in the employer's opinion the circumstances are such as to not warrant such requirements.

(b) The employer shall not change the rostered hours of work of an officer fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the officer is on sick leave.

(c) An officer shall not be entitled to sick leave until after three months continuous service.

(d) Service for the purpose of this clause, shall mean service in a public hospital and shall be deemed to have commenced on the date of engagement by a public hospital in respect of any period of employment with that hospital current at the date of the commencement of this award in respect of officers then so employed and in respect of others it shall be deemed to commence on the first day of engagement by a public hospital after the commencement of this award.

(e) Officers who are employed by a hospital at the date of the commencement of this award shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such a date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.

(f) "Continuous Service" for the purpose of this clause, shall be calculated in the same manner as provided under sub-clause (ii) (a) of Clause 14, Long Service Leave, of this award, excepting that all periods of service in any hospital (providing such service is not less than three months actual service) shall be counted.

(g) Each officer shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration for the absence.

Where practicable such notice shall be given within twenty-four hours of the commencement of such absence.

(ii) Part-time officers - A part-time officer shall be entitled to sick leave in the same proportion of 76 hours as the average weekly hours worked over the preceding twelve months or from the time of the commencement of the employment, whichever is the lesser, bears to 38 ordinary hours of one week. Such entitlements shall be subject to all the above conditions applying to full-time officers.

(iii) An officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to accident pay, or worker's compensation; provided, however, that where an officer is not in receipt of accident pay, an employer shall pay to an officer, who has sick leave entitlements under this clause, the difference between the amount received, as worker's compensation and full pay. The officer's sick leave entitlement under this clause shall for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.

(iv) For the purpose of determining a full-time officer's sick leave credit as at the 1st July 1984, sick leave entitlement shall be proportioned on the basis of 76/80.

16. PAYMENT AND PARTICULARS OF SALARY

(i) Salaries shall be paid weekly or fortnightly provided that for the purpose of adjustments of salaries related to alterations in the basic wage, the pay period shall be deemed to be weekly. On each pay day the pay shall be made up to a day not more than three days prior to the day of payment.

(ii) Officers shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the officer except where agreement as to another method of payment has been reached between the Association and the Corporation due to the isolation of the employing hospital. Salaries shall be deposited by hospitals in sufficient time to ensure that salaries are available for withdrawal by officers no later than pay day provided that this requirement shall not apply where officers nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the hospitals making their deposits with such financial institutions but in such cases hospitals shall take all reasonable steps to ensure that the salaries of such officers are available for withdrawal by no later than pay day.

Subject to adequate notice in writing on each occasion, officers who are rostered off on pay day shall be entitled to have their salary deposited before proceeding on their days off.

(iii) Notwithstanding the provisions of subclauses (i) and (ii) of this clause, any officer who was given or who has been given notice of termination of employment in accordance with clause 17, Termination of Employment, of this award, shall be paid all monies due to him/her prior to ceasing duty on the last day of employment. Where an officer is dismissed or his or her services are terminated without notice in accordance with clause 17, Termination of Employment, of this award, any moneys due to him or her shall be paid as soon as possible after such dismissal or termination, but in any case, not more than three days thereafter.

(iv) On each pay day an officer, in respect of the payment then due, shall be furnished with a statement in writing containing the following particulars, namely: name, the amount of ordinary salary, the total hours of overtime worked, if any, other monies paid, and the purpose for which they are paid and the amount of deductions made from the total earnings and the nature thereof.

(v) Where the retrospective adjustments of wages are paid to officers, such payments where practical shall be paid as a separate payment to ordinary wages and shall be paid in a separate pay envelope. Such payment shall be accompanied by a statement containing particulars as set out in subclause (iv) of this clause.


(i) During the first three months of employment in any hospital, employment shall be from week to week. After three months continuous service, employment may be terminated only by twenty eight days notice given either by the hospital or the officer at any time during the week or by payment or

forfeiture of twenty eight days salary, as the case may be. Nothing in this clause, however, shall prevent the summary dismissal of an officer for misconduct or neglect of duty.

(ii) Officers with a credit of time accrued towards an allocated day off duty shall be paid for such accrual upon termination.

(iii) Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Termination of Employment", subclause (i), of that award, shall apply.

18. ACCOMMODATION AND AMENITIES

(i) Suitable dining room accommodation and lavatory conveniences shall be provided for all resident and non-resident officers.

(ii) In all hospitals erected after 1st January, 1960, dressing room, lockers, hot and cold showers and conveniences also shall be provided for non-resident officers and where practicable, such facilities shall be provided in hospitals erected prior to that date.

(iii) The following extract from the Factories, Shops and Industries Act outlines the minimum standards which the Corporation seeks to achieve in all hospitals:

Sanitary conveniences

(a) Seats - in the proportion of 1 seat to every 15 officers or fraction of 15 officers of each sex.

(b) Separate and distinct conveniences for each sex, together with screened approaches to ensure privacy. These facilities must be located conveniently to work places, they must be adequately lighted and ventilated and floors, walls and ceilings finished with a smooth faced surface resistant to moisture.

Washing and Bathing Facilities

(a) Washing provision by way of basins of suitable impervious material with taps set at 600mm centres with hot and cold water supplied, in proportion of one hot tap and one cold tap for each fifteen employees or part of 15 employees of each sex. Space in front of the wash points shall not be less than 900mm.

(b) Showers spaced at not less than 900mm and with hot and cold water connected for persons ceasing work at any one time in a minimum ratio of one shower for every twenty persons or part of twenty persons of each sex ceasing work at any one time.

Washing and bathing facilities must be adequately lighted and ventilated; floors, walls and ceilings finished with a smooth-faced surface resistant to moisture.

These facilities should be incorporated in, or communicated direct with the change room and should not be contained within any closet block.

Change Rooms and Lockers

(a) Properly constructed and ventilated change rooms equipped with a vented steel locker, at least 300mm wide by 450mm deep and 1800mm high for each officer.

(b) Floor area not less than 0.56 sq. m. per officer to be accommodated.

(c) Space between lockers - set up facing one another and not less than 1.5 metres. Traffic ways not less than one metre wide.

(d) Sufficient seating not less than 260mm wide by 380mm high should be provided.

(e) Lockers should be set up with at least 150mm clearance between the floor of the locker and the floor of the room. Lockers shall be of the lock-up type with keys provided.

Dining Room

(a) Well constructed, ventilated and adequately lighted dining room(s). Generally floor area should not be less than 1.0 sq. m. per officer using the meal room at any one time.

(b) Tables not more than 1.8 m. long, spaced 1.2 m. apart, allowing 0.6 m. of table space per person.

(c) Chairs or other seating with back rests. Sufficient tables and chairs must be provided for all persons who will use the dining room at any one time.

(d) Facilities for boiling water, warming and refrigerating food and for washing and storing of dining utensils shall be provided.

Rest Room

A well constructed and adequately lighted and ventilated room or screened off portion of the change room for women. Such rest room or rest area to be equipped with day bed or couch with mattress, blankets, pillow and hot water bottle.

(iv) The above standards shall be the minimum to be included in working drawings approved after 1st December 1976, for new hospitals.

(v) Where major additions to presently occupied buildings or new buildings are erected within a presently constituted hospital the amenities to be provided in such additions or new buildings shall be the subject of negotiations between the parties.

19. INSPECTION OF LOCKERS OF OFFICERS

Lockers may be opened for inspection in the presence of the officer but in cases where the officer neglects or refuses to be present or in any circumstances where notice to the officer is impracticable such inspection may be carried out in the absence of the officer by an employee of the hospital appointed by the Chief Executive Officer, and if practicable, a Union Branch Officer, otherwise by any two employees of the hospital so appointed.

20. UNIFORM AND LAUNDRY ALLOWANCE

(i) Subject to clause (iii) of this clause, sufficient suitable and serviceable uniforms shall be supplied free of cost to each officer required to wear a uniform provided that an officer to whom a new uniform or part of a uniform has been supplied by the employer who, without good reason, fails to return the corresponding article last supplied to him or her, shall not be entitled to have such article replaced without payment thereof at a reasonable price.

(ii) An officer, on leaving the service of an employer shall return any uniform or part thereof supplied by that employer which is still in use immediately prior to leaving.

(iii) In lieu of supplying a uniform to an officer, an employer shall pay to such officer an amount per week as set in Item 3 of Table 1, Allowances.

(iv) If at any hospital the uniform of the officer is not laundered at the expense of the hospital, an allowance per week as set in Item 3 of the said Table 1, shall be paid to such officer.

(v) Each officer whose duties require him/her to work in a hazardous situation shall be supplied with the appropriate protective clothing and equipment.

(vi) The allowances referred to in subclauses (iii) and (iv) are payable to part-time officers on the basis of one fifth of the full weekly allowance for each shift worked in the week.

21. CLIMATIC AND ISOLATION ALLOWANCE

(i) Officers employed in hospitals in any place situated upon or to the west of a line drawn as specified in this subclause but not including places as specified in subclause (ii) of this clause shall be paid a weekly allowance as set in Item 4 of Table 1, Allowances, in addition to the salary to which they otherwise are entitled. The line shall be drawn as follows: commencing Tocumwal and thence to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell, and Bonshaw.

(ii) Officers employed in hospitals in any place situated upon or to the west of a line drawn as specified in this subclause shall be paid a weekly allowance as set in Item 4 of Table 1, Allowances, in addition to the salary to which they otherwise are entitled. The line shall be drawn as follows: commencing at a point on the right bank of the Murray River at Swan Hill (Victoria) and thence to the following towns in the order stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

(iii) Except for the computation of overtime the allowances prescribed in this clause shall be regarded as part of the salary for the purpose of this award.

(iv) The allowances prescribed by this clause are not cumulative.

(v) A part-time officer shall be entitled to the allowances prescribed in this clause in the same proportion as average hours worked each week bears to 38 ordinary hours.

22. NOTICE BOARDS

The hospital shall permit notice boards of reasonable dimensions to be erected in a prominent position upon which the representative of the respective Associations shall be permitted to post Association Notices.

23. ASSOCIATION REPRESENTATIVES

An officer appointed as Association representative for any hospital shall upon notification thereof in writing by the Association to the hospital secretary, be recognised as an accredited representative of the Association and shall be allowed the necessary time during working hours to interview the employer or other hospital executives on matters affecting officers and shall be allowed suitable facilities to collect the Associations' dues.

24. EXEMPTIONS

This award shall not apply to members, novices or aspirants of religious orders in public hospitals, the names of whom are included or hereafter shall be in the third schedule to the Health Services Act 1997.

25. BLOOD COUNTS

Every officer who works in close proximity to diagnostic and/or therapeutic X-Ray equipment or any other form of radio-active equipment or substance shall have a blood count carried out free of charge, by the hospital at least once in every period of three months including any such period of work.

26. SETTLEMENT OF DISPUTES

(i) Where a dispute arises in a particular section which cannot be resolved between the officers or their representative and the supervising staff, it shall be referred to the Chief Executive Officer of the Area Health Service or establishment or his/her nominee, who will arrange to have the matter discussed with the officers concerned and a local representative or representatives of the Association.

(ii) Failing settlement of the issue at this level, the matter shall be referred to the, Health Administration Corporation and the Head office of the Association. The dispute will be dealt with pursuant to subclause (v) of this clause.

(iii) Whilst these procedures are continuing, no stoppage of work or any form of ban or limitation of work shall be applied.

(iv) The Association reserves the right to vary this procedure where it is considered a safety factor is involved.

(v) With view to an amicable and speedy settlement, all disputes that firstly cannot be settled in accordance with subclauses (i) and (ii) of this clause may be submitted to the committee consisting of not more than six (6) members, with equal representatives of the Associations and the Corporation. Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive Officer of the Area Health Service and the Association respectively with such recommendation as it may think right and, in the event of no mutual decision being arrived at by such committee, the matter in dispute may be referred to the Public Health Employees (State) Industrial Committee.

(vi) This clause shall not interfere with the rights of either to institute proceedings for the determination of any matter in accordance with the Industrial Relations Act, 1996.


(1) It is 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.









NOTES -




28. TRAVELLING ALLOWANCE

(i) An officer seconded to another hospital may be granted a daily travel allowance at the rate of the difference between the cost of travel by public transport to his/her normal place of employment and travel by public transport to the seconding hospital. Provided that where an officer drives his/her own vehicle, he/she shall, in lieu, be eligible for an allowance based on the casual user rates prescribed by the Regulation of the Authority, from time to time, for the difference between the distance to his/her normal place of employment and distance to the seconding hospital.

(ii) An officer who with the approval of the chief executive officer, uses on official business a motor vehicle primarily for other than official business, shall be paid the above-mentioned allowance from time to time effective. However, where it is estimated that an officer will, with the approval of the Chief Executive Officer of the Area Health Service, be required to use his/her private vehicle on official business on at least fifty days during any period of twelve months and during that period, aggregate at least 850 kilometres of official running, he shall be paid the official business rate prescribed by the regulation of the Authority, at the rate in force from time to time throughout the year.

(iii) For the purpose of subclause (ii) travel on official business -

(a) occurs when an officer is required by the Chief Executive Officer as part of his/her duty to use his/her motor vehicle to attend away from his/her normal place of employment or seconding hospital to another clinic, annexe or hospital. Where an officer travels on official business direct from his/her place of residence to a clinic, annexe or hospital, other than normal place of employment he/she shall be paid the difference between the distance to his/her normal place of employment or seconding hospital and that other clinic, annexe or hospital.

(b) shall include other arrangements as agreed to between the Corporation and the Association from time to time.

(c) does not include "call backs".

(iv) Nothing in this clause shall make the employer liable for the cost of the officer's daily travel to his/her usual and normal place of employment.

29. GENERAL CONDITIONS

An officer required to answer emergency phone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone on production of receipted accounts.

Provided that, where an officer is required to answer out of hours telephone calls on a relief basis he/she shall be paid one-twelfth of his/her yearly telephone rental for each month or part thereof he/she is so employed.

30. PROMOTIONS AND APPOINTMENTS

(i) Promotion and/or appointment shall be by merit; provided however that no officer with a claim to seniority shall be passed over without having his/her claim considered.

(ii) In the case of an officer or officers disputing a promotion and/or appointment the Association may apply to the Public Health Employees (State) Industrial Committee or its chairman or the Industrial Relations Commission of New South Wales for determination of the dispute.

31. BOARD AND LODGING

(i) Deductions from the rates prescribed in this award to which these conditions apply are authorised as follows where board and/or lodging are supplied:

(ii) For Board - an amount as set in Item 10 of Table 1 for breakfast and an amount as set in Item 11 of Table 1 for each other meal; provided that the maximum sum that may be deducted in any one week in the case of an officer entitled to full board shall be an amount as set in Item 12 of Table 1. For lodging, an amount per week as set in Item 13 of Table 1 where the officer is provided with a separate bedroom and an amount per week as set in Item 14 of Table 1 where the officer is required to share a bedroom.

(iii) No deductions shall be made from the salary of an officer for board or lodging when the officer is absent from the hospital on annual sick or long service leave.

32 MATERNITY LEAVE AND ADOPTION LEAVE

A. Maternity Leave

(i) Eligibility

To be eligible for paid maternity leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week prior to the expected date of birth or be a permanent part-time employee as specified.

An employee who has once met the conditions for paid maternity leave will not be required to again work the 40 weeks continuous service in order to qualify for a further period of paid maternity leave, unless:

(a) there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement, or after her services have been otherwise dispensed with: or

(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.

(ii) Portability of Service for Paid Maternity Leave

Portability of service for paid maternity leave involves the recognition of service in public sector organisations for the purpose of determining an employee's eligibility to receive paid maternity leave. For example, where an employee moves between a Public Sector Department and a public hospital, previous continuous service will be counted towards the service prerequisite for paid maternity leave.

When determining an employee's eligibility for paid maternity leave, continuous service with New South Wales public sector organisations which are included in the schedule of the Transferred Officers Extended Leave Act, 1961, will be recognised, provided that:

(a) service was on a full-time or permanent part-time (as specified) basis:

(b) cessation of service with the former employer was not by reason of dismissal on any ground, except retrenchment or reduction of work;

(c) the employee commences duty with the new employer on the next working day after ceasing employment with the former employer (there may be a break in service of up to two months before commencing duty with the new employer provided that the new position was secured before ceasing duty with the former employer. However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave.)

(iii) Entitlement

Eligible employees are entitled to paid maternity leave as follows:

(a) Paid Maternity Leave - an employee is entitled to nine weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to nine weeks prior to the expected date of birth.

It is not compulsory for an employee to take this period off work. However, if an employee decides to work during this period it is subject to the employee being able to satisfactorily perform the full range of normal duties.

Paid maternity leave may be paid:

- on a normal fortnightly basis- in advance in a lump sum- at the rate of half pay over a period of eighteen weeks on a regular fortnightly basis.

Recreation and/or long service leave credits can be combined with periods of maternity leave on half pay to enable an employee to remain on full pay for that period.

(b) Unpaid Maternity Leave - an employee is entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth.

(iv) Applications

An employee who intends to proceed on maternity leave should formally notify her employer of such intention as early as possible, so that arrangements associated with her absence can be made.

Written notice of not less than eight weeks prior to the commencement of the leave should accordingly be given. This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.

(v) Variation after Commencement of Leave

After commencing maternity leave, an employee may vary the period of her maternity leave once only without the consent of her employer by giving the employer notice in writing of the extended period at least 14 days before the start of the extended period. An employer may accept less notice if convenient.

An employee may extend the period of maternity leave at any time with the agreement of the employer.

The conditions relating to variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.

(vi) Staffing Provisions

In accordance with obligations established by the Industrial Relations Act 1996 (Section 69) any person who occupies the position of an employee on maternity leave must be informed that the employee has the right to return to her former position. Additionally, since an employee has the right to vary the period of her maternity leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment should be also set down clearly; to a fixed date or until the employee elects to return to duty, whichever occurs first.

(vii) Effect of Maternity Leave on Accrual of Leave, Increments etc.

When the employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual leave and any period of maternity leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual leave.

Except in the case of employees who have completed ten years' service the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has completed ten years' service the period of maternity leave without pay shall count as service provided such leave does not exceed six months.

Maternity leave without pay does not count as service for incremental purposes. Periods of maternity leave at full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.

Where public holidays occur during the period of paid maternity leave, payment is at the rate of maternity leave received i.e., public holidays occurring in a period of full pay maternity leave are paid at full rate and those occurring during a period of half pay leave are paid at half rate.

(viii) Illness Associated with Pregnancy

If, because of an illness associated with her pregnancy an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.

Where an employee is entitled to paid maternity leave, but because of illness, is on sick, annual, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of birth. The employee then commences maternity leave with the normal provisions applying.

(ix) Transfer to a More Suitable Position

Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to satisfactorily perform. This obligation arises from Section 69 of the Industrial Relations Act 1996. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

(x) Miscarriages

In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions

(xi) Stillbirth

In the case of a stillbirth, (as classified by the Registry of Births, Deaths and Marriages) an employee may elect to take sick leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

(xii) Effect of Premature Birth on Payment of Maternity Leave

An employee who gives birth prematurely, and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have the child. Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

(xiii) Right to return to Previous Position

In accordance with the obligations set out in Section 66 of the Industrial Relations Act 1996, an employee returning from maternity leave has the right to resume her former position.

Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and to which the employee is capable or qualified.

(xiv) Return for Less than Full Time Hours

Employees may make application to their employer to return to duty for less than the full time hours they previously worked by taking weekly leave without pay. Such return to work is to be according to the following principles:

- the period is to be limited to 12 months after which full time duties must be resumed;

- the employee is to make an application for leave without pay to reduce her full time weekly hours of work. This application should be made as early as possible to enable the employer to make suitable staffing arrangements. At least four weeks notice must be given;

- the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

- salary and other conditions of employment are to be adjusted on a basis proportionate to the employees full time hours of work i.e, for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.

It should be noted that employees who return from maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time allowance to such employees does not arise.

(xv) Further Pregnancy While on Maternity Leave

Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.

B. Adoption Leave

(i) Eligibility

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child. An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless:

(a) there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement, or after their services have been otherwise dispensed with; or

(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Worker's Compensation Act.

(ii) Entitlement

(a) Paid Adoption Leave

Eligible employees are entitled to paid adoption leave of three weeks at the ordinary rate of pay from and including the date of taking custody of the child.

Paid adoption leave may be paid:

- on a normal fortnightly basis- in advance in a lump sum- at the rate of half pay over a period of six weeks on a regular fortnightly basis.

Annual and/or long service leave credits can be combined with periods of adoption leave at half pay to enable an employee to remain on full pay for that period.

(b) Unpaid Adoption Leave

Eligible employees are entitled to unpaid adoption leave as follows:

- where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;

- where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

(iii) Applications

Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify the employer as early as practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave to be made.

(iv) Variation after Commencement of Leave

After commencing adoption leave, an employee may vary the period of leave, once without the consent of the employer and otherwise with the consent of the employer. A minimum of four week's notice must be given, although an employer may accept less notice if convenient.

(v) Staffing Provisions

As per maternity leave conditions

(vi) Effect of Adoption Leave on Accrual of Leave, Increments, etc


(vii) Return for Less than Full Time Hours


Liability for Superannuation Contributions

During a period of unpaid maternity leave or unpaid adoption leave, the employee will not be required to meet the employer's superannuation liability.

33. REDUNDANCY - MANAGING DISPLACED EMPLOYEES.

Employees shall be entitled to the provisions of Health Department Circular No. 2000/78 - Managing

Displaced Employees, as amended from time to time.

34. PERSONAL/CARERS’S LEAVE, FAMILY AND COMMUNITY SERVICES LEAVE

Employees shall be granted Personal/Carer's Leave, Family and Community Services Leave in accordance with Health Department Circular No 97/11, as amended from time to time.

35. MOBILITY, EXCESS FARES AND TRAVELLING

For the purpose of this clause accustomed place of work shall mean the location where an employee is regularly required to commence duty by the employer.

(1) An employee shall be required to proceed to the accustomed place of work and return home once on each ordinary working day or shift in the employee's own time and at the employee's own expense.

(2)

(i) Where an employee is directed to report for duty to a place of work other than the employee's accustomed place of work the employee shall travel to and from the alternative place of work in the employer's time for those periods in excess of time normally taken to travel to and from the accustomed place of work.

(ii) If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid at the ordinary rate of pay to the extent of travelling time.

(iii) Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work shall be reimbursed.

(iv) Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be prescribed from time to time by the regulation of the Authority.

(3)

(i) Where an employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the relevant union(s) prior to notice of changed accustomed place of work being given.

(ii) The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.

(iii) Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

(iv) If there is disagreement about such a decision after such discussion or if a significant number of employees are involved, the matter should be referred to Health Administration Corporation, which will discuss the matter with the appropriate union(s) and will determine the date upon which notice will be given to employee(s).

(4)

(i) The provision of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in (ii) hereunder.

(ii) If a reliever incurs fares in excess of $5 per day in travelling to and from the relief site, the excess shall be reimbursed.

Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of $5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by the Regulation of the Authority less $5.

* This $5 shall be reviewed annually by the Corporation.

(5) No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to an alternative place of work, at the direction of the employer.

(6) Travel to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.


(i) An employer may direct an employee to carry out such duties as are reasonable, and within the limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote deskilling.


(iii) Any direction issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.



This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Hospital Scientists (State) Interim Award published on 6 August 1993 (276 I.G. 1) and all variations thereof.

The award published 6 August 1993 took effect from the first full pay period to commence on or after 31 August 1988.



Subject to clause 24, Exemptions, this Award shall apply to officers as defined herein employed in public hospitals and Area Health Services in the State, excluding the County of Yancowinna, within the jurisdiction of the Public Health Employees (State) Industrial Committee.

PART B

Table 1 - Allowances

Item No. Clause No. Brief Description Amount$

1 7 On call - per 24 hours of any part thereof 7.702 10 (i) Meal Allowances for overtime:

(a) breakfast at or before 6.00 a.m. 9.60(b) evening at least 1 hour after normal ceasingtime and extends beyond or is worked wholly 18.40after 7.00 p.m.(c) lunch beyond 2.00 p.m. Saturdays, Sundays 12.45or Holidays

3 20(iii) (iv) Uniform and Laundry Allowance - - Uniform 2.30 per week- Laundry 2.40 per week

4 21 (i) (ii) Allowance for persons employed in hospitalsupon or west of the line commencing atTocumwal, etc. (see clause 21 (i) 3.40 per weekAllowance for persons employed in hospitalsupon or west of the line commencing at MurrayRiver, etc. (see clause 21 (ii) 6.80 per week

J. P. GRAYSON D.P.

____________________


(564) SERIAL C0844

PUBLIC HOSPITAL (MEDICAL OFFICERS) AWARD



(No. IRC 2442 of 1999)


REVIEWED AWARD

Arrangement


1 DEFINITIONS2 SALARIES3 PAYMENT OF SALARIES4 QUALIFICATION ALLOWANCE5 IN-CHARGE ALLOWANCE6 HOURS OF WORK7 PENALTY RATES8 TIME WORKED9 MEAL BREAKS10 OVERTIME11 ON CALL AND CALL BACK12 ANNUAL LEAVE13 PUBLIC HOLIDAYS14 SICK LEAVE15 MATERNITY AND ADOPTION LEAVE16 PERSONAL/CARER’S LEAVE, FAMILY AND

COMMUNITY SERVICES LEAVE17 LONG SERVICE LEAVE18 BOARD AND ACCOMMODATION19 UNIFORM AND LAUNDRY ALLOWANCES20 TERMINATION OF EMPLOYMENT21 SETTLEMENT OF DISPUTES22 ANTI-DISCRIMINATION23 STUDY LEAVE24 TRAVELLING ALLOWANCES25 LEAVE RESERVED26 MOBILITY, EXCESS FARES AND TRAVELLING27 PAYMENT AND PARTICULARS OF SALARY28 SECONDMENT29 RELOCATION EXPENSES30 LABOUR FLEXIBILITY

31 REDUNDANCY-MANAGING DISPLACED EMPLOYEES

32 AREA, INCIDENCE AND DURATION

PART B

TABLE 1 - ALLOWANCESPART A

1. DEFINITIONS

"Officer" means a medical officer employed on a full-time basis at a hospital.

"Association" means The Health and Research Employees’ Association of New South Wales.

"Authority" means the Public Employment Office established under Division 2A of the Public Sector Management Act 1988.

"Service" for the purpose of clause 2, Salaries, means service before and/or after the commencement of this award in one or more hospitals or in other institutions approved from time to time by agreement between the parties of this award. It shall include service as a medical officer in the Australian Armed Forces and service, whether continuous or not, in other hospitals within the Commonwealth of Australia.

"Hospital" means a public hospital as defined under s.15 of the Health Services Act 1997.

"Corporation" means the Health Administration Corporation.

"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:

(i) post-graduate university degrees and diplomas recognised by the Medical Board of New South Wales as qualifications, or

(ii) membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College or Royal Australasian College of Surgeons or membership or fellowship of the Royal College of Obstetricians and Gynaecologists, or

(iii) such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation, including fellowship of the Royal Australian College of General Practitioners.

"Intern" means a medical officer serving in a hospital prior to his obtaining full registration pursuant to the Medical Practice Act 1992.

"Resident" means a medical officer who has obtained full registration.

"Registrar" means a medical officer who:

(i) has had at least three years' experience in public hospital service as defined under this award or any lesser period acceptable to the Health Administration Corporation, and

(ii) is appointed as a registrar by a hospital, and

(iii) is occupying a position of registrar in an established position as approved by the Health Administration Corporation.

"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position as approved by the Health Administration Corporation.

"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.


2. SALARIES

Salaries for Medical Officers shall be as set out in the Health Professional and Medical Salaries (State) Award.

3. PAYMENT OF SALARIES

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, except where agreement as to another method of payment has been reached between the Association and the Corporation due to the isolation of the employing hospital. Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees 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 hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day. Subject to adequate notice in writing on each occasion, employees who are rostered off on payday shall be entitled to have their salary deposited before proceeding on their day or days off.

4. QUALIFICATION ALLOWANCE

An allowance detailed in the Medical Officers section of the Health Professional and Medical Salaries Award shall be paid to officers who obtain an appropriate higher medical qualification subject to graduation.

Provided that this clause shall not apply to an officer who is appointed as a Senior Registrar, the salary rate prescribed in clause 2, Salaries, of this award for such position having taken into account that a higher medical qualification is a prerequisite for appointment.

Provided further that, where an officer in his/her fifth and subsequent years of training is expected to meet the formal requirements of a higher medical qualification in that year, he shall be paid half the qualification allowance.

5. IN-CHARGE ALLOWANCE

An allowance as set out in Item 1 of Table 1, Allowances, shall be paid to medical officers for each twelve hours, or part thereof, of continuous in-charge duty for responsibility for after-hours medical services.

6. HOURS OF WORK

(i) The ordinary hours of work shall not exceed an average of 38 hours per week. This shall be achieved by rostering officers for duty over either forty hours in any period of seven consecutive days or eighty hours in any period of fourteen consecutive days and, in addition, then granting officers roster leave additional to that prescribed in sub-clause (ii) of this clause to the extent of one additional day per calendar month. Such additional roster leave may accumulate to a maximum of twelve days and shall be granted in multiples of one day for periods ranging from one day to two weeks. Upon termination of employment an officer shall be paid the monetary value of any untaken additional roster leave, calculated at the officer's ordinary time rate of pay as prescribed by clause 2, Salaries, of this award.

(ii) Officers shall be free from ordinary hours of duty for not less than two days in each week or, where this is not practicable, four days in each fortnight. Where practicable, days off shall be consecutive and where possible additional rostered days off shall be combined with other rostered time off.

(iii) No shift shall be less than eight hours in length on a week-day or less than four hours in length on a Saturday, Sunday or public holiday.

(iv) No broken or split shifts shall be worked.

(v) All time worked in excess of ten hours in any one shift shall be paid as overtime.

(vi) Where in any pay period, an officer is not employed by a hospital for the whole of the pay period, the ordinary hours of work for the purpose of calculating salary for that pay period (i.e., 38 or 76 hours) will be adjusted by the following factor, rounded to the nearest whole number:

Number of calendar days employedNumber of calendar days in pay period

(vii) Officers shall be given at least two weeks' notice of rosters to be worked in relation to ordinary hours of work and also, where practicable, in relation to additional (overtime) rostered hours of work, provided that a hospital may change the rosters without notice to meet any emergent situation. This clause shall not apply in respect of the granting by hospitals of additional roster leave pursuant to this clause.

7. PENALTY RATES

Any ordinary hours worked between the following hours shall be paid at ordinary time plus the appropriate penalty rate.

(i) Hours worked between 6.00 p.m. and midnight, Monday to Friday - 12.5 per cent.

(ii) Midnight and 8.00 a.m., midnight Sunday to midnight Friday - 25 per cent.

(iii) Midnight Friday and midnight Saturday - 50 per cent.

(iv) Midnight Saturday and midnight Sunday - 75 per cent.

8. TIME WORKED

Time worked means the time during which an officer is required by a hospital to be in attendance at a hospital for the purpose of carrying out such functions as the hospital may call on him to perform, and it shall include times when the officer, in waiting to carry out some active function, is studying or resting or sleeping or engaged in any other activity.

Provided that time worked does not include breaks allowed and actually taken for meals.

Provided further that where an officer attends of his own volition outside of hours rostered on duty, or where an officer remains in attendance when formally released from the obligation to perform professional duties, the hospital shall not be liable to make any payment for such attendance.

9. MEAL BREAKS

The principles to be applied by Hospital and Area Health Service Management in relation to meal breaks for Resident Medical Officers are outlined in Departmental Circular No. 88/251.

Day Shifts - Monday to Friday

1. In the interests of patient care and the health and welfare of medical staff, officers must have a break from duty for the purpose of taking a meal.

2. There shall be a uniform meal break of 30 minutes except where locally agreed arrangements for a longer period are made (which shall not exceed one hour).

3. If officers are required to work during their meal break they shall be paid for the time worked.

4. Medical Administrators are to establish simple and effective procedures in consultation with officers to record when staff are required to work through their meal break and to ensure that payment is made.

Shifts Other than Day Shifts - Monday to Friday

The arrangements outlined in Circular No. 83/250 of 19 August 1983 in relation to meal breaks during shifts other than Day Shifts, Monday to Friday, will continue to apply.

10. OVERTIME

(i) All time worked by officers in excess of the ordinary hours specified in clause 6, Hours of Work, of this award, shall be paid at the rate of time and one-half for the first two hours, and double time thereafter provided that all overtime performed on a Sunday, shall be at double time.

(ii) An officer who works authorised overtime and was not notified on or prior to his previous shift of the requirement to work such overtime shall be paid in addition to payment for such overtime:

(a) as set out in Item 2 of Table 1, Allowances, for breakfast when commencing such overtime work at or before 6.00 a.m.;

(b) as set out in Item 2 of Table 1, Allowances, for an evening meal when such overtime is worked for at least one hour immediately following his normal ceasing time, exclusive of any meal break and extends beyond or is worked wholly after 7.00 p.m.;

(c) as set out in Item 2 of Table 1, Allowances, for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or holidays.

Or shall be provided with adequate meals in lieu of such payments.

The rates prescribed in this subclause shall be varied in accordance with any variations in the rates payable under clause 35 of the regulations under the Public Sector Management Act 1988.

11. ON CALL AND CALL BACK

(i) An "on call period" is a period during which an officer is required by the employer to be on call.

(ii) For the purposes of calculation of payment of on-call allowances and for call-back duty, an on-call period shall not exceed 24 hours.

(iii) An officer shall be paid for each on-call period which coincides with a day rostered on duty an allowance as set out in Item 3 of Table 1, Allowances, and for each on-call period coinciding with a rostered day off an allowance as set in the said Item 3 with a maximum payment as set out in the said Item 3 per week.

(iv) An officer who is called back for duty shall be paid for all time worked at the appropriate overtime rate, with a minimum of 4 hours at such rates.

(v) The amounts specified in subclause (iii) shall be taken to include expenses incurred in taking telephone calls at one's own residence and other expenses incurred in being available for emergency duty.

12. ANNUAL LEAVE

(i) All officers shall be allowed four calendar weeks leave of absence on full pay in respect of each twelve months' service in a hospital plus one day on full pay in respect of each public holiday occurring within the period of such leave.

(ii) Officers who are required to work on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave in respect of each complete period of eight hours so worked as follows:

(a) if 35 or more such periods on such days have been worked - one week;

(b) if less than 35 such periods on such days have been worked - leave proportionately calculated on the basis of 38 hours leave for 35 such periods worked;

(c) work performed by reason of call backs pursuant to clause 11, On Call and Call Back, of this award shall be disregarded when assessing an officer's entitlement under the subclause.

(d) The calculations referred to in paragraphs (a) and (b) of this subclause shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded.

(iii) Annual leave shall be given and shall be taken in one consecutive period, or, if the officer and the hospital so agree, in either two or three separate periods, but not otherwise.

(iv) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of the whole or any separate period of such annual leave may, by mutual agreement between the hospital and the officer, be postponed for a further period not exceeding six months.

(v) If the officer and the hospital so agree, the annual leave or any such separate periods, may be taken wholly or partly in advance before the officer has become entitled to that leave, but where leave is taken in such circumstances a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which the annual leave or part thereof has been so taken.

(vi) Except as provided by this clause, payment shall not be made by a hospital to an officer in lieu of any annual leave or part thereof nor shall any such payment be accepted by the officer.

(vii) The hospital shall give the officer at least two months' notice of the date from which his annual leave is to be taken.

(viii) The hospital shall pay each officer before entering upon annual leave his or her ordinary rate of salary for the period of leave. For the purposes of this subclause "ordinary rate of salary" means the award rate of salary and qualification allowance if applicable.

(ix) Where the employment of an officer is terminated, the officer shall be entitled to receive proportionate payment for each completed month of service together with such additional annual leave entitlements due under subclause (ii). All payments are to be made at the rate of salary to which such officer is entitled under this award.

(x) Where the annual leave under this clause or any part thereof has been taken in advance by an officer pursuant to subclause (v), of this clause; and

(a) the employment of the officer is terminated before he/she has completed the year of employment in respect of which such annual leave or part was taken; and

(b) the sum paid by the hospital to the officer as ordinary pay for the annual leave or part so taken in advance exceeds the sum, which the hospital is required to pay to the officer under subclause (ix) of this clause;

(c) the hospital shall not be liable to make any payment to the officer under the said subclause (ix) and shall be entitled to deduct the amount of such excess from any remuneration payable to the officer upon the termination of the employment.


13. PUBLIC HOLIDAYS

(i) Public holidays shall be allowed to officers on full pay.(ii) Where an officer is required to, and does work on any of the public holidays set out in this clause, the

officer shall be paid for the hours worked at the rate of time and one-half. In addition, the officer shall have one day added to annual leave for each public holiday so worked unless time off in respect of time worked on such public holiday has been granted.

(iii) Where a public holiday falls on a rostered day off, the officer shall have one day added to annual leave.

(iv) For the purpose of this clause the following shall be deemed to be public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, or in lieu of any such day any holiday proclaimed in lieu thereof, together with any other day duly proclaimed as a special day and observed as a public holiday within the area in which the hospital is situated.

14. SICK LEAVE

(i) An officer shall be allowed sick leave on full pay calculated by allowing 76 "ordinary" hours per year for each year of continuous service less any sick leave on full pay already taken, subject to the following conditions:

(a) the employer may require the sickness to be certified to by the medical superintendent or by a legally qualified medical practitioner approved by the hospital, or may require other satisfactory evidence thereof;

(b) an officer shall not be entitled to sick leave until the expiration of three months' continuous service;

(c) each officer shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given within twenty-four hours of the commencement of such absence;

(d) an officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to accident pay or workers' compensation; provided, however, that where an officer is not in recept of accident pay an employer shall pay to an officer who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The officer's sick leave entitlements under this clause shall, for each week during which such difference is paid, be reduced by that proportion of hours which the difference paid bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable;

(e) an officer is not eligible for sick leave during periods when he would have normally been rostered on overtime shifts;

(f) an officer is not entitled to more than 8 hours' sick leave in respect of any one day.

(ii) Continuous service for the purpose of this clause shall be calculated in the same manner as provided for in paragraph (a) of subclause (ii) of clause 17, Long Service Leave, of this award.

(iii) Full pay for the purpose of this clause shall include the uniform allowance where payable, under clause 19, Uniform and Laundry Allowance, of this award.

(iv) A hospital shall not terminate the services of an officer except on the grounds of misconduct during the currency of any periods of paid sick leave.

(v) Sick leave as defined, shall accrue and be transferable between hospitals, at the rate of fourteen calendar days per year of continuous service, minus days taken.

15 MATERNITY LEAVE AND ADOPTION LEAVE

A. Maternity Leave

(i) Eligibility










(c) the employee commences duty with the new employer on the next working day after ceasing employment with the former employer (there may be a break in service of up to two months before commencing duty with the new employer provided that the new position was secured before ceasing duty with the former employer. However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave).

(iii) Entitlement




Paid maternity leave may be paid:- on a normal fortnightly basis- in advance in a lump sum- at the rate of half pay over a period of eighteen weeks on a regular fortnightly basis.



(iv) Applications





An employee may extend the period of maternity leave at any time with the agreement of the employer.The conditions relating to variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.





Except in the case of employees who have completed ten years' service the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has

completed ten years' service the period of maternity leave without pay shall count as service provided such leave does not exceed six months.








(x) Miscarriages


(xi) Stillbirth












- salary and other conditions of employment are to be adjusted on a basis proportionate to the employees full time hours of work i.e, for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.

- It should be noted that employees who return from maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time allowance to such employees does not arise.



B. Adoption Leave

(i) Eligibility

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child. An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless



(ii) Entitlement



Paid adoption leave may be paid:-

- on a normal fortnightly basis- in advance in a lump sum- at the rate of half pay over a period of six weeks on a regular fortnightly basis.






(iii) Applications












16. PERSONAL/CARER’S LEAVE, FAMILY AND COMMUNITY SERVICES LEAVE



(i)

(a) Each officer shall be entitled to two months' long service leave on full pay after ten years' service, thereafter additional long service leave shall accrue on the basis of five months' long service leave for each ten years' service.

(b) Where the services of an officer with at least five years' service as an adult and less than ten years' service are terminated by the employer for any reason other than the officer's serious and wilful misconduct or by the officer on account of illness, incapacity or domestic or other

pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award in the same classification as the officer.

Where some of the service of the officer has not been under this award "service as an adult" means - in the case of a worker employed to do any work for which the price, rate or wage has been fixed by an award made under the Industrial Relations Act 1996, or made under the Industrial Relations Act 1988 or made under the Industrial Arbitration Act, 1940, or has been fixed by an industrial agreement made pursuant to or registered under the said Acts, or an agreement or determination made pursuant to the Public Sector Management Act 1988, the period of service during which the remuneration applicable to the officer was at a rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the officer or, in the case of an officer being an apprentice the terms of whose employment are governed by an award applicable only to apprentices - the period of service with an employer during which the remuneration applicable to the officer was at a rate not less than the rate prescribed by the award covering a journeyman carrying out work in the same trade, classification or calling as the officer.

(ii) For the purposes of subclause (i) of this clause:

(a) "Service" shall mean continuous service in one or more hospitals. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961.

(b) Broken periods of service in one or more hospitals shall count as service subject to the following:

(1) where an officer after ceasing employment in a hospital is re-employed in a hospital subsequent to the 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed;

(2) where an officer, after ceasing employment in a hospital is re-employed in a hospital subsequent to the 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed unless he/she has completed at leave five years' continuous service from the date of his/her being so re-employed;

(3) an officer employed in a hospital at the 1st July 1974, and who was entitled to count broken service under the provisions of the award in force prior thereto shall be entitled to count such broken service prior to the 1st July 1974.


(1) any period of leave without pay except in the case of officers who have completed at least ten years' service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after the 1st July 1974;

(2) any period of part time service, except permanent part-time service.


(iv)

(a) On the termination of employment of an officer otherwise than by his death, an employer shall pay to the officer the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the officer at the date of such termination; provided that where an officer is transferring from one hospital to another he/she may, if he/she so desires and by agreement with his/her present employer and his proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

(b) Where an officer who has acquired a right to long service leave, or after having had five years' service as an adult and less than ten years' service, dies, the officer’s Estate shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such officer had his/her services terminated as referred to in subclause (i) (b) and such monetary value shall be determined according to the salary payable to the officer at the time of his/her death.

(v) Rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the 1st July 1974, may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the 1st July 1974. Where an officer has been granted long service leave or has been paid its monetary value prior to the 1st July 1974, the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

18. BOARD AND ACCOMMODATION

(i) Where an officer lives at a hospital, the following deductions from his salary may be made by the employer:

Per week$

Separate accommodation 40.16Shared accommodation 32.96Full board 71.97

(ii) Where individual meals only are provided, the officer may be charged the charges applicable under the Public Hospital Nurses (State) Award.

(iii) The abovementioned amounts shall vary in accordance with the board, accommodation and individual meal charges as prescribed in the Public Hospital Nurses (State) Award as varied from time to time.

(iv) No deduction shall be made from the salary of an officer for board and accommodation when the officer is absent from the hospital on annual, sick or long service leave, provided that the employer shall be entitled to make the deduction for accommodation where the officer:

(a) having been requested to leave his/her room completely vacant fails to do so; or

(b) is absent from the hospital on sick leave and such absence does not exceed six consecutive days.

19. UNIFORM AND LAUNDRY ALLOWANCES

(i) Sufficient suitable and serviceable uniforms shall be provided for each officer required to wear a uniform and such uniforms shall be laundered at the expense of the hospital.

(ii) Where a hospital requires a uniform to be worn but does not provide such uniform, the following allowances shall be paid:

(a) where a full uniform, including special shoes, is required, an amount per week as set in Item 4 of Table 1, Allowances;

(b) in other cases, an amount as also set in Item 4 of Table 1.


Employment may be terminated only by four weeks' notice given in writing either by the hospital or the officer at any time during the week or by payment or forfeiture of four weeks' salary as the case may be, provided that the officer and the hospital may agree to a lesser period of notice. Nothing in this clause shall prevent the summary dismissal of an officer for misconduct or neglect of duty.


(i) Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the chief executive officer of the Area Health Service or establishment or his/her nominee, who will arrange for the matter to be discussed with the employees concerned and a local representative or representatives of the Association.

(ii) Failing settlement of the issue at this level, the matter shall be referred to the Health Administration Corporation, and the Head Office of the Association. The dispute will then be dealt with pursuant to subclause (v) of this clause.



(v) With a view to an amicable and speedy settlement, all disputes that firstly cannot be settled in accordance with subclauses (i) and (ii) of this clause may be submitted to a committee consisting of not more than six members, with equal representatives of the Corporation and the Association. Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive Officer of the Area Health Service and the Association respectively with such recommendations as it may think right and, in the event of no mutual decision being arrived at by such committee, the matter in dispute may be referred to the Public Health Employees (State) Industrial Committee.

(vi) This clause shall not interfere with the rights of either party to institute proceedings for the determination of any matter in accordance with the Industrial Relations Act, 1996.











NOTES -



"Nothing in this 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:

23. STUDY LEAVE

(i) Subject to the terms of this clause a hospital may grant to officers other than interns, study leave without loss of pay as follows:

Face-to-face courses: Half hour study time for every hour of compulsory lecture and/or tutorial attendance, up to a maximum of four hours study time per week. Where no face-to-face course is provided: A maximum of four hours study time per week for a maximum of 27 weeks per year.

(ii) Study leave shall only be granted in respect of a course:

(a) leading to higher medical qualifications as defined in clause 1, Definitions, of this award; and

(b) in respect of a qualification which when obtained would be relevant to the needs of the hospital.

(iii) The officer shall submit to the chief executive officer a timetable of the proposed course of study and evidence of the officer's enrolment in the course.

(iv) The grant of study leave is subject to the convenience of the hospital and should not interfere with the maintenance of essential services nor with patient care.

(v) Periods of study leave granted shall not be taken into account for the purposes of calculating overtime payments;

(vi) Study leave granted subject to the terms of this clause, may be accrued to a maximum of seven working days for the purpose of enabling the officer to study prior to a written, oral or clinical examination. An option to accumulate study leave in terms of this subclause shall be exercised at the commencement of each academic year and the officer shall notify the Chief Executive Officer accordingly;

(vii) Officers who have given continuous service of more than one year, shall be allowed to accrue study leave not taken up to a maximum of fourteen calendar days.

24. TRAVELLING ALLOWANCES

(i) An officer seconded to another hospital may be granted a daily travel allowance at the rate of the difference between the cost of travel by public transport to his/her normal place of employment and travel by public transport to the seconding hospital. Provided that where an officer drives his/her own vehicle, he/she shall, in lieu, be eligible for a mileage allowance equivalent to the "Transport Allowance" mileage rate payable to members of the New South Wales Public Service as determined by the Authority from time to time, for the difference between the distance to his/her normal place of employment and the distance to the seconding hospital.

(ii) An officer who, with the approval of the Chief Executive Officer, uses on official business, a motor vehicle maintained primarily for other than official business, shall be paid the above-mentioned mileage allowance from time to time effective. However, where it is estimated that an officer will, with the approval of the Chief Executive Officer, be required to use his/her private vehicle on official business on at least 50 days during any period of 12 months and during that period aggregate at least 850 kilometres of official running, he/she shall be paid at the "Official Business Rate" prescribed by the Regulation of the Authority at the rate in force from time to time throughout the year.

(iii) For the purpose of subclause (ii) travel on official business:

(a) occurs when an officer is required by the Chief Executive Officer as part of his/her duty to use his/her motor vehicle to attend away from his/her normal place of employment or seconding hospital to another clinic, annexe or hospital. Where an officer travels on official business direct from his/her place of residence to a clinic, annexe or hospital, other than his/her normal place of employment he/she shall be paid for the difference between the distance to his/her normal place of employment or seconding hospital and that other annexe, clinic or hospital;

(b) does not include "call backs";

(c) shall include other arrangements as agreed to between the Health Administration Corporation and the Association from time to time.

(iv) Nothing in this clause shall make the employer liable for the cost of the officer's daily travel to his/her usual and normal place of employment.

25. LEAVE RESERVED

Leave is reserved for the parties to apply as they may be advised in respect of the definitions of "Higher Medical Qualifications" and in respect of "other post-graduate qualifications" and as to "Salaries" in the event of any alterations in the current wage indexation guidelines. Leave is also reserved to the Association to apply in respect of "on call and call back" and "Overtime" as it may be advised.




(2)


(ii) If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid at the ordinary rate of pay to the extent of travelling time.

(iii) Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work shall be reimbursed.

(iv) Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be prescribed from time to time by the Regulation of the Authority.

(3)


(ii) The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.


(iv) If there is disagreement about such a decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Health Administration Corporation, which will discuss the matter with the appropriate union(s) and will determine the date upon which notice will be given to employee(s).

(4)


(ii) If a reliever incurs fares in excess of $5 per day in travelling to and from the relief site, the excess shall be reimbursed.

Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of $5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by the Regulation of the Authority less $5.

This $5 shall be reviewed annually by the Corporation.




(i) All salaries and other payments shall be paid fortnightly. Provided further that, for the purpose of adjustments of wages related to variations in the basic wage, the pay period shall be deemed to be weekly.

(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 employees. Salaries shall be deposited by hospitals 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 hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

(iii) Penalty rates and overtime worked during the second week of the pay fortnight may be paid to employees in the next pay period by Area Health Services and hospitals.

28. SECONDMENT

(i) Allowance - An officer, other than an intern, seconded to work in a 2nd or 3rd Schedule hospital shall have his/her salary increased by one incremental step, by way of allowance, for the period the officer works in such hospital.

For the duration of the officer's secondment, other than periods of leave, the allowance shall be treated as salary for the purpose of calculating overtime and shift penalties.

(ii) Travel - An officer referred to in subclause (i) of this clause shall be allowed a paid journey to Sydney and return by economy class airfare or equivalent thereof for each period of 7 weeks in the employment of a 2nd or 3rd Schedule hospital.

At the discretion of the hospital the paid journey may be taken in advance. Such travel may be used for the purpose of furthering the officer's medical education.

29. RELOCATION EXPENSES

Where an officer is employed in the public hospital system within the metropolitan area and applies for and obtains a permanent position at a country location (being either a position covered by this Award or a Career Medical Officer position), the costs incurred by the officer in respect to removal of furniture and effects and conveyancing in the purchase of a residence are to be refunded by the new employer on the following basis:

- At the time the appointment is taken up: 50% of costs incurred.- After one year's service at the country location: a further 25% of the costs incurred.- After two years service at the country location: the remaining 25% of the costs incurred.

These arrangements become effective in relation to country appointments made after 1 January 1989.


(i) An employer may direct an employee to carry out such duties as are reasonable, and within the limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote de-skilling.


(iii) Any direction issued by an employer pursuant to subclauses (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.


31. REDUNDANCY - MANAGING DISPLACED EMPLOYEES.

Employees shall be entitled to the provisions of Health Department Circular No. 2000/78 - Managing Displaced Employees, as amended from time to time.


This award replaces the Public Hospital (Medical Officers) Award published on 24 May 1978 (209 I.G. 2771), and all variations thereof.


The award published on 24 May 1978 took effect from the first full pay period to commence on or after 1 September 1977.

This award remains in force until varied or rescinded, the period for which it was made already having expired

PART B


Item No. Clause No. Brief Description Amount $In charge Allowance 15.00

2 10(ii) (a) Meal Allowances for overtime:(a) breakfast at or before 6.00 a.m. 9.60(b) evening at least 1 hour after normal ceasingtime and extends beyond or is worked whollyafter 7.00 p.m. 18.40(c) lunch beyond 2.00 p.m. Saturdays, Sundaysor Holidays 12.45

3 11(iii) On-call Allowance per on-call period which 10.00coincides with a day rostered on dutyOn-call Allowance per on-call period whichcoincides with a rostered day off 20.00

per week 70.004 19(ii) Uniform Allowance -

Full Uniform including special shoes if required 2.30 per week

Other cases 1.70 per week

J. P. GRAYSON D.P.

____________________


(560) SERIAL C0839

PUBLIC HOSPITAL (PHYSIOTHERAPISTS, OCCUPATIONAL THERAPISTS AND SPEECH PATHOLOGISTS)

(STATE) AWARD



(No. IRC 2444 of 1999)


REVIEWED AWARD

CLAUSE NO. SUBJECT

1 DEFINITIONS2 SALARIES3 ON CALL4 CONDITIONS OF EMPLOYMENT5 AREA, INCIDENCE AND DURATION

1. DEFINITIONS

(i) Physiotherapists -

(a) "Physiotherapist" shall mean a person who possesses a:

* Bachelor of Applied Science (Physiotherapy) of the University of Sydney, College of Health Sciences, of

* Who has such other qualification deemed by the Health Administration Corporation to be equivalent.

and/or who is registered or conditionally registered under the Physiotherapists Registration Act.

(b) Physiotherapist, Grade 1", shall mean a Physiotherapist appointed as such who is engaged in the performance of all facets of Physiotherapy.

(c) "Sole Physiotherapist" shall mean a Physiotherapist, Grade 1, who is not responsible to another Physiotherapist and is the only Physiotherapist in a particular hospital or elsewhere, including a Community Centre.

(d) "Physiotherapist, Grade 2", shall mean a Physiotherapist appointed to a position approved as such and shall include:

(1) A person who has responsibility for a specific clinical unit within a Physiotherapy Department, which involves the supervision of at least one other Physiotherapist;

(2) A deputy to a Physiotherapist Grade 4 or 5.

(e) "Physiotherapist, Grade 3", shall mean a Physiotherapist appointed to a position approved as such and shall include:

(1) A person who has responsibility for a specific clinical unit within a Physiotherapy Department, which involves the supervision of more than 6 other Physiotherapists;

(2) A person performing Student Unit supervision duties on a full-time basis;

(3) A person in charge of a Physiotherapy Department containing 1-5 other Physiotherapists;

(4) A deputy to a Physiotherapist Grade 6 or 7.

(f) "Physiotherapist, Grade 4", shall mean a Physiotherapist appointed to a position approved as such and shall include a person who is in charge of a Physiotherapy Department containing 6-14 other Physiotherapists.

(g) "Physiotherapist, Grade 5", shall mean a Physiotherapist appointed to a position approved as such and shall include a person who is in charge of a Physiotherapy Department containing 15-29 other Physiotherapists.

(h) "Physiotherapist, Grade 6", shall mean a Physiotherapist appointed to a position approved as such and shall include a person who is in charge of a Physiotherapy Department containing 30-39 other Physiotherapists.

(i) "Physiotherapist, Grade 7", shall mean a Physiotherapist appointed to a position approved as such and shall include a person who is in charge of a Physiotherapy Department containing 40 or more other Physiotherapists.

(j) "Regional Adviser, Level 1", shall mean a Physiotherapist appointed as such and shall include a person who is appointed as a Regional Adviser to the South Eastern or South West or Orana and Far Western Region.

(k) "Regional Adviser, Level 2", shall mean a Physiotherapist appointed as such and shall include a person who is appointed as a Regional Adviser to the North Coast or New England or Central Western or Illawarra Region.

(l) "Regional Adviser, Level 3", shall mean a Physiotherapist appointed as such and shall include a person who is appointed as a Regional Adviser to the Western Metropolitan or Northern Metropolitan or Southern Metropolitan or Hunter Region.

(m) "Part-time Regional Adviser", shall mean a person other than a person appointed as a full-time Regional Adviser, who is appointed to perform Regional Adviser duties for thirty percent (30%) of his/her time.

(n) "Part-time Student Supervisor", shall mean a person other than a person performing Student Unit Supervision duties on a full-time basis, who is required from time to time to supervise students and prepare assessments on such students.

(ii) Occupational Therapist

(a) "Occupational Therapist" shall mean a person who possesses a:

* Diploma in Occupational Therapy of the School of Occupational Therapy of the New South Wales Association of Occupational Therapy; or

* Diploma in Occupational Therapy or a Bachelor of Applied Science (Occupational Therapy) of the, Universities of Sydney or Western Sydney; or

* Bachelor of Health Science (Occupational Therapy) of Charles Sturt or Newcastle Universities;

or has such other qualifications deemed by the Health Administration Corporation to be equivalent.

(b) "Occupational Therapist, Grade 1", shall mean an Occupational Therapist appointed as such who is engaged in the performance of all facets of Occupational Therapy.

(c) "Sole Occupational Therapist" shall mean an Occupational Therapist, Grade 1 who is not responsible to another Occupational Therapist and is the only Occupational Therapist in a particular Hospital or elsewhere including Community Centre.

(d) "Occupational Therapist, Grade 2", shall mean an Occupational Therapist appointed to a position approved as such and shall include;

(1) A person who has responsibility for a specific clinical unit within an Occupational Therapy Department which involves the supervision of at least one other Occupational Therapist;

(2) A deputy to an Occupational Therapist Grade 4 or 5.

(e) "Occupational Therapist, Grade 3", shall mean an Occupational Therapist appointed to a position approved as such and shall include:

(1) A person who has responsibility for a specific clinical unit within an Occupational Therapy Department which involves the supervision of more than 6 other Occupational Therapists;

(2) A person performing Student Unit Supervisor duties on a full-time basis;

(3) A person in charge of an Occupational Therapy Department containing 1-5 other Occupational Therapists;

(4) A deputy to an Occupational Therapist Grade 6.

(f) "Occupational Therapist, Grade 4", shall mean an Occupational Therapist appointed to a position approved as such and shall include a person who is in charge of an Occupational Therapy Department containing 6-14 other Occupational Therapists.

(g) "Occupational Therapist, Grade 5", shall mean an Occupational Therapist appointed to a position approved as such and shall include a person who is in charge of an Occupational Therapy Department containing 15-29 other Occupational Therapists.

(h) "Occupational Therapist, Grade 6", shall mean an Occupational Therapist appointed to a position approved as such and shall include a person who is in charge of an Occupational Therapy Department containing 30 or more other Occupational Therapists.

(i) "Regional Adviser, Level 1", shall mean an Occupational Therapist appointed as such and shall include a person who is appointed as a Regional Adviser to the South Eastern or South West or Orana and Far Western Region.

(j) "Regional Adviser, Level 2", shall mean an Occupational Therapist appointed as such and shall include a person who is appointed as a Regional Adviser to the North Coast or New England or Central Western or Illawarra Region.

(k) "Regional Adviser, Level 3", shall mean an Occupational Therapist appointed as such and shall include a person who is appointed as a Regional Adviser to the Western Metropolitan or Northern Metropolitan or Southern Metropolitan or Hunter Region.

(l) "Part-time Regional Adviser", shall mean a person, other than a person appointed as a full-time Regional Adviser, who is appointed to perform Regional Adviser duties for thirty percent (30%) of his/her time.

(m) "Part-time Student Supervisor", shall mean a person, other than a person performing Student Unit Supervision duties on a full-time basis, who is required from time to time to supervise students and prepare assessments on such students.

(iii) Speech Pathologists -

(a) "Speech Pathologist" shall mean a person who possesses a:

* Diploma in Speech Therapy of the Australian College of Speech Therapy; or

* Bachelor of Applied Science (Speech Pathology) of the Sydney University; or

* Bachelor of Health Science (Speech Pathology) from Charles Sturt University; or

* Bachelor of Speech Pathology of Newcastle University;

or has such other qualifications deemed by the Health Administration Corporation to be equivalent.

(b) "Speech Pathologist, Grade 1", shall mean a Speech Pathologist appointed to a position approved as such, which requires the performance of all facets of Speech Pathology.

(c) "Sole Speech Pathologist" shall mean a Speech Pathologist, Grade 1, who is not responsible to another Speech Pathologist and is the only Speech Pathologist in a particular hospital or elsewhere including Community Care.

(d) "Speech Pathologist, Grade 2", shall mean a Speech Pathologist, appointed to a position approved as such and shall include:

(1) A person who has responsibility for a specific clinical unit within a Speech Pathology Department, which involves the supervision of at least one other Speech Pathologist;

(2) A duty to a Speech Pathologist Grade 4 or 5.

(e) "Speech Pathologist, Grade 3", shall mean a Speech Pathologist appointed to a position approved as such and shall include:

(1) A person who has responsibility for a specific clinical unit within a Speech Pathology Department which involves the supervision of more than 6 other Speech Pathologists;

(2) A person performing Student Unit Supervisor duties on a full-time basis;

(3) A person in charge of a Speech Pathology Department containing 1-5 other Speech Pathologists.

(f) "Speech Pathologist, Grade 4", shall mean a Speech Pathologist appointed to a position approved as such and shall include a person who is in charge of a Speech Pathology Department containing 6-14 other Speech Pathologists.

(g) "Speech Pathologist, Grade 5", shall mean a Speech Pathologist appointed to a position approved as such and shall include a person who is in charge of a Speech Pathology Department containing 15 or more other Speech Pathologists.

(h) "Regional Adviser, Level 1", shall mean a Speech Pathologist appointed as such and shall include a person who is appointed as a Regional Adviser to South Eastern or South West or Orana and Far Western Region.

(i) "Regional Adviser, Level 2", shall mean a Speech Pathologist appointed as such and shall include a person who is appointed as a Regional Adviser to the North Coast or New England or Central Western or Illawarra Region.

(j) "Regional Adviser, Level 3", shall mean a Speech Pathologist appointed as such and shall include a person who is appointed as a Regional Adviser to the Western Metropolitan or Northern Metropolitan or Southern Metropolitan or Hunter Region.

(k) "Part-time Regional Adviser", shall mean a person, other than a person appointed as a full-time Regional Adviser, who is appointed to perform Regional Adviser duties for thirty percent (30%) of his/her time.

(l) "Part-time Student Supervisor", shall mean a person other than a person performing Student Unit Supervision duties on a full-time basis; who is required from time to time to supervise students and prepare assessment on such students.

2. SALARIES

For current salaries refer Health Professional and Medical Salaries (State) Award.

3. ON CALL

(i) An "on-call period" is a period during which an officer is required by the hospital where he or she is employed to be on call.

(ii) For the purposes of calculation of payment of on-call allowances and for call back duty, an on-call period shall not exceed 24 hours.

(iii) An officer shall be paid for each on-call period, an allowance which shall be, at the option of the employer, either $6.50 per on-call period or $32.60 per week.




It shall apply to the classifications as defined in clause 1, Definitions, of this award.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Public Hospital Physiotherapists, Occupational therapists and Speech Pathologists (State) Award published

18 January 1989 (251 I.G. 308) and all variations thereof.

The award published 18 January 1989 took effect from the first full pay period to commence on or after 12 June 1986 and rescinded and replaced the Public Hospital Physiotherapists Award published 3 October 1979, Public Hospital Occupational Therapists Award published 14 August 1974 and the Public Hospitals Speech Pathologists Award published 18 September 1974 and all variations thereof.



J. P. GRAYSON D.P.

____________________


(566) SERIAL C0838

PUBLIC HOSPITAL PROFESSIONAL ENGINEERS' (BIOMEDICAL ENGINEERS) (STATE) AWARD



(No. IRC 2450 of 1999)


REVIEWED AWARD


1 DEFINITIONS2 GRADING COMMITTEE3 SALARIES4 ON CALL5 EXEMPTIONS6 ANTI-DISCRIMINATION7 CONDITIONS OF EMPLOYMENT8 LEAVE RESERVED9 LABOUR FLEXIBILITY10 AREA, INCIDENCE AND DURATION

1. DEFINITIONS

(i) "Biomedical Engineer" means a person appointed as such having qualifications acceptable to the Institution of Biomedical Engineers as an Associate, or such other qualifications deemed by the Health Administration Corporation to be appropriate.

(ii) "Director/Deputy Director" means an officer appointed as Head of a Department or as Second-in-Charge of a Department provided that such position is approved by the Health Administration Corporation and such officer having qualifications acceptable to the Institution of Biomedical Engineers to be a member of such institution, or such other qualifications deemed appropriate by the Health Administration Corporation.

(iii) "Hospital" means a public hospital as defined under section 15 of the Health Services Act, 1997.

(iv) "Association" means the Health and Research Employees Association of New South Wales.

(v) "Service" means service before and/or after commencement of this award as a biomedical engineer in any one or more hospitals in New South Wales or any other hospital deemed acceptable by the Health Administration Corporation.


A committee consisting of up to three representatives of the Health Administration Corporation and up to three representatives of the Association shall be constituted to consider and recommend to the Commission upon application by the Association or a hospital:

(i) the grading of any new position or any variation of grading of a position as a result of any substantial change in duties and/or responsibilities; and

(ii) the date of the effect of the grading recommended:

Provided that:

(i) an officer shall, whilst the grading of his/her position is under consideration, be ineligible to be a member of the Committee;

(ii) the committee shall not, without sufficient reason, recommend the retrospective operation of any grading or remuneration; and

(iii) 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.

3. SALARIES

For current salaries refer Health Professional and Medical (State) Award

4. ON CALL

(i) An "on-call period" is a period during which an officer is required by the hospital where he or she is employed to be on call.

(ii) For the purposes of calculation of payment of on-call allowance and for call-back duty, an on-call period shall not exceed 24 hours.

(iii) An officer shall be paid for each on-call period, an allowance which shall be at the option of the employer, either $32.60 per on-call period or $6.52 per week.

5. EXEMPTIONS

This award shall not apply to members, novices or aspirants of religious orders in the hospitals the names of which are or shall hereafter be included in the Third Schedule to the Health Services Act, 1997, of New South Wales.

6. LEAVE RESERVED

(i) Leave is reserved to the Association to apply as it may be advised for a variation of clause 3, Salaries, of this award, upon any variation in the rates of pay of Engineers employed in the New South Wales Public health Sector.

(ii) Leave is reserved to the Association to apply in respect of annual leave for Directors/Deputy Directors.

(iii) Leave is reserved to the Health Administration Corporation to apply in respect of an overtime barrier being inserted into the award.











NOTES -

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


"Nothing in this 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:


The Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award as varied from time to time, shall apply to all persons covered by this award.







This award shall apply to Biomedical Engineers as defined in clause 1 of this award.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Public Hospital Professional Engineers' (Biomedical Engineers) (State) Award published 18 July 1984 (234 I.G. 444) and all variations thereof.

The award published 18 July 1984 took effect from the first full pay period to commence on or after 28 October 1981.



J. P. GRAYSON D.P.

____________________


(563) SERIAL C0845

PUBLIC HOSPITALS (MEDICAL SUPERINTENDENTS) AWARD



(No. IRC 2452 of 1999)


REVIEWED AWARD

CLAUSE NO.SUBJECT MATTER

1. DEFINITIONS2. SALARIES3. GRADING COMMITTEE4. ADJUSTMENT OF SALARIES5. ANNUAL LEAVE6. SICK LEAVE7. MATERNITY AND ADOPTION LEAVE8. PUBLIC HOLIDAYS9. LONG SERVICE LEAVE10. HIGHER GRADE DUTY11. PAYMENT AND PARTICULARS OF SALARIES12. SETTLEMENT OF DISPUTES13. ANTI-DISCRIMINATION 14. MOBILITY, EXCESS FARES AND TRAVELLING15. REDUNDANCY-MANAGING DISPLACED EMPLOYEES16. PERSONAL/CARER’S LEAVE, FAMILY AND COMMUNITY SERVICES

LEAVE 17. LABOUR FLEXIBILITY18. TERMINATION OF EMPLOYMENT19. AREA, INCIDENCE AND DURATION

PART A

1. DEFINITIONS

"Officer" means a person who is a registered medical practitioner and who is employed as a Chief Executive Officer, Deputy Chief Executive Officer, Medical Superintendent, Deputy Medical Superintendent, Assistant

Medical Superintendent or Clinical Superintendent in a position as such by the Health Administration Corporation.

"Association" means the Health and Research Employees’ Association of New South Wales.

"Authority" means the Public Employment Office established under Division 2A of the Public Sector Management Act 1988.

"Corporation" means the Health Administration Corporation

"Service" unless the context otherwise indicates or requires, means service before or and/or after the commencement of this award, in any one or more hospitals.


"Higher Medical Qualification" means such qualification obtained by a medical practitioner subsequent to graduation and includes:

(a) post-graduate University degrees and diplomas recognised by the Medical Board of New South Wales as qualifications; or

(b) membership or fellowship of the Royal College or Royal Australian College of Physicians or Fellowship of the Royal College or Royal Australasian College of Surgeons or membership or fellowship of the Royal College of Obstetricians and Gynaecologists; or Fellowship of the Australian College of Medical Administrators;

(c) such other post-graduate qualification recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation.

"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.


2. SALARIES

Salaries for Medical Superintendents shall be as set out in the Health Professional and Medical Salaries (State) Award.


A Committee consisting of up to three representatives of the Health Administration Corporation and up to three representatives of the Association shall be constituted to consider and recommend to the Industrial Commission of New South Wales upon application by the Association or a hospital:

(i) The grading of any new position or any variation of grading of a position as a result of any substantial change in duties and/or responsibilities; and

(ii) the date of the effect of the grading recommended. Provided that:

(a) an officer shall, whilst the grading of his/her position is under consideration, be ineligible to be a member of the Committee;

(b) the Committee shall not, without sufficient reason, recommend the retrospective operation of any grading or remuneration; and

(c) 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. ADJUSTMENT OF SALARIES

The salaries of officers covered by this award shall be adjusted to the appropriate range prescribed on the basis of years of service in position - for the purpose of this clause an officer shall be deemed to have the years of service indicated by the salary received under the scale in force immediately prior to the operative date of this award.

5. ANNUAL LEAVE

(i) Annual leave shall accrue at the rate of five calendar weeks per annum.

(ii) Annual leave shall not accrue beyond ten calendar weeks without the approval of the Hospital Board.

(iii) Such annual leave shall be taken by officers at mutually convenient times as arranged with the Hospital.

(iv) The hospital shall pay each officer in advance before the commencement of any period of annual leave his ordinary pay for the period of the leave.

(v) Where any special or public holiday for which the officer is entitled to payment under this award or under any Act or under his contract of employment occurs during any period of annual leave taken by an officer, the holiday shall not be reckoned as a deduction from the officer's annual leave entitlement.

(vi) Annual leave for a period of accrual of less than twelve months shall accrue on a proportionate basis at the rate of five calendar weeks per annum.

(vii) Where the employment of an officer who has become entitled to a period of annual leave is terminated or the officer resigns, the due period of annual leave shall be deemed to be taken from the date of termination or resignation and the hospital shall forthwith pay to the officer, in addition to all other amounts due to him, his ordinary pay for the period of annual leave.


6. SICK LEAVE

An officer shall be entitled to ten days per year for each year of continuous service less any sick leave on full pay already taken, subject to the following conditions:

(a) The hospital may require the sickness to be certified to by a legally qualified medical practitioner approved by the hospital or may require other satisfactory evidence thereof.

(b) An officer shall not be entitled to sick leave until after three months' continuous service.

(c) An officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to accident pay or workers' compensation.

Provided, however, that where an officer is not in receipt of accident pay, an employer shall pay to an officer, who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The officer's sick leave entitlements under this clause shall, for each week during which such difference is paid, be reduced by that proportion of hours which the difference paid bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.

(d) For the purpose of this clause "service" means service in any of the positions covered by this award provided that any person who was employed in a public hospital immediately prior to becoming an officer in any position covered by this award shall be entitled to add to his or her service under this award the service that he or she has had under any other award or agreement covering his/her

employment in such public hospital or in public hospitals; provided that officers who are employed by a hospital at the date of commencement of this award shall retain to their credit until exhausted, any accumulation of sick leave to their credit immediately prior to such date; and provided further that such credit is not less than the entitlement otherwise prescribed by this clause.

(e) A hospital shall not terminate the services of an employee, except on the grounds of misconduct, during the currency of any period of paid sick leave unless an agreed independent registered medical practitioner certifies that an employee is fit to continue in employment and the employee refuses to resume duty.

If a dispute arises as to whether an employee is fit to continue in employment, such dispute shall be referred to a Disputes Committee.

7. MATERNITY LEAVE AND ADOPTION LEAVE

A. Maternity Leave

(i) Eligibility











(iii) Entitlement








(iv) Applications





An employee may extend the period of maternity leave at any time with the agreement of the employer. The conditions relating to variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.













(x) Miscarriages


(xi) Stillbirth












- salary and other conditions of employment are to be adjusted on a basis proportionate to the employees full time hours of work i.e., for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.




B. Adoption Leave

(i) Eligibility

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child. An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless:



(ii) Entitlement



Paid adoption leave may be paid:- on a normal fortnightly basis- in advance in a lump sum- at the rate of half pay over a period of six weeks on a regular fortnightly basis.






(iii) Applications












Note

(i) The condition applying to part-time employees remain unchanged and are to be found in Circular No. 80/336 of 5 November 1980.

(ii) Permanent part-time employees, viz; employees engaged on a permanent part-time basis for less than the full-time hours of work, who do not receive the part-time loading but instead receive proportionate full-time conditions of employment are covered by this clause.

As such, these permanent part-time employees (as specified) are entitled to pro-rata paid maternity leave after 40 weeks continuous service.

8. PUBLIC HOLIDAYS

No deduction shall be made from the salary of an officer for any public or statutory holidays on which he is not required to work. For the purpose of this clause, the following shall be deemed public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, and such other public holidays as may be proclaimed throughout the State of New South Wales or for any district therein which an officer is employed.


(i)

(a) Each officer shall be entitled to two months' long service leave on full pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months' long service leave for each ten years' service.

(b) Where the services of an officer with at least five years' service as an adult and less than ten years' service are terminated by the employer for any reason other than the officer's serious and wilful misconduct, or by the officer on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award in the same classification as the officer.

Where some of the service of the officer has not been under this award "service as an adult" means, in the case of a worker employed to do any work for which the price, rate or wage has been fixed by an award made under the Industrial Relations Act 1996, or made under the Industrial Relations Act 1988, or made under the Industrial Arbitration Act, 1940, or has been fixed by an industrial agreement made pursuant to or registered under the said Acts or an agreement or determination made pursuant to the Public Sector Management Act 1988 the period of service during which the remuneration applicable to the officer was at a rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling group or grade as the officer; or, in the case of an officer being an apprentice the terms of whose employment are governed by an award applicable only to apprentices, the period of service with an employer during which the remuneration applicable to the officer was at a rate not less than the rate prescribed by the award covering a journeyman carrying out work in the same trade, classification or calling as the officer.

(ii) For the purpose of subclause (i) of this clause:

(a) "Service" shall mean continuous service in one or more hospitals. For the purpose of this paragraph continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act, 1961.

(b) Broken periods of service in one or more hospitals shall count as service subject to the following:

(1) where an officer after ceasing employment in a hospital is re-employed in a hospital subsequent to 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed.

(2) where an officer after ceasing employment in a hospital is re-employed in a hospital subsequent to 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed unless he/she has completed at least five years' continuous service from the date of his/her being so re-employed.

(3) an officer employed in a hospital as at 1st July 1974, and who was entitled to count broken service under the provisions of this award in force prior thereto shall be entitled to count such broken service prior to 1st July 1974.


(1) any period of leave without pay except in the case of officers who have completed at least ten years' service (any period of absence without pay being excluded there from) in which case service shall include any period of leave without pay not exceeding six months taken after 1st July 1974;

(2) any period of part-time service, except permanent part-time service.

(iii) Long service leave shall be taken at a time mutually arranged between the employer and the officer.(iv)

(a) On the termination of employment of an officer otherwise than by his death, an employer shall pay to the officer the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the officer at the date of such termination; provided that where an officer is transferring from one hospital to another he/she, if he/she so desires, and by agreement with his/her present employer and his/her proposed employer; be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

(b) Where an officer who has acquired a right to long service leave, or after having had five years' service as an adult and less than ten years' service dies, the Officer’s Estate shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such officer had his/her services terminated as referred to in subclause (i) (b) and such monetary value shall be determined according to the salary payable to the officer at the time of his/her death.

(v) Rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at 1st July 1974 may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after 1st July 1974. Where an officer has been granted long service leave or has been paid its monetary value prior to 1st July 1974, the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

10. HIGHER GRADE DUTY

An officer who is called upon to relieve continuously for one week or more in a higher classification and who satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of the higher classification shall be entitled to receive the minimum salary of such higher classification for all such periods of relief.


(i) All salaries and other payments shall be paid fortnightly provided further that for the purpose of adjustments of wages related to variations in the basic wage, the pay period shall be deemed to be weekly.

(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 hospitals in sufficient time to ensure that wages are available for withdrawal by employees by no later than payday, 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 hospitals making their deposits with such financial institutions but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than payday.


(i) Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the Chief Executive Officer of the Area Health Service or establishment or his/her nominee, who will arrange for the matter to be discussed with the employees concerned and a local representative or representatives of the Association.

(ii) Failing settlement of the issue at this level, the matter shall be referred to the Health Administration Corporation and the Head Office of the Association. The dispute will then be dealt with pursuant to subclause (v) of this clause.



(v) With a view to an amicable and speedy settlement, all disputes that firstly cannot be settled in accordance with subclauses (i) and (ii) of this clause may be submitted to a committee consisting of not more than six members, with equal representatives of the Corporation and the Association. Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive Officer of the Area Health Service and the Association respectively with such recommendation as it may think right and, in the event of no mutual decision being arrived at by such committee, the matter in dispute may be referred to the Public Health Employees (State) Industrial Committee.

(vi) This clause shall not interfere with the rights of either party to institute proceedings for the determination of any matter in accordance with the Industrial Relations Act, 1996.











NOTES -

Employers and employees may also be subject to Commonwealth anti-discrimination legislation. Section 56(d) of the Anti-Discrimination Act 1977 provides:





(2)


(ii) If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours, shall be paid at the ordinary rate of pay to the extent of the excess of travelling time.

(iii) Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work, shall be reimbursed.

(iv) Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be as prescribed from time to time by Regulation of the Authority.

(3)


(ii) The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this sub-clause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.


(iv) If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Health Administration Corporation which will discuss the matter with the appropriate union(s) and will determine the date upon which notice will be given to employee(s).

(4)


(ii) If a reliever incurs fares in excess of *$5 per day in travelling to and from the relief site, the excess shall be reimbursed.

(iii) Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of *$5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by the Regulation of the Authority, less *$5.



(6) Travel, to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.

15. REDUNDANCY- MANAGING DISPLACED EMPLOYEES

Employees shall be entitled to the provisions of Health Department Circular No. 2000/78 - Managing Displaced Employees, as amended from time to time.

16. PERSONAL/CARER’S LEAVE, FAMILY & COMMUNITY SERVICES LEAVE








Employment may be terminated only by four weeks' notice given in writing either by the hospital or the officer at any time during the week or by payment or forfeiture of four weeks' salary as the case may be, provided that the officer and the hospital may agree to a lesser period of notice. Nothing in this clause shall

prevent the summary dismissal of an officer for misconduct or neglect of duty.


This award replaces the Public Hospital (Medical Superintendents) Award published 25 May 1977 and reprinted 8 November 1991 (265 I.G. 1417), and all variations thereof, except in respect to the classifications and salaries of Chief Executive Officers and Deputy or Assistant Chief Executive Officers.

It shall apply to all officers as defined in clause 1, Definitions, of this award within the jurisdiction of the Public Health Employees (State) Industrial Committee.

The award published 25 May 1977 took effect from the first pay period to commence on or after 15 May 1976, and the variations thereof incorporated herein.



J. P. GRAYSON D.P.

____________________


(532) SERIAL C0841

PUBLIC HOSPITALS (PROFESSIONAL AND ASSOCIATED STAFF) CONDITIONS OF EMPLOYMENT (STATE) AWARD



(No. IRC 2453 of 1999)


REVIEWED AWARD

ARRANGEMENT

PART A

CLAUSE NO. SUBJECT MATTER1. DEFINITIONS2. HOURS3. ROSTER OF HOURS4. CLIMATIC AND ISOLATION ALLOWANCE5. PART-TIME EMPLOYEES6. BOARD AND LODGING7. RELIEVING OTHER MEMBERS OF STAFF8. OVERTIME9. PENALTY RATES FOR SHIFT WORK AND WEEKEND WORK10. MEALS11. PUBLIC HOLIDAYS12. ANNUAL LEAVE13. LONG SERVICE LEAVE14. SICK LEAVE15. PAYMENT AND PARTICULARS OF SALARY16. TERMINATION OF EMPLOYMENT17. ACCOMMODATION AND AMENITIES18. INSPECTION OF LOCKERS OF OFFICERS19. UNIFORMS AND PROTECTIVE CLOTHING20. PROMOTIONS AND APPOINTMENTS

21. NEW POSITIONS22. NOTICE BOARD23. MOBILITY, EXCESS FARES AND TRAVELLING24. DISPUTES25. PERSONAL/CARER’S LEAVE, FAMILY & COMMUNITY

SERVICES LEAVE26. GENERAL CONDITIONS27. MATERNITY AND ADOPTION LEAVE28. ASSOCIATION REPRESENTATIVE29. BLOOD COUNT30. EXEMPTIONS31. LEAVE RESERVED32. ANTI-DISCRIMINATION33. REDUNDANCY-MANAGING DISPLACED EMPLOYEES34. LABOUR FLEXIBILITY35. AREA, INCIDENCE AND DURATION

PART B

MONETARY RATES

TABLE 1 - RATES AND ALLOWANCES

PART A

1. DEFINITIONS

Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have their respective meanings assigned to them -


"Corporation" means the Health Administration Corporation.

"Day Worker" means a worker who works his/her ordinary hours from Monday to Friday inclusive and who commences on such days at or after 6 a.m. and before 10 a.m. otherwise than as part of a shift system.

"Shift Worker" means a worker who is not a day worker as defined.


2. HOURS

(i) The ordinary hours of work for day workers, exclusive of 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 meal times shall be 152 hours per 28 calendar days.

(iii) Each day worker shall be free from duty for not less than two full days in each week and each shift worker shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable such days off duty shall be consecutive.

(iv)

(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 cycle of 28 days each officer shall not work his or her ordinary hours of work on more than nineteen days in the cycle. The hours worked on each of

those days shall be arranged to include a proportion of one hour (in the case of officers working shifts of eight hours duration the proportion of 0.4 of an hour) which shall accumulate towards the officer's allocated day off duty on pay, as the twentieth working day of the cycle.

(b) Notwithstanding the provisions of paragraph (a) of this subclause, officers who were, as at the 30 June 1984, working shifts of less than eight hours duration may:

(i) continue to work their existing total hours each 28 days but spread over 19 days, or

(ii) with the agreement of the hospital, continue to work shifts of the same duration over 20 days in each cycle of 28 days.

(v) The officer's allocated day off duty prescribed in subclause (iv) of this clause shall be determined by mutual agreement between the officer and the hospital having regard to the needs of the hospital or sections thereof. Where practicable such allocated day off duty shall be consecutive with the days off duty prescribed by subclause (iii) of this clause.

(vi) Once set the allocated day off duty may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing. Where such circumstances exist and the allocated day off 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) Where the Corporation and the Association agree that exceptional circumstances exist in a particular hospital, an officer's allocated days off duty prescribed by subclause (iv) of this clause may, with the agreement of the officer concerned, accumulate and be taken at a time mutually agreed upon between the officer and the hospital. Provided that the maximum number of allocated days off duty, which may accumulate under, this subclause shall be eighteen.

(viii) There shall be no accrual of 0.4 an hour for each day of ordinary annual leave taken in accordance with subclause (i) of Clause 12, Annual leave of this award. However, where an officer has accumulated sufficient time to take his/her allocated day off duty prior to entering on annual leave, and that day would have been taken if the officer had not gone on annual leave, it shall be allowed to the officer on the first working day immediately following the period of leave

Where an officer has not accumulated sufficient time for an allocated day off duty prior to entering on annual leave, time in credit shall count towards taking the next allocated day off duty falling in sequence after the officers return to duty.

(ix) An officer entitled to allocated days off duty in accordance with subclause (iv) of this clause shall continue to accumulate credit towards his/her allocated day off duty whilst on sick leave. Where an officer's allocated day off duty falls during a period of sick leave, the officer's available sick leave shall not be debited for that day.

(x) Where an officer's allocated day off duty falls due during a period of worker's compensation, the officer, on returning to duty, shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

(xi) Where an officer's allocated day off duty falls on a public holiday as prescribed by Clause 11, Public Holidays of this award, the next working day shall be taken in lieu thereof.

(xii) Except for one meal break each day all time worked between the normal starting and ceasing time each day shall be at ordinary rates of pay.

(xiii)

(a) One twenty minute interval (in addition to meal break) shall be allowed each employee on duty for a tea break during each ordinary shift of 8 hours. Such interval shall count as working time. Part-time employees who are engaged for less than a whole shift on any one day shall only be entitled to one tea break of 10 minutes.

(b) Where it is not possible due to the nature of the work performed to have one twenty minute break, the employee may take one ten (10) minute break and be permitted to proceed off duty ten (10) minutes prior to the rostered finishing time of that shift.

(c) Paragraph (b) of this subclause will only be exercised in special and exceptional circumstances and with the expressed approval of the employer in consultation with the employee.

(xiv) There shall be a minimum break of eight (8) hours between ordinary rostered shifts.

3. ROSTER OF HOURS

(i) The ordinary hours of work for each officer shall be displayed on a roster in a place conveniently accessible to officers. Where reasonably practicable such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

Provided that this provision shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the relieving staff.

Provided further that a roster may be altered at any time to enable the services of the hospital to be carried on where another officer is absent from duty on account of illness or in emergency but where any such alteration involves an officer working on a day which would have been his/her day off such time worked shall subject to subclause (vi) of clause 2, Hours, of this award, be paid for at overtime rates.

(ii) Where an officer is entitled to an allocated day off duty in accordance with the said clause 2, that allocated day off duty is to be shown on the roster of hours for that officer.

4. CLIMATIC AND ISOLATION ALLOWANCE

(i) Subject to subclause (ii), of this clause, persons employed in hospitals in places situated upon or to the west of a line drawn as herein specified shall be paid an allowances set in Item 1 of Table 1 of Part B in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

Commencing at Tocumwal and thence to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.

(ii) Persons employed in hospitals in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance set in Item 2 of Table 1 of Part B in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

Commencing at a point on the right bank of the Murray River opposite Swan Hill (Vic.) and thence to the following towns, in the order stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

(iii) The allowances prescribed by this clause are not cumulative.

(iv) Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of the salary for the purposes of this award.

(v) A part-time officer shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to 38 ordinary hours.

5. PART-TIME EMPLOYEES

Part 1 - Permanent Part-time Employees

(i) A permanent part-time employee is one who is permanently appointed by a hospital to work a specified number of hours which are less than those prescribed for a full-time employee.

(ii) Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the rate prescribed by the salaries clause of each relevant calling, with a minimum payment of 3 hours for each start.

(iii) 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 - Savings Provisions

(i) Employees engaged as part-time employees as at the date of this variation shall be entitled to exercise the option of receiving the benefits of employment applicable to those employed under Part 1 of this clause or in lieu thereof the following:

(a) Such part-time employee shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate, plus 15 per cent of the appropriate hourly rate.

(b) For entitlement to payment in respect of Annual Leave, see Annual Holidays Act 1944.

(ii) An employee engaged as a part-time employee at the date of this variation who has taken the option of payment in accordance with Part 1 of this clause cannot revert to the provisions of Part II.

Part III - Exclusions

With respect to officers employed under Part 1, the provisions of subclauses (i), (ii) and (iv) to (xii) of clause 2, Hours, shall not apply.

With respect to officers employed under Part II of this clause, the provisions of subclauses (i), (ii) and (iv) to (xii) of the said clause 2 and clause 8, Overtime shall not apply.

6. BOARD AND LODGING

(i) Where an officer is provided with accommodation in a traditional style Nurses' Home deductions from salary shall be made at the rate prescribed from time to time by the Public Hospital Nurses' (State) Award, provided that no deduction shall be made when the officer is absent from the hospital for a period of at least six consecutive nights on annual, sick or long service leave.

(ii) An employer shall provide for an officer who lives out light refreshment for morning and afternoon tea when the officer is on duty at times appropriate for the partaking thereof.

7. RELIEVING OTHER MEMBERS OF STAFF

(i) An officer who is called upon to relieve continuously for one week or more an officer in a higher classification and who satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of the higher classification shall be entitled to receive, for the period of relief, the minimum pay of such higher classification.

(ii) Provided that Dental Staff covered by this award shall, in lieu of subclause (i) of this clause, be entitled to payment for relieving another employee on the basis of the conditions applicable to such staff prior to the making of this award.

(iii) This clause shall not apply when an officer in a higher grade is absent from duty by reason of his/her allocated day off duty as a consequence of working a 38-hour week.

8. OVERTIME

(i) All time worked by officers outside the ordinary hours in accordance with clause 2, Hours and clause 3, Roster of Hours, of this award shall be paid for at the rates of time and one-half up to 2 hours each day and thereafter at the rate of double time; provided however, that all overtime worked on Sunday

shall be paid for at the rate of double time and all overtime worked on Public Holidays shall be paid for at the rate of double time and one half.

(ii) Officers recalled to work overtime after leaving the employer's premises, whether notified before or after leaving the premises, shall be paid for a minimum of four hours work at the appropriate rate for each time so recalled; provided that, except in unforeseen circumstances arising, an officer shall not be required to work the full minimum number of hours prescribed above if the job he/she was recalled to perform is completed within a shorter period.

(iii) An officer recalled to work overtime as prescribed by subclause (ii), of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from his/her place of work. Provided further that where an employee elects to use his/her own mode of transport, he/she shall be paid an allowance equivalent to the "Transport Allowance" specified from time to time by the Public Employment Industrial Relations Authority.

(iv) When overtime work is necessary it shall, wherever reasonably practical, be so arranged that officers have at least eight consecutive hours off duty between the work on successive days or shifts.

(v) An officer who works so much overtime -

(a) 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

(b) 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 of duty in the twenty-four hours preceding his/her ordinary commencing time on his/her next ordinary day or shift; shall, subject to this subclause, be released after completion of such overtime until he/she has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If, on the instruction of his/her employer, such an officer resumes or continues to work without having such eight consecutive hours off duty he/she shall be paid at double rates until he/she is 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.

(vi) For the purposes of assessing overtime each day shall stand alone, provided however that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

(vii) This clause shall not apply to Social Workers in circumstances where they are entitled to payment in accordance with provisions of clause 3, Call Out Allowance, of the Public Hospital Social Workers' Award.

(viii) All time worked by employees employed pursuant to Part 1 of clause 5, Part-time Employees, in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned shall be paid for at the rate of time and one half for the first two hours and double time thereafter except that on Sundays such overtime shall be paid for at the rate of double time and on Public Holidays at the rate of double time and one half.

Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the ward or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

(ix)

(a) In lieu of the conditions specified in sub-clauses (i) and (ii) employees engaged in Community Health may be compensated for overtime worked by taking time in lieu of the overtime.

(b) The time in lieu is to be taken within three months of the overtime being worked and is to be granted at the ordinary time rate.

If the time in lieu is not taken within the three months period it is to be paid to the employee at the appropriate overtime rate at the time the overtime was worked and at the wage rate applying at the time payment is made.

9. PENALTY RATES FOR SHIFT WORK AND WEEKEND WORK

(i) Shift workers working afternoon or night shifts shall be paid the following percentages in addition to the ordinary rate for such shift provided that part-time employees shall only be entitled to the additional rates where their shifts commence prior to 6 a.m. or finish subsequent to 6 p.m.Afternoon shift commencing at 10 a.m. and before 1 p.m. - 10 per cent.Afternoon shift commencing at 1 p.m. and before 4 p.m. - 12½ per cent.Night shift commencing at 4 p.m. and before 4 a.m. - 15 per cent.Night Shift commencing at 4 a.m. and before 6 a.m. - 10 per cent.

(ii) For the purposes of this clause, day, afternoon and night shifts shall be defined as follows:

"Day Shift" means a shift, which commences at or after 6 a.m. and before 10 a.m.

"Afternoon Shift" means a shift which commences at or after 10 a.m. and before 4 p.m.

"Night Shift" means a shift which commences at or after 4 p.m. and before 6 a.m. on the day following.

(iii) Officers 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 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 (i) of this clause.

The foregoing paragraph shall apply to part-time employees but such worker shall not be entitled to be paid in addition the allowance of 15 per cent prescribed in paragraph (a) of subclause (i) of Part II of the said clause 5, in respect of their employment between midnight on Friday and midnight on Sunday.

10. MEALS

(i) Time not exceeding one hour and not less than thirty minutes shall be allowed for each meal, provided that where an officer is called upon to work for any portion of his/her meal break such time shall count as part of his/her ordinary working hours.

(ii) An officer who works authorised overtime shall be paid in addition to payment for such overtime:

(a) An amount set in Item 3 of Table 1 for breakfast when commencing such overtime work at or before 6.00 a.m.;

(b) An amount set in Item 4 of Table 1 for an evening meal when such overtime is worked for at least one hour immediately following his/her normal ceasing time, exclusive of any meal break, and extends beyond or is worked wholly after 7.00 p.m.;

(c) An amount as set in Item 5 of Table 1 for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or public holidays;

or shall be provided with adequate meals in lieu of such payment. The rates prescribed by this subclause shall be varied as the equivalent rates are varied from time to time by the Regulation made under the Public Sector Management Act, 1988.

(iii) Where practicable officers shall not be required to work more than four hours without a meal break.

11. PUBLIC HOLIDAYS

(i)

(a) Public holidays shall be allowed to officers on full pay. Where an officer is required to and does work on any of the holidays set out in this subclause, whether for a full shift or not, the officer shall be paid one and one-half day's pay in addition to the weekly rate, such payment to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

Provided that, if the officer so elects, he/she may be paid one half day's pay in addition to the weekly rate and have one day added to his/her period of annual leave for each holiday worked in lieu of the provisions of the preceding paragraph.

(b) For the purpose of this clause the following shall be deemed public holidays, viz, New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, local Labour Day, Christmas Day, Boxing Day, and any other day duly proclaimed and observed as a public holiday within the area in which the hospital is situated.

(c) Shift workers rostered off duty on a public holiday shall:

(1) be paid one day's pay in addition to the weekly rate; or if the officers so elect,

(2) have one day added to their period of annual leave.

(d) The election referred to in paragraphs (a) and (c) of this subclause is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

(ii) In addition to those public holidays prescribed in paragraph (b) of subclause (i) 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 Years Day as determined by the employer. The foregoing does not apply in areas where in each year -

(a) A day in addition to ten named public holidays specified in paragraph (b) of subclause (i) is proclaimed and observed as a public holiday or

(b) Two half days in addition to the ten named public holidays specified in paragraph (b) of subclause (i) are proclaimed and observed as half public holidays.

(iii)

(a) A public holiday as defined in paragraph (b) of subclause (i) and subclause (ii) of this clause occurring on an ordinary working day shall be allowed to employees employed pursuant to Part 1 of clause 5, Part-time Employees, without loss of pay, but each such officer who is required to and does work 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 be otherwise 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 4 hours work and any balance of the day of shift not worked shall be paid at ordinary rates.

(b) The provisions of subclauses (i) and (ii) of this clause shall apply to Part-time Employees under Part II, Savings Provisions of the said clause 5, who work 30 hours or more per week over 5 days per week provided that if such an officer is required to and does work on a public holiday as defined in paragraphs (a) and (b) of subclause (i) and subclause (ii) of this clause, he/she shall not be entitled to be paid in addition the allowance of 15 per cent prescribed in paragraph (a) of subclause (i) of Part II, Savings Provisions of the said clause 5, in respect of such work.

(c) Subclauses (i) and (ii) of this clause shall not apply to part-time employees engaged under Part II of clause 5, Part-time Employees, of this award but each such officer who is required to and does work on a public holiday as defined in the said subclauses (i) and (ii) shall be paid at the rate of double time and one half but such officer shall not be entitled to be paid in addition to the allowance of 15 per cent as prescribed in Part II of the said clause 5, in respect of such work.

12. ANNUAL LEAVE

(i) All officers see Annual Holidays Act 1944.

(ii) (a)

(1) This subclause does not apply to part-time employees employed under Part II of clause 5, Part-time Employees.

(2) This subclause will apply to employees employed under Part 1 of clause 5, Part-time Employees, the additional annual leave shall be calculated based on contracted hours worked.

(b) Officers who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:

(1) if 35 ordinary shifts on such days have been worked - one week;

(2) if less than 35 ordinary shifts on such days have been worked - proportionately calculated on the basis of 38 hours leave for each 35 such shifts worked.

The calculations referred to above shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded. Provided that an officer entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his/her additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the officer at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

(c) Provided further that on termination of employment shift workers shall be entitled to payment for any untaken annual leave due under this subclause, together with payment for any leave in respect of an uncompleted year of employment, calculated in accordance with this subclause.

(iii) The employer shall give to each officer three months' notice where practicable and not less than one month's notice of the date upon which the officer shall enter upon annual leave.

(iv) Shift workers, as defined in clause 1, Definitions, of this award, shall be paid whilst on annual leave their ordinary pay plus allowances and weekend penalties relating to ordinary time the shift workers would have worked if they had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of clause 11, Public Holidays, of this award.

(v) Officers shall be entitled to an annual leave loading of 17½ per cent, or shift penalties as set out in subclause (iv) of this clause, whichever is the greater.

(vi) Credit of time towards an allocated day off duty shall not accrue when an officer is absent on ordinary annual leave in accordance with subclause (i) of this clause. Officers entitled to allocated days off duty in accordance with clause 2, Hours, of this award shall accrue credit towards an allocated day off duty in respect of each day those officers are absent on additional annual leave in accordance with paragraph (b) of subclause (ii) of this clause and subclause (i) of clause 11, Public Holidays, of this award.

NOTATION - The conditions under which the annual leave loading shall be paid to officers are the same as generally applied through circulars issued by the Corporation.


(i)

(a) Each officer shall be entitled to two months long service leave on full pay or four months long service leave on half pay after ten years service; thereafter additional long service leave shall accrue on the basis of five months long service leave on full pay or ten months on half pay for each ten years service. Provided that where long service leave is taken on half pay, annual leave accrues at half the normal rate.

(b) Where the services of an officer with at least five years service as an adult and less than ten years service are terminated by the employer for any reason other than the officer's serious and wilful misconduct, or by the officer on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months long service leave for ten years service. For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award for an adult male or adult female, as the case may be, in the same classification as the officer. Where some of the service of the officer has not been under this award "service as an adult" means - in the case of a worker employed to do any work for which the price, rate or wage has been fixed by any award made under the Commonwealth Conciliation and Arbitration Act, 1904, or made under the Industrial Arbitration Act, 1940, or has been fixed by an industrial agreement made pursuant to or registered under the said Acts or an agreement or determination made pursuant to or registered under the said Acts or an agreement or determination made pursuant to the Public Service Act, 1979, the period of service during which the remuneration applicable to the officer was at a rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the officer.

(ii) For the purposes of subclause (i) of this clause:

(a) service shall mean continuous service in one more hospitals. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers' Extended Leave Act, 1961.

(b) broken periods of service in one or more hospitals shall count as service subject to the following:

where an officer, after ceasing employment in a hospital is re-employed in a hospital after he/she has attained the age of sixty years, any service of that office before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to him/her in respect of his/her service after he/she was so re-employed.

(c) service shall not include:

(1) any period of leave without pay except in the case of officers who have completed at least ten years service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after 1 January 1973.

(2) any period of service arising from employment under Part II, of clause 5, Part-time Employees, except as provided for in subclause (vi).


(iv)

(a) On the termination of employment of an officer otherwise than by death, an employer shall pay to the officer the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the officer at the date of such termination; provided that where an officer is transferring from one hospital to another he/she may, if he/she so desires, and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

(b) Where an officer who has acquired a right to long service leave, or after having had five years service as an adult and less than ten years service, dies, the widow or the widower of such officer or if there is no such widow or widower, the children of such officer or if there is no such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such officer a dependant relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee had his/her services terminated as referred to in paragraph (b) of subclause (i) of this clause and such monetary value shall be determined according to the salary payable to the officer at the time of his death. Where there is a guardian of any children entitled under this paragraph to the payment, such payment may be made to the guardian for their maintenance, education and advancement. Where there is no person entitled under this paragraph to receive the monetary value of any leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such officer.

(v) The provisions of subclauses (i) and (ii) of this clause shall not apply to part-time workers employed under Part II, of the said clause 5, Part-time Employees who shall be entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

(vi) A full-time officer shall be entitled to have previous part-time service (as defined in Parts I and II of the said clause 5), which is equivalent of at least two full days duty per week taken into account for long service leave purposes in conjunction with full-time or permanent part-time service on the basis of the proportion that the actual number of hours worked each week bears to 40 hours up until 30 June 1984 and bears to 38 on and from 1 July 1984 provided that the part-time service merges without break with the subsequent full-time or permanent part-time service.

(vii) Except as provided for in subclause (viii) of this clause, right to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the date of commencement of this award may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the date of commencement of this award. Where an officer has been granted long service leave or has been paid its monetary value prior to the date of commencement of this award, the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

(viii) The following provisions shall apply only to officers employed in a hospital at 1 January 1973.

(a) An officer who:

(1) has had service in a hospital, to which clause 4, Climatic and Isolation Allowance, of this award, applies, prior to 1 January 1973;

(2) is employed in a hospital, to which the said clause 4 applies at 1 January 1973, shall be granted long service leave in accordance with the long service leave provisions in force prior to 1 January 1973, in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

(b) An officer employed:

(1) as a part-time worker at 1 January 1973 may be allowed to continue to be granted long service leave in accordance with the long service provisions in force prior to 1 January 1973 in lieu of the provisions of the Long Service Leave Act, 1955, as provided for in subclause (v) of this clause;

(2) on a full-time basis at 1 January 1973 but who had prior part-time service may be allowed to continue to be granted long service leave in accordance with the long service leave provisions in force prior to 1 January 1973 in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

(ix) Where an officer has accrued a right to an allocated day off duty on pay prior to entering a period of long service leave such day shall be taken on the next working day immediately following the period of long service leave.

An officer returning to duty from long service leave shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

14. SICK LEAVE

(i) Full-time officers - A full-time officer shall be entitled to sick leave on full pay by allowing 76 rostered ordinary hours of work for each year of continuous service less any sick leave on full pay already taken subject to the following conditions:

(a) All periods of sickness shall be certified to by the Medical Superintendent of the hospital or by a legally qualified Medical Practitioner approved by the hospital; provided, however, that the employer may dispense with the requirements of a medical certificate where the absence does not exceed two (2) consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements;

(b) the employer shall not change the rostered hours of work of an officer fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the officer is on sick leave;

(c) an officer shall not be entitled to sick leave until after three months' continuous service;

(d) service, for the purpose of this clause, shall mean service in a public hospital and shall be deemed to have commenced on the date of engagement by a public hospital in respect of any period of employment with that hospital current at the date of the commencement of this award in respect of officers then so employed and in respect of others it shall be deemed to commence on the first day of engagement by a public hospital after the commencement of this award;

(e) officers who are employed by a hospital at the date of the commencement of this award shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such date, provided that such credit is not less than the entitlement otherwise prescribed by this clause.

(f) "Continuous Service", for the purpose of this clause, shall be calculated in the same manner as provided under paragraph (a) of subclause (ii) of clause 13, Long Service Leave, of this award,

excepting that all periods of service in any hospital (providing such service is not less than three months' actual service) shall be counted;

(g) officers shall take all reasonably practicable steps to inform the employer of their inability to attend for duty and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given within twenty-four hours of the commencement of such absence.

(ii) A part-time officer as defined in Part I and Part II of clause 5, Part-time Employees shall be entitled to sick leave in the same proportion of 76 hours as the average weekly hours worked over the preceding twelve months or from the time of the commencement of employment, which ever is the lesser, bears to 38 ordinary hours of one week. Such entitlement shall be subject to all the above conditions applying to full-time officers.

(iii) An officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to workers' compensation; provided, however, that an employer shall pay to an officer, who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The officer's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours, which the difference bears, to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.

(iv) For the purpose of determining a full-time officer's sick leave credit as at 1 July 1984, sick leave entitlement shall be proportioned on the basis of 76:80.

(v) Subject to the provision of a satisfactory medical certificate and sick leave being due, annual leave or long service leave (extended leave) shall be credited where an illness of at least one week's duration occurs during the period of annual or long service leave provided that the period of leave does not occur prior to retirement, resignation or termination of services and provided further that the employer is satisfied on the circumstances and the nature of the incapacity.


(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 for the purpose of adjustments of wages related to variations in the basic wage, the pay period shall be deemed to be weekly.

(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 hospitals in sufficient time to ensure that wages are available for withdrawal by employees by no later than payday, 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 hospitals making their deposits with such financial institutions but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than payday.

(iii) Notwithstanding the provisions of subclause (ii), of this clause, an officer who has been given notice of termination of employment, in accordance with clause 16, Termination of Employment, of this award shall be paid all moneys due to him/her prior to ceasing duty on the last day of employment.

Where an officer is dismissed or his/her services are terminated without due notice, in accordance with the said clause 16, any moneys 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.

(iv) On each pay day an officer, in respect of the payment then due shall be furnished with a statement, in writing, containing the following particulars, namely, name, the amount of ordinary salary, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any

other moneys paid and the purpose for which they are paid and the amount of the deductions made from total earnings and the nature thereof.

(v) Where retrospective adjustments of wages are paid to officers, such payments where practical shall be paid as a separate payment to ordinary salary and shall be contained in a separate pay envelope. Such payment shall be accompanied by a statement containing particulars as set out in subclause (iv) of this clause.

(vi) Officers with a credit of time accrued towards an allocated day off duty shall be paid for such accrual upon termination.


During the first three months of employment in any hospital, employment shall be from week to week. After three months continuous service, employment may be terminated only by 28 days notice given either by the hospital or the officer or by payment or forfeiture of 28 days salary, as the case may be. Nothing in this clause, however, shall prevent the summary dismissal of an officer for misconduct or neglect of duty.

17. ACCOMMODATION AND AMENITIES

(i) Suitable dining room accommodation and lavatory convenience shall be provided for all resident and non-resident officers.

(ii) In all hospitals erected after 1 January 1960, dressing room, lockers, hot and cold showers and conveniences also shall be provided for non-resident officers and where practicable, such facilities shall be provided in hospitals erected prior to that day.

(iii) The following extract from the Factories, Shops and Industries Act, 1962, outlines the minimum standards which the Corporation seeks to achieve in all hospitals:

(1) Sanitary Conveniences -

(a) Seats - in the proportion of 1 seat to every 15 officers or fraction of 15 officers of each sex.

(b) Separate and distinct conveniences for each sex, together with screened approaches to ensure privacy. These facilities must be located conveniently to work places, they must be adequately lighted and ventilated and have floors, walls and ceilings finished with a smooth surface resistant to moisture.

(2) Washing and Bathing Facilities -

(a) Washing provision by way of basins of suitable impervious material with taps set at 600 mm centres and with hot and cold water supplied, in the proportion of one hot tap and one cold tap for each 15 officers or part of 15 officers of each sex. Space in front of wash points to be not less than 900 mm.

(b) Showers spaced at not less than 900 mm centres and with hot and cold water connected for persons ceasing work at any one time in a minimum ratio of one shower for every 20 persons or part of 20 persons of each sex ceasing work at any one time.

(c) Washing and bathing facilities must be adequately lighted and ventilated; floors, walls and ceilings finished with a smooth faced surface resistant to moisture.

(d) These facilities must be incorporated in, or communicate directly with, the change room and should not be contained within any closet block.

(3) Change Rooms and Lockers -

(a) Properly constructed and ventilated change room equipped with a vented steel locker, at least 300 mm wide by 450 mm deep by 1800 mm high for each officer.

(b) Floor area not less than 0.56 square metres per officer to be accommodated.

(c) Space between lockers - set up facing one another not less than 1.5. metres. Traffic ways not less than 1 metre wide.

(d) Sufficient seating not less than 260 mm wide by 380 mm high should be provided.

(e) Lockers should be set up with at least 150 mm clearance between the floor of the locker and the floor of the room. Lockers shall be of the lock-up type with keys attached.

(4) Dining Room -

(a) Well constructed, ventilated and adequately lighted dining room(s). Generally floor area should not be less than 1 square metre per officer using the meal room at any one time.

(b) Tables not more than 1.8 metres long, spaced 1.2 metres apart allowing 600 linear millimetres of table space per person.

(c) Chairs or other seating with back rests. Sufficient table and chairs must be provided for all persons who will use the dining room at any one time.

(d) Facilities for boiling water, warming and refrigerating food and for washing and storing of dining utensils shall be provided.

(5) Rest Room -

A well constructed and adequately lighted and ventilated rest room or screened off portion of the change room for women. Such rest room or rest area to be equipped with day bed or couch with mattress, blankets, pillow and hot water bottle.

(iv) The above standards shall be the minimum to be included in working drawings approved after 1 December 1976 for new hospitals.

(v) Where major additions to presently occupied building or new building are erected within a presently constituted hospital, the amenities to be provided in such additions or new buildings shall be the subject of negotiations between the parties.

18. INSPECTION OF LOCKERS OF OFFICERS

Lockers may only be opened for inspection in the presence of the officer but in cases where the officer neglects or refuses to be present or in any circumstances where notice to the officer is impracticable such inspection may be carried out in the absence of the officer by an officer of the hospital appointed by the Chief Executive Officer, and if practicable, an Association Branch Officer, otherwise by any two officers of the hospital so appointed.

19. UNIFORMS AND PROTECTIVE CLOTHING

(i)

(a) Subject to paragraph (c), of this subclause, sufficient suitable and serviceable uniforms shall be supplied, free of cost, to each officer required to wear them, provided that any officer to whom a new uniform or part of a uniform has been supplied by the hospital, who, without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment thereof at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.

(b) An officer on leaving the service of the hospital shall return any uniform or part thereof supplied by the hospital which is still in use by that officer immediately prior to leaving.

(c) In lieu of supplying a uniform to an officer required to wear such uniform, the hospital may pay to such officer the sum set in Item 6 of Table 1.

(d) If the uniform of an officer is not laundered at the expense of the hospital, an allowance as set in Item 7 of Table 1 shall be paid to such officer.

(e) An officer who works less than 38 hours shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to 38 ordinary hours.

(ii) Officers whose duties require them to work out of doors shall be supplied with over-boots. Sufficient raincoats shall also be made available for use by these officers.

(iii) Officers whose duties require them to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

20. PROMOTIONS AND APPOINTMENTS

(i) Promotion and/or appointment shall be by merit, provided however that no officer with a claim to seniority shall be passed over without having their claims considered.

(ii) In the case of an officer or officers disputing a promotion and/or appointment the Association may apply to the Public Health Employees (State) Industrial Committee for determination of the dispute.

21. NEW POSITIONS

An employer may create any new position of a classification not covered by the awards to which these conditions apply at any time and may fix the remuneration thereof but in such circumstances the employer shall advise the Association of such decision within 28 days and give an opportunity to the representatives of the Association to confer with the representatives of the employer as to the rate of wages so fixed for the duties to be performed and the hours the officer is required to work.

22. NOTICE BOARD

The hospital shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Association representatives shall be permitted to post Association notices.

23 MOBILITY, EXCESS FARES AND TRAVELLING



(2)


(ii) If the excess travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, the excess hours, shall be paid at the ordinary rate of pay to the extent of the excess of travelling time.

(iii) Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work, shall be reimbursed.

(iv) Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be as prescribed from time to time by Regulation 54 of the Public Service Regulation.

(3)


(ii) The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this sub-clause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.


(iv) If there is a disagreement about such decision after discussion or if a significant number of employees are involved, the matter should be referred to the Department of Health, Division of Employee and Industrial Relations, which will discuss the matter with the appropriate union(s) and will determine the date upon which notice will be given to employee(s).

(4)

(i) The provisions of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in (ii) hereunder.

(ii) If a reliever, with the prior approval of employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of *$5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by Regulation 54 of the Public Service Regulations less *$5.


(5) No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to the alternative place of work, at the direction of the employer.


24. DISPUTES

(i) Where a dispute arises in a particular section which cannot be resolved between the officers or their representative and the supervising staff, it shall be referred to the Chief Executive Officer of the hospital or establishment or his/her nominee, who will arrange for the matter to be discussed with the officer concerned and a local representative or representatives of the Association.

(ii) Failing settlement of the issue at this level, the matter shall be referred to the Division of Employee and Industrial Relations of the Department of Health and the Head Office of the Association. This dispute will then be dealt with pursuant to subclause (v) of this clause.



(v) With a view to an amicable and speedy settlement all disputes that cannot be settled in accordance with subclauses (i) and (ii) of this Clause may be submitted to a committee consisting of not more than six members, with equal representatives of the Corporation and the Association. Such committee shall have the power to investigate all matters in dispute and to report to the hospital and the Association respectively with such recommendation as it may think right and in the event of no mutual decision being arrived at by such committee, he matter in dispute may be referred to the Public Health Employees (State) Industrial Committee.

(vi) This clause shall not interfere with the rights of either party to institute proceedings for the determination of any matter in accordance with the Industrial Arbitration Act, 1940.

25. PERSONAL/CARER’S LEAVE, FAMILY & COMMUNITY SERVICES LEAVE Employees shall be granted Personal/Carer's Leave, Family and Community Services Leave in accordance with Health Department Circular No 97/11, as amended from time to time.

26. GENERAL CONDITIONS

(i) An officer required to answer emergency telephone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone on production of receipted accounts. Provided that, an officer required to answer out of hours telephone calls on a relief basis shall be paid one-twelfth of the yearly telephone rental for each month or part thereof so employed.

27. MATERNITY LEAVE AND ADOPTION LEAVE

A. Maternity Leave

(i) Eligibility




(b) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without

pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.







(iii) Entitlement

Eligible employees are entitled to paid maternity leave as follows:-







(iv) Applications





An employee may extend the period of maternity leave at any time with the agreement of the employer. The conditions relating to variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.













(x) Miscarriages


(xi) Stillbirth












- salary and other conditions of employment are to be adjusted on a basis proportionate to the employees full time hours of work i.e., for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.




B. Adoption Leave

(i) Eligibility

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child. An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless



(ii) Entitlement


Eligible employees are entitled to paid adoption leave of three weeks at the ordinary rate of pay from and including the date of taking custody of the child.Paid adoption leave may be paid:

- on a normal fortnightly basis

- in advance in a lump sum

- at the rate of half pay over a period of six weeks on a regular fortnightly basis.



Eligible employees are entitled to unpaid adoption leave as follows:-



(iii) Applications












Note:

(i) The condition applying to part-time employees remain unchanged and are to be found in Circular No. 80/336 of 5 November 1980.

(ii) Permanent part-time employees as defined in Clause 5 of this Award, viz; employees engaged on a permanent part-time basis for less than the full-time hours of work, who do not receive the part-time loading but instead receive proportionate full-time conditions of employment are covered by this clause.

As such, these permanent part-time employees (as specified) are entitled to pro-rata paid maternity leave after 40 weeks continuous service.

28. ASSOCIATION REPRESENTATIVE

An officer appointed Association Representative shall upon notification thereof in writing, to the Chief Executive Officer, be recognised as the accredited representative of the Association and shall be allowed the necessary time, during working hours, to interview the employer on matters affecting officers.

29. BLOOD COUNT

Those officers who are regularly required to assist and/or work with a radiologist and/or radiographer in close proximity to diagnostic and/or therapeutic X-ray machines or any other form of radioactive radiators shall have blood counts carried out every three monthly upon making application therefore to the hospital.

30. EXEMPTIONS

This award shall not apply to members, novices or aspirants of religious orders in public hospitals, the names of whom are included or hereafter shall be included in the Third Schedule to the Health Services Act, 1997.

31. LEAVE RESERVED

Leave is reserved to the Corporation to apply in respect of clause 6, Board and Lodging.











NOTES -



"Nothing in this 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.

33. REDUNDANCY - MANAGING DISPLACED EMPLOYEES

Employees shall be entitled to the provisions of health Department Circular No. 2000/78 - Managing Displaced Employees, as amended from time to time.


(i) An employer may direct an employee to carry out such duties as are reasonable and within the limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote deskilling.


(iii) Any direction issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.



This award shall apply to officers of the classifications falling within the constitution of the Public Health Employees (State) Industrial Committee.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award published 13 March 1985 and reprinted 8 November 1991 (265 I.G. 1430) and all variations thereof.

The award published on 13 March 1985 took effect from the beginning of the first pay period to commence on or after 16 December 1983 in respect of clauses 7, Relieving Other Members of Staff, and in all other respects from the beginning of the first pay period to commence on or after 2 December 1983 and the variations thereof.



PART B

MONETARY RATES

TABLE 1 - RATES AND ALLOWANCES

ITEM NO CLAUSE BRIEF DESCRIPTION AMOUNT

1. 4(i) Allowance for persons employed in hospitals upon or west of the line commencing at Tocumwal, etc.(see clause 4(i))

$3.40 per week

2. 4(ii) Allowance for persons employed in hospitals upon or west of the line commencing at Murray River etc. (see clause 4(ii))

$6.80 per week

3. 10(ii)(a) Breakfast allowance * $9.60

4. 10(ii)(b) Evening meal allowance * $18.45

5. 10(ii)(c) Luncheon allowance * $12.45

6. 19(i)(c) Uniform allowance $1.30 per week

7. 19(i)(d) Laundering allowance $2.60 per week

· * These are the current rates as advised in Department Circular 98/110

J. P. GRAYSON D.P.

____________________


(557) SERIAL C0840

PUBLIC HOSPITAL MEDICAL RECORD LIBRARIANS AWARD



(No. IRC 2455 of 1999)


REVIEWED AWARD

CLAUSE NO SUBJECT MATTER1 DEFINITIONS2 SALARY AND GRADING STRUCTURE3 GRADING COMMITTEE4 LABOUR FLEXIBILITY5 ANTI-DISCRIMINATION6 CONDITIONS OF EMPLOYMENT7 AREA, INCIDENCE AND DURATION

1. DEFINITIONS

"Hospital" means a public hospital as defined under section 15 of the Health Services Act 1997.

"Medical Record Librarian" means a person employed in the industry of medical record librarianship in Public Hospitals who has qualifications acceptable to the New South Wales Association of Medical Record Librarians or such other qualifications deemed to be equivalent by the Health Administration Corporation.

"Officer" means a medical record librarian employed by a public hospital.

"Service" for the purpose of salaries means service as a medical record librarian in a public hospital whether in New South Wales or elsewhere in Australia or other service acceptable to the employer.


2. SALARY AND GRADING STRUCTURE

For current salaries refer Health Professional and Medical Salaries (state) Award

Medical Records Administrator/Medical Records Manager

Grade 1 All other hospitals including, Western Suburbs, Balmain, Grafton, St. Margarets, Royal South Sydney, St. Josephs, Hawkesbury, Blue Mountains

Grade 2 Albury, Bathurst, Canterbury, Coffs Harbour, Dubbo, Fairfield, Griffith, Manning, Port Kembla, Shellharbour

Grade 3 Auburn, Campbelltown, Camden, Lismore, WaggaGrade 4 Mt. Druitt, Manly, Bankstown, Ryde, Mona Vale, Nepean, Blacktown, Sydney,

Royal Women, Sutherland.Grade 5 Hornsby, Liverpool, St. George, Wollongong, Gosford, Newcastle, Royal Alexandra

Children's Hospital and Country RegionsGrade 6 St. Vincent's and Royal North Shore HospitalGrade 7 Royal Prince Alfred Hospital, Prince of Wales and Prince Henry HospitalGrade 8 Parramatta Hospital - Westmead


(i) A committee consisting of up to three representatives of the Health Administration Corporation and up to three representatives of the Association shall be constituted to consider and recommend to the Commission (a) the grading of any new position or any variation of grading or classification of a position as a result of any substantial alteration of duties and/or responsibilities or in any case of anomaly; and (b) the date of effect of the grading recommended. Provided that:

(a) an employee shall, while the grading of his position is under consideration by the committee be ineligible to be a member of the committee;

(b) the committee shall not, without sufficient reason, recommend the retrospective operation of any grading; and

(c) where a retrospective date of effect is recommended such a date shall not be earlier than a date six months prior to the date on which the matter was referred to the committee.

(ii) The members of the committee shall be entitled to examine any statement of duties pertaining to any position referred to the committee and any papers which illustrate the type of work performed by the occupant of the position or, if the Health Administration Corporation approves papers which are otherwise relevant to the question of the grading of the position, including statements of duties of other positions.

(iii) Except as otherwise provided, the matters to be referred to the committee shall be:

(a) any application by an employee for review of the grading of the position he occupies if the chief executive officer of the hospital certifies that in his opinion there has been a substantial alteration of duties and/or responsibilities since the last grading of the position and states the nature of such alteration, or that the grading of the position is markedly out of keeping with that of other positions in the hospital;

(b) the grading of any new position;

(c) such cases as the Association may raise where the Association has stated the grounds and indicated the basis on which it desires such cases to be considered by the committee; and

(d) such other cases as the Health Administration Corporation may approve.

(iv) The committee shall meet to consider the grading of a position within twenty-one days of such grading having been referred to the committee.

(v) In the event of the members of the committee being in disagreement as to the grading to be recommended for a position or as to the date of effect, the members representing the Association shall, within twenty-one days of the meeting of the committee at which such disagreement occurred, furnish to the Health Administration Corporation, a written report stating the grading or date of effect which they consider appropriate with their reasons therefore and indicating also whether they wish to interview the Commission in connection with their representations.

(vi) The report of the committee shall be signed by at least one representative of the Health Administration Corporation and of the Association.

(vii) Nothing in this clause shall affect the right of the Health and Research Employees Association of New South Wales to apply to the Public Health Employees (State) Industrial Committee for the settlement of any dispute arising from the grading of any employee under this award.


(i) An employer may direct an employee to carry out such duties as are reasonable and within the limits of the employee’s skill, competence and training, consistent with the employee’s classification, grouping and/or career stream, provided that such duties are not designed to promote deskilling.

(ii) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

(iii) Any direction issued by an employer pursuant to subclauses (i) and (ii) shall be consistent with the employer’s responsibilities to provide a safe and healthy work environment.












NOTES -


(b) Section b56 (d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this 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:.




It shall apply to all officers, as defined in clause 1, Definitions, of this award, within the jurisdiction of the Public Health Employees (State) Industrial Committee.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Public Hospital Medical Record Librarians Award published 19 June 1974 (193 IG 1691) and all variations thereof.

The award published 19 June 1974 took effect from the first full pay period to commence on or after 1 January 1973.



J. P. GRAYSON D.P.

____________________


(1219) SERIAL C0648

CROWN EMPLOYEES (COMMISSIONED OFFICERS, DEPARTMENT OF CORRECTIVE SERVICES) AWARD



(No. IRC 4985 of 1999)

Before the Honourable Justice Marks 8 June 2001

REVIEWED AWARD

1. Arrangement

Clause Subject1. Arrangement2. Title3. Definitions4. Hours of Work5. Shift Work6. Shift Handover7. Overtime8. Rostered Days Off9. Annual Leave10. Annual Leave Loading11. Sick Leave12. Other Leave Entitlements13. Payment of Salary14. Incidental Allowances15. Higher Duties

16. Motor Vehicles17. Permanent part-time18. Technological Change19. Dispute Resolution Procedures19A. Anti-Discrimination20. Savings of Rights21. Review Clause22. General23. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Other Rates and Allowances

2. Title

This Award shall be known as the Crown Employees (Commissioned Officers, Department of Corrective Services) Award.

3. Definitions

In this Award, unless the content or subject matter otherwise indicates, the following definitions apply:

"Act" means the Public Sector Management Act 1988.

"Regulation" means the Public Sector Management (General) Regulation 1996.

"Personnel Handbook" means the Personnel Handbook published by the PEO.

"PEO" means the Public Employment Office

"Department" means the Department of Corrective Services, as specified in Schedule 1 of the Act.

"Commissioner" means the Chief Executive Officer of the Department as listed in Schedule 1 of the Act.

"Association" means the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

"Commissioned Officer" and "Officer" means and includes all persons substantively or temporarily appointed to a position within the Department pursuant to the provisions of the Act, of Assistant Superintendent, Senior Assistant Superintendent, Assistant Superintendent of Industries, Assistant Superintendent (Industries) Employment, Assistant Manager, Manager of Industries, Manager Internal Maintenance, CSI Operations Manager, Deputy Superintendent and Superintendent.

"Governor" means an officer appointed at the rank of Superintendent with the responsibility for managing a correctional centre.

"Deputy Governor" means an officer appointed to the rank of Deputy Superintendent with the responsibility of managing the security of a correctional centre.

4. Hours of Work

i. The ordinary hours of work for full time officers on "day work", as defined in clause 5, Shift Work, shall be an average of 38 per week, to be worked Monday to Friday inclusive, provided that ordinary

hours up to a maximum of twelve (12) hours per day may be worked without the payment of overtime. Meal allowances are not applicable.

ii. The ordinary hours of work for shift workers, as defined in clause 5, of this Award, shall not exceed an average of 38 hours per week in each 28-day roster cycle, provided that shifts of up to twelve (12) hours may be worked without the payment of overtime. Meal allowances are not applicable.

iii. Time taken in partaking of meals shall not count as working time, unless such meal is taken as a crib break.

5. Shift Work

i. For the purpose of this Award:

"Afternoon shift" means any shift finishing after 6.00 p.m. and at or before midnight.

"Night shift" means any shift finishing after midnight and at or before 8.00 a.m.

"Early Morning Shift" means any shift commencing before 6.00 a.m.

"Day Work" or "normal hours" means any shift commencing on or after 6.00 a.m. and/or finishing at or before 6.00 p.m.

ii. Commissioned officers who work shiftwork shall be paid the following allowances other than at weekends or on public holidays:

Early morning shifts 10%Afternoon shifts 15%Night Shifts 17.5%

6. Shift Handover

i. The salaries paid to commissioned officers and the agreement to introduce the 38 hour week recognises that additional time may be involved for an officer at the time of shift handover in briefing incoming officers. There shall be no overtime hours for this work.

7. Overtime

i. The provisions of the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement relating to overtime shall apply, provided that:

a) Superintendents and Deputy Superintendents who are recalled to duty on account of an emergency shall be entitled to the payment of overtime for all time worked in excess of two hours on each occasion.

b) In establishments where extended ordinary hours and/or extended shift hours apply, officers working an overtime shift of eight (8) hours or more shall be eligible for one (1) meal allowance only.

8. Rostered Days Off

i. The hours of work prescribed in subclauses i. and ii. of clause 4, Hours of Work above shall be worked on the basis of a rostered day off per month in each 20 working days of a 28 day roster cycle. Commissioned officers shall accrue 0.4 of an hour each 8 hour day towards having the 20th day off with pay, subject to subclauses iii. and iv. below.

ii. An officer’s rostered day off shall be determined by the Department having regard to the needs of the establishment or sections thereof. Where practicable, rostered days off shall be consecutive with other days off.

iii. Once set, the rostered day off may not be changed in a current 28 day roster cycle without agreement between the commissioned officer and his or her supervisor. Where the rostered day off is changed by agreement, another day shall be substituted in the current cycle. Should this not be practicable the rostered day must be given and taken in the next roster cycle.

iv. The maximum number of rostered days off prescribed in subclause i. shall be 12 days per annum. There shall be no accrual of rostered days off during the first four (4) weeks of annual leave.

v. All other paid leave shall contribute towards the accrual of rostered days off except where paid workers compensation and extended leave is current throughout the roster period. Where an officer’s rostered day off falls during a period of sick leave, the officer’s available sick leave shall not be debited for that day.

vi. As an alternative to the provisions contained in the above subclauses, commissioned officers may elect to receive:

a) payment in lieu of rostered days off for the following twelve (12) months

or

b) payment in lieu of annual leave accrued above four (4) weeks per annum up to a maximum of 10 days on an annual basis. Officers making this election will continue to receive rostered days off.

vii. Annual payment in lieu of rostered days off or annual leave accrued above four (4) weeks per annum will be made on the first pay day commencing on or after the 1st December each year. Pro-rata payments for part of a year can only be made for the first year an officer is appointed to a commissioned rank, or on retirement, resignation or when employment with the Department is terminated.

viii. Commissioned officers may only change their election at the commencement of each annual period, commencing 1st December each year.

ix. Payment will be made at the rate applying as at 1st December each year, or as at the date an officer ceases duty with the Department.

9. Annual Leave

i. Commissioned Officers engaged as day workers, Monday to Friday, shall be entitled to annual leave in accordance with the provisions of the Regulation and the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement, that is four (4) weeks of paid leave for each completed year of service for full time officers.

ii. Commissioned Officers engaged as shift workers under this Award and who are regularly required to perform rostered duty on Sundays and Public Holidays shall receive the following compensation and be subject to the following conditions:

a) For ordinary rostered time worked on a Saturday - additional payment at the rate of half time extra.

b) For ordinary rostered time worked on a Sunday - additional payment at the rate of three quarter time extra.

c) When rostered off on a public holiday - no additional compensation or payment.

d) When rostered on a public holiday and work performed - additional payment at the rate of half time extra.

e) Annual leave at the rate of six (6) weeks per annum inclusive of any public holiday/s.

f) Additional payment on the following basis:

Number of ordinary shifts worked on Sundaysand/or Public Holidays during a qualifying Additional Paymentperiod of twelve (12) months from 1st Decemberone year to 30th November the next year.

4 to 10 1/5th of one week’s ordinary salary

11 to 17 2/5ths of one week’s ordinary salary



32 or more One week’s ordinary salary

iii. The additional payment shall be made after the 1st December in each year for the preceding twelve (12) months, provided that:

a) Where the employment of an officer is terminated or the officer retires, the officer shall be entitled to be paid the additional payment that may have accrued under this paragraph from the preceding 1st December until the date of termination or retirement.

b) Payment shall be made at the rate applying as at 1st December each year, or at the date of termination or retirement.

10. Annual Leave Loading

i. The Annual Leave loading payable to all officers engaged as shift workers shall be 20% in lieu of all other entitlements under this heading. A "shift worker" for the purpose of this clause means a commissioned officer who regularly receives shift allowances, including weekend shift allowances, as part of his or her ordinary remuneration.

ii. Annual Leave loading payable to commissioned officers who are day workers shall be paid in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement.

11. Sick Leave

i. Sick Leave shall be granted and administered in accordance with Part 6 of the Regulation and the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement.

12. Other Leave Entitlements

i. All other leave except for extended leave shall be granted and administered in accordance with Part 6 of the Regulation and the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement.

ii. Extended leave entitlements shall be granted and administered in accordance with Section 100 and Schedule 5 of the Act and the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement.

13. Payment of Salary

i. Commissioned officers shall be paid according to an average of 38 ordinary hours per week, although more or less than 38 ordinary hours may be worked in any particular week.

ii. Commissioned officers shall have their salaries paid into an account with a bank or other financial institution in New South Wales, as nominated by the officer. Salaries shall be deposited in sufficient time to ensure that monies are available for withdrawal by officers no later than the appropriate payday, provided that this requirement shall not apply where officers nominate non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of their deposits being made. In such cases, reasonable steps shall be taken to ensure that these salaries are available for withdrawal by the relevant payday.

14. Incidental Allowances

14.1 Assistant Superintendents, Assistant Superintendent (Industries), Assistant Superintendent (Industries) Employment, Assistant Manager, Manager of Industries/Internal Maintenance, CSI Operations Manager and Senior Assistant Superintendents

i. Upon substantive or temporary appointment to a position of Assistant Superintendent, Assistant Superintendent (Industries), Assistant Superintendent (Industries) Employment, Assistant Manager, Manager of Industries/Internal Maintenance, CSI Operations Manager or Senior Assistant Superintendent, an officer shall be entitled to the payment of an Incidental Allowance as set out in Item 1 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates. This allowance recognises the additional responsibilities of managing an area, training junior staff, roster preparation, inventory/stores control, case management supervision and a commitment to Area and Case Management processes.

ii. This allowance shall be paid for all purposes. In the case of an officer acting in such a position, this allowance shall only be paid if the officer is continuously acting in that position for more than one month i.e. 28 day roster cycle.

14.2 Superintendents and Deputy Superintendents

i. Upon substantive or temporary appointment to a position of Superintendent or Deputy Superintendent, an officer shall be entitled to the payment of an Incidental Allowance in accordance with the rate contained in Schedule 1 to this Award, provided that:

a) this allowance will cover the cost of heating, electricity and gas incurred by these officers in their residences and the supply of cleaning products and rations formerly given by the Department to these officers;

b) Superintendents and Deputy Superintendents occupying a residence supplied by the Department shall pay full market rental, as described in subclause iii. below, in accordance with Premier’s Memorandum No. 94-10 Employee Housing Policy, issued on 10 May 1994 and any subsequent amendments or replacement policy;

c) the Department is not obliged to supply housing to Superintendents and Deputy Superintendents and will only lease properties to these officers where Departmentally owned accommodation is available;

d) all officers occupying positions attracting this allowance shall be on-call and shall be able to respond to emergencies or unanticipated circumstances in a prompt and reliable manner. Officers occupying positions of Governor shall inspect their correctional centres after "normal hours", as defined in clause 6, Shift Handover, on a twice weekly basis.

ii. This allowance shall be paid for all purposes. In the case of an officer acting in such a position, this allowance shall only be paid if the officer is continuously acting in that position for more than one month, i.e. 28 day roster cycle.

iii. For the purposes of this Award, full market rental amounts to the amount per week as set out in Item 2 of the said Table 1 and has been calculated as a mean average of all rents applying to housing occupied by Superintendents and Deputy Superintendents as at the first pay period on or after 11 September 1996.

iv. All other aspects associated with the administration of Departmentally provided housing shall be in accordance with the Departmental Housing Policy.

15. Higher Duties

i. Subject to this clause, an officer who is required to perform duties in a higher position from time to time (provided such officer performs the whole of such duties and assumes the whole of the responsibilities of the higher position), shall be paid an allowance at the difference between the officer’s present salary and the salary, and allowance where applicable, prescribed for the higher position.

ii. The higher duties allowance prescribed in subclause i. above shall not be paid unless the officer has performed the duties of the higher position for three (3) complete and consecutive working days or more.

16. Motor Vehicles

i. Superintendents substantively employed in a position under this Award and who are required to regularly use Departmental motor vehicles in the performance of their work duties may sublease vehicles from the Department for private use.

ii. This vehicle sublease arrangement is not compulsory. The official vehicle will remain the property of the lessor.

iii. The Department will pay the cost of:

a) fuel;b) maintenance and repairs;c) NRMA membership; andd) registration, third party and comprehensive insurance.

iv. For the payment of a lease fee Superintendents will be entitled to the private use of a vehicle. Private use includes days off from duty, the journey to and from work and recreation leave, but does not extend to officers on long term absence of more than four (4) weeks. The cost to the Superintendent will be made from net salary as set out in Item 3 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates.

v. If, during off-duty hours, the motor vehicle is involved in an accident for which an excess amount is payable to the Insurer, an excess payment as set out in Item 4 of Table 1 will be paid by the lessee.

vi. Motor vehicles under a sub lease arrangement must be made available for use by other officers during normal working hours to undertake Departmental duties. Sublease arrangements will only be made available to the extent of the current vehicle fleet profile.

vii. It is a condition of private use that Superintendents observe Departmental Policy and Procedures relating to motor vehicle use.

viii. The lease fee contained in subclause iv. above will be reviewed at the expiration of this Award.

17. Permanent part-time

i. The Department is committed to providing part-time work opportunities where practicable. Such arrangements should provide flexibility for effective use of resources and be of benefit to staff.

ii. Part-time arrangements must be acceptable to both the Department and the officer and shall be in accordance with the provisions of the Industrial Relations Act 1996 and the Flexible Work Practices Policy and Guidelines issued by the PEO in October 1995.

18. Technological Change

i. The introduction of technological changes shall be undertaken in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment) Award 1997 or its replacement.

19. Dispute Resolution Procedures

i. The aim of this procedure is to ensure that work problems or disputes are prevented or resolved as quickly as possible in the workplace.

ii. Work problems and disputes shall be dealt with in accordance with the following procedures:

Step 1: The matter is discussed between the officer(s) and the relevant supervisor. If the matter remains unresolved, follow Step 2.

Step 2: The matter is discussed between the officer(s), the union delegate or officer’s nominated representative and their supervisor. If the matter remains unresolved, follow Step 3.

Step 3: The matter is discussed between the officer(s), the union delegate or officer's nominated representative, the supervisor and the Governor or Regional Commander. If the matter remains unresolved, follow Step 4.

Step 4: The matter is discussed between senior representatives of the Department and the relevant union officials and/or the officer’s nominated representative.

The parties agree to exhaust the conciliation process before considering Step 5. It is agreed that the parties will not deliberately frustrate or delay these procedures.

Step 5: The matter may be referred by either party to the Industrial Relations Commission to exercise its functions under the NSW Industrial Relations Act 1996, provided the matter is not a claim for general increases in salary or conditions of employment contained in this Award.

Each of the Steps will be followed within a reasonable time frame having regard to the nature of the dispute.

iii. The parties agree that normal work will continue, without disruption, while these procedures are being followed.

19A. 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:

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.

v. This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

20. Savings of Rights

i. At the time of the making of this Award, no officer covered by this Award will suffer a reduction in his or her rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this Award.

ii. Should there be a variation to the Crown Employees (Public Sector Salaries 2000) Award made 6 June 1997, or an award replacing it, during the term of this award, by way of salary increase, or other benefit to the public service, this award shall be varied to give effect to any such salary increase, or replacement award.

21. Review Clause

i. The classification structures and conditions under this Award will be:

a) referred for consideration in developing new service-wide classification structures and conditions instruments under the Framework Documents to the Crown Employees (Public Sector - Salaries 2000) Award. In considering the organisation classification structure(s) regard will be had to any identified special needs; and

b) reviewed in light of the service-wide classification structure(s) and conditions referred to in a) of this subclause. The outcomes of the review will be implemented by variation to this Award. If necessary, the assistance of the Industrial Relations Commission of New South Wales will be sought.

22. General

Nothing in this Award shall be construed as restricting the Commissioner to alter the duties of any position or to abolish any position covered by this Award.


i. This Award shall apply to commissioned officers of the Department of Corrective Services substantively or temporarily appointed to a position of Assistant Superintendent, Senior Assistant Superintendent, Assistant Superintendent of Industries, Assistant Superintendent (Industries) Employment, Assistant Manager, Manager of Industries, Manager Internal Maintenance, CSI Operations Manager, Deputy Superintendent and Superintendent and replaces the provisions of the Crown Employees (Commissioned Officers, Department of Corrective Services) Award 2 May 1997 (298 1.G.1).

ii. The Award published 2 May 1997 took effect from the first pay period commencing on or after 11 September 1996.

iii. The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 June 2001.

iv. This award remains in force until varied or rescinded, the period for which it was made already having expired.

PART B

Monetary Rates


Item Clause No. Brief Description $ per annumNo. effective first

pay period onor after 1January 2001

1 14.1(i) Incidental Allowance Assistant Superintendent $1,827Assistant Superintendent (Industries) $1,827Assistant Superintendent (Industries) Employment Manager of Industries/Internal Maintenance, Levels 1 & 2

$1,827

Assistant Manager $1,827CSI Operations Manager $1,827Senior Assistant Superintendent $1,827

14.2(i) Deputy Superintendent Grades 1, 2 and 3 $20,715Superintendent Grades 1, 2 and 3 $20,715

2 14.2(iii) Full market rental $178 per week3 16(iv) Superintendent’s use of a private vehicle -

Small car (less than 2.0 L): $50.00 per WeekMedium Car (more than 2.0L, 4 cyl.): $60.00 per WeekLarge Car (6 or more cyl.): $65.00 per week

4 16(v) Excess payment - accident which occurs during off-duty hours

$300

F. MARKS J.

____________________


(1582) SERIAL C0889

CSR LTD TRADING AS THE READYMIX GROUP NEWCASTLE CONCRETE (STATE) AWARD 2000


Application by Employers First, industrial organisation of employers for a new award.

(No. IRC 334 of 2001)

Before Commissioner Connor 9 March 2001

AWARD

1. TITLE OF AWARD

This Award shall be known as the CSR LTD T/A THE READYMIX GROUP NEWCASTLE CONCRETE (STATE) AWARD 2000.

2. ARRANGEMENT

1. TITLE OF AWARD2. ARRANGEMENT3. THE ENTERPRISE (S)4. PARTIES TO THE AWARD5. RELATIONSHIP TO PARENT AWARDS6. TERM OF AWARD

7. NO EXTRA CLAIMS8. REVIEW OF AWARD9. DRUGS AND ALCOHOL10. THE FIRST AND SECOND AWARDS11. AWARENESS TRAINING12. DISPUTES PROCEDURE13. TRUCK ALLOCATION14. COD'S15. BATCHER TRAINING16. ADMINISTRATION17. SICK LEAVE18. INCOME PROTECTION INSURANCE - PAY

DEDUCTION19. REMUNERATON ADJUSTMENT STAGES

Annexure AAnnexure BAnnexure C

3. THE ENTERPRISE (S)

This Award shall apply at sites operated by CSR Ltd T/A The Readymix Group Newcastle and Central Coast which are set out in Annexure A in respect of employees covered by the following awards:

a) Cement Mixers and Concrete Workers, Central Batch Plants (State) Award.

4. PARTIES TO THE AWARD

This Award shall be binding on:

a) CSR LIMITED trading as THE READYMIX GROUP Country NSW/ Victoria (Newcastle and Central Coast) at sites set out in Annexure "A" to this Award (hereafter "the company").

b) The Australian Workers Union (AWU) Newcastle and Central Coast Northern Region Branch.

5. RELATIONSHIP TO PARENT AWARDS

1. This Award shall be read and construed in conjunction with the following awards:

a) Cement Mixers and Concrete Workers, Central Batch Plants (State) Award.

2. Where there is inconsistency between the awards in 1 above and this award, this award shall prevail to the extent of the inconsistency.

6. TERM OF AWARD

This Award shall come into operation on and from the first full pay period to commence on or after 22 February 2001 and shall remain in force for a term of 2 years.

7. NO EXTRA CLAIMS

Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases that are not subject to absorption, there shall be no further claims for remuneration increases during the term of this award.

8. REVIEW OF AWARD

The parties agree to review this award no later than twelve weeks prior to the end of its term. In the context

of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award, based on continuous improvement and other agreed measures.

9. DRUGS AND ALCOHOL

All employees will comply with the company’s policy on drugs and alcohol.

See Drug and Alcohol Policy attached as Annexure B.

10. THE FIRST AND SECOND AWARDS

The parties to this award agree that the output and improvements in productivity and efficiency made from the awards known as "CSR T/A The Readymix Group - Newcastle Concrete Enterprise Bargaining Framework (State) Award 1996" (the first award) and "CSR Ltd T/A The Readymix Group Newcastle Concrete (State) Award 1998" (the second award), shall be the starting point for further improvements outlined in this award.

Provisions of the first and second awards shall continue to operate as if they were provisions of this award unless specifically deleted or varied by this award.

11. AWARENESS TRAINING

All employees covered by this award shall be provided with general awareness training on enterprise bargaining.

The content and providers of this training shall be mutually acceptable to the parties to this award.

Wherever practicable awareness training will be conducted in ordinary time hours.

The company shall pay for the awareness training and employees shall be paid in accordance with the relevant parent award while attending such training.

The duration and timing of the training sessions should be structured so as to minimise their effect on the continuous operation of the company’s activities and customer service.

12. DISPUTES PROCEDURE

1. Procedures relating to grievances of individual employees:

a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

c) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.

d) At the conclusion of the discussion, the employer must provide a response to the employee’s grievance; if the matter has not been resolved it shall be referred to the Industrial Relations Commission for resolution.

e) While a procedure is being followed, normal work must continue.

f) The employee may be represented by an industrial organisation of employees.

2. Procedures relating to disputes etc, between employers and their employees:

a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

b) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.

c) While a procedure is being followed, normal work must continue.

d) The employee may be represented by an industrial organisation of employees for the purpose of each procedure.

13. TRUCK ALLOCATION

The central truck allocation procedures developed, as part of the first and second awards for the efficient allocation of trucks shall remain. This procedure shall continue to provide excellent customer service whilst maximising utilisation of vehicles.

14. COD’s

Batchers shall ensure that they comply with the company policy regarding cash on delivery sales.

15. BATCHER TRAINING

Employees undertake to co-operate and complete all training relevant to the performance of their jobs, including revised batcher training.

16 ADMINISTRATION

Batchers shall co-operate with company initiatives to ensure continuous improvement is maintained in all areas, particularly in minimising the incidence of pricing errors. A quarterly audit will provide feedback on areas of administration.

17 SICK LEAVE

A Doctors certificate is to be produced if a sick day is taken on either side of a long weekend, RDO’s or annual leave.

In the event that CSR identifies individuals with an absenteeism problem, CSR may require the individuals concerned to produce a doctors certificate as part of the counselling and disciplinary procedure. In any event no employee is to take more than two single days absences without satisfactory proof of illness.

18 INCOME PROTECTION INSURANCE - PAY DEDUCTION

The company will provide a deduction facility for employees who wish to take out personal "Employee Income Protection Insurance" through the Australian Workers Union (Newcastle, Central Coast and Northern Regions Branch). Premiums deducted on behalf of each employee will be forwarded to the appropriate institution as advised by the AWU. Authorisation for the deduction will be required from each individual employee and the company will not be involved in the arrangement beyond the provision of the deduction facility as detailed above.

19 REMUNERATION ADJUSTMENT STAGES

1. Remuneration is as detailed in Annexure C of this award.

2. This award shall be divided into two separate stages for remuneration increases:

Stage 1: Upon signature of this award a 4% increase shall be paid to employees the subject of this award.

Stage 2: 12 months after the payment of Stage 1 above, a further 3% shall be paid to the employees the subject of this award.

3. Salary Sacrifice of Superannuation Contributions

a) Remuneration may be made up entirely of wages or, at the option of an employee (other than a casual employee) and subject to the employer’s agreement, wages and a superannuation contribution to the CSR Australian Superannuation Fund (CSR Super). Wages and Superannuation are the two components, which will make up remuneration. The sum allocated to each component will be negotiated initially between the employer and the employee and thereafter renegotiated in accordance with this clause.

b) Should the employer make a superannuation contribution in accordance with this clause, it shall not, to the extent of that contribution, be liable to pay wages to the employee under this award.

c) The opportunity for an employee to initially negotiate the components of remuneration as per a) above shall be in accordance with procedures determined by the employer and can only be changed in accordance with CSR procedures during the period specified. Thereafter, the opportunity to renegotiate with the employer the components of remuneration as per a) above shall be available once a year at a time and in accordance with procedures determined by the employer, and can only be changed in accordance with CSR procedures during the period specified. In the event that changes in legislation, the Income Tax Assessment Act, tax office rulings or determinations remove or alter the company’s capacity to maintain the salary sacrificing arrangements pursuant to this agreement, the company will be entitled to withdraw from these arrangements by giving notice to each affected employee.

CSR LTD T/A THE READYMIX GROUP NEWCASTLE CONCRETE (STATE) AWARD 2000

For CSR LIMITED trading as THE READYMIX GROUP Country NSW/Victoria ______________________________

For The Australian Workers Union Newcastleand Central Coast Northern Region Branch _______________________________

ANNEXURE "A"

This award shall apply at the following sites:

Wyong Concrete PlantLot 18 Pavitt CrescentNORTH WYONG

Teralba Concrete PlantPitt StreetTERALBA

Sandgate LaboratoryMangrove RoadSANDGATE

Tighes Hill Concrete PlantIndustrial DriveTIGHES HILL

Salamander Bay Concrete PlantMuller RoadSALAMANDER BAY

Raymond Terrace Concrete PlantPacific HighwayHEATHERBRAE

ANNEXURE "B"

DRUG AND ALCOHOL POLICY

Working while under the influence of Alcohol or other drugs is an unacceptable safety risk, to you and to the people you work with. You must tell your supervisor if you are taking any medicine that might affect your ability to drive or operate machinery.

If you have an accident at work while you are under the influence of alcohol or drugs, you may not be able to claim for compensation. Any employee who arrives at work under the influence of alcohol or other drugs, or is found using such drugs, or offering them to other employees whilst on the job, will be liable for instant dismissal. If illegal drugs were to be involved then the company has an obligation to place the matter before the appropriate legal authorities.

An employee who believes they have a problem with excessive use of alcohol or other drugs should feel free to raise this in confidence with their supervisor or manager. The company will assist in finding appropriate counselling and other support, through our Employee Assistance Program, to try and help the employee to overcome the problem.

Brian HalcrowGENERAL MANAGER COUNTRY NSW/VICTORIA

ANNEXURE "C"

REMUNERATION RATES and ALLOWANCES

Central Mixers and Concrete Workers Central Batch Plants (State) Award Classifications

GRADE

(4% Increase) Stage 1NEW RATE (per week)$

(3% Increase) Stage 2NEW RATE (per week)$

Grade 1 546.35 562.74Grade 2 572.77 589.95Grade 3 611.46 629.80Grade 3a 621.51 640.16Grade 3b 622.38 641.05Grade 4 630.93 649.85Grade 5 630.93 649.85Grade 5a 641.72 660.97Grade 5b 652.01 671.57Grade 6 641.72 660.97Grade 6a 652.01 671.57Grade 6b 666.79 686.79

ALLOWANCES

(4% Increase)Stage 1NEW RATE(per week)$

(3% Increase)Stage 2NEW RATE(per week)$

Industry Allowance 21.34 21.98Leading Hand Allowance 2-5 people 18.24 18.79Leading Hand Allowance 5-10 people 21.09 21.72

Leading Hand Allowance greater than 10 people 28.79 29.65

P. J. CONNOR, Commissioner.

____________________


(0853) SERIAL C0574

EASTERN DISTRIBUTOR CONSENT (STATE) AWARD


Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1013 of 2001)

Before the Honourable Justice Kavanagh 1 May 2001

REVIEWED AWARD

CONTENTS

Clause No Subject Matter

1. Title2. Date Of Operation3. Introduction4. Commitment5. Contract Of Employment6. Duties7. Hours Of Work And Entitlements8. Overtime9. Rest Pauses10. Paid Meal Break11. Wage Increases12. Electronic Funds Transfer13. Restrictive Work Practices

14. Technological Change15. Superannuation16. Annual Leave17. Sick Leave18. Long Service Leave19. Jury Service20. Personal/Carer’s Leave21. Parental Leave22. Bereavement Leave23. Occupational Health And Safety24. Clothing25. Medical Examinations26. Training27. Alcohol And Other Drugs28. Probationary Period29. Unions Procedure30. Dispute Settlement Procedures31. Anti-Discrimination32. No Duress33. No Extra Claims

"Appendix A" - Ordinary Rates Of Pay

1. TITLE

The short title of this Consent Award shall be the 'Eastern Distributor Consent Award'.

2. DATE OF OPERATION

(a) This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Eastern Distributor Consent Award published 8 September 2000 (318 I.G. 465).

(b) The award published 8 September 2000 took effect from 20 December 1999 and shall expire on 20 December 2001.

(c) The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 1 May 2001.

3. INTRODUCTION

3.1 Definitions

'Afternoon Shift' means a Shift, which starts between 1.00pm and 9.00pm.

'Award' means Leighton Contractors Eastern Distributor Consent Award.

'Casual Employee' means an Employee who is employed and paid by the hour with a minimum guarantee of 3 hours work each Shift and whose employment terminates at the end of each Shift.

'Client' means the company to which the Employer contracts to operate and maintain the Eastern Distributor.

'Continuous Shift Work' means work undertaken on the basis of a continuous rotating Shift Roster.

'Continuous Shift Work Employee' means a Full Time or Part Time Employee engaged to work or working Continuous Shift Work.

'Control Centre' means the Eastern Distributor operation, maintenance and administration building located at 43 Bourke Street, Woolloomooloo.

'Day Shift' means a Shift that starts between 5.00am and 1.00pm.

'Day Work' means work undertaken between the hours of 6.00am and 6.00pm Monday to Friday that is not part of a Shift Roster.

'Day Work Employee' means an Employee who works Day Work.

'Eastern Distributor' means the motorway from the Cahill Expressway near the Domain Tunnel, to Southern Cross Drive near Link Road, Rosebery and the areas adjacent nominated as 'Maintenance Areas' in the contract between the Client and the Employer.

'Electronics Technician' means an Employee whose duties are defined in Clause 6.3.

'Employee' means a person engaged by the Employer under the terms of this Award for the job classifications covered by this Award and includes Full Time, Part Time and Casual Employees.

'Employer' means Leighton Contractors Pty Limited NSW - ACT Branch.

'Full Time Employee' means an Employee employed to work thirty-eight hours per week.'Holiday' means the Union's Picnic Day, being the first Monday in December of each year or any other date agreed between the Unions and the Employer (provided that a picnic is held) and the following Public Holidays and any other Public Holiday proclaimed under the relevant legislation from time to time.

New Year's Day Anzac DayAustralia Day Queen's BirthdayGood Friday Labour DayEaster Saturday Christmas DayEaster Monday Boxing Day

'Motorway Manager' means the person appointed by the Employer to manage the operation and maintenance of the Eastern Distributor.

'Motorway Patroller' means an Employee whose duties are defined in Clause 6.2.

'Night Shift' means a Shift, which starts between 9.00pm and 5.00am.

'Ordinary Hours' means hours which form part of the Ordinary Weekly Hours and which are paid at the Ordinary Time Rate of Pay.

'Ordinary Weekly Hours' means for:

(a) Day Work Employees who are:

(i) Full Time - 38 hours per week to be worked 7.6 hours per day (not including any Paid Meal Break) Monday to Friday inclusive between 6.00am and 6.00pm; or

(ii) Part Time - An amount of regular hours between 15 and 37 hours per week to be worked for between 3 and 7.6 hours per day (not including any Paid Meal Break) Monday to Friday inclusive between 6.00am and 6.00pm; and

(b) Shift Work or Continuous Shift Work Employees who are:

(i) Full Time - 38 hours per week when averaged over the Shift Roster Cycle to be worked 7.6 hours per Shift (not including any Paid Meal Break); or

(ii) Part Time - An amount of regular hours between 15 and 37 hours per week to be worked for between 3 and 7.6 hours per Shift (not including any Paid Meal Break).

'Ordinary Time Rate of Pay' means the hourly rate of pay for each classification as set out in 'Appendix A'.

'Overtime' means hours worked by an Employee in excess of 7.6 Ordinary Hours per day (for Day Work), or 7.6 Ordinary Hours per Shift (for Shift Work and Continuous Shift Work), as the case may be.

'Paid Meal Break' means a break taken in accordance with clauses 10.1 and 10.2 of this Award that does not form part of an Employee's Ordinary Hours or Ordinary Weekly Hours and is paid in accordance with clauses 10.3 and 10.4.

'Parties' means the Employer, the Unions and the Employees.

'Part Time Employee' means an Employee employed on a part-time basis as defined in Clause 7 of this Award.

'Premises' means all the land on which the Eastern Distributor is located.

'Redundancy' occurs when an Employee's position ceases to exist and may be caused by a variety of reasons, including, among others, technological change, loss of business or economic downturn.

'Roster' means a schedule determining the hours of work of Full Time, Part Time or Casual Employees whether Day Work Employees, Shift Work Employees or Continuous Shift Work Employees.

'Shift' means the work hours of a Full Time, Part Time or Casual Employee in any one day.

'Shift Roster' means a schedule determining the hours of work of Shift Work Employees or a schedule determining the hours of work of Continuous Shift Work Employees, as the case requires.

'Shift Roster Cycle' means the period over which a Shift Work Employee or a Continuous Shift Work Employee completes one full cycle of Shift Work or Continuous Shift Work, respectively.

'Shift Work' means work regulated by a Shift Roster that is not Continuous Shift Work.

'Shift Work Employee' means a Full Time, Part Time or Casual Employee engaged to work or working Shift Work.

'Supervisor' means a person engaged by the Employer on a salary basis to supervise the work of Employees.

'Toll Collector' means an Employee whose duties are defined in Clause 6.1.

'Unions' means the Australian Workers' Union New South Wales and the Electrical Trades Union of Australia New South Wales Branch.

3.2 Joint Statement

This Award is between the Employer and the Unions acting on behalf of the Employees who are eligible to be members of those Unions and who are engaged to work on the Eastern Distributor.

This Award shall apply to the employment by the Employer of Employees classified as Toll Collector, Motorway Patroller, Electronics Technician required for the operations and maintenance work

associated with the Eastern Distributor. The Employees will be based at the Control Centre or at other locations on or adjacent to the Eastern Distributor as required by the Employer from time to time.

3.3 Aims

The Parties have agreed to work together to develop a committed and skilled work force that is focused on high productivity and safe working conditions.

In particular the Parties have agreed to the following specific objectives:

(a) to provide a safe and healthy work place, adhere to and regard as a minimum standard State or National Occupational Health and Safety Standards and Codes of Practice;

(b) to empower individuals to make and be accountable for decisions;

(c) to promote a strong emphasis on teamwork;

(d) to encourage innovative action by Employees;

(e) to focus on the long term satisfaction of the Client and improvement of the quality of service to the public;

(f) to provide and maintain effective communication and genuine consultation between the Parties;

(g) to provide appropriate training to Employees;

(h) to ensure that the Eastern Distributor remains open and tolls are collected 24 hours per day, each day of the year.

4. COMMITMENT

5.1 The Parties are committed to ensuring that:

(a) this Award leads to real gains in productivity and workplace efficiencies, without any reduction in health and safety standards;

(b) all requirements of this Award are observed;

(c) no further increases or decreases in any conditions, including but not limited to rates of pay, to those provided for in this Award will be claimed or paid during the life of this Award;

(d) stoppages of work or other forms of industrial action will not occur at any time.

5. CONTRACT OF EMPLOYMENT

5.1 Each Employee shall be employed on either a full-time, part-time or casual basis under one of the following classifications:

• Toll Collector• Motorway Patroller• Electronics Technician

Full-time and Part-time Employees will be given a minimum period of notice for termination as specified in the Workplace Relations Act 1996.

An Employee's employment may be terminated by the Employer without notice for serious and wilful misconduct. In such circumstances wages shall only be paid up to the time of dismissal.

The Employer may deduct payment for any Shift or part thereof where an Employee is absent from duty without reasonable cause.

5.2 It is a fundamental requirement of employment that Employees have to deal with the public and provide friendly, courteous service at all times. Employees shall be required to present a neat appearance to the public at all times and to be punctual and diligent in commencing times for shifts.

5.3 Continuous Shift Work Employees and Shift Work Employees will be required to work regularly on Saturdays, Sundays and Holidays to cover all operations of the Eastern Distributor twenty four hours per day, seven days per week, fifty two weeks per year.

5.4 All Employees may be required to work a reasonable amount of Overtime from time to time as directed by the Motorway Manager to meet the demands for the operation and maintenance of the Eastern Distributor.

5.5 Employees engaged, as Toll Collectors will handle large sums of cash. Toll Collectors will be subject to regular security and audit procedures during their employment. Video surveillance equipment will monitor Toll Collectors on each Shift. In the event of any misappropriation of funds the Employee responsible will be dismissed. Electronics Technicians and Motorway Patrollers will also be subject to video surveillance from time to time.

5.6 Redundancy

Clause 5.6 shall not apply to Casual Employees.In the event of an Employee's position becoming redundant, the Employer will apply the Employment Protection Act 1982 (NSW) as amended from time to time.

The Employment Protection Act provides for the following scale of severance payments in respect of a continuous period of service:

(a) If an Employee is under 45 years of age, the Employer shall pay in accordance with the following scale:

Years of Service Under 45 Years of Age EntitlementLess than 1 year Nil1 year and less than 2 years 4 Weeks Pay2 years and less than 3 years 7 Weeks Pay3 years and less than 4 years 10 Weeks Pay4 years and less than 5 years 12 Weeks Pay5 years and less than 6 years 14 Weeks Pay6 years and over 16 Weeks Pay

(b) Where an Employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service 45 Years of Age and Over EntitlementLess than 1 year Nil1 year and less than 2 years 5 Weeks Pay2 years and less than 3 years 8.75 Weeks Pay3 years and less than 4 years 12.5 Weeks Pay4 years and less than 5 years 15 Weeks Pay5 years and less than 6 years 17.5 Weeks Pay6 years and over 20 Weeks Pay

In this clause, "Weeks Pay" means:

(i) for a Full Time Employee, the applicable Ordinary Weekly Rate of Pay for the Employee's classification as set out in "Appendix A" at the date of termination; and

(ii) for a Part Time Employee, the amount equal to the Part Time Employee's Ordinary Weekly Hours multiplied by the applicable Ordinary Hourly Rate of Pay for the Employee's classification as set out in "Appendix A" at the date of termination.

6. DUTIES

6.1 Toll Collector

The duties of a Toll Collector include, but are not limited to:

• operation of manual booths, cleaning and attending automatic toll collection systems;

• collection and accounting for toll payments;

• advising and directing drivers and other persons in matters relating to traffic and toll collection;

• identification and reporting payment defaults, incidents and equipment service malfunctions;

• changing electrical and mechanical modules of the toll collection equipment;

• acting as Supervisor when required; and

• other duties as directed.Toll Collectors will be supervised on each Shift by the Supervisor. From time to time a Toll Collector may be required to act in the capacity of Supervisor. A Supervisor may act as a Toll Collector as and when required.

A Toll Collector who is rostered to act in the capacity of a Supervisor shall be paid an additional $3.50 per hour to the wage rates for a Toll Collector defined in this Award for hours worked as a Supervisor. The $3.50 per hour shall only be paid for hours worked as a Supervisor and will not attract any penalty or premium.

6.2 Motorway Patroller

The duties of a Motorway Patroller include, but are not limited to:

• the operation and maintenance of plant and equipment;

• removal of obstructions to traffic from the Motorway;

• operation of tunnel wall washing equipment;

• maintenance and cleaning of pits and pump station sumps, collection of rubbish and maintenance of civil works to specified standards;

• other maintenance duties as directed;

• attendance at emergencies and incidents as directed;

• advising and directing drivers and other persons in matters relating to traffic movements; and

• other duties as directed.

One Motorway Patroller may be designated by the Employer as the Leading Hand. Duties of the Leading Hand will be the same as the duties of the Motorway Patroller, plus:

• leadership of Motorway Patrollers;

• training of Motorway Patrollers, attendance on subcontractors; and

• other duties as directed.

The Leading Hand shall be paid an allowance of $0.60 per hour for hours worked as a Leading Hand, and this allowance shall not attract any penalty or premium.

6.3 Electronics Technician

The duties of an Electronics Technician include, but are not limited to:

• conducting routine maintenance, inspection and reporting on electrical and mechanical equipment, including tolling equipment;

• calibration and setting up of equipment and instrumentation;

• other maintenance duties as directed;

• monitoring and operation of Motorway control systems;

• attendance at emergencies and incidents as directed:

• advising and directing drivers and other persons in matters relating to traffic movements; and• other duties within the Employee’s skills and training as directed.

The Weekly Rate of Pay set out in "Appendix A" for an Electronics Technician includes $24.00 per week all purpose licence allowance.

7. HOURS OF WORK AND ENTITLEMENTS

Most Employees will normally be engaged on Shift Work or Continuous Shift Work, but may be required to work Day Work from time to time. The Motorway Manager shall determine the starting and finishing times for all Employees.

For the purposes of determining the application of shift allowances and allowances for work on Saturday, Sunday and Holidays the following shall apply:

(i) Saturday commences at midnight Friday night and finishes midnight Saturday night;

(ii) Sunday commences at midnight Saturday night and finishes midnight Sunday night; and

(iii) a Holiday commences at midnight the day immediately preceding the Holiday and finishes at midnight on the Holiday.

With the agreement of the Employee and the Motorway Manager, a Roster incorporating up to 12 hours work in a Shift may apply. Prior to the implementation of any 12-hour Shift consultation with the Employees and the appropriate Union shall take place. The Roster may vary from time to time but any changes to the Roster will be notified to the relevant Employees at least 7 days in advance.

Employees shall be available for work for all Shifts, which they are rostered to work, and shall perform all necessary duties in each Shift.

When a Continuous Shift Work Employee or Shift Work Employee (not including Casual Employees) is not rostered to work on a Holiday, the Employee shall receive, in the Employer’s discretion, either an additional 7.6 hours’ wages (calculated at the applicable Ordinary Time Rate of Pay) or the equivalent amount of time off work (paid at the applicable Ordinary Time Rate of Pay). Where the Employee is a Part-Time Employee, the Employee will receive the equivalent pro-rata benefit (calculated according to the formula in clause 7B).

Shift changes for Toll Collectors shall take place in the tollbooth. Shift changes for Electronics Technicians and Motorway Patrollers shall take place in the Control Centre. In the event of the on-coming Employee not reporting for duty at the normal Shift changeover time, the off-going Employee shall remain on duty until relieved.

Where an Employee is, both:

(a) after the expiration of their Shift finishing time; and

(b) after leaving the Employer’s premises, recalled to work without prior notice, the Employee shall be paid at the appropriate rate set out in either clause 8.1 (Day Work Employees) or clause 8.2 (Shift Work Employees and Continuous Shift Work Employees) of this Award.

An Employee recalled to work in this way shall be paid at that rate for a minimum of 3 hours work. FIRST - AID ALLOWANCE

An Employee who has a current senior first aid certificate shall be entitled to an allowance of $0.25 per hour worked, and this allowance shall not attract any penalty or premium.

A. FULL TIME EMPLOYEES

Each Full Time Employee shall work Ordinary Weekly Hours.(i) Day Work

The Ordinary Hours of a Full Time Employee on Day Work shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's classification.

Overtime worked by a Full Time Employee on Day Work shall be paid at the rate set out in clause 8.1 of this Award.

(ii) Shift Work and Continuous Shift Work

The Ordinary Hours of a Full Time Employee on Shift Work or Continuous Shift Work shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's classification.

(a) Monday to Friday

A Full Time Employee on Shift Work or Continuous Shift Work shall be paid the following shift allowances for Ordinary Hours worked between Monday and Friday:

• Day Shift - Nil

• Afternoon Shift - 17.5% of the Ordinary Time Rate of Pay

• Night Shift - 20% of the Ordinary Time Rate of Pay

(b) Saturday, Sunday and Holidays

A Full Time Employee on Shift Work or Continuous Shift Work shall be paid the following shift allowances for Ordinary Hours (and, if applicable and subject to paragraph (d) below, for Overtime), worked on Saturday, Sunday or Holidays:

• Saturday - 50% of the Ordinary Time Rate of Pay

• Sunday - 100% of the Ordinary Time Rate of Pay

• Holidays - 150% of the Ordinary Time Rate of Pay

The shift allowances for hours of work worked by a Full-Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or Holidays shall only apply to that part of a Shift actually worked on a Saturday, Sunday or Holiday.

(c) Interaction of Shift Allowances

The Shift Allowances set out in (a) and (b) above are paid in addition to the Employee's applicable Ordinary Time Rate of Pay.

The Shift Allowances set out in (a) and (b) above are not cumulative.

Example 1

(NOTE: In the following examples any Paid Meal Break which an Employee may be entitled to during the Shift does NOT form part of the hours worked by the Employee during the Shift)

An Employee on Night Shift, which commences at 10.00pm on a Friday night and finishes at 6.06am on a Saturday morning, will only be entitled to:

• The Night Shift Allowance under paragraph (a) above, but only for those hours worked up to 12 midnight; and

• The Saturday Allowance under paragraph (b) above, but only for those hours worked after 12 midnight.

Example 2

An Employee on an Afternoon Shift, which commences at 6.00pm Saturday and finishes at 2.06am Sunday, will only be entitled to:

• The Saturday Allowance under paragraph (b) above, but only for those hours worked up to 12 midnight; and

• The Sunday Allowance under paragraph (b) above, but only for those hours worked after 12 midnight.

Example 3

An Employee on a Night Shift which commences at 11.00pm on a Holiday and finishes at 7.06am the next day (which is not a Saturday, Sunday or Holiday) will only be entitled to:

• The Holiday allowance under paragraph (b) above, but only for those hours worked up to 12 midnight; and

• The Night Shift Allowance, but only for those hours worked after 12 midnight.

(d) Overtime

Overtime worked by a Full Time Employee on Shift Work and Continuous Shift Work shall be paid at the rate set out in Clause 8.2 of this Award.

An Employee is not entitled to both a shift allowance (whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday, Sunday or Holiday) and Overtime penalty. The Employee shall be paid the higher of an applicable shift allowance or Overtime penalty.

Example 1


An Employee who works a Shift from 10.00pm on Friday Night to 9.06am Saturday morning shall only be entitled to:

• The Night Shift Allowance, but only for those hours worked up to midnight;

• The Saturday Shift Allowance, but only for those hours worked from midnight to 6.06am Saturday morning;

• The Overtime rate (time and a half) in respect of the first two hours of overtime worked, that is, from 6.06am up until 8.06am; and

• The Overtime rate (double time) in respect of overtime hours in excess of two hours overtime, that is, from 8.06am up until 9.06am.

Example 2

An Employee who works a Shift from 10.00pm on Saturday Night to 8.06am Sunday morning shall only be entitled to:

• The Saturday Shift Allowance, but only for those hours worked up to midnight;

• The Sunday Shift Allowance for the remainder of the hours worked, even though the Employee is working 2 hours of overtime. This is because the Overtime rate is calculated by reference to the earnings the Employee receives under normal working conditions on a Sunday, which is the Ordinary Time Rate of Pay + 100%, which is higher than the normal Overtime rate of time and a half, and an Employee is entitled to the higher rate.

B. PART TIME EMPLOYEES

A Part Time Employee is an Employee, other than a Full Time Employee or a Casual Employee, engaged to work regular hours each week in accordance with a Roster with a minimum engagement of 15 hours per week and a maximum engagement of 37 hours per week.

The Ordinary Hours of a Part Time Employee shall be worked continuously, excluding any Paid Meal Break, and shall not be less than 3 or more than 7.6 hours.

A Part Time Employee may work Day Work, Shift Work or Continuous Shift Work.

A Roster for a Part Time Employee shall set out the days and the starting and ceasing times the Part Time Employee works each week or as otherwise arranged by mutual agreement.

A Part Time Employee shall be entitled to sick leave, jury service, bereavement leave and parental leave on a pro-rata basis calculated as follows:

Part Time Employee's Entitlements =

Part Time Employee's Ordinary Weekly Hours x

Equivalent Full Time Employee'sEntitlements

38

(i) Day Work

The Ordinary Hours of a Part Time Employee on Day Work shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's classification.

Overtime worked by a Part Time Employee on Day Work, being work in excess of 7.6 hours in a day, shall be paid at the rate set out in Clause 8.1 of this Award.

(ii) Shift Work and Continuous Shift Work

The Ordinary Hours of a Part Time Employee on Shift Work or Continuous Shift Work shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's classification.

(a) Monday to Friday

A Part Time Employee on Shift Work or Continuous Shift Work shall be paid the following shift allowances for Ordinary Hours worked between Monday and Friday:

• Day Shift - Nil• Afternoon Shift - 17.5% of the Ordinary Time Rate of Pay• Night Shift - 20% of the Ordinary Time Rate of Pay

(b) Saturday, Sunday and Holidays

A Part Time Employee on Shift Work or Continuous Shift Work shall be paid the following shift allowances for Ordinary Hours (and, if applicable and subject to paragraph (d) below, for Overtime),worked on Saturday, Sunday or Holidays:

• Saturday - 50% of the Ordinary Time Rate of Pay• Sunday - 100% of the Ordinary Time Rate of Pay• Holidays - 150% of the Ordinary Time Rate of Pay

The shift allowances for hours of work worked by a Part Time Employee on Shift Work or Continuous Shift Work on Saturday, Sunday or Holidays shall only apply to that part of a Shift actually worked on a Saturday, Sunday or Holiday.

(c) Interaction of Shift Allowances

The Shift Allowances set out in (a) and (b) above are paid in addition to the Employee's applicable Ordinary Time Rate of Pay.

The Shift Allowances set out in (a) and (b) above are not cumulative.

Example 1


An Employee on Night Shift, which commences at 10.00pm on a Friday night and finishes at 4.00am on a Saturday morning, will only be entitled to:

• The Night Shift Allowance under paragraph (a) above, but only for those hours worked up to 12 midnight; and

• The Saturday Allowance under paragraph (b) above, but only for those hours worked after 12 midnight.

Example 2

An Employee on an Afternoon Shift, which commences at 6.00pm Saturday and finishes at 1.00am Sunday, will only be entitled to:

• The Saturday Allowance under paragraph (b) above, but only for those hours worked up to 12 midnight; and

• The Sunday Allowance under paragraph (b) above, but only for those hours worked after 12 midnight.

Example 3

An Employee on a Night Shift which commences at 11.00pm on a Holiday and finishes at 3.00am the next day (which is not a Saturday, Sunday or Holiday) will only be entitled to:

• The Holiday allowance under paragraph (b) above, but only for those hours worked up to 12 midnight; and

• The Night Shift Allowance, but only for those hours worked after 12 midnight.

(d) Overtime

Overtime worked by a Part Time Employee on Shift Work and Continuous Shift Work, being work in excess of 7.6 hours per Shift, shall be paid at the rate set out in clause 8.2 of this Award.

An Employee is not entitled to both a shift allowance (whether for a Shift in respect of an Afternoon Shift, Night Shift, Saturday, Sunday or Holiday) and Overtime penalty. The Employee shall be paid the higher of an applicable shift allowance or Overtime penalty.

C. CASUAL EMPLOYEES

Subject to paragraph (d) below, all hours worked by a Casual Employee shall be paid at the applicable Ordinary Time Rate of Pay for the Employee's classification.

A Casual Employee must be available for work on call at the discretion of the Motorway Manager.

A Casual Employee shall be provided with a minimum of 3 hours work on each Shift.

Loading, Allowances and Penalties

(a) A Casual Employee shall be paid a casual loading of 20% of the Ordinary Time Rate of Pay for all hours worked, which is in lieu of sick leave, bereavement leave etc.

(b) Subject to paragraph (e) below, a Casual Employee shall be paid the following shift allowances for Shifts worked between Monday to Friday:

• Where a Shift commences between 1.00pm and 9.00pm, and does not finish before 6.00pm - 17.5% of the Ordinary Time Rate of Pay; and

• Where a Shift commences between 9.00pm and 5.00am - 20% of the Ordinary Time Rate of Pay

(c) Subject to paragraph (e) below, a Casual Employee shall be paid the following shift allowances for all hours worked on a Saturday, Sunday or Holiday:

• Saturday - 50% of the Ordinary Time Rate of Pay;• Sunday - 100% of the Ordinary Time Rate of Pay; and• Holiday - 150% of the Ordinary Time Rate of Pay.

(d) Subject to paragraph (e) below, hours worked by a Casual Employee in excess of 7.6 hours in a Shift (not including any Paid Meal Break) shall be considered overtime and shall be paid at the rate (calculated on the applicable Ordinary Time Rate of Pay for the Employee's classification) prescribed in Clause 8.2 - Overtime.

(e) In calculating wages for a Casual Employee:

• The Loading, Allowances and Penalties in (a) - (d) above are paid in addition to the Employee's applicable Ordinary Time Rate of Pay.

• The allowances and penalties in (b), (c) and (d) above shall not be included for the purposes of the calculation of the loading in (a) above;

• The shifts allowances under (b) and (c) are not cumulative.

• A Casual Employee is not entitled to both a shift allowance under (b) or (c) above and the Overtime penalty in (d) above. The Casual Employee shall be paid the higher of an applicable shift allowance or Overtime penalty.

Example

A Casual Employee who works a Shift from 10.00pm Sunday to 8.06am Monday (and takes a Paid Meal Break in the middle of the Shift) will be entitled to the following:

• The Ordinary Time Rate of Pay multiplied by 9.6 (the number of hours worked by the Casual Employee); plus

• 20% of the Ordinary Time Rate of Pay multiplied by 9.6 (the Casual Loading for the number of hours worked by the Casual Employee); plus

• A Shift Allowance of 100% of the Ordinary Time Rate of Pay for those hours worked up to midnight on Sunday night (the Sunday Allowance); plus

• A Shift Allowance of 20% of the Ordinary Time Rate of Pay for those hours worked (which do not include the Paid Meal Break) between midnight and 6.06am Monday morning (the Night Shift Allowance); plus

• A Penalty of 50% of the Ordinary Time Rate of Pay for those Overtime hours worked between 6.06am and 8.06am (the applicable Overtime Penalty); plus

• The Ordinary Time Rate of Pay multiplied by 0.5 hours (the payment for the Paid Meal Break).Or, using actual pay rates to further illustrate:

A Casual Toll Collector who works a Shift from 10.00pm Sunday to 8.06am Monday and takes a Paid Meal Break from 3.00am to 3.30am will receive a total of $229.35, made up of:

• $62.524 for those hours worked between 10.00pm and midnight ([Ordinary Time Rate of Pay + 20% (casual loading) + 100% (Sunday allowance)] x 2 hours)

• $59.682 for those hours worked between midnight and 3.00am ([Ordinary Time Rate of Pay + 20% (casual loading) + 20% (Night Shift allowance)] x 3 hours)

• $51.7244 for those hours worked between 3.30am and 6.06am ([Ordinary Time Rate of Pay + 20% (casual loading) + 20% (Night Shift allowance)] x 2.6 hours)

• $48.314 for those hours worked between 6.06am and 8.06am ([Ordinary Time Rate of Pay + 20% (casual loading) + 50% (overtime penalty)] x 2 hours)

• $7.105 for the Paid Meal Break (Ordinary Time Rate of Pay x 0.5 hours).

8. OVERTIME

8.1 Full Time and Part Time Employees on Day Work required to work Overtime shall be paid at the rate of time and one half for the first two hours and double time thereafter, calculated using the Employee's applicable Ordinary Time Rate of Pay.

8.2 Full Time and Part Time Employees on Shift Work or Continuous Shift Work required to work Overtime shall be paid:

(a) at the rate of time and one half for the first two hours and double time thereafter, calculated using the Employee’s applicable Ordinary Time Rate of Pay; or

(b) at the Employee’s applicable Ordinary Time Rate of Pay plus any applicable shift allowance.

Whichever is the greater.

8.3 Where Overtime is necessary it shall, wherever reasonably practicable, be so arranged such that Employees have at least ten consecutive hours off duty between Shifts. An Employee who works Overtime following the cessation of his/her normal work on one day and who has not at least ten consecutive hours off duty between cessation of the Overtime and the commencement of his/her next Shift, shall, subject to this clause, be released after completion of such Overtime and not be required to report back to work until the Employee has had ten consecutive hours off duty. An Employee required to take time off duty to ensure compliance with this clause will be permitted to do so without loss of pay.

8.4 If, on the instruction of the Employer, such an Employee resumes work without having had ten consecutive hours off duty between Shifts, he/she shall then be paid at double time until he/she is released from duty for that period and he/she shall then be entitled to be absent until he/she has ten consecutive hours off duty, without loss of pay.

8.5 The subclauses 8.1, 8.2 and 8.4 shall not apply when the time worked is by an arrangement between the Employees themselves, or when the rotation of Shifts (eg. Afternoon Shift to Night Shift) has necessitated work in excess of the Ordinary Hours as part of a revised Shift Roster.

8.6 Employees may be required to work a reasonable amount of Overtime under the terms of this Award.

9. REST PAUSES

9.1 Employees who work a minimum of four consecutive hours on any day shall be entitled to a rest pause of ten minutes duration without loss of pay during the first four hours. Such rest pause shall be taken at such times as will not interfere with the continuity of work where continuity in the opinion of the Employer is necessary.

9.2 In order to meet the requirements of the operation or maintenance of the Eastern Distributor, the Employer may direct an Employee to return to work if the Employee is taking a rest pause in accordance with clause 9.1. Should the Employer give such a direction to the Employee, the Employee shall be entitled to another rest pause in accordance with clause 9.1, but only for the length of time equal to that part of the rest pause, which the Employee did not receive because of the direction of the Employer.

10. PAID MEAL BREAK

10.1 Employees who work more than five continuous hours shall be entitled to a Paid Meal Break of thirty minutes, to be taken approximately mid-way through their work period on either day or shift hours of work. However, the time of taking the Paid Meal Break may be varied at any time to meet the requirements of the operation and maintenance of the Easter Distributor.

10.2 In order to meet the requirements of the operation or maintenance of the Eastern Distributor, the Employer may direct an Employee to return to work if the Employee is taking a Paid Meal Break. Should the Employer give such a direction to the Employee; the Employee shall be entitled to another Paid Meal Break in accordance with clause 10.1, but only for the length of time equal to that part of the Paid Meal Break, which the Employee did not receive because of the direction of the Employer.

10.3 In recognition of the fact that an Employee may be recalled to work during their Paid Meal Break, an Employee shall be paid at the Ordinary Time Rate of Pay for that Employee's classification during a Paid Meal Break.

10.4 Despite clause 10.3, the Paid Meal Break shall not:

(a) form part of the Ordinary Hours or Ordinary Weekly Hours of an Employee;

(b) be included for the purposes of calculating Overtime; and

(c) entitle the Employee to receive any allowance or penalty in respect of the Paid Meal Break apart from that referred to in clause 10.3.

11. WAGE INCREASES

This Award contains provision for wage increases of 2% each 6 months from 1 October 1999 to 1 April 2002.

12. ELECTRONIC FUNDS TRANSFER

All wages will be paid by means of electronic funds transfer into a bank account designated by each Employee. Bank charges are the responsibility of each Employee having been taken into account in setting rates of pay prescribed in this Award.

13. RESTRICTIVE WORK PRACTICES

It shall be a key function of all Employees in conjunction with the Motorway Manager to:

(a) formulate an action plan aimed at the elimination of any restrictive work practice; and

(b) carry out the action so planned.

14. TECHNOLOGICAL CHANGE

The Parties accept that during the life of this Award it may be necessary for the Employer to implement technological change. If this situation arises, Employees will be kept informed of proposed changes.

15. SUPERANNUATION

The Employer shall pay the Trustee of the Australian Public Superannuation Fund, on behalf of each Employee, a contribution of an amount as prescribed by the Superannuation Guarantee Administration Act, from time to time. Contributions shall be payable from the date of the commencement of employment of the Employee with the Employer. Contributions shall be paid into the (APS) Fund on a monthly basis.

16. ANNUAL LEAVE

16.1 Full Time and Part Time Employees

(a) Except as provided by this clause 16, the Annual Holidays Act 1944 (NSW) ('Act') shall apply.

(b) Where a Shift Work Employee or a Continuous Shift Work Employee takes a period of annual leave, any Saturdays and Sundays falling within that period shall be treated as normal working days for the purposes of calculating the Employee's entitlement to annual leave.

(c) Where an Employee takes a period of annual leave and a Holiday falls within that period, the Holiday shall not be included as part of the period of annual leave.

(d) In addition to their entitlement to a period of leave under the Act, a Full Time or Part Time Employee who is a seven-day shift worker, that is, an Employee who is required under the Shift

Roster to work regularly on Sundays and Holidays, shall be allowed one week's leave, payable in accordance with this clause. However, if a Full Time or Part Time Employee has only served a portion of the year of employment as a seven-day shift worker, this additional leave shall be one day for every thirty-six Shifts worked as a seven-day shift worker.

(e) Except as provided by paragraph (f) below, a Full Time or Part Time Employee will be entitled to the following payments while on a period of annual leave as provided by this clause 16:

(i) the Employee's Ordinary Weekly Pay for each week that the Employee is on a period of annual leave; and

(ii) all shift allowances (including Saturday and Sunday but not including Holiday shift allowances) calculated in accordance with clause 7, which the Employee would have been entitled to receive if they had worked during the period for which annual leave has been taken.

(f) Despite paragraph (e) above, if an Employee has at least 12 months continuous service, the Employee shall be entitled to the following payments upon taking a period of Annual Leave:

(i) the Employee's Ordinary Weekly Pay for each week that the Employee is on a period of annual leave; and

(ii) the greater of:

(a) all shift allowances (including Saturday and Sunday but not including Holiday shift allowances) calculated in accordance with clause 7 which the Employee would have been entitled to receive if they had worked during the period for which annual leave has been taken; or

(b) an Annual Leave Loading of 17.5% of the Employee's Ordinary Weekly Pay for each week that the Employee is on a period of annual leave.

(g) Where the employment of an Employee is terminated by the Employer for a reason other than malingering, inefficiency, neglect of duty, misconduct or misappropriation, and at the time of the termination the Employee has not been given, and has not taken, the whole of the annual leave to which the Employee has become entitled, the Employee shall be paid a loading calculated in accordance with subclause 16(f)(ii)(B) above. This loading shall not be payable to an Employee upon termination except in accordance with this subclause.

(h) An Employee must obtain the approval of the Motorway Manager before taking any period of Annual Leave.

(i) For the purposes of this clause 16.1, 'Ordinary Weekly Pay' means:

(i) for a Full Time Employee - the applicable Ordinary Weekly Rate of Pay as set out in "Appendix A" for the Employee's classification at the time of taking the period of annual leave plus, where applicable, the weekly amount ordinarily received by the Employee in respect of:

(a) Supervisor, First Aid and Leading Hand allowances; and

(b) Paid Meal Breaks; and

(ii) for a Part Time Employee - the applicable Ordinary Hourly Rate of Pay as set out in "Appendix A" for the Employee's classification at the time of taking the period of annual leave multiplied by the Employee's Ordinary Weekly Hours plus, where applicable, the weekly amount ordinarily received by the Employee in respect of:

(a) Supervisor, First Aid and Leading Hand allowances; and

(b) Paid Meal Breaks.

16.2 Casual Employees

(a) Casual Employees engaged under this Award shall only be entitled to Annual Leave as set out in (b) below.

(b) A Casual Employee is entitled to a payment in respect of annual leave each week, calculated as follows:

Annual leave payment = the Employee’s Ordinary Weekly Pay divided by 12.

(c) For the purposes of this clause 16.2, ‘Ordinary Weekly Pay’ means (applicable Ordinary Time Rate of Pay plus 20%) multiplied by the number of hours worked by the Casual Employee in the week plus, where applicable, any payment paid during the week to the Casual Employee in respect of:

(A) shift allowances (including Saturday and Sunday but not including Holiday shift allowances, nor overtime allowances or penalties paid in excess of the Ordinary Time Rate of Pay under clause 7.C (d));

(B) First Aid, Leading Hand and Supervisor allowances; and

(C) Paid Meal Breaks.

17. SICK LEAVE

A Casual Employee is not entitled to paid sick leave under this Award.

An Employee other than a Casual Employee shall, after three months' continuous service, be entitled to paid leave for genuine illness or injury, subject to the following conditions and limitations:

(a) the Employee shall where practicable prior to but definitely within twenty-four hours of the commencement of such absence inform the Employer of their inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence;

(b) the Employee shall prove to the satisfaction of the Employer, by the production of a medical certificate or other evidence satisfactory to the Employer, that the Employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed;

(c) Full Time Employees shall be entitled to sick leave of up to seventy six Ordinary Hours for each year of employment, which shall accumulate, from year to year, to a maximum of 228 hours. No payments will be made in lieu of untaken sick leave.

(d) Sick leave shall be paid at the Ordinary Time Rate of Pay as set out for each classification in "Appendix A".

(e) The Employer reserves the right to refer any Employee for an independent medical opinion at the Employer's expense.

(f) Part Time Employees shall be entitled to sick leave on a pro-rata basis as described in clause 7 of this Award.


The Long Service Leave Act 1955 shall apply.

19. JURY SERVICE

Casual Employees are not entitled to any jury service under this Award.

Employees required to attend for jury service during rostered working hours shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the Ordinary Time Rate of Pay in respect of those hours the Employee would have worked had the Employee not been on jury service. An Employee shall notify the Employer as soon as possible of the date upon which attendance for jury service is required. Further the Employee shall give the Employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

20. PERSONAL/CARER'S LEAVE

20.1 Use of sick leave

(a) An Employee, other than a Casual Employee, with responsibilities in relation to a class of person set out in 20.1(c)(ii) who needs the Employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 17 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

(b) The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an Employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

(i) the Employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the Employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first-mentioned person 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

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grand-parent, grandchild or sibling of the Employee or spouse or de facto spouse of the Employee; or

(d) a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or

(e) a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

(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.

(d) An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's 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 Employer by telephone of such absence at the first opportunity on the day of absence.

20.2 Unpaid leave for family purpose

(a) An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a person as set out in clause 20.1(c)(ii) who is ill.

20.3 Annual leave

(a) An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph 20.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An Employee and the Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

20.4 Time-off in lieu of payment for overtime

(a) An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for Overtime at a time or times agreed with the Employer within twelve (12) months of the said election.

(b) 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.

(c) If, having elected to take time as leave in accordance with paragraph 20.4(a) 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.

(d) Where no election is made in accordance with paragraph 20.4(a), the Employee shall be paid overtime rates in accordance with this Award.

20.5 Make-up time

(a) A Day Work Employee may elect, with the consent of the Employer, 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 Time Rate of Pay.

(b) A Shift Work Employee or Continuous Shift Work Employee may elect, with the consent of the Employer, to work 'make-up 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.

21. PARENTAL LEAVE

Casual Employees are not entitled to any Parental Leave under this Award. The Industrial Relations Act (NSW) 1996 Chapter 2, Part 4, Divisions 1 and 2 shall apply.

22. BEREAVEMENT LEAVE

22.1 An Employee other than a Casual Employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 22.3 below.

22.2 The Employee must notify the Employer as soon as practicable of the intention to take bereavement leave and will, if required by the Employer, provide to the satisfaction of the Employer proof of death.

22.3 Bereavement leave shall be available to the Employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 20.1(c)(ii), provided that for the purpose of bereavement leave, the Employee need not have been responsible for the care of the person concerned.

22.4 An Employee shall not be entitled to bereavement leave under this clause during any period in respect of which the Employee has been granted other leave.

22.5 Bereavement leave may be taken in conjunction with other leave available under clauses 20.2, 20.3, 20.4 and 20.5 of this Award. In determining such a request the Employer will give consideration to the circumstances of the Employee and the reasonable operation requirements of the business.

22.6 Further, an Employee other than a Casual Employee shall be entitled to a maximum of two days' leave without loss of pay on each occasion and on production of satisfactory evidence of the death outside Australia of the Employee's spouse (which includes de-facto spouse), or parent (which includes a step-parent or foster parent), and where the Employee travels outside of Australia to attend the funeral.

23. OCCUPATIONAL HEALTH AND SAFETY

It is recognised that safety is a team commitment involving Managers, Supervisors and Employees working together through consultation and co-operation.

The rights and responsibility of all personnel to express their concern over safety in the workplace and to expect those rights and responsibilities to be addressed is recognised and supported.

Information, instruction and training in safe methods of work, relevant legislation, safety procedures, etc will be provided to all Employees.

The Employer shall provide and the Employee shall wear and use protective clothing and safety equipment nominated by the Employer from time to time. The Employee shall request any additional protective clothing or safety equipment required in addition to normal issue and the Employer shall not refuse any reasonable request. Protective clothing and safety equipment shall remain the property of the Employer.

Adequate first aid facilities shall be maintained by the Employer in accordance with the Occupational Health and Safety Act 1983 and its regulations, as amended.

24. CLOTHING

Upon appointment the Employer shall issue each Employee with an initial issue of uniform items.

Such items shall be replaced or exchanged on a one for one basis as required to maintain a proper presentation in the work place with a minimum replacement period of 12 months.

Such uniforms shall remain the property of the Employer and shall not be worn other than when on duty or in transit to and from work. When replaced by a new issue all replaced items of uniform shall be returned to the Employer.

Where an Employee for no good reason fails to return items of issued clothing, the Employer may deduct an amount of $50 from the Employee's termination pay, excluding annual leave or long service leave payments.

Each Employee is responsible for laundering and maintaining uniforms in a presentable condition. A laundering allowance is included in the rates of pay for all classifications.

25. MEDICAL EXAMINATIONS

In addition to the pre-employment examination, the Employer will arrange for general medical examinations of Employees covered by this Award every twelve months and in addition, lead level and audiogram testing will be conducted every six months. There will be no payment in excess of ordinary wages to an Employee to attend these medical examinations, which will be carried out during normal working hours on the following basis:

• All costs of medical checks will be borne by the Employer;• The Employer will maintain records of the medical checks;• The medical records shall be made available to the Employee concerned;• A copy of the medical record is to be forwarded to the Employee's treating doctor on request; and• In all other circumstances information contained in the medical records is to remain confidential.

26. TRAINING

The Employer will provide training and education to improve workforce skills and understanding of work related programmes. This training and education will be carried out predominantly during normal working hours.

27. ALCOHOL AND OTHER DRUGS

It is agreed that no Employee will be allowed to enter the workplace if the Employee is under the influence of alcohol or any other substance, which impairs the Employee's work or is likely to create an unsafe working environment.

The Motorway Manager or his nominee may if he has a reasonable suspicion that an Employee is under the influence of alcohol or any other foreign substance, direct the Employee to leave the workplace.

The Employee so directed, will not be paid for the remainder of the day or Shift. The Employee if rostered should report for work the following day.

28. PROBATIONARY PERIOD

Employment will be on the basis of an initial three-month probationary period. During this period, the Employee's suitability for continued employment will be assessed. Prior to the completion of the probationary period the Employer may offer employment to the Employee in accordance with this Award.

29. UNIONS PROCEDURE

29.1 Entry

The Parties acknowledge Chapter 5, Part 7 of the NSW Industrial Relations Act 1996. Union Officials will be granted access to the work areas upon reasonable notice being afforded to the Motorway Manager. It would be preferable for the officials to state the purpose of their visit when giving notice.

29.2 Delegates

The Employer recognises the right of its Employees to be represented in their dealings with their Employer if they so choose. The site delegate shall be allowed reasonable time during working hours to discuss with the Employer or its representative any matter affecting an Employee whom the Union represents. Such discussions should be arranged for times, which are convenient to both parties. Before a delegate moves away from their area of work, permission must first be obtained from the Supervisor.

30. DISPUTE SETTLEMENT PROCEDURES

The Parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between the Employer and its Employees. Subject to the provision of the Industrial Relations Act 1996, any dispute shall be dealt with

in the following manner:

• If an Employee has a grievance arising out of his or her employment with the Employer, the Employee shall notify the Supervisor of the substance of the grievance, request a meeting with that person and state the remedy sought.

• If the matter cannot be resolved between the Employee or the Employee's representative and the Supervisor, it shall be referred to the Motorway Manager. Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate or any other person.

• If the matter is still not resolved, the Employee may request the Motorway Manager to refer the grievance to the General Manager - New South Wales & ACT Branch or Leighton's Manager - Industrial Relations New South Wales & ACT.All parties must use their best efforts to resolve the grievance expeditiously and to the satisfaction of the Parties.

If the grievance is not resolved by the above process, the Parties may refer the grievance to the Industrial Relations Commission of New South Wales:

(a) as a question, dispute or difficulty in respect of the Award; or

(b) for a binding declaration of right under section 154.

Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising and no stoppage of work or any other form of limitation of work shall occur. Neither Party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.


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

31.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.

31.3 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 compliant of unlawful discrimination or harassment.

31.4 Nothing in this clause is to be taken to affect:



(c) any act or practise of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


31.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

32. NO DURESS

The parties declare that this Award was not entered into under any duress.

33. NO EXTRA CLAIMS

Neither the Union, nor any Employee shall make any claim against the Employer for any increase in rates of pay or allowances or make any other claim during the life of the Award.


"APPENDIX A" - Ordinary Rates of Pay

Classifications Weekly Rate of Pay as at 01/10/99

Hourly Rate of Pay as at 01/10/99

Weekly Rate of Pay as at 01/04/00










CommencementWeekly Rate of Pay

CommencementHourly Rate of Pay

WageIncreaseNo 1-2%

WageIncreaseNo 1-2%

WageIncreaseNo 2-2%

WageIncreaseNo 2-2%

WageIncreaseNo 3-2%

WageIncreaseNo 3-2%

WageIncreaseNo 4--2%

WageIncreaseNo 4 - 2%

Wage Increase No 5 - 2%

Wage Increase No 5 - 2%

ElectronicsTechnician

$746.00Per Week

$19.6316Per Hour

$760.92Per Week

$20.0243Per Hour

$776.14Per Week

$20.4248Per Hour

$791.66Per Week

$20.8332Per Hour

$807.49Per Week

$21.2498Per Hour

$823.64 Per Week

$21.6748 Per Hour

MotorwayPatroller

$605.00Per Week

$15.92Per Hour

$617.10Per Week

$16.2395Per Hour

$629.44Per Week

$16.5643Per Hour

$642.03Per Week

$16.8956Per Hour

$654.87Per Week

$17.2335Per Hour

$667.97 Per Week

$17.5782Per Hour

TollCollector

$540.00Per Week

$14.21Per Hour

$550.80Per Week

14.4948Per Hour

$561.82Per Week

$14.7848Per Hour

$573.06Per Week

$15.0806Per Hour

$584.52Per Week

$15.3822Per Hour

$596.21 Per Week

$15.6898Per Hour

T. M. KAVANAGH J.

____________________



(1209) SERIAL C0581

WOOLWORTHS LIMITED AND WOOLSTAR PTY LIMITED YENNORA, MOOREBANK, D.C. AWARD 1998


Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1371 of 2001)

Before the Honourable Justice Kavanagh 21 June 2001

REVIEWED AWARD

Arrangement

PART A

Clause No. Subject Matter

16. ANNUAL LEAVE36. ANTI-DISCRIMINATION 3. AREA, INCIDENCE AND DURATION29. ATTENDANCE AT REPATRIATION CENTRES1. BASIC WAGE19. BEREAVEMENT LEAVE9. CASUAL EMPLOYEES4. DEFINITIONS28. DIRTY WORK22. FAMILY LEAVE24. FARES AND TRAVELLING TIME27. FIRST-AID35. FLEXIBILITY30. GENERAL CONDITIONS15. HOLIDAYS5. HOURS OF WORK23. JURY SERVICE17. LONG SERVICE LEAVE14. MEAL ALLOWANCE13. MEAL AND REST BREAKS11. MIXED FUNCTIONS34. NO EXTRA CLAIMS12. OVERTIME21. PARENTAL LEAVE10. PART-TIME EMPLOYEES2. PARTIES8. PAYMENT OF WAGES33. RIGHT OF ENTRY31. SETTLEMENT OF DISPUTES6. SHIFT WORK18. SICK LEAVE26. SUPERANNUATION25. TERMS OF ENGAGEMENT32. UNION DELEGATES7. WAGES20. WORKERS’ COMPENSATION

PART B

MONETARY RATES

Table 1 - WagesTable 2 - Other Rates and Allowances

PART A

1. Basic Wage

This award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates.

The said basic wage may be varied by the Industrial Relations Commission of New South Wales 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.

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.

2. Parties

The parties bound by this award are:

National Union of Workers, New South Wales Branch;

Woolworths Limited; and

Woolstar Pty Limited.


This award regulates, in whole and exclusively, the conditions of employment of all store persons employed by Woolworths Limited or Woolstar Pty Limited at -

Moorebank Warehouse, situated at 7 Centenary Avenue, Moorebank, N.S.W.; Yennora Warehouse, situated at cnr. Dursley and Fairfield Roads, Yennora, N.S.W.

The award is in full settlement of all rights between the parties and all pre-existing disputes are subsumed within it.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Woolworths Limited and Woolstar Pty Limited Yennora, Moorebank, D.C. Award 1998 published 17 December 1999 (312 I.G. 911), and all variations thereof.

The award published 17 December 1999 took effect from the beginning of the first pay period to commence on or after 24 September 1998.

The changes made to the award pursuant to the Award Review pursuant to section 19 of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 1 June 2001.

This award remains in force until varied or rescinded, the period for which it was made expiring on 24 September 2001.

4. Definitions

4.1 "Full-time Employee" - An employee who works on a regular roster totalling 36 hours per week averaged over a two-week cycle.

4.2 "Part-time Employee" - An employee who works on a regular roster, a minimum of 16 hours and a maximum of 32 hours per week.

4.3 "Casual Employee" - An employee who works on an on-call basis.

4.4 "Fixed-term Employee" - An employee engaged as either a full-time or part-time employee for a specific period in replacement of an employee on authorised leave. A fixed-term employee shall be advised, in writing upon commencement, of the date of termination of such employment.

4.5 "Day Worker" - An employee who commences and completes a rostered shift between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive.

4.6 "Shift Worker" - An employee who commences a rostered shift before 6.00 a.m. or completes a rostered shift later than 6.00 p.m., Monday to Sunday, inclusive.

4.7 "Afternoon Shift" - A shift finishing during the period after 6.00 p.m. and at or before midnight.

4.8 "Night Shift" - A shift finishing during the period after midnight or before 8.00 a.m.

4.9 "Early Morning Shift" - A shift commencing during the period between 4.30 a.m. and 6.00 a.m.

4.10 "Storeperson Grade 4" - An employee who is a new employee and is serving a probationary period of three months, which period will include training and supervision to develop the person to Grade 3 status.

4.11 "Storeperson Grade 3" - A Storeperson Grade 3 will be required but will not be restricted to, the duties of receiving/selecting/replenishment/assembling, loading and unloading goods, cleaning and utilising mechanical, computer technology and electrical devices for the movement, control and documentation of goods.

4.12 "Storeperson Grade 2" - An employee who, in addition to performing the duties of a Storeperson Grade 3:

(a) is principally engaged in the operation of materials handling equipment requiring licensing or certification issued under the relevant Work Cover Regulation; or

(b) is principally engaged in the co-ordination and control of office despatching duties.

4.13 "Storeperson Grade 1" - An employee who, in addition to performing the duties of a Storeperson Grade 2 or 3:

(a) may utilise computer technology for the receipt and control of goods;

(b) may authorise transactions within a delegated scope on behalf of the Company; and

(c) works principally with minimal supervision and may be responsible for the quality of work of other store persons without being responsible for their direction.

4.14 "Leading Hand" - An employee who, in addition to performing the duties of a Storeperson Grade 1, Grade 2 (if licensed) and/or Grade 3:

(a) shall be appointed by the employer to assist in the good order of workflow in an operating area by:

(i) receiving instructions and allocating the work flow to employees;

(ii) determining shortages in labour, or material or equipment failures, and bringing any deficiencies to the employer for consideration;

(b) shall, where a failure in training or behaviour occurs, disengage himself/herself from further action and refer the matter to the employer. Provided that this does not preclude a leading hand from giving training but only on the general instructions of the employer;

(c) shall not become involved in planning annual leave rosters or rostered days off, except by consultation with the employer to ensure an orderly overview of work cover;

(d) shall not become involved in disciplining of employees for behaviour, absenteeism or performance;

(e) shall give advice to the employer or other staff to assist with each of the above, but only to the extent of ensuring good order and workflow.

4.15 "A Week" - For all purposes of this award, a week shall be an average of 36 hours over a two-week cycle, Monday to Sunday, inclusive.

4.16 "Work Roster" - A schedule indicating the days and hours an employee is to report for duty to complete a two-week work cycle.

4.17 "Rostered Shift" - A shift forming part of the work roster where an employee is required to report for duty.

5. Hours of Work

5.1 Ordinary Hours - Full-time Employees - Full-time employees’ ordinary hours shall not be less than six hours per day or more than nine hours per day. The number of shifts per week will not exceed five, Monday to Sunday, inclusive. The shifts shall be worked consecutively, unless by mutual agreement.

5.2 Ordinary Hours - Part-time Employees - Part-time employees’ ordinary hours shall not be less than four hours per day or more than nine hours per day. The number of shifts per week will not exceed five, Monday to Sunday, inclusive.

5.3 Casuals - A casual employee will be employed to work a minimum of four hours and a maximum of nine hours in each working shift.

5.4 Day Worker - A day worker’s ordinary hours is exclusive of meal breaks.

5.5 Shift Worker - A shift worker’s ordinary hours is inclusive of meal breaks.

5.6 Commencing and Ceasing Times - The time of commencing and ceasing shift, having been determined, may be varied by mutual agreement or, in the absence of agreement, by seven days’ notice of the alteration given by the Company to the employee.

5.7 Saturday and Sunday Work - Saturday and Sunday shall form part of an employee’s work roster; provided the existing full-time employees, as at 19 June 1995, shall retain the right to work Saturday and Sunday on a roster based on mutual agreement between the Company and the employee.

5.8 Saturday Allowance - A day worker while working Saturday, as part of their work roster shall be paid an allowance of 60 per cent in addition to the ordinary rate provided for in clause 7, Wages.

5.9 Sunday Allowance - A day worker whilst working Sunday, as part of their work roster shall be paid an allowance of 100 per cent in addition to the ordinary rate provided for in the said clause 7.

5.10 Public Holiday Allowance - A day worker while working a public holiday, as part of their work roster shall be paid an allowance of 200 per cent in addition to the ordinary rate provided for in the said clause 7.

5.11 Exceptions - The allowances provided for in subclauses 5.8, 5.9 and 5.10 of this clause shall not apply to any employee whilst absent on accrued sick leave.

6. Shift Work

6.1 A shift worker while on afternoon shift shall be paid a shift allowance of 17.5 per cent in addition to the ordinary rate provided for in clause 7, Wages.

6.2 A shift worker while on night shift shall be paid a shift allowance of 27.5 per cent in addition to the ordinary rate provided for in the said clause 7.

6.3 A shift worker while on early morning shift shall be paid a shift allowance of 12.5 per cent in addition to the ordinary rate provided for in the said clause 7.

6.4 A shift worker working on a Saturday early morning, afternoon or night shift as part of their normal work roster shall be paid, in addition to the ordinary hourly rate, an allowance of 60 per cent in addition to the shift allowances in subclauses 6.1, 6.2 and 6.3 of this clause.

6.5 A shift worker working on a Sunday early morning, afternoon or night shift as part of their normal work roster shall be paid, in addition to the ordinary hourly rate, an allowance of 100 per cent which substitutes for the shift allowances in subclauses 6.1, 6.2 and 6.3.

6.6 Where shifts commence between 11.00 p.m. and midnight, the time so worked before midnight shall not entitle the employee to any allowances applicable to that day, provided that the time worked between 11.00 p.m. and midnight is applied to any allowance applicable to the day in which the majority of the shift is worked. Where shifts fall partly on two days, the day on which the major portion of the shift falls shall be regarded as that day.

6.7 Shift allowances provided in subclauses 6.4 and 6.5 of this clause shall not apply to any employee whilst absent on accrued sick leave. All other shift allowances prescribed by this clause shall apply to any employee absent on accrued sick leave.

6.8 Shift allowances shall be payable for absence on annual leave in accordance with clause 16, Annual Leave.

7. Wages

7.1 The wages payable from the beginning of the first pay period to commence on or after 24 September 1998 and thereafter, are set out in Table 1 - Wages, of Part B, Monetary Rates.

7.2 The wages prescribed herein include a consideration for dress and uniform. These wages will be referred to as the ordinary rates.

7.3 The following employees shall receive per hour an allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for all time worked in cleaning duties (excluding employees engaged in dirty work - see clause 28, Dirty Work) at the Yennora Warehouse:

Mr R. Archipov, , Mr P. Paulic, Mr J. Pinochet, Mr L. Gentile, Mr D. Jacobs, Mr E. Mathers, Mr R. Waters, and Mr D. Stanivukovic.

8. Payment of Wages

8.1 Wages shall be paid weekly on a day not later than Thursday of each week, for the pay week finishing the previous Sunday.

8.2 Payment for all employees shall be via electronic funds transfer to an acceptable financial institution. Employees shall advise a financial institution and account number at the time of employment and may nominate a second account for a standard deduction.

8.3 Government charges associated with the deposit and one withdrawal by electronic funds transfer shall be paid by the employer.

8.4 Where employment is terminated, an employee shall be paid forthwith all ordinary wages due and shall be paid all overtime and other monies due within seven days of the date of the termination of employment.

9. Casual Employees

9.1 A casual employee may be employed for not less than four hours each start and not more than nine hours at the ordinary hourly rate which is equivalent to one thirty-sixth of the ordinary weekly rate, plus 15 per cent casual loading.

9.2 Casual employees shall be paid in accordance with the provisions of the award with respect to shift allowances, weekend allowances and public holiday allowances in addition to the 15 per cent casual loading.

9.3 In accordance with the Annual Holidays Act 1944, casuals will receive one-twelfth of their ordinary hourly rate in lieu of annual leave.

10. Part-time Employees

10.1 Part-time employees shall be paid an ordinary hourly rate equal to the appropriate ordinary weekly rate divided by 36. The provisions of this award with respect to sick leave, annual leave, bereavement leave and holidays shall apply on a pro rata basis.

10.2 The provisions of this award with respect to shift allowance, weekend allowances, public holiday allowances and overtime shall apply as for full-time employees.

11. Mixed Functions

11.1 An employee employed for two hours or more per day or ten hours or more per week for work other than on which the employee regularly is employed and for which a higher rate of pay is provided herein, shall receive such higher rate of pay for the whole day or the whole week, as the case may be, whilst so employed. If employed for less than two hours on any day, he/she shall receive such higher rate of pay whilst so employed.

11.2 No employee shall suffer any reduction in wages if temporarily employed on work other than that on which the employee is regularly employed and for which a lower rate of pay is provided for herein.

12. Overtime

12.1 Overtime shall mean all time worked before the fixed starting time or after the fixed ceasing time, or in excess of an average 36 hours per week and 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.

12.2 Overtime on a Sunday shall be paid for at the rate of double time and a half, with a minimum payment of four hours, for those workers not working as part of their normal rostered shift.

12.3 Overtime on a Saturday will be paid at the rate of time and one-half for the first two hours and double time thereafter, with a minimum payment of four hours, for those workers not working as part of their normal rostered shift.

12.4 The employer may require employees to work reasonable overtime to meet the needs of the business.

12.5 When overtime is worked it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

An employee (other than a casual employee) who works so much overtime between the termination of ordinary hours on one day and the commencement of ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times, shall be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at overtime rates until released from duty for such period.

This subclause shall not apply in respect to overtime worked on days when the employee is not rostered to work.

13. Meal and Rest Breaks

13.1 Meal Break - All employees working in excess of five hours shall be allowed a 30- minute period for a meal break. The time shall be fixed by the employer but once having been fixed shall not be altered without seven days’ notice or by mutual agreement. The meal break will be an unpaid break for day workers and will be a paid break for shift workers.

13.2 Rest Break - Employees working six hours will be allowed a paid rest break at a time set by the employer in addition to the meal break. Employees entitled to a meal break working less than six hours will be allowed a meal break only.

This clause seeks to fully describe the circumstances in which rest breaks are taken so as to record present practices as at 24 September 1998. Present practices at both sites are agreed and confirmed in this subclause.

Moorebank and Yennora -

Day Work - One 12-minute rest break taken in the first half of the rostered shift and one ten-minute paid rest break taken at the end of the shift (allowing employees to finish their rostered shifts ten minutes early).

Shift Work - One 12-minute paid rest break in the first half of the shift.

Moorebank Afternoon Shift - Shall have a further paid ten-minute rest break at the end of the shift (allowing employees to finish their rostered shifts ten minutes early).

Overtime Moorebank -

Day Shift - When working two hours or more overtime before their normal shift will be allowed a paid 12-minute rest break before the commencement of their shift.

Afternoon Shift - When working two hours or more overtime before their normal shift will be allowed a paid ten-minute rest break before the commencement of their shift.

Moorebank and Yennora -

Breaks Adjacent to Overtime - Subject to the above, rest breaks adjacent to overtime for both day work and shift work are unpaid.

13.3 An employee working overtime shall be allowed a paid meal break of 20 minutes after each five hours of overtime worked.

13.4 Should overtime continue in excess of five hours, a paid meal break of 20 minutes shall be allowed for each subsequent completed five hours worked, the said five hours to be calculated from the time of each recommencement of work.

13.5 An employee required to work eight hours or more overtime on a rostered day off or a non-rostered public holiday shall be allowed one 12-minute rest break and one 30-minute paid meal break

13.6 Provided that the employer and employees may mutually agree to any variation of this clause to meet the circumstances of the work in hand.

13.7 The rest breaks and meal breaks are inclusive of wash-up time with no wash-up time permitted at the end of each shift.

14. Meal Allowance

14.1 An employee who works overtime for more than one hour before the fixed starting time or after the fixed ceasing time of their regular rostered shift shall be paid for such day a meal allowance of an amount set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Such payment shall be paid by EFT and be included in the payment of weekly wages, as an after tax payment. This allowance will be indexed with future wage increases.

14.2 An employee who undertakes to work overtime nominated by their employer, then fails to work the full period of nominated overtime, shall forfeit the right to payment of the meal allowance.

15. Holidays

15.1 All statutory or gazetted public holidays observed generally throughout the State of New South Wales, being New Year’s Day, Australia Day, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight-hour Day, Boxing Day and an agreed picnic day being 30 August, shall be worked if they form part of an employee’s normal working roster.

15.2 The statutory or gazetted public holidays of Christmas Day and Good Friday will be observed as public holidays.

15.3 If employees are rostered to work on a public holiday, seven days’ notice will be provided if their employer does not require the employee to work. Notwithstanding the giving of such notice, employees rostered to work on a public holiday shall be paid their ordinary rate of pay for that day.

15.4 Employees working on public holidays as part of their normal work roster, other than Good Friday and Christmas Day, shall be paid 200 per cent for hours worked in addition to the ordinary hourly rate with a minimum of six hours, unless the employee’s rostered shift is less than six hours. This rate shall substitute for any shift or weekend allowances.

15.5 Employees working on Christmas Day or Good Friday shall be paid 300 per cent for hours worked in addition to the ordinary hourly rate with a minimum of six hours, unless the employee’s rostered shift is less than six hours. This rate shall substitute for any shift or weekend allowances.

15.6 Where a full-time employee who is entitled to an RDO and such RDO falls on a public holiday, they shall be entitled to one of the following:

(a) payment of an additional day’s wage;

(b) a substitute day which shall be a similar day eg Friday for Friday, provided that the day taken as a substitute RDO shall be determined by the employer, within a period of four weeks prior or subsequent to the public holiday occurring.

15.7 An employee absent without leave on the day before or the day after any holiday shall forfeit payment for such holiday, except where the employer is satisfied by a medical certificate the employee’s

absence was caused by illness; provided an employee absent on one day only either before or after a group of holidays shall forfeit wages for only one holiday.

15.8 The picnic day is not to be considered a closed day for the industry. Those full-time employees, who are employed as at 30 August with the mutual agreement between the employer and the employee, elect to:

(a) receive one extra day’s pay;

(b) have one day added to annual leave; or

(c) take an alternative day in lieu.

15.9 Part-time employees who are employed as at 30 August will be paid for the picnic day on a pro rata basis.

16. Annual Leave

16.1 See Annual Holidays Act 1944.

16.2 Employees engaged in seven-day continuous shift work (that is, full-time employees who may be rostered to work ordinary hours on any days of the week including Saturdays, Sundays and public holidays) will receive one week’s leave in addition to that prescribed by the Annual Holidays Act 1944.

16.3 An employee at the time of commencing annual leave, in accordance with the said Act, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable of 25 per cent, calculated on the ordinary weekly time rate of pay and shall include any shift allowances but shall not include commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

16.4 The loading prescribed herein shall be paid on termination of employment where the annual leave, which has become due to the employee, is outstanding at the time of termination.

16.5 The provisions of subclause 16.4 of this clause shall not apply where an employee is dismissed for misconduct, nor shall it apply to pro rata holiday pay paid on termination of employment.

17. Long Service Leave

See Long Service Leave Act 1955.

18. Sick Leave

18.1 An employee who, after not less than three months’ continuous service with the employer, is unable to attend for duty during their ordinary working hours by reason of personal illness or incapacity, including incapacity resulting from injury within the meaning of the Workplace Injury Management & Workers Compensation Act 1998 or Workers Compensation Act 1988, not due to their own serious and wilful misconduct, shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendances. Provided that once an employee has had three months’ continuous service with an employer, they shall be paid for the time of such non-attendance during the first three months. Provided, however, that they shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers’ compensation.

18.2 The employee shall, prior to the commencement of such absence or as soon as possible, inform the employer of their inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the incapacity.

18.3 The employee shall not be entitled to payment unless the employee provides proof, satisfactory to their employer, that the employee was unable on account of such illness to attend for duty on the day or days for which payment under this clause is claimed.

18.4 The employee shall not be entitled to sick leave in excess of the following:

In the first year - 44 hours.

In the second year and up to and including the fourth year of employment - 60 hours.

In the fifth year and thereafter - 72 hours.

The rights under this clause accumulate from year to year so that any part of a week, which has not been allowed in any year, may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in a subsequent year of employment.

18.5 An employee who is absent without leave on the working day before or after a rostered day off shall be liable to forfeit wages for the working day except where the employee produces medical evidence that is satisfactory to the employer, to the extent that the absence was caused through personal illness or injury.

18.6 No employee shall be retired on the grounds of ill health until their accumulated sick leave credits have been exhausted or unless the cash value of the accumulated sick leave credit has been paid to the employee on termination of employment.

18.7 Entitlements within this clause do not extend to an employee on their rostered days off.

18.8 Employees under this award shall in any year of employment, be allowed two separate single days absence on account of personal illness or injury without production of proof of such illness or injury.

18.9 All other sick leave shall be subject to proof as provided in subclause 18.3 of this clause.

18.10 All employees shall, when returning to work after an absence, report to their respective Supervisor and, where necessary, inform the Supervisor of the reason for the absence.

18.11 Provided that where an employer has reasonable proof to suspect that an employee has abused their entitlements under this subclause, the employer and the Union shall investigate and discuss the matter.

19. Bereavement Leave

19.1 An employee on the death of a person prescribed in subclause 22.1(a)(iii) will be entitled on notice to leave including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days work. In the case of attendance of a funeral of such relation outside Australia, such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in five ordinary days’ work. Proof of such death shall be furnished by the employee to the satisfaction of their employer, if so requested, together with proof of attendance in the case of a funeral outside Australia.

19.2 Where the death of a named relative herein occurs outside Australia and the employee does not attend the funeral, the employee shall be entitled to one day only, unless they can demonstrate to their employer that additional time up to a period of three days was justified.

19.3 Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

19.4 For the purpose of this clause, the words "wife" and "husband" shall not include a wife or husband from whom the employee is legally separated but shall include a person who lives with the employee as a de facto wife or husband.

19.5 Entitlements under this clause do not extend to an employee on their rostered day off.

20. Workers’ Compensation

20.1 See Workplace Injury Management & Workers Compensation Act 1998 or Workers Compensation Act 1988 or any Act that may replace the said acts.

21. Parental Leave

See Parental Leave Provisions of the Industrial Relations Act 1996.

22. Family Leave

22.1

(a) Use of Sick Leave

(i) An employee with responsibilities in relation to a class of person set out in section (2) of subparagraph (iii) of this subclause who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after 20 March 1996 for absences to provide care and support for such persons when they are ill.

(ii) The employee shall, if required, establish by production of a medical certificate or statutory declaration the illness of the person concerned.

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

(1) the employee being responsible for the care and support of the person concerned; and

(2) the person concerned being:


(b) 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

(c) 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


(e) a relative of the employee who is a member of the same household where, for the purposes of this paragraph:

"relative" means a person related by blood, marriage, affinity;

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

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

(iv) An employee shall, wherever practicable, give the employer 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 employer by telephone of such absence at the first opportunity on the day of absence.

(b) Unpaid Leave for Family Purpose

(i) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person, set out in section (2) of subparagraph (iii) of paragraph (a), who is ill.

(c) Annual Leave

(i) To give effect to this clause, but subject to the Annual Holidays Act 1944 an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed upon by the parties.

(ii) Access to annual leave, as prescribed in subparagraph (i) of this paragraph shall be exclusive of any shutdown period provided for elsewhere under the award.

(iii) An employee and employer may agree to defer payment of the annual leave loading, in respect of single-day absences, until at least five consecutive annual leave days are taken.

(d) Time Off in Lieu of Payment for Overtime

(i) An employee may elect, with the consent of the employer, to take time in lieu of payment for overtime at a time or times agreed upon with employer.

(ii) 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.

(iii) An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime in the award for any overtime worked under paragraph (i) of this subclause where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer an employee must elect, within six months of accrual, whether to take overtime worked under the said paragraph (i) as an overtime payment or as time off worked at the ordinary-time rate of pay.

(e) Make-up Time

An employee may elect, with the consent of their employer, 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 the award, at the ordinary rate of pay.

(f) Grievance Process

In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with clause 31, Settlement of Disputes.

23. Jury Service

23.1 An employee shall be allowed leave of absence during any period when required to attend for jury service. During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee’s ordinary rate of pay as if working.

23.2 An employee shall be required to produce to their employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give their employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

23.3 Entitlements under this clause do not apply to an employee on a rostered day off.

24. Fares and Travelling Time

24.1 Employees temporarily transferred shall be reimbursed any extra fares or expenses involved, together with payment for all extra time spent travelling.

25. Terms of Engagement

25.1 Employment shall be on a weekly basis, except casuals who shall be on an hourly basis.

25.2 Employment of full-time, part-time and casual employees during the first three months of service shall be probationary and from day to day at the pro rata weekly rate, terminable by a day’s notice on either side, but the employer shall indicate clearly to an employee at the time of engagement whether the employee is being engaged as a casual employee, a full-time or part-time employee.

25.3 Subject to subclause 25.5, employment after the first three months shall be terminable upon the giving of one week’s notice or payment in lieu thereof.

25.4 Formal Counselling Procedure - Employees, other than probationary employees will be subject to a formal counselling procedure before termination of employment may take place. The procedure being:

(a) First Counselling - explaining reasons with a Union Delegate present if so requested by the employee.

(b) Second Counselling - explaining reasons with a Union Delegate present if so requested by the employee.

(c) Dismissal - explaining reasons with a Union Delegate present if so requested by the employee.

(d) Written details will be kept of all meetings.

(e) A copy of the written details referred to in paragraph (d) of this subclause will be forwarded to the employee and the Secretary of the Union in respect of employees who are members of the Union.

(f) The employer will, if requested to by the Union, discuss with the Union the length of time the employer regards the warning as being current for the purposes of the first and second steps of the procedure referred to above.

25.5 In the case of misconduct justifying instant dismissal, an employee may be instantly dismissed.

26. Superannuation

26.1 See the Storemen and Packers - Grocery and Variety Warehouse (State) Superannuation Award, published 22 February 1991 (261 I.G. 426).

27. First-Aid

27.1 See Occupational Health and Safety Act 1983, and Regulations.

27.2 A qualified first-aid attendant who is appointed to carry out the duties of a qualified first-aid attendant shall be paid per week as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the appropriate rate. This allowance will be indexed with future wage increases.

27.3 When a relief qualified first-aid attendant is required to be appointed under the Act they shall be paid the said additional allowance whilst engaged on such relief on a pro rata basis.

28. Dirty Work

28.1 An employee engaged in the physical handling, sorting and attempted recovery of broken and damaged stock within the recognised central damaged stock area shall be paid per hour for each hour so employed a dirty work allowance of an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

28.2 This special rate is a flat payment and shall not be taken into account when calculating any other payments to which the employee may be entitled.

28.3 This special rate will be indexed with future wage increases.

29. Attendance at Repatriation Centres

29.1 Employees being ex-service personnel, shall be allowed as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; provided that:

(a) such lost time does not exceed four hours on each occasion;

(b) payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of each such visit;

(c) the employee produces satisfactory evidence to their employer that the employee is so required to and subsequently does attend a repatriation centre.

29.2 Entitlements under this clause do not extend to an employee on a rostered day off.

30. General Conditions

30.1 Each employee on the termination of engagement shall, on request, be given a statement, in writing, stating the position held by the employee and the length of service.

30.2 Employees shall be provided with reasonable dining accommodation, locker change rooms, adequate washing and toilet facilities and a plentiful supply of hot water and refrigerated water for drinking.

30.3 Adequate waterproof clothing shall be supplied to all employees working in the rain.

31. Settlement of Disputes

31.1 Any dispute arising out of employment shall be referred by the Union Delegate to the employers' representatives appointed for this purpose.

31.2 Failing settlement at this level between the employer and the Union Delegate on the job, the Union Delegate shall refer the dispute within 24 hours to the Union Organiser, who will take up the matter with the employer.

31.3 All efforts shall be made by the employer and the Union Organiser to settle the matter but, failing settlement, the Union Organiser shall refer the dispute to the Union Secretary and the employer shall refer the dispute to the Australian Retailers Association, NSW Division (ARA-NSW) and the Union Secretary shall take the matter up with the ARA-NSW.

31.4 During the discussions, the status quo shall remain and work shall proceed normally. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter-giving rise to the dispute.

31.5 At any time either party shall have the right to notify the dispute to the Industrial Registrar.

32. Union Delegates

32.1 Where an employee is elected as a Union Delegate by their fellow employees and the Union notifies the employer, the Union Delegate shall be allowed by the employer such time as is necessary to interview the employer or its representatives on matters affecting the employees represented.

33. Right of Entry

33.1 See Industrial Relations Act 1996, Chapter 5, Part 7 (entry and inspection by officers of industrial organisations) or any legislation replacing that provision.

34. No Extra Claims

34.1 It is a term of this award that both parties undertake for the duration of the award not to pursue any extra claims unless in accordance with the State Wage Case. Both parties recognise that the wages as expressed incorporate payments due under the Minimum Rates Principle.

35. Flexibility

35.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.

35.2 Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

35.3 Employees shall not impose any restrictions or limitations on a reasonable review of work methods. All reviews carried out by the employer will take into account the potential impact on occupational health and safety.

36. Anti-Discrimination

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

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

36.3 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.

36.4 Nothing in this clause is to be taken to affect:





36.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES



"Nothing in this 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".

PART B

MONETARY RATES

Adult Basic Wage: $121.40 per week

Table 1 - Wages

Classification As at24.9.98

$

As at24.9.99

$

As at24.9.2000

$Moorebank Warehouse -Storeperson Grade 4 550.88 576.54 602.21Storeperson Grade 3 550.88 576.54 602.21Storeperson Grade 2 564.28 590.29 616.30Storeperson Grade 1 578.03 608.22 638.42Leading Hand 604.13 635.32 666.52Yennora Warehouse -Storeperson Grade 4 559.19 580.70 602.21Storeperson Grade 3 559.19 580.70 602.21Storeperson Grade 2 572.28 594.29 616.30Storeperson Grade 1 592.82 615.62 638.42Leading Hand 618.92 642.72 666.52


Item No.

Clause No.

Brief Description As at24.9.98

$

As at24.9.99

$

As at24.9.2000

$1 7.3 Cleaning duties

Allowance (Yennora Warehouse)

0.35 per hour 0.35 per hour 0.35 per hour

2 14.1 Meal Allowance 8.05 8.36 8.673 27.2 First Aid Allowance 14.69 per week 15.26 per week 15.83 per

week4 28.1 Dirty Work Allowance 0.34 per hour 0.35 per hour 0.37 per

hour

T. M. KAVANAGH J.

____________________

Printed by the authority of the Industrial Registrar.(634) SERIAL C0890

SUGAR FIELD WORKERS (STATE) CONSOLIDATED AWARD


Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

(No. IRC 3737 of 2001)

Before Deputy President Grayson 22 and 25 June 2001

VARIATION

1. Delete subclause (i) of clause 4, Safety Net Commitments, of the award published 16 March 2001 (323 I.G. 64), as varied, and insert in lieu thereof the following:

(i) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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.

2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Rates of Pay

Classification Base Rate$

2001 SWC$

Total Rate$

Field Workers: From 14 to 16 years of age (50%) 209.35 6.50 215.85From 16 to 18 years age (60%) 251.20 7.80 259.00From 18 to 19 years of age (70%) 293.10 9.10 302.20Over 19 years of age with:Less than 12 months experience 402.50 13.00 415.50More than 12 months experience 418.70 13.00 431.70Mechanical Harvesting:Field Assistant/Mechanical Harvesting 422.80 13.00 435.80Infield Buggy Driver 446.00 13.00 459.00MHO Grade 3 (Less than 12 months experience 455.40 13.00 468.40MHO Grade 2 (more than 12 months experience) 467.60 13.00 480.60Rural Tradesperson/MHO Grade 1 492.20 15.00 507.20

Table 2 ¾ Other Rates and Allowances

Item No. Clause No. Brief Description Existing Allowance$

Amount$

1 3(ii)(a) Oil tractors 0.25 per hour 0.26 per hour2 3(ii)(b) Cleaning drains 0.41 per hour 0.42 per hour3 3(ii)(c) Wet places 2.22 per day 2.29 per day4 3(ii)(d) Working in water 45 cm - 90 cm

Over 90 cm2.78 per day2.99 per day

2.86 per day3.08 per day

5 3(ii)(e) Working in slurry 2.01 per day 2.07 per day6 3(ii)(g) Repairing mechanical equipment 0.38 per hour 0.39 per hour7 3(ii)(h) Field conditions allowance 0.57 per hour 0.59 per hour8 21(i) Fare and travelling 0.46 per km 0.48 per km

Note: These allowances are contemporary for expense related allowances as at 30 March 2001 and for work related allowances are inclusive of adjustment in accordance with the May 2001 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

3. This variation shall take effect from the beginning of the first full pay period to commence on or after 18 July 2001.

J. P. GRAYSON D.P.

____________________


(518) SERIAL C0866

PARKING ATTENDANTS, &c. (STATE) CONSOLIDATED AWARD


Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 3933 of 2001)

Before Commissioner Tabbaa 26 June 2001

VARIATION

1. Delete clause 6, Wages, of the award published 8 December 2000 (320 I.G. 1171), as varied, and insert in lieu thereof the following:

6. Wages

(i) The minimum adult weekly rates of pay for each classification, are as set out in Table 1 - Wages, of Part B, Monetary Rates.

(ii) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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.

2. Delete Part B, Monetary Rates and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages

Weekly Rates For Full Time EmployeesA B C

Award Classification

Relativity to Metal Industry Tradesperson

Former Rates per week$

SWC 2001per week$

Total Ratesper week$

Parking Attendant 82.0% 417.10 13.00 430.10

Table 2 - Other Rates And Allowances

Item Clause No. Brief Description AmountPayable

1 6A(i)(a) & (b) Meal Allowance $6.85 per meal2 6A(i)(c) Employee in Charge Allowance $25.60 per week3 6A(i)(d)(1) First Aid Allowance - Weekly Employee $11.50 per week

4 6A(i)(d)(2) First Aid Allowance - Other Employee $2.25 per shift5 6A(i)(e)(1) Laundering Allowance - Weekly Employee $9.15 per week6 6A(i)(e)(2) Laundering Allowance - Other Employee $1.85 per shift

3. This variation shall take effect from the first full pay period commencing on or after 9 July 2001.

I. TABBAA, Commissioner.

____________________


(582) SERIAL C0874

SADDLERY, LEATHER, CANVAS AND PLASTIC MATERIAL WORKERS (STATE) AWARD


Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 3935 of 2001)

Before Commissioner Tabbaa 26 June 2001

VARIATION

1. Delete subclause (2) of clause 4, Wage Rates, of the award made 25 June 2001, and insert in lieu thereof the following:

(2) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:


(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.


PART B

MONETARY RATES

Table 1 - Rates of Pay

GroupFormer Rate

per week$

SWC 2001$

New Rateper week

$A 455.70 13.00 468.70B 452.00 13.00 465.00C 449.80 13.00 462.80D 445.80 13.00 458.80E 434.80 13.00 447.80F 429.10 13.00 442.10G 426.90 13.00 439.90H 425.80 13.00 438.80I 423.10 13.00 436.10J 419.80 13.00 432.80K 418.10 13.00 431.10L (all others) 417.00 13.00 430.00L (glove manufacturer with less than 6 months' experience) 411.90 13.00 424.90M 409.40 13.00 422.40


Item No. Clause No. Brief Description Amount$

1 4(e) Leading Hand 1 to 5 employees 19.60 per week

2 4(e) Leading Hand 6 to 10 employees 24.70 per week

3 4(e) Leading Hand 11 or more employees 33.90 per week

4 4(f) First-aid 8.00 per week

5 7(a) Repairing harness - offensive nature 0.35 per hour

6 7(b) Repairing canvas - offensive nature 0.34 per hour

7 8(b) Operating a forklift 0.40 per hour

8 12(c) Meal allowance - more than one and one-half hours' overtime 8.909 12(c) Meal Allowance - Where employee has provided a meal and is

not required to work 8.15

3. This variation shall take effect from the beginning of the first full pay period to commence on or after 31 August 2001.

I. TABBAA, Commissioner.

____________________


(710) SERIAL C0870

WHOLESALE FRUIT AND VEGETABLE EMPLOYEES'(STATE) AWARD


Application by Shop, Distributive and Allied Employees' Association, New South Wales, industrial organisation of employees.

(No. IRC 3699 of 2001)

Before the Honourable Justice Schmidt 6 June 2001

VARIATION

1. Delete clause 17, Arbitrated Safety Net Adjustment, of the award published 8 September 2000 (318 I.G. 552), as varied, and insert in lieu thereof the following:

17. Arbitrated Safety Net Adjustment

(a) The rates of pay in this award include the adjustments payable under the State Wage Case of 2001. These adjustments may be offset against:

(i) any equivalent over award payments, and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.



PART B

MONETARY RATES

Table 1 - Wages(i)

Classification 1st MRA effective 20/3/96$

2nd MRA effective from 14/02/97$

2nd ASNA effective 14/05/97$

SWC August1997$

SWC June1998$

Total Rate as at17/07/98$

Total Rate as at 17/10/98(including 3rd MRA)$

SWC June 1999

$

Total Rate as at 17/07/99

$

Total Rate as at 17/10/99 (including 4th MRA)$

SWC2000

$

TotalRateas at17/07/00

$

SWC 2001

$

Total Rate as at 17/07/01

$

Head Salesperson (Foreperson) 439.90 449.10 8.00 10.00 14.00 481.10 490.30 12..00 502.30 511.70 15.00 526.70 15.00 541.70Banana Ripener 383.60 391.80 8.00 10.00 14.00 423.80 432.00 12.00 444.00 452.20 15.00 467.20 13.00 480.20Salesperson 369.90 377.10 8.00 10.00 14.00 409.10 416.30 12.00 428.30 435.80 15.00 450.80 13.00 463.80Forklift Driver 358.30 366.20 8.00 10.00 14.00 398.20 406.10 12.00 418.10 426.30 15.00 441.30 13.00 454.30General Assistant 333.40 342.70 8.00 10.00 14.00 374.70 384.00 12.00 396.00 405.40 15.00 420.40 13.00 433.40


(ii)

Classification 1st MRA 2nd MRA 3rd MRA 4th MRA MRA 20/3/96 14/2/97 17/10/98 9/99 Relativit

y$ $ $ $ $

Head Base 391.90 391.90 391.90 391.90 110.0Salesperson Suppl. 48.00 57.20 66.40 75.80 (Foreperson) Total 439.90 449.10 458.30 467.70Banana Base 342.00 342.00 342.00 342.00 96.0Ripener Suppl. 41.60 49.80 58.00 66.20

Total 383.60 391.80 400.00 408.20Salesperson Base 328.30 328.30 328.30 328.30 92.14

Suppl. 41.60 48.80 56.00 63.50Total 369.90 377.10 384.30 391.80

Fork Lift Base 320.30 320.30 320.30 320.30 89.9Driver Suppl. 38.00 45.90 53.80 62.00

Total 358.30 366.20 374.10 382.30General Base 302.90 302.90 302.90 302.90 85.0Assistant Suppl. 30.50 39.80 49.10 58.50

Total 333.40 342.70 352.00 361.40

3. This variation shall take effect from the first full pay period to commence on or after 17 July 2001.

M. SCHMIDT J.

____________________



(256) SERIAL C0932

CROWN EMPLOYEES (SKILLED TRADES) AWARD


Application by the Construction, Forestry, Mining and Energy Union, New South Wales, industrial organisation of employees.

(No. IRC 6019 of 2001)

Before the Honourable Justice Schmidt 18 September 2001

VARIATION

1. Delete from Table 2 - Tool Allowances of Part B, Rates and Allowances, of the award published 22 June 2001 (325 I.G. 749), the undermentioned classifications and tool allowances prescribed therefore and insert in lieu thereof the following:

Item No.

Clause No. Brief Description Amount Per week

1 5 Tool AllowancesBlacksmith 20.90Bodymaker, First Class 20.90Boilermaker and/or Structural Steel Tradesperson 20.90Bricklayer 14.80Bridge and Wharf Carpenter and/or Civil Engineering Construction Carpenter 20.90Cabinet Maker 8.50Carpenter 20.90Drainer 20.90Farrier 20.90Fitter 20.90Forger and/or Faggoter 20.90Machinist, First Class (Metal Trades) 20.90Machinist (Metal Trades) Special Class 20.90Marker Off 20.90Motor Mechanic 20.90Painter 5.20Panel Beater 20.90Patternmaker 20.90Plant Mechanic 20.90Plasterer 17.20Plumber 20.90Plumber and Gasfitter 20.90Plumber, Gasfitter and Drainer 20.90Sewing Machine Mechanic 20.90Sheetmetal Worker, First Class 20.90Shipwright/Boatbuilder 20.90Signwriter 5.20Slater and Tiler 10.90Stonemason 20.90Stonemason-Carver 20.90


Tilelayer 14.80Toolmaker 20.90Toolsmith 20.90Trimmer (Motor) 20.90Turner 20.90Vehicle Builder 20.90Watchmaker 6.90Welder, Special Class 20.90Welder, First Class 20.90

2. Delete from Table 3 - Other Allowances, Items 49 to 58, inclusive, and Items 62 to 63, inclusive, and insert in lieu thereof the following:

Item no Clause Brief Description AmountNo.

49 8.1 Excess fares and travelling time to and from lace of work 16.10 p.d.50 8.1.1 If employer provides or offers to provide transport free of charge 6.50 p.d.51 8.2 Excess fares and travelling to and from work:

- first year apprentices (or probationers) 13.30 p.d.- to all other apprentices 15.60 p.d.

52 8.2.1 If employer provides or offers to provide transport free of charge- to first year apprentices 5.40 p.d.- to all other apprentices 6.40 p.d

53 9.3.3 Meal allowance:- after working in excess of four hours 9.30- for each subsequent meal 7.70

54 9.8 Tea Money:- required to work overtime for one and a half hours or morewithout being notified on the previous day or earlier, for a meal 9.30- after each four hours on continuous overtime, for each meal 7.70

55 14.4 Expenses of reaching home and of transporting tools from distant work

16.10

56 14.5.1 Allowance for board and lodging:- while on distant work 308.50 p.w.- for broken parts of week 44.10 p.d.

57 14.6` Camping allowance 17.90 p.d58 14.7 Returning home for the weekend from distant work 27.1062 22.6.2 Supply of boots 26.80

Accrual of credit 1.30 p.w63 23.2 Reimbursement for loss of tools 1,215.00

3. This variation shall take effect from the first full pay period to commence on or after 18 September 2001.

M. SCHMIDT J.

____________________



(776) SERIAL C0853

PASTRYCOOKS (SPECIFIED WHOLESALERS) AWARD


Application by the National Union of Workers, New South Wales Branch, industrial organisation of employees.

(No. IRC 5078 of 2001)

Before Commissioner Bishop 13 August 2001

VARIATION

1. Delete paragraph (a), Adults, of subclause (i) Full-time Employees, of clause 2, Wages, of Part 2, Appendix 1 - Specified Wholesalers, of the award published 14 September 2001 (327 I.G. 819), as varied, and insert in lieu thereof the following:

(a) Adults - Any employee 21 years of age or over shall be paid not less than the minimum award wage rates of pay set out opposite the classification in which the employee is allocated by the employer:

Classification

Former award wage rateper week 6 October 2000

$

Minimum award wage rate per week 6 October 2001

$Foreperson/Supervisor 500.90 515.90Pastrycook/Tradesperson ¾Employed Ornamenting 473.70 486.70Pastrycook/Tradesperson 471.40 484.40Pastrycook/Other 444.40 457.40Head Packer 484.10 497.10Stackerman (Licensed) 451.70 464.70Motor Van Driver 447.10 460.10Checker/Loader 432.20 445.20Packer Group 1 429.70 442.70Packer Group 2 421.40 434.40Assistant Group 1 431.80 444.80Assistant Group 2 425.80 438.80Assistant Group 3 421.00 434.00

2. Delete paragraph (c), Apprentices, of the said subclause (i), and insert in lieu thereof the following.

(c) Apprentices - The minimum rate of pay for apprentices shall be ascertained by applying the rate of pay set out opposite the year of an apprentice's indenture.

ClassificationFormer award rate per week 6 October 2000$

SWC Case 2001$

Minimum award wage rate per week6 October 2001$

1st year 239.90 7.20 247.102nd year 273.00 8.20 281.203rd year 313.50 9.40 322.904th year 381.10 11.40 392.50


3. Delete subclause (b) of clause 3, Arbitrated Safety Net Adjustments, of the said Part 2, and insert in lieu thereof the following:

(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:


(ii) award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.

4. Delete subclauses (h), (i), (j), (k), (l), (m) and (o) of clause 6, Allowances, of the said Part 2, and insert in lieu thereof the following:

(h) Leading Hands - An employee appointed by the employer as a leading hand shall receive the following weekly allowance in addition to the appropriate rate of pay for the employee's classification:

In Charge of Per Week ($)10 employees or less 15.7511 to 20 employees 28.8520 employees or more 33.85

(i) Freezer/Cool Room - An employee who during the course of employment is mainly required to work in freezers, shall be paid:

(1) between 0 degrees Celsius and 8 degrees Celsius (inclusive) - $2.65 per day extra;

(2) between 0 degrees Celsius and minus 18 degrees Celsius (inclusive) - $4.45 per day extra;

(3) below minus 18 degrees Celsius - $7.35 per day extra.

In addition, an employee required to work in temperatures below 7.2 degrees Celsius shall be provided with suitable headgear, gloves and protective clothing.

(j) First-aid - An employee appointed by the employer as a first-aid attendant and who is qualified shall be paid $9.90 per week extra.

(k) Meal - An employee required to work overtime for more than 2 hours after finishing time on any day shall be paid $8.80 for meal money, unless 24 hours' notice has been given.

(l) Laundry - Uniforms where required by the employer shall be supplied by the employer. Where the employee is required to wear and launder a uniform, the employee shall receive $6.66 per week extra.

(m) Collecting Monies - An employee employed as a motor van driver when collecting cash for the employer shall be paid $5.94 per week extra. In addition, the employer shall provide a suitable cash bag.

(o) Apprentices - An apprentice who obtains and hands to the employer a certificate or statement of having passed the yearly technical college examination shall be paid $4.65 per week for the ensuing 12 months. Every apprentice who successfully completes the 2 1/2 year trade course shall be paid $12.90 per week.


5. This variation shall take effect from the first pay period commencing on or after 6 October 2001.

E. A. R. BISHOP, Commissioner.

____________________
