industrial gazette - NSW Department of Justice

Vol. 348, Part 6 25 February 2005 Pages 670 - 953

NEW SOUTH WALES

INDUSTRIAL GAZETTE

Printed by the authority of the Industrial Registrar

50 Phillip Street, Sydney, N.S.W. ISSN 0028-677X

CONTENTS

Vol. 348, Part 6 25 February 2005

Pages 670 - 953

Page

Awards and Determinations -

Awards Made or Varied -

Aged Care General Services (State) (VSW) 911 Boiling Down and By-Products (Cumberland) Consolidated (AIRC) 805 Bread Industry (State) (VSW) 880 Building and Construction Industry (State) (VSW) 837 Building Crane Drivers (State) (VSW) 870 Building Employees Mixed Industries (State) (VSW) 845 Button Makers, (State) (VSW) 947 Charitable Institutions (Professional Staff Social Workers) (State) (VSW) 884 Clerical and Administrative Employees (BlueScope Steel Limited - Port Kembla)

(VSW)

876

Clerical and Administrative Employees (State) (VSW) 898 Clerical and Administrative Employees in Temporary Employment Services (State)

(VSW)

933

Clerical and Administrative Employees, Hire Cars and Taxis (State) (VSW) 895 Clerical Industry (State) Training Wage (VSW) 901 Coachmakers, &c., Rail (State) (VSW) 882 Commercial Travellers, &c. (State) (VSW) 926 Crown Employees (Department of Juvenile Justice - Detention Centres 2002)

(AIRC)

743

Crown Employees (Home Care Service of New South Wales - Administrative Staff - Training Wage) Award 2004

(RIRC)

695

Crown Employees (Jenolan Caves Reserve Trust) Salaries (RIRC) 670 Crown Employees (Lord Howe Island Board Salaries and Conditions 2004)

(RIRC)

707

Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2004

(AIRC)

765

Engine Drivers, &c., General (State) (VSW) 872 Friction Materials, &c., Manufacture (State) (VSW) 906 Glass Workers (State) (VSW) 850 Government Railways (Building Trades Construction Staff) (VSW) 857 Government Railways (Building Trades Maintenance Staff) (VSW) 862 Graduate-at-Law (State) (VSW) 925 Health, Fitness and Indoor Sports Centres (State) (VSW) 888 Joiners (State) (VSW) 854 Local Government (Electricians) (State) (VSW) 915 Malthouses (State) (VSW) 946 Miscellaneous Workers' - Independent Schools and Colleges, &c. (State)

(VSW) 885

Miscellaneous Workers' - Kindergartens and Child Care Centres, (State)

(VSW)

893

Northcott Society (State), The (VSW) 917 Nursing Homes Professional Employees (State) (VSW) 930 Photographic Industry (State) (VSW) 908 Plant, &c., Operators on Construction (State) (VSW) 867 Plasterers, Shop Hands and Casters (State) Consolidated (VSW) 874

Plastic Moulding, &c. (State) (VSW) 935 Poultry Industry Preparation (State) (VSW) 928 Private Hospital Professional Employees (State) (VSW) 940 Public Hospital (Training Wage) (State) (VIRC) 949 Pyrotechnics, &c. (State) (VSW) 938 Richmond Fellowship of New South Wales (State) Award 1999, The (VSW) 923 Rinker Group t/as Readymix Holdings Pty Ltd South Coast Transport (State) Award 1997

(RIRC)

727

School Support Staff (Catholic Schools) (State) Training Wage Award 2001

(VSW)

904

Spotless Services BlueScope Steel Site Cleaning Award 2004 (AIRC) 823 Sydney Light Rail (State) Award 1997 (VSW) 944 Transport Industry - Mixed Enterprises Interim (State) (VSW) 890 University Unions (State) (VIRC) 952 Wholesale Fruit and Vegetable Employees' (State) (VSW) 878

Obsolete Awards -

Boral Bricks (Badgerys Creek) Mechanical Maintenance Award 1994 953

N.S.W. INDUSTRIAL GAZETTE - Vol. 348 25 February 2005

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(1405) SERIAL C3076

CROWN EMPLOYEES (JENOLAN CAVES RESERVE TRUST) SALARIES AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1785 of 2004)

Before The Honourable Mr Deputy President Harrison 6 August 2004

REVIEWED AWARD

1. Arrangement

Clause No. Subject Matter

1. Arrangement 2. Title of Award 3. Definitions 4. Parties 5. Intentions 6. Salaries 7. Loadings 8. Allowances 9. Hours 10. Rosters - Visitor Services Staff 11. Shift Work - Visitor Services Staff 12. Rest Breaks 13. Temporary Employees 14. Casual Employment 15. Overtime 16. Appointments 17. Consultation 18. Grievance Procedures 19. Anti Discrimination 20. Association Subscriptions 21. Savings 22. Area and Incidence 23. Duration

Schedule A Schedule B Schedule C

Supplementary Schedule C1 Supplementary Schedule C2

Schedule D Schedule E Schedule F

2. Title of Award

This award shall be known as the Crown Employees (Jenolan Caves Reserve Trust) Salaries Award.


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3. Definitions "Trust" shall mean the Jenolan Caves Reserve Trust, constituted under the National Parks and Wildlife Act 1974. "Employee" shall mean any person engaged to work, permanently or otherwise, for the Jenolan Caves Reserve Trust, under the provisions of the National Parks and Wildlife Act 1974. "Temporary Employee" shall mean a person who is engaged for a period of time to undertake a specific task and/or is required to regularly work a number of ordinary hours each week. "Casual Employee" shall mean a person engaged and paid as such, where leave benefits do not accrue but are recognised in an enhanced rate of pay. "Association" shall mean the Public Service and Professional Officers’ Association Amalgamated Union of New South Wales. "Union" shall mean The Australian Workers' Union, New South Wales, the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and the Construction, Forestry, Mining and Energy Union (New South Wales Branch). "Administrative Service Staff" shall mean all persons employed to provide administrative, technical, resource and management services for the Trust, who are employed to work on a 35-hour a week basis. "Visitor Services Staff" shall mean all persons employed to directly provide for the maintenance or interpretation of the Karst Reserve to the public, who are employed to work on a 38-hour a week basis. "General Manager" shall mean the Chief Executive Officer of the Jenolan Caves Reserve Trust. "Base Rate" shall mean the rates of pay as set out in Schedule A.

4. Parties 4.1 This award has been entered into by the Jenolan Caves Reserve Trust of the one part and the Public

Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (hereinafter referred to as the "Association") representing all staff not employed as maintenance officers or tradespersons, the Australian Workers' Union, New South Wales, the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and the Construction, Forestry, Mining and Energy Union (New South Wales Branch) (hereinafter referred to as the "unions") representing labourers and tradespersons, of the other part.

5. Intentions

5.1 It is the intention of the parties that the award will partially regulate the terms and conditions of

employment of all employees, through the consolidation and annualisation of wages and salaries presently regulated by a number of industrial instruments.

5.2 The annualisation of payments to employees involves the consolidation of payments for:

penalty rates for working weekends (including Saturdays and Sundays) and public holidays per year; shift allowances and various trades allowances; annual leave loading.


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5.3 The parties to this award agree that the award will provide for improved efficiencies as set out in Schedule F in the operation, maintenance and display of caves in the Reserve, while creating a better paid and more interesting working environment through training and skills acquisition for staff, while providing a wider range of tasks through opportunities to work in different job classifications.

6. Salaries 6.1 Salaries shall be those as set out in Schedule D of this award. 6.2 The annual salary in the said Schedule D shall be paid for the purposes of superannuation and all paid

leave, except as provided in paragraph 6.2.1 of this subclause.

6.2.1 Extended leave will be paid at the base rate as set out in Schedule A of the position the employee is occupying at the time the leave is taken.

7. Loadings 7.1 Visitor Services Staff who work 42 weekends or less shall not be rostered to work more than ten

consecutive weekends, unless the employee agrees to do so. 7.2 Schedule C of this award particularises the loadings which, when added to the base rate, shall form the

annual salary. 7.3 Employees (other than casual employees) referred to in Schedule C1, who agree to work more

weekends and public holidays than those prescribed, will be paid penalty rates on the base rate as follows for working on a:

Saturday - a 50% loading for each additional day worked. Sunday - a 75% loading for each additional day worked. Public holiday - a 150% loading for each additional day worked.

7.4 Employees referred to in Schedule C1 who agree to work more weekends and/or public holidays than

those prescribed, will be paid an additional loading component with any loading component to which they may already be entitled, on the following bases:

Number of additional ordinary shifts worked on Additional Payment Sundays and/or public holidays in any 12-month period commencing with this award

4-10 1/5 of one week's ordinary salary 11-17 2/5 of one week's ordinary salary 18-24 3/5 of one week's ordinary salary 25-31 4/5 of one week's ordinary salary

32 or more one week's ordinary salary 7.5 Where, as a consequence of being on leave without pay, an employee has not worked the number of

weekends and/or public holidays prescribed, the employee will have the relevant component to which they may not be entitled deducted from salary on the basis of the table above.

7.6 The salary deduction referred to in subclause 7.5 shall be commenced in December of each year by the

second pay day, and shall not be deducted at a rate greater than five per cent of the employee's gross fortnightly pay.

7.7 The additional payment referred to in subclauses 7.3 and 7.4 shall be made by the second pay day in

December of each year, provided that:


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(a) Where the employment of an employee is terminated or that employee retires, the employee shall

be entitled to be paid the payment accrued under subclauses 7.3 and 7.4 on a pro rata basis from the commencement of the first pay day in December of each year, until the date of termination or retirement; and

(b) payment shall be at the rate applying as at the date of termination or retirement.

8. Allowances

8.1 With the exception of allowances listed herein or in Schedule C2 of this award, all allowances contained

within the Public Service of NSW Personnel Handbook shall be paid as applicable. 8.2 The allowances paid to employees for utilising basic skills, occupying key positions and being "on call"

as required, are set out in Schedule E. 8.3 The following allowance, as prescribed by relevant awards, which are not included for staff in Schedule

C2, shall be paid to staff on an incidence basis: Chokage Allowance - Crown Employees (Skilled Trades) Award.

9. Hours

9.1

9.1.1 Flexible Leave - The parties agree that an appropriate level of service be maintained between the hours of 8.30 a.m. and 5.00 p.m. on weekdays.

9.1.2 Ordinary hours of work shall mean:

(a) for Administration Services staff, 35 hours per week over a 140-hour, four-week cycle,

Monday to Friday; and (b) for Visitor Services staff, 38 hours per week over a 152-hour, four-week cycle, Tuesday

to Monday.

9.1.3 Bandwidth shall mean the times of day between which the ordinary hours of work may be carried out. Those hours being the 12 hours between 7.00 a.m. and 7.00 p.m.

9.1.4 Core time shall mean:

(a) For Administration Services staff, the period of time when an employee must be on duty,

being between the hours of 9.30 a.m. and 3.30 p.m., exclusive of the meal break. (b) For Visitor Services staff:

(i) For staff employed to provide for the interpretation of the Caves Reserve, 9.30

a.m. to 4.30 p.m., exclusive of a meal break; and (ii) for staff employed to provide for the maintenance of the Caves Reserve

infrastructure, a continuous period of a minimum of seven hours, inclusive of the meal break, commencing before 9.30 a.m.

9.1.5 The Trust may require an employee to perform duty beyond the hours determined under

subclause 9.1.3 of this clause for employees working a flexible working hours scheme and for employees working a shift, all work performed in excess of 7.6 hours, but only if it is reasonable for the employee to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the employee working


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unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

(1) the staff member’s prior commitments outside the workplace, particularly the staff

member’s family and carer responsibilities, community obligations or study arrangements;

(2) any risk to staff member health and safety; (3) the urgency of the work required to be performed during additional hours, the impact on

the operational commitments of the organisation and the effect on client services; (4) the notice (if any) given by the Department Head regarding the working of the additional

hours, and by the staff member of their intention to refuse the working of additional hours; or

(5) any other relevant matter.

9.1.6 Meal break shall mean an employee is entitled to a lunch break between the hours of 11.30 a.m.

and 2.30 p.m. of not less than 30 minutes. If the employee wishes to substantially extend the lunch break beyond one hour they must, in agreement with their supervisor, ensure the extension will not prevent an appropriate level of service being maintained.

9.1.6.1 For staff conducting tours which are programmed to last more than five hours, or

in cases of emergency, causing the tour to last more than five hours, they shall have a period of 30 minutes added to the time recorded as having been worked on that day.

9.1.7 At the end of each four-week cycle, a maximum of 10 hours debit or 14 hours credit may be

carried into the next four-week cycle. Hours in excess of a credit of 14 hours will be forfeited. Hours in excess of a debit of 10 hours will be debited against accrued annual or extended leave in multiples of one quarter day.

9.1.8 An employee may have one full day, plus one half day, or three half days flexible leave in a four-

week cycle, with the prior approval of their supervisor. 9.1.9 An employee who is unable to take flexible leave in any four-week cycle may "carry over" a

leave entitlement of one day or a half day into the next cycle. A maximum of five days’ flexible leave may be carried over in this manner into the next cycle.

9.1.10 Where flexible leave is carried over, the hours for the flexible leave carried over shall not be

included as credit hours for the purpose of paragraph 9.1.6. 9.1.11 Accumulated flexible leave, which is carried over, may be taken in a block with the prior

approval of the supervisor. 9.1.12 All flexible leave is to be taken between Monday and Friday, inclusive, excluding public

holidays. 9.2 No employee shall be required to work for a period of more than five hours continuously without

having a meal break. A morning or afternoon tea break does not breach a continuous period of work.

9.2.1 There shall be a paid morning tea break of ten minutes within the five hours of commencing work. An afternoon tea break may be taken during the afternoon in the course of the employees continuing their normal duties.

9.3 Employees will be provided with four clear rest days in each two-week period.


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10. Rosters - Visitor Services Staff 10.1 For roster purposes, the work week shall be Tuesday to Monday, inclusive. 10.2 Roster shall mean a written list of days of the week on which employees are required to work. This list

includes the time of day on which an employee is required to commence duties. 10.3 Daily Work Program shall mean the allocation of duties to be carried out by employees on a daily basis,

including a specified meal break. 10.4 Usual Work Hours shall mean a period of 7.6 consecutive hours from the prescribed starting time

worked on any one day, which is exclusive of the meal break. 10.5 The two-week roster of shifts for Visitor Services staff will have regard to the needs of the Trust,

employees and provision of services to customers. 10.6 There shall be a specified meal break of not less than 30 minutes. Such meal break shall be taken no

later than five hours after the commencement of work. 10.7 A two-week work roster of shifts and days should be set in writing and displayed at least two weeks

before the roster period starts. 10.8 Where the two-week roster referred to above is not set in writing and displayed at least two weeks

before the roster period starts, agreement on the details of the work roster will be reached between the employees and management of a work area prior to it being finalised in writing and displayed.

10.9 A roster of shifts may be varied at any time by mutual consent or in exceptional circumstances on 12

hours’ notice, if rendered necessary by the absence of employees from duty or shortage of staff, or emergency circumstances involving rescue or disaster or short notice tour bookings.

10.10 Rosters shall be designed so as to allow for a break of a minimum of ten consecutive hours between the

finish and commencement of ordinary work hours. 10.11 Permanent changes to the annual pattern of rosters for an employee, or a specific job not covered by the

provisions of this award, will be done in accordance with the consultative procedure with the Association/union and the members concerned, prior to implementation.

10.12

10.12.1 For permanent and temporary Guides, the maximum number of cave inspections shall be 132 in any eight- week period, up to a maximum of four per day.

10.12.2 This may include showing up to four caves in a day, except that a Guide will not be

required (unless by agreement with the Guide) to show more than two two-hour or three-hour adventure tours or more than two River, Jubilee or extended tours, or three Lucas tours in one day.

10.13 For the purpose of designing the daily work program, the time taken for group preparation is to be

included in the allocated time to conduct an adventure tour. 10.14 No employee will spend more than 1,000 hours underground in any period 1 April - 31 March. This

amount may be varied by agreement between the parties.


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11. Shift Work - Visitor Services Staff 11.1 Shift shall mean a work period of 7.6 hours which an employee is rostered to work, which commences

at or after 10.00 a.m. on a working day. 11.2 The number of shifts listed in Schedule C2 shall be rostered on an annual basis and are included in the

annual salary for the purposes of this award. 11.3 Employees rostered to work a shift shall have a lunch period of one hour. 11.4 Employees rostered to work a shift shall not be able to utilise flexible work hours arrangements while

working that shift. 11.5 Shift starting and finishing times and meal breaks shall be strictly adhered to. 11.6 For the purposes of this clause, employees shall be paid the following allowance once they work a shift

(in the case of employees referred to in subclause 11.2, a shift in excess of the number of shifts specified therein).

Shift Commencing Time Payment for Shift in

Addition to Base Rate Day At or after 6.00 a.m. Nil

and before 10.00 a.m. Afternoon (early) At or after 10.00 a.m. 10%

and before 1.00 p.m. Afternoon (late) At or after 1.00 p.m. 12.5%

and before 4.00 p.m. Night At or after 4.00 p.m. 15%

and before 4.00 a.m. Night At or after 4.00 a.m. 10%

and before 6.00 a.m. 11.7 Where employees are engaged on shift work, they shall be rostered on a rotating basis. 11.8 Provided that shift allowances for employees referred to in subclause 11.6 shall not be paid in respect of

work done at weekends or on public holidays.

12. Rest Breaks 12.1 There shall be a break of at least ten consecutive hours between employees’ ordinary shifts. 12.2 Employees required to continue to work after rostered finishing times are required to have a rest break

of at least ten consecutive hours before commencing work, and to be paid for any ordinary working time occurring during such absence.

12.3 Where employees are directed to commence work without having their required rest break, they will be

paid overtime rates until they are released from duty for the ten-hour period, and shall be entitled to be absent until the employee has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.

13. Temporary Employees

13.1 Where an employee remains available for further ongoing temporary employment with the Trust, the

Trust shall preserve their accumulated leave entitlement with the Trust and carry it over to the next period of employment, on an annual basis.

14. Casual Employment


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14.1 Casual employees will be paid fortnightly, or at the termination of employment, whichever is the earlier,

for the hours worked. 14.2 The casual hourly rate shall be determined by adding 20 per cent to the base hourly rate. 14.3 The base hourly rate will be determined by the following formulae:

Base Salary x 5 x 1 1 260.8929 Number of ordinary hours of work per week

14.4 The rate of pay for casual employees shall be, for work:

Monday to Friday. The casual hourly rate Saturday The casual hourly rate + 50 per cent Sunday The casual hourly rate + 75 per cent Public Holidays The casual hourly rate + 150 per cent

14.5 Appointment to a higher starting salary point within a salary scale, other than the base grade Year 1,

may be determined by the General Manager, following assessment of the successful applicant's educational qualifications, work experience in a related field and/or relevant skill level and competencies in respect of the position to which they are appointed.

14.6 The loading payable to casuals is in lieu of all leave entitlements. 14.7 Casual visitor services staff are entitled to be paid overtime for time worked in excess of ten hours per

day. 14.8 Overtime payments are calculated on the base hourly rate referred to in subclause 14.3. 14.9 Casual employees shall be engaged for a minimum of three consecutive hours. 14.10 Casual employees shall not be entitled to flexible leave arrangements.

15. Overtime 15.1 Definitions -

15.1.1 Overtime shall mean:

(a) For employees working a flexible working hours scheme, all time worked outside the flexible hours bandwidth or all time worked within the flexible hours bandwidth in excess of ten hours per day where such work is at the direction of the Trust; and

(b) for employees working a shift, all work performed in excess of 7.6 hours where such

excess work is at the direction of the Trust. 15.2 An employee may be directed by the Trust to work overtime, provided it is reasonable for the staff

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

(1) the staff member’s prior commitments outside the workplace, particularly the staff member’s

family and carer responsibilities, community obligations or study arrangements; (2) any risk to staff member health and safety; (3) the urgency of the work required to be performed during overtime, the impact on the operational

commitments of the organisation and the effect on client services;


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(4) the notice (if any) given by the Department Head regarding the working of the overtime, and by

the staff member of their intention to refuse overtime; or (5) any other relevant matter.

15.3 Rates - Overtime, when worked on the days prescribed, shall be paid for at the following rates:

(a) for all overtime worked Monday to Friday, inclusive, at the rate of time and one-half for the first two hours and at the rate of double time thereafter until relieved from duty;

(b) for all overtime worked on a Saturday, at the rate of time and one-half for the first two hours and

at the rate of double time thereafter; (c) for all overtime worked on a Sunday, at the rate of double time; and (d) for all overtime worked on a public holiday, at the rate of double time and one-half, i.e., ordinary

rates and one-half in addition to salary.

Provided that:

(i) Overtime rates are not paid for meal times. (ii) An employee receiving a salary in excess of the salary of a Level 6 as above, shall only

receive overtime payments calculated on the basis of the salary of a 1st year rate of Level 6.

(iii) An employee who works overtime on a Saturday, Sunday or public holiday shall be paid a

minimum payment as for three hours' work at the base rate as prescribed by this award. (iv) Non-directed time worked on weekends and public holidays by the Manager Jenolan and

Manager Wombeyan shall be compensated for at the rate of ordinary time and be taken as time in lieu.

15.4 Call Back

(a) An employee recalled to work overtime after leaving the employer’s premises shall be paid for a minimum of three hours' work at the appropriate overtime rates.

(b) The employee shall not be required to work the full three hours if the job can be completed

within a shorter period. (c) When an employee returns to the place of work on a number of occasions in the same day and

the first or subsequent minimum pay period overlaps into the next call-out period, payment shall be calculated from the commencement of the first recall, until either the end of duty or three hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

(d) When an employee returns to the place of work on a second or subsequent occasion and a period

of three hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods, with the minimum payment provision only being applied to the last recall on the day.

(e) A recall to duty commences when the employee starts work and terminates when the work is

completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.


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Where overtime actually worked because of a call out(s) totals less than three hours between the prescribed finishing time and prescribed starting time, shall not be regarded as time worked for the purposes of clause 12, Rest Breaks, where the actual time worked is less than three hours.

15.5 Calculation

(a) Overtime shall not be paid for periods of less than one quarter of an hour. (b) The formula for the calculation of overtime at ordinary rates shall be:

Base Rate x 5 x 1

1 260.8929 Number of ordinary hours of work per week 15.6 Meal Allowance

(a) An employee, whether entitled to payment of overtime or not, who properly and reasonably incurs expenses in obtaining a meal, shall be paid the relevant meal allowance in accordance with the overtime meal allowances in Part B, Monetary Rates, of the Crown Employees (Public Service Conditions of Employment) Award 2002:

(i) for breakfast when, without 12 hours’ notice, required to commence work at or before

6.00 a.m. and at least one hour before the prescribed starting time; and (ii) for an evening meal

(1) In the case of an employee not working under a flexible working hours' scheme

who is required to work beyond 6.00 p.m. and for at least 1.5 hours after the prescribed ceasing time; or

(2) in the case of an employee working under a flexible working hours' scheme who is

required to work beyond 6.00 p.m. and beyond the prescribed ceasing time

(b) An employee required to work overtime on a Saturday, Sunday or public holiday:

(1) In the case of an employee whose starting time is not later than 8.30 a.m. and who is required to work until or beyond 1.30 p.m.; or

(2) in the case of an employee whose starting time is later than 8.30 a.m. and who is required

to work until or beyond 2.00 p.m.

(c) An employee shall not be entitled to the allowances prescribed under this clause unless the performance of the work concerned at the time at which it was performed was necessary.

15.7 Adjustment of Allowances - Where an allowance under subclause 15.6, Meal Allowance, is insufficient

to adequately reimburse the officer for expenses properly and reasonably incurred, a further allowance may be paid so as to reimburse the officer or employee for the additional expenses incurred.

16. Appointments

16.1 Appointment to a position will be in accordance with the provisions of the National Parks and Wildlife

Act 1974, in as much as it applies to employees of the Trust. 16.2 Appointments to the salary scales will be in accordance with Schedule B of this award. 16.3 Appointment to a higher starting salary point within a salary scale, other than Year 1, may be

determined by the General Manager, following assessment of the successful applicant's educational qualifications, work experience in a related field and/or relevant skill level and competencies in respect of the position to which they are appointed.


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17. Consultation 17.1 Consultative Arrangements - The Trust, Association and Unions agree to continued consultation to

ensure the implementation of flexible work patterns with the view to achieving world best practice, efficiency and increased job satisfaction.

17.2 Joint Consultative Committee

17.2.1 A Joint Consultative Committee shall be established comprising the Trust, the Association and the Unions for the purpose of facilitating a constructive exchange of information, to monitor the impact of the award and survey any difficulties which may arise from its implementation.

17.2.2 The Joint Consultative Committee shall be comprised of the Trust’s General Manager and

up to four additional management representatives, and up to six representatives (employees and elected members) of the Association/Unions.

17.2.3 The Joint Consultative Committee will also consider workplace changes and productivity

improvements put forward by staff, Association/Unions or management. 17.2.4 The Joint Consultative Committee shall be required to meet on a regular basis, being no

less often than four times per year. 17.3 A working committee will be established between the Trust and the Association/Unions to ensure the

development of career paths, the acquisition of appropriate skills, competencies and qualifications of employees.

17.3.1 The working committee will comprise at least two employer representatives and at least

two representatives nominated by the Association/Unions.

18. Grievance Procedures 18.1

(a) When any grievance or dispute arises at the workplace, the employee(s) concerned will take the matter up with their immediate supervisor. The supervisor is to be given the opportunity to investigate the matter and provide a response to the grievance or claim. The supervisor will advise the employee(s) concerned, within 24 hours of receiving the grievance, of the timetable for the resolution of the grievance. The grievance is to be resolved as soon as possible.

(b) When any grievance or dispute arises in the workplace between the employee(s) and their

immediate supervisor, or where the matter is of such a nature that direct discussion between the employee(s) and their immediate supervisor would not be appropriate, the employee(s) may notify the local manager, Association/Union or Association delegate, who will then take up the matter with the appropriate local manager.

(c) If the matter has not been settled by the immediate supervisor or local manager, the party shall

report the grievance in writing. If the party so requests, the matter will be discussed as soon as practicable between a representative of the Association/Union concerned and the General Manager or nominee.

(d) If the matter remains unresolved, it may be referred by either party to the appropriate industrial

tribunal. (e) Nothing contained in these procedures will preclude the Trust and Association/Union from

entering into direct negotiations on any matter.


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(f) Whilst these procedures or negotiations are continuing, no stoppage of work or any other form of limitation of work shall be applied.

(g) The parties reserve the right to vary this procedure where it is considered that an occupational

health and safety factor is involved.

19. 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 carer responsibilities.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this

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

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee

has made or may make or has been involved in a complaint of unlawful discrimination or harassment. (4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation; (b) offering or providing junior rates of pay to persons under 21 years of age; (c) any act or practice of a body established to propagate religion which is exempted under section

56(d) of the Anti-Discrimination Act 1977; (d) a party to this award from pursuing matters of unlawful discrimination in any State or federal

jurisdiction. (5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by

the legislation referred to in this clause. 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."

20. Deduction of Union Membership Fees

20.1 The union shall provide the employer with a schedule setting out union fortnightly membership fees

payable by members of the union in accordance with the union's rules. 20.2 The union shall advise the employer of any change to the amount of fortnightly membership fees made

under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.


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20.3 Subject to 20.1 and 20.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

20.4 Monies so deducted from employee's pay shall be forwarded regularly to the union together with all

necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

20.5 Unless other arrangements are agreed to by the employer and the union, all union membership fees shall

be deducted on a fortnightly basis. 20.6 Where an employee has already authorised the deduction of union membership fees from his or her pay

prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue

21. Savings 21.1 Should there be a variation to the Crown Employees (Public Sector - Salaries January 2002) Award, or

an award replacing it, any such increase will be reflected in Schedule A of this award, either by variation or the making of a new award.

22. Area and Incidence 22.1 The purpose of this award is to partially regulate the terms and conditions of employment of employees,

as defined, who are either seconded by the Trust, or who are employed by the Trust. 22.2 Other terms and conditions, except as provided for within this award, shall be those determined from

time to time under the Public Sector Employment and Management Act 2002, the Public Sector Management (General) Regulation, 1996, and the National Parks and Wildlife Act 1974 and Regulations in so much as they apply to employees of the Jenolan Caves Reserve Trust.

22.3 This award shall replace the following instruments in so far as they apply to employees -

Crown Employees (Public Sector - Salaries January 2002) Award Overtime provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002 General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award. Crown Employees (General Staff Salaries) Award 2003 Crown Employees (Skilled Trades) Award.

22.4 This award is made following a review under section 19 of the Industrial Relations Act 1996 and

replaces the Crown Employees (Jenolan Caves Reserve Trust) Salaries Award published 1 March 2002 (331 I.G. 964).

23. Duration 23.1 The award published 15 October 1999 took effect from the first pay period beginning on or after 24

September 1998 (311 I.G.467).


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23.2 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 6 August 2004.

23.3 This award remains in force until varied or rescinded for the period for which it was made already

having expired.


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SCHEDULE A The levels upon which the following base rates have been determined are in accordance with the competency descriptions set out in the attached Schedule B. These rates will apply to all positions, and the basis for calculation of all full-time, part-time, casual, junior and apprentice rates of pay. The schedule provides for the following salary increase in each level:

From 5 January 1999 3% & 2% From 29 September 1999 $522.00 on base From 1 January 2000 2% From 1 January 2001 2%

Level

From To 1 1A 2 2A 3 3A 4 5 6 6A 6B 6C 8 Award Date 4 Jan99 26,862 28,516 29,657 30,753 31,905 35,084 37,222 43,033 47,802 56,190 56,110 58,422 96,166

5 Jan. 99 28 Sep99 28,221 29,959 31,158 32,309 33,519 36,859 39,105 45,210 50,221 59,033 58,949 61,378 101,032 29 Sep99 31 Dec99 28,743 30,481 31,680 32,831 34,041 37,381 39,627 45,732 50,743 59,555 59,471 61,900 101,554 1 Jan00 31 Dec00 29,318 31,091 32,313 33,488 34,722 38,129 40,420 46,647 51,758 60,746 60,661 63,138 103,585 1 Jan01 31 Dec01 29,905 31,712 32,960 34.158 35,417 38,892 41,229 47,580 52,793 61,962 61,874 64,401 105,657 1 Jan02 31 Dec02 30,802 32,663 33,949 35,183 36,479 40,059 42,466 49,007 54,377 63,820 63,730 108,827 1 Jan03 31 Dec03 32,034 33,970 35,307 36,590 37,938 41,661 44,164 50,968 56,552 66,373 66,280 113,180 1 Jul04 33,635 35,668 37,072 38,419 39,835 43,744 46,372 53,516 59,379 69,692 69,594 83,402 118,839

Junior Rates Junior rates shall be paid at the following percentage of the annual salary for the position:

Under 17 years of age 80 per cent Age 17 years 90 per cent

Apprentice Rates Apprentice tradespersons shall be paid as follows: (a) the rates determined under any formal scheme of apprenticeship; or


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(b) the following percentage of the Level 2A, trades salaries, which shall be deemed to be inclusive of all penalties, trades allowances and annual leave loading:

1st year 50% 2nd year 65% 3rd year 80% 4th year 95%

whichever is appropriate in respect of Schedule C.

SCHEDULE B

Level Category Competency Description 1 Operational - Grade 1 Competency at this level involves the application of knowledge and skills to a limited range of tasks and roles. There is a specific range of contexts where the choice of actions required is clear. Competencies are normally used (Maintenance) within established routines, methods and procedures that are predictable, and within which judgement against (Cleaning) established criteria is also involved.

1A Operational Grade 1A The competencies are likely to be applied under direct guidance with regular checking, but may be applied under less direct guidance and some autonomy if working in teams. (Caves Services) (Visitor Accommodation)

2 Operational Grade 2 Competency at this level involves the application of knowledge and skills to a range of tasks and roles There is a defined range of contexts where the choice of action is required is usually clear, with limited scope in the choice. (Caves Services) Competencies are normally used within established routines, methods and procedures, in some cases involving (Administration) discretion and judgment about possible actions.

2A Operational Grade 2A The competencies are likely to be applied under routine guidance with intermittent checking, but may take the form of general guidance and considerable autonomy if working in teams. Responsibility for some roles and (Trades) co- ordination may be involved if working in a team. (Administration)

3 Operational Grade3 Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills . There is a range of tasks and roles in a variety of contexts, with some complexity in the extent and choice of (Caves Services) actions required. procedures where some discretion and judgement is required in selection of equipment, work (Rangers) organisation, services, actions and achieving outcomes within time constraints.


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3A Operational Grade 3A The competencies are likely to be applied under guidance with checking related to overall progress, but may take the form of broad guidance and autonomy if working in teams. Responsibility for the work of others and/or team (Trades - Electrical) co-ordination may be involved. 4 Administration Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a range of tasks and roles in a variety of contexts, with some complexity in the range and choice of actions required. Management -Grade 1 Competencies are normally used within routines, methods and procedures where discretion and judgement is required, for both self and others, in planning and selection of equipment, work organisation, services, actions, and (Operational - Low Volume) achieving outcomes within time constraints. The competencies are likely to be applied under general guidance on progress and outcomes sought. The work of may be supervised, or teams guided or facilitated. Responsibility for and limited organisation of the work of others may be involved.

5 Environment and Technology Competencies at this level involve the self-directed application of knowledge with substantial depth in some areas, and a range of technical and other skills to tasks, roles and functions in both varied and highly specific contexts. (Graduate or Equivalent) Competencies are normally used independently and both routinely and non-routinely. Judgement is required in planning and selecting appropriate equipment, services, techniques and work organisation for self and others. The competencies are likely to be applied under broad guidelines. The work of others may be supervised or teams guided. Responsibility for and management of the work of other may be involved

6 Management - Grade 2 Competency at this level involves the self-directed development of knowledge with substantial depth across a number of areas, and/or mastery of a specialised area with a range of skills. Application is to major functions in (Operational - Medium Volume) either varied or highly specific contexts. Competencies are normally used independently and are substantially non routinely. Significant judgement is required in planning, design, technical or supervisory functions related to products services, operations or processes. The competencies are likely to be applied under limited guidelines in line with a broad plan, budget or strategy. Responsibility and defined accountability for the management and output of the work of others and for a defined function or functions may be involved

6A Management - Grade 3 6B (Operational - High Volume)


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6C Management - Grade 4 Competencies at this level involve the self directed development and mastery of broad and/or specialised areas of knowledge with a range of skills. Application is to major, broad, or specialised functions in highly specialised contexts.

8 Strategic Management Competency at this level involves the self directed development and mastery of a range of knowledge and broad or specialised functions in highly varied and/or specialised contexts. (General Manager) Competencies are normally used with full independence and in contexts and combinations of great variability. The highest level of complex judgement is applied in planning, design, technical and/or management functions. The competencies are likely to be applied in ways that involve full responsibility and accountability for all aspects of the work of others and functions, including planning, budgeting and strategy.

SCHEDULE C

Visitor Services Staff

Loadings for Penalty Rates, Annual Leave Loading and Allowances (Refer to Subclause 8.2 of Clause 8, Loadings)

Column 1 2 3 4 5 6 7 8 9 10 Position Week ends Public Afternoon Loading For Rounding Total Annual Leave Accrual

Holidays Shift Penalties Allowances % Loading % % % Days Weeks Caretaker Binda Cabins 46 10 Nil 24.28 0.00 0.12 24.4 30 6 Visitor Services Manager 42 10 Nil 26.79 0.00 0.01 26.8 30 6 Guide - Grade 1 (Jenolan) 42 10 25 26.79 2.30 0.11 29.2 30 6 Guide - Grade 1 (Wmbyn/Abrcrm) 42 10 Nil 26.79 1.04 0.17 28.0 30 6 Guide - Grade 2 (Jenolan) 42 10 25 26.79 2.30 0.11 29.2 30 6 Guide - Grade 2 (Wmbyn/Abrcrm) 42 10 Nil 26.79 1.04 0.17 28.0 30 6 Guide - Grade 2 (Special Duties) 40 10 Nil 25.79 1.04 0.17 27.0 30 6 Maintenance Officer Ranger 26 7 5 19.03 8.55 0.22 27.8 25 5 Ranger 26 7 25 18.13 5.40 0.07 23.6 30 6 Senior Guide (Jenolan) 42 10 25 26.79 2.30 0.11 29.2 30 6 Senior Guide (Wmbyn/Abrcrm) 42 10 Nil 26.79 1.04 0.17 28.0 30 6 Team Leader - Electrical 26 7 5 19.03 5.43 0.14 24.6 25 5 Team Leader - Maintenance 26 7 5 19.03 7.51 0.06 26.6 25 5


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Trades Officer NIL NIL 5 1.34 8.55 0.11 10.0 20 4 Trades Officer - Electrical 13 NIL 5 8.03 5.43 0.14 13.6 22 4.4 Visitor Services Officer (Tickets- PT) 42 10 25 33.49 ** 1.58** 0.14 35.2 ** 30** 6** Visitor Services Officer (Tickets) 42 * 10 25 18.32 1.26 0.22 19.8 30 6

* Sundays only ** Calculated on annual part-time rate of 80 per cent (four days per week) of Level 1A base rate.

Administrative Services Staff

Loadings for Annual Leave Loading and "on Call" Allowance

Column 1 2 3 4 5 6 7 8 9 10 Public Afternoon Loading for: Rounding Total Annual Leave

Position Weekends Holidays Shifts Penalties Allowances Loading Accrual % % % % Days Weeks

Administration Officer (Special) Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Business Development Manager Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Executive Assistant Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Senior Finance Officer Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 General Manager As required Nil 1.34 0.00 0.06 1.4 20 4 Karst Resources Officer Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Senior Environment Manager Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Manager - Jenolan Caves As required Nil 1.34 1.00 0.06 2.4 20 4 Manager - Wombeyan Caves As required Nil 1.34 1.00 0.06 2.4 20 4 Systems Administrator and Finance Officer Nil Nil Nil 1.34 0.00 0.06 1.4 20 4 Rounding - The individual percentage loadings for weekend and public holiday penalty rates, leave loading, etc., and the various shift and trades allowances have been calculated to two decimal places. When brought forward to this schedule, a "rounding-up" factor has been added to enable the final loading to be expressed to only one decimal place, each ending in either .0, .2, .4, .6 or .8 as shown in column 8 above. This principle will be applied when calculating the loading for any new or revised positions. On the following pages, there is a detailed breakdown on the percentage loadings. Supplementary Schedule C1 - Weekend and public holiday penalties, annual leave loading and compensation for Sundays and public holidays.


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Supplementary Schedule C2 - Afternoon shift allowance, trades allowances, on-call allowance.

SUPPLEMENTARY SCHEDULE C.1

Percentage Loadings for Penalties, Leave Loading and Compensation for Sundays and Public Holidays Worked

Position Annual Leave Penalties Agreement Sub-total To No. of days to Loading #2225 Column5 be worked

% LOC On # % Sat. Sun. P/Hol. Sat. Sun. P/Hol. Weekly Weeks Hours Administration Officer/Special JB 4 1.34 1.34 35 Business Development Manager B 4 1.34 1.34 35 Caretaker Binda Cabins J 6 1.68 4.74 13.93 2.01 1.92 24.28 23 46 10 38 Visitor Services Manager J 6 1.68 8.47 12.71 2.01 1.92 26.79 42 42 10 38 Executive Assistant B 4 1.34 1.34 35 General Manager B 4 1.34 1.34 35 Guide - Grade 1 JWA 6 1.68 8.47 12.71 2.01 1.92 26.79 42 42 10 38 Guide - Grade 2 JWA 6 1.68 8.47 12.71 2.01 1.92 26.79 42 42 10 38 Guide - Grade 2 (Special Duties) W 6 1.68 8.08 12.10 2.01 1.92 25.79 40 40 10 38 Senior Environment Manager J 4 1.34 1.34 35 Karst Resources Officer J 4 1.34 1.34 35 Maintenance Officer J 5 1.68 5.25 7.87 4.23 19.03 26 26 7 38 Manager - Jenolan Caves J 4 1.34 1.34 35 Manager - Wombeyan Caves W 4 1.34 1.34 35 Rangers J 6 1.68 5.25 7.87 1.41 1.92 18.13 26 26 7 38 Senior Finance Officer B 4 1.34 1.34 35 Senior Guide (Guide - Grade 3) JWA 6 1.68 8.47 12.71 2.01 1.92 26.79 42 42 10 38 System Administrator/Finance B 4 1.34 1.34 35 Officer Team Leader - Electrical J 5 1.68 5.25 7.87 4.23 19.03 26 26 7 38 Team Leader - Maintenance J 5 1.68 5.25 7.87 4.23 19.03 26 26 7 38 Trades Officer J 4 1.34 1.34 38 Trades Officer - Electrical J 4.4 1.48 2.62 3.93 8.03 13 13 38 (Weekends) Visitor Services Officer J 6* 2.10* 10.59* 15.89* 2.51* 2.40* 33.49* 42 42 10 30.4*


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(Tickets- PT)* Visitor Services Officer (Tickets) J 6 1.68 12.71 2.01 1.92 18.32 42 10 38 Visitor Services Officer part-time works four days per week, including weekends and public holidays. Percentage loadings are to be applied to 80 per cent of Level 1A base rate.

SUPPLEMENTARY SCHEDULE C2

Percentage Loadings for Leading Hand Afternoon Shift and Trades and on-Call Allowances

Position Loc Shift Allowance Leading Chokage Sundry Tractor Water On Sub-total to No. % Hand Trades and Clean Call Column 6 Truck % Administration Officer JB 0.00 Administration Officer (Special) JB 0.00 Business Development Manager B 0.00 Caretaker Binda Cabins J 0.00 Visitor Services Manager J 0.00 Executive Assistant B 0.00 General Manager B 0.00 Guide - Grade 1 J 25 1.26 1.04 2.30 Guide - Grade 1 WA 1.04 1.04 Guide - Grade 2 J 25 1.26 1.04 2.30 Guide - Grade 2 WA 1.04 1.04 Guide - Grade 2 (Special) W 1.04 1.04 Senior Environment Manager J 1.00 Karst Resources Officer J 0.00 Maintenance Officer J 5 0.25 4.15 1.04 2.07 1.04 8.55 Manager - Jenolan Caves J 1.00 1.00 Manager - Wombeyan Caves W 1.00 1.00 Ranger J 25 1.26 2.07 2.07 5.40 Senior Finance Officer B 0.00 Senior Guide (Guide - Grade 3) J 25 1.26 1.04 2.30 Senior Guide (Guide - Grade 3) WA 1.04 1.04 System Administrator/Finance Officer B 0.00 Team Leader - Electrical J 5 0.25 2.07 2.07 1.04 5.43


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Team Leader - Maintenance J 5 0.25 2.07 4.15 1.04 7.51 Trades Officer J 5 0.25 2.07 4.15 1.04 1.04 8.55 Trades Officer - Electrical(Weekends) J 5 0.25 2.07 2.07 1.04 5.43 Visitor Services Officer (Tickets- PT) J 25 1.58* 1.58* Visitor Services Officer(Tickets) J 25 1.26 1.26 Visitor Services Officer part-time works four days per week, including weekends and public holidays. Percentage loadings to be applied to 80 per cent of Level 1A base rate.

SCHEDULE D

Position Title Loc Proposed Base Rate Loading of: Annual Salary $ % $

Administration Officer JB 37,072 1.4 37,591 Administration Officer Special) JB 38,419 1.4 38,957 Business Development Manager B 69,594 1.4 70,568 Caretaker Binda Cabins J 35,668 24.4 44,371 Visitor Services Manager J 46,372 26.8 58,800 Executive Assistant B 53,516 1.4 54,265 General Manager B 118,839 1.4 120,503 Guide - Grade 1 J 35,668 29.2 46,083 Guide - Grade 1 WA 35,668 28.0 45,655 Guide - Grade 2 J 37,072 29.2 47,897 Guide - Grade 2 WA 37,072 28.0 47,452 Guide - Grade 2 (Special Duties) W 37,072 27.0 47,081 Senior Environment Manager J 83,402 1.4 84,570 Karst Resources Officer J 53,516 1.4 54,265 Maintenance Officer J 33,635 27.8 42,986 Manager - Jenolan Caves J 69,692 2.4 71,364 Manager - Wombeyan Caves W 59,379 2.4 60,805 Ranger (Animals) J 39,835 23.6 49,236 Ranger (Weeds) J 39,835 23.6 49,236 Senior Finance Officer B 59,379 1.4 60,210 Senior Guide (Guide - Grade 3) J 39,835 29.2 51,467 Senior Guide (Guide - Grade 3) WA 39,835 28.0 50,989 System Administrator/Finance Officer B 53,516 1.4 54,265


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Team Leader - Electrical J 46,372 24.6 57,780 Team Leader - Maintenance J 46,372 26.6 58,708 Trades Officer J 38,419 10.0 42,261 Trades Officer - Electrical (W/ends) J 43,744 13.6 49,693 Visitor Services Officer (Tickets- PT)* J 35,668 35.2 48,223 Visitor Services Officer (Tickets) J 35,668 19.8 42,730

Visitor Services Officer part-time works four days per week. Proposed base rate is 80 per cent of Level 1A base rate.

SCHEDULE E

Position Title Loc Annual Salary Plus Cash Annualised Total $ Allowances Remuneration

$ $ Administration Officer JB 37,591 250.00 37,841 Administration Officer (Special) JB 38,957 250.00 39,207 Business Development Manager B 70,568 250.00 70,818 Caretaker Binda Cabins J 44,371 1,450.00 45,821 Visitor Services Manager J 58,800 1,450.00 60,250 Executive Assistant B 54,265 250.00 54,515 General Manager B 120,503 250.00 120,753 Guide - Grade 1 J 46,083 250.00 46,333 Guide - Grade 1 WA 45,655 850.00 46,505 Guide - Grade 2 J 47,897 250.00 48,147 Guide - Grade 2 WA 47,452 850.00 48,302 Guide - Grade 2 (Special Duties) W 47,081 850.00 47,931 Senior Environment Manager J 84,570 250.00 84,819 Karst Resources Officer J 54,265 250.00 54,515 Maintenance Officer J 42,986 250.00 43,236 Manager - Jenolan Caves J 71,364 1,450.00 72,814 Manager - Wombeyan Caves W 60,805 1,450.00 62,255 Ranger (Animals) J 49,236 1,450.00 50,686 Ranger (Weeds) J 49,236 250.00 49,486 Senior Finance Officer B 60,210 250.00 60,460 Senior Guide (Guide - Grade 3) J 51,467 850.00 52,317 Senior Guide (Guide - Grade 3) WA 50,989 1,450.00 52,439


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System Administrator/Finance Officer B 54,265 250.00 54,515 Team Leader - Electrical J 57,780 1,450.00 59,230 Team Leader - Maintenance J 58,708 1,450.00 60,158 Trades Officer J 42,261 250.00 42,511 Trades Officer - Electrical (W/ends) J 49,693 850.00 50,543 Visitor Services Officer (Tickets- PT)* J 48,223 250.00 48,473 Visitor Services Officer (Tickets) J 42,730 250.00 42,980

Visitor Services Officer part-time works four days per week. Proposed base rate is 80 per cent of Level 1A base rate.

SCHEDULE F

Enterprise Negotiations - Productivity Off-Sets The Trust will require the following productivity off-sets, designed to either increase revenue or reduce costs by utilising improved methods.

Level Position Productivity Off-sets 1 Maintenance Officer Approximately one hour additional parking duty on peak days, i.e., weekends and public holidays. Responsibility for balancing and disposal of monies taken. Opportunity to train for guiding duties

1A Guide - Grade 1 Commitment to cleaning and maintenance of all visitor facilities, including toilets. Conduct cave tours as required up to maximum of 4 per day, with due regard to the Radon limit. Full commitment to pre-inspection interpretation, including computerised sales and information. Computer literacy training as required. Caretaker - Binda Cabins Assume reception full responsibility for accommodation bookings and. reception. Supervision of casual cabin cleaning staff. Visitor Services Officers Commitment to sales training and up-selling in line with pre- established sales targets. (Tickets/Kiosk)

2 Guide - Grade 2 Generation of additional revenue through product development. Availability to work at other locations as required.

2A Trades Officer Availability to learn guiding and willingness to conduct tours on an emergency basis. Involvement in up-selling and enhancement of cave knowledge.

3 Senior Guide - Grade 3 Replaces the previous single position of Deputy Senior Guide, which had not been recognised in previous awards. The position of Senior Guide will become a ranking, subject to assessment in key competency areas, including staff rostering, visitor services programming, adventure tours, marketing and staff training. Relieve as Caves Services Co-ordinator on a rotational basis Rangers Commitment to cross-training in noxious weeds and feral animal control.


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Involvement in preparation and implementation of fire plans. Interpretation of the Reserve, including conducting cave tours when required.

3A Trades Officer - Electrical Willingness to conduct cave inspections and adventure tours on an emergency basis. 4 Visitor Services Replaces the previous single position of Senior Guide, and the grading recognises the complex range of Manager duties, particularly in the areas of staff supervision and training, not recognised previously. Deputises for the position of Manager - Jenolan Caves. Team Leaders Full involvement in development and control of budgets, works programmes, purchasing.

5 Karst Resources Officer Willingness to conduct in-house environmental training. Conduct full range of Karst interpretation activities for general public. Systems Administrator and Co-ordinate/conduct all training in respect of computer applications. Finance Officer Commitment to ensuring all information technology is up-to-date and relevant to the Trust's needs.

6 Manager - Wombeyan Flexible working days and hours of duty. Responsibility for human resource function at Wombeyan Caves. Conduct full range of cave tours as required. Senior Finance Officer Commitment to review systems to achieve efficiency gains

6A Manager - Jenolan Flexible working days and hours of duty. Responsibility for human resource function at Jenolan Caves. Conduct full range of cave tours as required.

6B Business Development Commitment to development of consultancy opportunities for revenue generation. Manager Co-ordinate Trust policy and research opportunities with regard to Sponsorship and Grants funding

6C Senior Environment Willingness to conduct in-house environmental training. Manager Conduct full range of Karst interpretation activities for general public.

8 General Manager Facilitate all of the above.

R. W. HARRISON D.P.

____________________ Printed by the authority of the Industrial Registrar.


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(1220) SERIAL C3213

CROWN EMPLOYEES (HOME CARE SERVICE OF NEW SOUTH WALES - ADMINISTRATIVE STAFF - TRAINING WAGE) AWARD

2004



(No. IRC 1815 of 2004)

Before The Honourable Mr Deputy President Harrison 28 July 2004

REVIEWED AWARD

Arrangement

PART A


1. Title 2. Application 3. Objective 4. Definitions 5. Training Conditions 6. Employment Conditions 7. Wages 8. Part-time Traineeships 9. School-Based Traineeships 10. Wage Rates for Part-Time and School-Based

Traineeships 11. Grievance and Dispute Settling Procedures 12. Anti-Discrimination 13. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Full-time weekly wage rates

Table 2 - Hourly wage rates

Appendix A - Skill Levels

PART A

1. Title This award shall be known as the Crown Employees (Home Care Service of New South Wales - Administrative Staff - Training Wage) Award 2004

2. Application


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(a) This award applies to persons who are undertaking an approved traineeship and is to be read in

conjunction with the Home Care Service Act 1988 and the Crown Employees (Home Care Service of New South Wales - Administrative Staff) Award 2001 and the Crown Employees (Public Service Training Wage) Award 2002.

(b) The terms and conditions of any relevant industrial instrument apply, except where inconsistent with

this award. (c) This award does not apply to employees who were employed under any industrial instrument prior to

the date of approval of a traineeship relevant to the Home Care Service of NSW, except where agreed upon between the Department Head and the Public Service Association and Professional Officers Association Amalgamated Union of NSW.

(d) This award does not apply to the apprenticeship system.

3. Objective The objective of this award is to assist with the establishment of a system of approved traineeships which provide nationally recognised training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long-term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees will be displaced from employment by trainees. This award does not replace the prescription of training requirements in any relevant industrial instrument.

4. Definitions "Approved Traineeship" means a traineeship arrangement applicable to a group or class of employees or to an industry or sector of an industry or enterprise by agreement between the parties under the terms of this award. Approved traineeships include fulltime, part-time and school-based traineeships and are defined by the provisions of the Apprenticeship and Traineeship Act 2001. "Approved Training Course or Training Program" means the training course or training program identified in the vocational training order of a declared traineeship. "Appropriate State Legislation" means the Industrial and Apprenticeship and Traineeship Act 2001or any successor legislation. "Employee" means a person employed pursuant to this award. "Employer" means the Home Care Service of NSW as constituted by the Home Care Service Act 1988. "Parties to an Approved Traineeship" means the Home Care Service of NSW and the Public Service Association and Professional Officers Association Amalgamated Union of NSW. "Recognised Traineeship Vocation" means a vocation that is the subject of an order in force under section 5 of the Apprenticeship and Traineeship Act 2001. "School-Based Trainee" is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their Higher School Certificate or, where permitted, their School Certificate curriculum, and is endorsed by the State Training Authority and the NSW Board of Studies. "State Training Authority" is the NSW Department of Education and Training.


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"Trainee" means an employee who is signatory to the indentures registered with the State Training Authority. The trainee is bound by a training agreement made in accordance with this award and employed in terms of the Home Care Service Act 1988. The trainee is involved in paid work and structured training which may be on or off the job. "Training" for the purposes of this award means training directed at the achievement of key competencies required for successful participation in the workplace (e.g. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I and/or an Australian Qualification Framework Certificate Level II or above. "Training Contract" means a contract made subject to the terms of this award between the Department Head and the trainee for a traineeship which is registered with the State Training Authority, under the provisions of the Apprenticeship and Traineeship Act 2001. A training contract is made in accordance with the relevant Vocational training order and does not operate unless this condition is met. "Training plan" means a plan prepared in accordance with the relevant Vocational Training Order indicating the arrangements for the provision of training agreed to by the Department Head and the registered training organisation, and qualification to be awarded to the trainee. The training plan is lodged with the training contract and the application to establish the traineeship with the State Training Authority. "Union" means the Public Service Association and Professional Officers Association Amalgamated Union of NSW. "Vocational Training Order" means an order in force under section 6 of the Apprenticeship and Traineeship Act 2001 that sets out the terms and conditions of a recognised traineeship vocation. The Vocational Training Order includes details of the term, probationary period, qualifications and other training as appropriate. The State Training Authority must consult with the Public Service Association and Professional Officers Association Amalgamated Union of NSW before making a Vocational Training Order.

5. Training Conditions (a) The trainee must undertake an approved training course or training program prescribed in the training

agreement and outlined in the vocational training order of a declared traineeship or as notified to the trainee by the State Training Authority.

(b) The relevant training agreement, made in accordance with a declared traineeship, must be signed by the

Home Care Service of NSW General Manager and the trainee and lodged for registration with the State Training Authority, prior to the commencement of the trainee. If the training agreement is not in a standard format, the trainee cannot commence until the training agreement has been registered with the State Training Authority.

(c) The General Manager must ensure that the trainee is permitted to attend the approved training course or

training program provided for in the training agreement and must ensure that the trainee receives the appropriate on-the-job training.

(d) The General Manager must provide a level of supervision in accordance with the training agreement

during the traineeship period. (e) The General Manager agrees that officers of the State Training Authority will monitor the training

agreement and that training records or workbooks may be utilised as part of this monitoring process. (f) Training is directed at the achievement of competencies as specified in the relevant vocational training

order.


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6. Employment Conditions (a)

(i) A trainee is engaged as a full-time employee for a maximum of two years duration, subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the Department Head.

(ii) A trainee/cadet undertaking a traineeship at Diploma Level is engaged as a full-time employee

for a nominal period of 12 months, or until achievement of the relevant competencies that will qualify the trainee/cadet for one of the specialist qualifications in information technology established at Diploma Level.

(iii) By agreement in writing, and with the consent of the State Training Authority, the Department

Head 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 Vocational Training Order.

(iv) If the trainee completes the approved training course or training program earlier than the time

specified in the training contract, then the traineeship may be concluded by mutual agreement by application to the State Training Authority under the provisions of the Apprenticeship and Traineeship Act 2001.

(v) Unless the State Training Authority otherwise directs, the maximum duration for a part-time

traineeship is 36 months. (b) The training contract can only be terminated by application to the State Training Authority under the

provisions of the Apprenticeship and Traineeship Act 2001. (c) The trainee will be permitted to be absent from work without loss of continuity of employment or wages

to attend the training in accordance with the training contract and training plan. (d) If the employment of a trainee by a Department Head is continued after the completion of the period,

such period is counted as service for the purposes of any relevant industrial instrument or any other legislative entitlements.

(e)

(i) The training contract may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure that the training program is successfully completed.

(ii) A trainee is not to work overtime or shift work on their own unless consistent with the provisions

of the relevant industrial instrument. (iii) A trainee is not to work shift work unless the parties to an approved traineeship are satisfied that

shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shift work trainees.

(iv) The trainee wage is the basis for the calculation of overtime or shift penalty rates prescribed by

the relevant industrial instrument, unless otherwise agreed by the parties to an approved traineeship. If the relevant industrial instrument makes specific provision for a trainee to be paid at a higher rate, then the higher rate applies.

(f) All other terms and conditions of the relevant industrial instruments apply unless specifically varied by

this award.


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(g) A trainee who fails to either complete the traineeship or who cannot for any reason be placed in full-time employment with the department on successful completion of the traineeship is not entitled to any severance payments.

7. Wages

(a)

(i) The weekly wages payable to trainees are as provided in Table 1 - Full time weekly wage rates, of Part B, Monetary Rates.

(ii) These wage rates will only apply to trainees while they are undertaking an approved traineeship

which includes an approved training course or training program as defined in this award. (iii) The wage rates prescribed by this clause do not apply to complete trade level training covered by

the apprenticeship system. (iv) The rates of pay in this award include the adjustments payable under the State Wage Case 2003.

These adjustments may be offset against any equivalent overaward payments and/or award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

(b) Appendix A of Part B sets out the general skill levels for traineeships. The determination of the

appropriate skill level for each approved traineeship is based on the following criteria:

(i) any agreement of the parties; (ii) the nature of the industry; (iii) the total training plan; (iv) recognition that training can be undertaken in stages; and (v) the exit skill level in the relevant industrial instrument contemplated by the training agreement.

If the parties disagree with such determination, any party to the award may seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

(c) For the purposes of this award, "out of school" refers only to periods out of school beyond Year 10, and

is deemed to:

(i) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

(ii) include any period during which a trainee repeats in whole or part a year of schooling beyond

Year 10; and (iii) not include any period during a calendar year in which a year of schooling is completed (iv) have effect on an anniversary date, being 1 January in every year.

(d) For the purposes of this award, any person leaving school before completing Year 10 is deemed to have

completed Year 10. (e) At the conclusion of the traineeship, this award ceases to apply to the employment of the trainee and the

Crown Employees (Home Care Service of NSW-Administrative Staff) Award applies to the former trainee.


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8. Part-Time Traineeships (a) Trainees who undertake traineeships on a part-time basis work less than full-time ordinary hours and

undertake the approved training course or training program at the same or lesser training time than a full-time trainee.

(b) A part-time trainee receives, on a pro rata basis, all employment conditions applicable to a full-time

trainee. All the provisions of this award apply to part-time trainees except as specified in this clause. (c) A part-time trainee may, by agreement, transfer to a full-time traineeship position if one becomes

available. (d) The minimum daily engagement periods specified in the Crown Employees (Home Care Service of New

South Wales - Administrative Staff) Award 2001 are also applicable to part-time trainees.

If there is no provision for a minimum daily engagement period in the relevant industrial instrument applying to part-time employees, then the minimum start is three continuous hours. By agreement, a part-time trainee may work a minimum start of two continuous hours, on two or more days per week, provided that:

(i) a two hour start is sought by the trainee to accommodate the trainee's personal circumstances, or (ii) the place of work is within a distance of 5 km from the trainee's place of residence.

9. School-Based Traineeships

(a) School-based trainees undertake traineeships on a part-time basis in accordance with the requirement to

balance their school and work commitments. The General Manager must set hours of work consistent with the trainee's obligation to attend school.

(b) School-based trainees are not required to attend work during the interval starting four weeks prior to the

commencement of the final year Higher School Certificate Examination period and ending upon the completion of the trainee's last HSC examination paper.

(c) School-based trainees must not work on their own. (d) For the purposes of this award, a school-based trainee becomes either a full-time or part-time trainee as

at 1 January of the year following the year in which they ceased to be a school student.

10. Wage Rates for Part-Time and School-Based Trainees Weekly wage rates: (a) The wage rate calculation is based on the full-time wage rate varied by the amount of training and/or the

amount of work over the period of the training agreement. The formula is:

Weekly Wage = Full-time wage rate x (trainee hours - average weekly training time) 28

NOTE: 28 in the above average formula represents 35 ordinary full time hours minus the average training time for full-time trainees (i.e. 20 per cent).

(b) "Full-time wage rate" means the appropriate rate as set out in Table 1 - Full-time weekly wage rates, of

Part B, Monetary Rates. (c) "Trainee hours" are the hours worked per week including the time spent in the approved training course

or training program. For the purposes of this definition the time spent in the approved training course or training program may be taken as an average for that particular year of the traineeship.


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(d) "Average weekly training time" is based upon the length of the traineeship specified in the training agreement. The formula is:

Average weekly training time = 7 x 12 Length of the traineeship in months

NOTE 1: 7 in the above formula represents the average weekly training time for a fulltime trainee whose ordinary hours are 35 per week. NOTE 2: The parties note that the training agreement will require a trainee to be employed for sufficient hours to complete all requirements of the declared traineeship, including the on-the-job work component and demonstration of competencies. The parties also note that this would normally result in the equivalent of a full day's on-the-job work per week. EXAMPLE of the calculation for the wage rate for a part-time traineeship: A school student commences a traineeship in Year 11. The ordinary hours of work in the relevant industrial instrument are 35. The training agreement specifies two years (24 months) as the length of the traineeship.

"Average weekly training time" is therefore 7 x 12 = 3.5 hours 24

"Trainee hours" total 15 hours, made up of 11 hours work over two days of the week plus 1½ hours on-the-job training plus 2½ hours off-the-job approved training at school and at TAFE. So the wage rate in Year 11 is:

$207 x (15 - 3.5) = $85.02 plus any applicable penalty rates under the relevant

industrial 28

The wage rate varies when the student completes Year 11 and passes the anniversary date of 1 January the following year to begin Year 12 and/or if "trainee hours" changes.

Hourly wage rates: Due to the variation in hours worked each week for some part-time trainees, especially school-based trainees, it may be appropriate to pay an hourly wage rate as provided in Table 2 - Hourly wage rates, of Part B, Monetary Rates. The hourly rates as set out in Table 2 are based on a 35 hour week. If the ordinary full-time weekly hours are not 35, the rate in the table should be multiplied by 35 and then divided by the ordinary full-time hours to obtain the correct hourly rate. The hours for which payment is made are determined as follows:

(a) Where the approved training for a traineeship (including a school-based traineeship) is provided off-the-

job by a registered training organisation, for example at school or at TAFE, these rates only apply to the total hours worked by the part-time trainee on-the-job.

(b)

(i) Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship):

(ii) if the training is solely on-the-job, then the total hours on-the-job are multiplied by the applicable

hourly rate, and then 20% is deducted.


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(iii) if the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training are multiplied by the applicable hourly rate, and then 20% is deducted.

Note: 20% is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time traineeships.

11. Grievance and Dispute Settling Procedures

(a) In general, matters relating to trainees are dealt with under the provisions of the Industrial and

Commercial Training Act 1989. (b) In accordance with the grievance and dispute settling procedures, the trainee notifies the supervisor of

the substance of any grievance or dispute and requests a meeting with the supervisor to discuss the matter and, if possible, states the remedy sought.

(c) Where the grievance or dispute involves confidential or other sensitive material (including issues of

harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

(d) The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the

grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

(e) If no remedy is found, the trainee seeks further discussions and attempts to resolve the grievance or

dispute at a higher level of authority, where appropriate. (f) Reasonable time limits must be allowed for discussion at each level of authority, having regard to the

nature of the grievance or dispute. (g) At the conclusion of the discussion, the trainee must be provided with a response to their grievance or

dispute if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(h) Any party to the traineeship can refer the matter to the NSW Vocational Training Board under the

provisions of the Industrial and Commercial Training Act 1989. (i) If no resolution can be found, any party to the grievance or dispute or their representatives may refer the

matter to the Industrial Relations Commission of NSW. (j) The trainee may involve a representative, including the Union, and the employer may be represented by

more senior management or other appropriate person or body for the purposes of each procedure. (k) While the dispute procedure is being followed, normal work continues.

12. Anti-Discrimination (a) 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 identify, age and responsibilities as a carer.

(b) It follows that in fulfilling their obligations under clause 11, Grievance and Dispute Settling Procedures

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


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(c) 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.

(d) Nothing in this clause is to be taken to affect:

Any conduct or act which is specifically exempted from anti-discrimination legislation; Offering or providing junior rates of pay to persons under 21 years of age. Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977; A party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(e) This clause does not create legal rights or obligations in addition to those imposed upon the parties by

legislation referred to in this clause.

13. Area, Incidence and Duration (i) This award is made following a review under section 19 of the Industrial Relations Act 1996 and

rescinds and replaces the Crown Employees (Home Care Service of New South Wales - Administration Staff - Training Wage) Award 2001 published 28 March 2002 (332 I.G. 466) and all variations thereof.

(ii) 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 New South Wales on 28 April 1999 (310 IG 359) take effect on and from. 28 July 2004.

PART B

MONETARY RATES

Table 1 - Full-Time Weekly Wage Rates Skill Level A Where the accredited training course and work performance are for the purpose of generating skills which have been defined for work at Skill level A:

Highest Year of Schooling Completed Year 10 Year 11 Year 12 $ $ $ School Leaver 162.00 (50%)* 201.00 (33%) 274.00 189.00 (33%) 227.00 (25%) Plus 1 year out of School 227.00 274.00 319.00 Plus 2 years out of school 274.00 319.00 371.00 Plus 3 years out of school 319.00 371.00 424.00 Plus 4 years out of school 371.00 424.00 Plus 5 years or more 424.00


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Skill Level B Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill level B


Skill Level C Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill level C:


Figures in bracket indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training that has been taken into account in setting the rate is 20%. School Based Traineeships

Year 11 Year 12 $ $ School based traineeships 207.00* 227.00* Skill levels A, B and C

* Assumes that the average proportion of time spent in structured training is 20%.

Table 2 - Hourly Wage Rates Set out below are the hourly rates of pay for part-time or school-based trainees where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 35 hour week. If the ordinary full time weekly hours are not 35, the appropriate hourly rate may be obtained by multiplying the rate in the table by 35 and then dividing by the ordinary full time hours.


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Trainees who have left school: Skill Level A Where the accredited training course and work performance are for the purpose of generating skills which have been defined for work at Skill level A:

Highest Year of Schooling Completed Year 10 Year 11 Year 12 $ $ $ School Leaver 7.39 8.11 9.78 Plus 1 year out of School 8.11 9.78 11.39 Plus 2 years out of school 9.78 11.39 13.25 Plus 3 years out of school 11.39 13.25 15.15 Plus 4 years out of school 13.25 15.15 Plus 5 years or more 15.15

Skill Level B Where the accredited training course and work performance are for the purpose of generating skills which have been defined for work at Skill level B:


Skill Level C Where the accredited training course and work performance are for the purpose of generating skills which have been defined for work at Skill level C:


School-Based Trainees

Year 11 Year 12 $ $ School based traineeships 7.39 8.11 Skill levels A, B and C


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APPENDIX A

SKILL LEVELS Skill Level A Arts Administration Business (Office Administration) Clerical Administrative Skills Communications (Call Centres) Financial Services Information Technology Public Administration Sport and Recreation Skill Level B Laboratory Operations Horticulture Tourism Operations Retail Operations Hospitality Operations Skill Level C Rural Skills

R. W. HARRISON D.P.



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(1337) SERIAL C3077

CROWN EMPLOYEES (LORD HOWE ISLAND BOARD SALARIES AND CONDITIONS 2004) AWARD



(No. IRC 1830 of 2004)


REVIEWED AWARD

Arrangement

PART A


1. Definitions 2. Multi-skilling & Staff Flexibility 3. Salaries 4. Appointment 5. Salary Progression 6. Island Disability Allowance 7. Disability Allowance (Commonwealth District

Allowance) 8. Call-out Allowance 9. Higher Duties Allowance 10. Boot Allowances 11. Special Duties Allowance 12. Travel Allowances 13. Allowance for Surveying Duties 14. Adjustment of Allowances 15. Hours 16. Overtime 17. Time in Lieu 18. Public Holidays 19. Annual Leave 20. Additional Leave 21. Sick Leave 22. Family and Community Service Leave, Personal

Carer's Leave and Flexible Use of Other Leave Entitlements

23. Special Leave 24. Leave Without Pay 25. Long Service Leave 26. Maternity Leave 27. Parental Leave 28. Study Assistance 29. Adoption Leave 30. Part-Time Work 31. Semi-Official Telephone Subsidy 32. Relocated Staff 33. Casual Employment


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34. Termination of Employment 35. Deduction of Union Dues 36. Consultation 37. Disputes Procedure 38. Uniforms 39. Enterprise Arrangements 40. Anti Discrimination 41. Area, Incidence and Duration

PART B

Monetary Rates

Table 1 - Salaries

Table 2 - Allowances

PART A

1. Definitions "Association" means the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales. "Board" means the Lord Howe Island Board. "Casual staff" means staff who are engaged on an hourly basis and paid as such. Permanent staff who are engaged at weekends or public holidays to perform work which is not in the course of their normal duties or normal hours of work will be paid overtime in line with Clause 16 Overtime of this Award. "Credit hours" is the difference between the number of hours worked and contract hours, where the number of hours worked in a settlement period is more than contract hours. "Debit hours" is the difference between the number of hours worked and contract hours, where the number of hours worked in a settlement period is less than contract hours. "Manager" means the Manager of the Lord Howe Island Board. "Staff" means and includes all persons employed from time to time under the Public Sector Employment and Management Act 2002. The Manager, Secretary and Manager, Administration are not considered to be staff for the purpose of this Award.

2. Multi-Skilling and Staff Flexibility (i) Staff may be directed to perform any work in any area of the Board's operations which is within their

competence and which is consistent with the duties described within a staff member's Position Description

(ii) Staff training will be used to promote greater flexibility and multi-skilling.

3. Salaries (i) Staff will be appointed to one of the grades outlined in Table 1of Part B Monetary Rates. (ii) The rates of pay set out in Table 1 include payment for annual leave loading and Island disability

allowance.

4. Appointment


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(i) Positions will be graded using an accredited job evaluation system. (ii) Except as provided in subclause (iii), staff will be appointed to the first salary point in the grade of the

position to which they are appointed. (iii) The Board may appoint a person at a higher salary level within the grade. In determining commencing

salary, regard will be had to:

(a) the person’s skills, experience and qualifications; (b) the rate required to attract the person; and (c) the remuneration of existing staff performing similar work.

5. Salary Progression

(i) Progression within each grade will be by annual increment, provided that the Manager is satisfied with

the conduct and manner of performance of duties of the staff member concerned. (ii) Progression to another grade will be by competitive selection for an advertised vacancy.

6. Island Disability Allowance (i) All staff are entitled to payment of a Island disability allowance. The allowance is compensation for the

high cost of living and isolation. (ii) The allowance is as set out in Table 2 of Part B. (iii) The allowance is incorporated into all salary rates (see Clause 3 "Salaries" of this Award).

7. Disability Allowance (Commonwealth District Allowance) (i) Except as provided for in this clause, no staff are entitled to payment of the Disability Allowance which

is equivalent to the Commonwealth District Allowance. (ii) Staff who at the date of commencement of this Award are receiving the Disability Allowance (or any

residual amount of the Disability Allowance that has been previously discounted) will continue to receive it on a personal basis. However, the amount of the allowance (or any residual amount of the allowance that has been previously discounted ) will be discounted in accordance with the following:

(a) Senior Electrical Officer - the amount of the allowance paid prior to the commencement of this

Award will be further discounted by $400 and by the amount of any future increases to the Island Disability Allowance.

The Disability Allowance will no longer be adjusted.

8. Call-Out Allowance

(i) Except as provided by in this clause, no staff are entitled to payment of a Call-out Allowance. (ii) Staff who at the date of commencement of this Award are receiving a Call-out Allowance will continue

to receive such an allowance on a personal basis.

(a) The Senior Electrical Officer will continue to receive an allowance of $1,800 p.a. At the conclusion of the current occupant’s (Mr Higgins) employment with the Board, the allowance will cease to apply.

(b) The Call-out Allowance referred to in (ii) (a) of this clause will not be adjusted.


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9. Higher Duties Allowance

(i) Staff who are directed to perform the duties of a higher position for more than five consecutive working

days will be paid an allowance. (ii) The allowance will be agreed following discussion with the staff member and will be a proportion of the

staff member's existing salary and the salary for the minimum rate for the higher position depending on the range of duties to be performed.

10. Boot Allowances

(i) Staff who are regularly directed to work in the permanent park preserve will be entitled to a hiking boot

allowance of up to $130. (ii) Staff who are regularly directed to undertake tree climbing for the purposes of research will be entitled

to a climbing boot allowance of up to the rate as set in Table 2 Part B Monetary Rates. (iii) The allowances will be payable on production of a receipt and on condemnation of the previous pair of

boots.

11. Special Duties Allowance (i) A special duties allowance will be paid to staff who perform duties which

(a) require special training, such as abseiling, or tree climbing for the purpose of tree surgery or research; or

(b) involve the rescue of people from difficult locations involving specialised rescue equipment for

which specific training is required, and/ or from locations that are more than 300 metres from established roads, tracks or routes; or from the sea.

(ii) The special duties allowance is the rate per day as set out in Table 2 of Part B, Monetary Rates and will

only paid where such special duties are not included in the position description. (iii) The allowance will only be payable to staff who are directed to, and who actually perform the special

duties.

12. Travel Allowances Travel allowances will be paid in accordance with the provisions for travelling compensation allowances under the Crown Employees (Public Service Conditions of Employment) Award 2002).

13. Allowance for Surveying Duties (i) Subject to sub-clause (iii), staff who perform surveying for cadastral or engineering purposes will be

entitled to an allowance for surveying duties. (ii) The allowance will be paid for each hour or part thereof that surveying duties are performed and the

amount of the allowance will be the difference between the current hourly salary rate of the person performing the surveying duties and the current hourly rate payable for a Lord Howe Island Board Officer Grade 4, Year 1.

(iii) The allowance will only be payable to staff directed to, and who actually perform surveying duties and

who are currently at Grade 3, Year 3 or lower and hold a Bachelor of Surveying Degree.

14. Adjustment of Allowances


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The boot allowances and special duties allowance may be adjusted from time to time, provided that the Board and the Association agree to such adjustments.

15. Hours (i) The ordinary hours of work for all staff covered by this Award will be an average of 38 per week over a

4 week settlement period, Monday to Sunday inclusive. (ii) The ordinary hours of work will generally be worked Monday to Friday, however some staff may be

required to perform some of their ordinary time on weekends and public holidays. (iii) Ordinary hours will be worked between 7.00 am and 6.00 pm. (iv) Staff will be able to work either flexitime arrangements or set patterns of hours (where start and finish

times are set) in consultation with their manager/supervisor. Such working hour arrangements will be determined in relation to the needs of the work and the work group.

(v) The business hours of the Board are from 8.30 am to 4.30 pm Monday to Friday. The hours of work for

administrative staff will be arranged to ensure that an adequate level of service is maintained during business hours.

Part A - Flexi time

(i) Time will not be credited for work performed outside the bandwidth of 7.00 am to 6.00 pm. (ii) The usual start and finish times for staff working flexitime will be agreed to with the

supervisor/manager to ensure that staff are working the hours necessary for their position and maintain the necessary level of service during business hours.

(iii) Staff must take an unpaid lunch break of at least 30 minutes, however staff may take a break of

up to 2 hours. A staff member may only take a lunch break of more than 1 hour with the prior approval of his/her supervisor.

(iv) Generally an individual may select start and finishing times, however where it is necessary the

Manager may direct staff to work for 7.6 hours on a particular day and also direct staff to start and finish at particular times within the bandwidth on that day.

(v) Staff may work for more than 7.6 hours per day, where work is available which can be

performed at the convenience of the Board. Staff may also work for less than 7.6 hours on a particular day.

(vi) A staff member may be required to perform work beyond the hours determined under subclauses

(i) and in line with subclauses (iv) and (v) but only if it is reasonable for the staff member to be required to do so. In determining what is unreasonable the following factors shall be taken into account:

(a) the staff member’s prior commitments outside the workplace, particularly the staff

member’s family and carer responsibilities, community obligations or study arrangements;

(b) any risk to staff member’s health and safety; (c) the urgency of the work required to be performed during additional hours, the impact on

the operational commitments of the Board and the effect on client services; (d) the notice (if any) given by the Board regarding the working of the additional hours, and

by the staff member of their intention to refuse the working of additional hours, or


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(e) any other relevant matter.

(vii) At the end of the settlement period, credit hours accumulated in excess of 21 are forfeited. (viii) At the end of the settlement period, debit hours accumulated in excess of 10 are debited against

recreation leave or, if staff have no recreation leave, shall be taken as leave without pay. (ix) Generally a staff member may, with the approval of his/her supervisor, take 21 hours of

flexileave in a settlement period. Only one period of flexileave is permitted per settlement period. Such flexileave may be taken as either whole and/or half days.

(x) A half day may only be taken off either before 3 hours and 48 minutes are worked during the

bandwidth or after 3 hours and 48 minutes are worked during the bandwidth.

(xi) Flexi leave may be taken before or after a period of annual leave but may not be taken during a period of annual leave.

(xii) A staff member must have the approval of his/her supervisor prior to taking flexileave. The

supervisor may refuse any request for flexileave provided there is good and sufficient reason. (xiii) The Manager may direct a staff member to work under a standard hours arrangement (7.6 hours

per day with established commencing and finishing times) where it is evident that the staff member is not observing the hours arrangements established under this Award or any associated administrative instructions.

(xiv) Where staff give notice of resignation or retirement they should take all reasonable steps to

eliminate any accumulated credit or debit hours. No compensation will be paid for any accumulated credit hours on the last day of service. Where staff have accumulated debit hours at the completion of the last day of service any monies owing shall be debited accordingly.

Part B - Set Patterns of Hours

(i) Staff working a set pattern of hours will usually work eight hours per day with 0.4 of one hour

accruing toward one rostered day off in each four week period, however, such staff may be required to work other roster arrangements depending on the needs of the work.

(ii) Hours will usually be worked from 7.00 am to 3.30 pm. By mutual agreement between the

Manager and staff starting and ceasing times may be varied. (iii) Staff are entitled to an unpaid lunch break of 30 minutes.

Staff may take a morning tea break (not exceeding 10 minutes) at the place where work is being conducted at the time of the break, provided that there is no disruption to the continuity of the work being performed.

(iv) The Board will provide appropriate utensils (such as eskies and thermoses), to enable staff to

take their tea or lunch breaks at the work site. (v) Days off for all staff shall be rostered over each 4 week period. In drawing up the roster, regard

shall be had to the work programs being undertaken, the needs of the Board and the needs of the staff.

(vi) By consultation with the supervisor, a staff member may alter his/her rostered day off. Rostered

days off may only be altered if doing so involves no additional costs to the Board and causes no disruption to work programs.

(vii) Staff may accumulate up to 5 rostered days off.


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16. Overtime

(i) Staff on flexitime will be entitled to payment of overtime, where they are directed to work hours which

fall outside the bandwidth. (ii) Staff on set rosters or standard hours will be entitled to payment of overtime, where they are directed to

work hours in excess of ordinary hours per day. (iii) Overtime will be paid for at the rate of time and a half for the first two hours and double time for all

hours worked thereafter. These rates apply on weekdays, weekends and public holidays to overtime which is rostered outside of ordinary hours (or the bandwidth) or at weekends, or where overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary hours (or the bandwidth).

(iv) Staff who commence working overtime will be paid a minimum of 1 hour at overtime rates. (v) A staff member who is called back to work after completion of normal duty shall be paid for 4 hours at

his/her ordinary rate of pay, provided that any hours worked in excess of 4 shall be paid at overtime rates.

(vi) Staff are entitled to at least ten consecutive hours off duty between completing overtime on one day and

commencing ordinary work on the next day. If staff are directed to resume or continue work without having had ten consecutive hours off duty, they shall be paid at overtime rates until they are released from duty. Staff shall suffer no loss of pay for ordinary working time which occurs during any absence which is being taken for the purpose of ensuring a ten hour break.

(vii) Staff shall not be entitled to compensation for overtime if it is customary for staff to return to work to

perform a specific job that is usually performed outside of ordinary working hours. Such time will contribute to the ordinary hours of work for the week (ie part of the 38 hours per week).

(vii) Sub-clause (vii) does not apply to regular maintenance at the Powerhouse undertaken by the Senior

Electrical Officer (Mr Higgins) employed at the time of the making this Award on Saturdays, Sundays and Public Holidays, who will continue to receive the payments that applied before this Award was made. On the termination of employment of Mr Higgins, this subclause will cease to apply and any new staff member responsible for the maintenance and operation of the Powerhouse will receive the overtime provisions as set out in (vii) above.

(ix) Casual staff are entitled to be paid overtime in accordance with the provisions of this clause for time

worked in excess of the full time daily contract hours for that position.

17. Time in Lieu By agreement between the Manager and staff, directed overtime may be taken as time off in lieu. Time off in lieu will be allotted at overtime rates. Such time off is to be taken within a month of accrual at a time convenient to the Board, however with the approval of the supervisor time off may be taken at a later date.

18. Public Holidays Staff are entitled to the following public holidays: New Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and any other proclaimed holiday for NSW. Staff shall also be entitled to an additional day of leave to be taken between Boxing Day and New Years Day.

19. Annual Leave (i) Staff are entitled to annual leave of twenty working days per year


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(ii) Annual leave accrues at the rate of 1-2/3 days per month. Leave entitlements are based only on completed months of service.

(iii) Limits on Accumulation and Direction to Take Leave

(a) At least two (2) consecutive weeks of recreation leave shall be taken by a staff member every 12 months, except by agreement with the Manager in special circumstances

(b) Where the operational requirements permit, the application for leave shall be dealt with by the

Manager according to the wishes of the staff member (c) The Manager shall notify the staff member in writing when accrued recreation leave reaches 6

weeks or its hourly equivalent and at the same time may direct a staff member to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the Manager

(d) The Manager shall notify the staff member in writing when accrued recreation leave reaches 8

weeks or its hourly equivalent and direct the staff member to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Manager

(iv) Conservation of Leave - If the Manager is satisfied that a staff member is prevented by operational or

personal reasons from taking sufficient recreational leave to reduce he accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Manager shall:

(a) specify in writing the period of time during which the excess shall be conserved; and (b) on the expiration of the period during which conservation of leave applies, grant sufficient leave

to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 weeks limit

(c) The Manager will inform a staff member in writing on a regular basis of the staff member's

recreation leave accrual. (v) Subject to the provisions of the Public Sector Management (General) Regulation 1996 upon resignation,

retirement or termination of services, a staff member who has acquired a right to annual leave is entitled to be paid the monetary value of that leave.

(vi) Where a staff member who has acquired a right to annual leave dies prior to taking that leave, the

monetary value of such untaken leave is to be paid to the estate of the staff member. (vii) Annual leave loading is not payable (see Clause 3 "Salaries" of this Award).

20. Additional Leave The Nursery Manager, Manager Technical Services, Senior Electrical Officer and Ranger are entitled to an additional 5 days of annual leave per year as compensation for disruption and inconvenience associated with regular or frequent call-outs to perform work on weekends and otherwise outside of ordinary hours of employment.

21. Sick Leave (i) Staff are entitled to 15 working days paid sick leave per calendar year. The full annual entitlement is

available from 1 January each year. (ii) Unused entitlements are fully cumulative.


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(iii) Staff who first commence working with the Board after 1 January will have their annual grant reduced proportionately by applying the following formula:

No of whole months remaining in year divided by 12 x annual entitlement; Where a staff member is absent on account of illness in the first year of employment he or she shall be granted a minimum of five days of sick leave. Where sick leave granted is more than the staff member's first year entitlement (calculated using the above formula) the excess shall be offset by a corresponding reduction in sick leave granted at the start of the next calendar year.

(iv) Generally, the maximum amount of paid sick leave that may be granted during the first 3 months of

employment is 5 days. Any sick leave granted during the first 3 months of employment must be supported by a medical certificate.

(v) Staff who are absent from duty because of illness will report the absence not later than 1 hour after

normal commencing time. (vi) Staff are allowed 3 days absence on sick leave during any calendar year unsupported by a medical

certificate. Any further absence(s) must be supported by a medical certificate. (vii) In exceptional circumstances the Board may grant staff additional sick leave.

22. Family and Community Service Leave, Personal/Carer’s Leave and Flexible Use of Other Leave Entitlements

A. Definitions

For the purposes of this clause a person concerned is defined as:

(a) a spouse of the staff member; or (b) a de facto spouse, who, in relation to the staff member, is a person of the opposite sex to the staff

member and who lives with the staff member as husband or wife of that staff member on a bona fide domestic basis although not legally married to the employee; or

(c) a child or adult child (including an adopted child, a step child, a foster child or an ex nuptial

child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or spouse or defacto spouse of the staff member; or

(d) a same sex partner who lives with the staff member as the defacto partner of the staff member on

a bona fide domestic basis; or (e) a relative of the staff member 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 the blood

relatives of the other; and (iii) ‘household’ means a family group living in the same domestic dwelling.

B. Family And Community Service Leave - General

(i) The Manager may grant family and community service leave to a staff member

(a) for reasons related to the family responsibilities of the staff member or


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(b) for reasons related to the performance of community service by the staff member or (c) in a case of pressing necessity.

(ii) A staff member is not to be granted family and community service leave for attendance at court

to answer a criminal charge, unless the Manager approves the grant of leave in the particular case.

C. Family And Community Service Leave - Entitlement

(i) The maximum amount of family and community service leave on full pay that may be granted to a staff member is :

(a) 3 working days during the first year of service and 6 working days in any period of 2

years after the first year of service; or (b) 1 working day for each year of service after 2 years continuous service, minus any period

of family or community service (or short leave) already taken by the staff member;

whichever is the greater.

(ii) Family and community service leave is available to part-time staff members on a pro rata basis, based on the number of hours worked in proportion to the full time hours.

(iii) Where family and community service leave has been exhausted, additional paid family and

community service leave of up to 2 days may be granted on a discrete, ‘per occasion’ basis to any staff member on the death of a person concerned as defined in subclause (A) above.

D. Use Of Sick Leave To Care For A Sick Dependent - General

When family and community service leave, as outlined above in subclause (C) of this Clause, is exhausted, the sick leave provisions under subclause (e) may be used by a staff member to care for a sick dependent.

E. Use Of Sick Leave To Care For A Sick Dependent - Entitlement

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

(a) the staff member being responsible for the care and support of the person concerned; and (b) the person concerned being as defined in subclause (a).

(ii) An employee with responsibilities in relation to a person who needs their care and support shall

be entitled to use sick leave available from that year’s annual sick leave entitlement minus any sick leave already taken from that year’s entitlement to provide care and support for such persons when they are ill.

(iii) In addition to the current year’s grant of sick leave available under paragraph 2 of this subclause

above, untaken sick leave accrued from the previous 3 years may also be accessed by a staff member with responsibilities in relation to a person who needs their care and support.

(iv) The Manager may in special circumstances, make a grant of additional sick leave. This grant can

only be taken from untaken sick leave accrued prior to the period referred to in paragraph 3 above.

(v) The staff member 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.


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(vi) The staff member has the right to choose the method by which the ground for leave is

established, that is, by production of either a medical certificate or statutory declaration. All absences in excess of three days will be accompanied by an appropriate medical certificate.

(vii) The staff member is not required to state the exact nature of the relevant illness on either the

medical certificate or statutory declaration. (viii) The staff member 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 staff member, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the staff member to give prior notice of absence, the staff member shall notify the employer by telephone of such absence at the first opportunity of the date of absence.

(ix) In normal circumstance, the staff member must not take leave under this subclause where another

person has taken leave to care for the same person. F. Time Off In Lieu Of Payment For Overtime

(i) For the purposes only of providing care and support for a person in accordance with subclause (a) of this clause and despite the provisions of the overtime clause 16 in this award, a staff member may elect, with the consent of the Manager, to take time off in lieu of payment for overtime at a time or times agreed with the Manager to care for sick dependents.

(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) If, having elected to take time as leave in accordance with paragraph 1 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.

(iv) Where no election is made in accordance with paragraph 1 of this subclause, the employee shall

be paid overtime rates in accordance with the overtime clause 16 in this Award. G. Use Of Make Up Time

A staff member may elect, with the consent of the Manager, to work ‘make up time" "Make up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at a later time, during the spread of ordinary hours, at the ordinary rate of pay.

H. Use Of Other Leave Entitlements

The Manager may grant a staff member other leave entitlements for reasons related to family responsibilities, or community service by the staff member. A staff member may elect, with the consent of the employer to take:

(a) recreation leave; (b) long service leave; or (c) leave without pay.

23. Special Leave

(i) The Board may grant staff special leave for the purposes of attending court in answer to a jury

summons, or attending court as a witness for the Crown.


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(ii) The Board may also grant staff special leave in other circumstances. 24. Leave Without Pay

The Board may grant staff leave without pay in appropriate circumstances. Once leave without pay is commenced it will continue until resumption of duty.

25. Extended Leave (i) Staff are entitled to accrue and be granted extended leave in accordance with the provisions of Schedule

3 of the Public Sector Employment and Management Act 2002.

26. Maternity Leave (i) All female staff shall be entitled to unpaid maternity leave of:

(a) up to 9 weeks before the expected date of birth of the child; and (b) up to 12 months after the actual date of birth of the child.

(ii) A female staff member who, prior to the expected date of birth of her child, has completed 40 weeks

continuous service, either full or part time, will be eligible for up to 9 weeks paid maternity leave, or for the duration of her maternity leave if she takes less than 9 weeks.

(iii) the remainder of maternity leave is without pay.

27. Parental Leave (i) Staff are entitled to Parental Leave as follows:

(a) 1 week of unpaid leave from the date of birth of the child; and (b) with the consent of the Board, where the staff member is to be the primary care-giver;

(1) up to 51 weeks unpaid leave on a full time basis; or (2) up to a maximum of 103 weeks unpaid leave on a part- time basis; or (3) a combination of full time and part-time leave provided that the period of leave taken does

not exceed the equivalent of 12 months full time leave.

28. Study Assistance (i) The Board may support staff members gaining additional skills through formal study. (ii)

(a) The Board shall have the power to grant or refuse study time leave (b) Where the Board approves the grant of study time leave, the grant shall be subject to:

(1) the course being a course relevant to the Board; and (2) the time being taken at the convenience of the Board.

(c) Study time leave may be granted to both full and part-time staff members. Part-time staff

members however shall be entitled to a (d) pro-rata allocation of study time leave to that of a full-time staff member.


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(e) Study time leave may be used for:

(1) attending compulsory lectures, tutorials, residential schools, field days, etc, where these

are held during working hours; and/or (2) necessary travel during working hours to attend lectures, tutorials etc, held during or

outside working hours; and/or private study; and/or accumulation, subject to the conditions specified in paragraphs (f) to (j) of subclause (ii) of this clause.

(f) Staff members requiring study time leave must nominate the type(s) of study time leave preferred

at the time of application and prior to the proposed commencement of the academic period. The types of study time leave are as follows:-

(1) Face-to-Face - Staff members may elect to take weekly and/or accrued study time leave,

subject to the provisions for its grant. (2) Correspondence - Staff members may elect to take weekly and/or accrued study time

leave or time off to attend compulsory residential schools. (3) Accumulation - Staff members may choose to accumulate part or all of their study time

leave as provided in paragraphs (f) to (j) of subclause (ii) of this clause.

(g) Accumulated study time leave may be taken in any manner or at any time, subject to operational requirements of the Board.

(h) Where, at the commencement of an academic year/semester, a staff member elects to accrue

study time leave and that staff member has consequently foregone the opportunity of taking weekly study time leave, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

(i) Staff members attempting courses which provide for annual examinations, may vary the election

as to accrual, made at the commencement of an academic year, effective from 1 July in that year. (j) Where a staff member is employed after the commencement of the academic year, weekly study

time leave may be granted with the option of electing to accrue study time leave from 1 July in the year of entry on duty or from the next academic year, whichever is sooner.

(k) Staff members studying in semester based courses may vary their election as to accrual or

otherwise from semester to semester. (l) Correspondence courses - Study time leave for staff members studying by correspondence

accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of 4 hours per week. Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

(m) Correspondence students may elect to take weekly study time leave and/or may accrue study

time leave and take such accrued leave when required to attend compulsory residential schools. (n) Repeated subjects - Study time leave shall not be granted for repeated subjects. (o) Expendable grant - Study time leave if not taken at the nominated time shall be forfeited. If the

inability to take study time leave occurs as a result of a genuine emergency at work, study time leave for that week may be granted on another day during the same week.

(p) Examination Leave - Examination leave shall be granted as additional study leave for all courses

of study approved in accordance with this clause.


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(q) The period granted as examination leave shall include:

(1) time actually involved in the examination; (2) necessary travelling time, in addition to examination leave,

but is limited to a maximum of 5 days in any one year. Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the staff member.

(r) The examination leave shall be granted for deferred examinations and in respect of repeat

studies. (s) Study Leave - Study leave for full-time study is granted to assist those staff members who win

scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours. Study leave may be granted for studies at any level, including undergraduate study.

(t) All staff members are eligible to apply and no prior service requirements are necessary. (u) Study leave shall be granted without pay, except where the Board approves financial assistance.

The extent of financial assistance to be provided shall be determined by the Board according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

(v) Where financial assistance is approved by the Board for all or part of the study leave period, the

period shall count as service for all purposes in the same proportion as the quantum of financial assistance bears to full salary of the staff member.

(w) Scholarships for Part-time Study - In addition to the study time/study leave provisions under this

subclause, the Board may choose to identify courses or educational programs of particular relevance or value and establish a Board scholarship to encourage participation in these courses or programs. The conditions under which such scholarships are provided should be consistent with the provisions of this clause.

29. Adoption Leave

Staff are entitled to Adoption Leave in accordance with the provisions of the Crown Employees (Public Sector Conditions of Employment) Award 2002, or any replacement award .

30. Part-Time Work Staff who are engaged on a part-time basis will be granted leave and other entitlements on a pro-rata basis.

31. Semi-Official Telephone Subsidy (i) Where it is considered essential that a staff member be able to be contacted or required to contact others

in connection with the duties of his/her position outside normal working hours, the Board may approve of payment of a telephone subsidy.

(ii) In all cases the Board will determine the extent of the subsidy.

32. Relocated Staff (i) The Board may provide assistance to staff who must relocate to the Island to take up an appointment.

Assistance may also be provided for staff to return to the mainland at the conclusion of their employment, provided that such a move occurs within 1 month of the cessation of employment.


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(ii) If payment of relocation expenses to or from the Island has been approved by the Board, the following

costs associated with relocation will be reimbursed:

(a) Reasonable costs associated with the removal of personal or household effects (excluding vehicles) to the Island and/or to a place of storage on the mainland.

(b) Reasonable storage costs for furniture or household effects for the term of employment. (c) Costs of insuring furniture, personal or household effects kept in storage paid by the Board on

the mainland, up to a value as set out in Table 2.of Part B, Monetary Rates (iii) Subject to approval, the Board may pay the costs of air travel to Sydney or Brisbane for a staff member

and his/her dependents who have relocated (or are relocating) to the Island in the following circumstances:-

(a) Air travel to the Island when taking up an appointment. (b) Air travel to the mainland after completing an appointment, provided that departure from the

Island occurs within 1 month of cessation of employment with the Board. (c) After each year of service, one return flight to the mainland (Sydney or Brisbane which must be

taken within 12 months and which staff will only be entitled to while they continue in employment.

(d) To attend the funeral of a close relative (of either the staff member or a dependent), or where a

close relative is critically ill. (iv) This clause shall not affect the entitlements of relocated staff who were employed by the Board prior to

the commencement of this Award. (v) In this clause "dependent" is generally defined as a staff member's child or partner. However, having

regard to the particular circumstances that may arise, the Board may recognise other "dependents". (vi) In this clause "close relative" means partner, spouse or de factor spouse or same sex partner, parent,

child, brother or sister. However, having regard to the particular circumstances that may arise, the Board may recognise other "close relatives".

(vii) Where appropriate, the Board may provide relocated staff with accommodation. The Board will

determine the weekly rent payable for accommodation. Rents may be adjusted by the Board from time to time.

(viii) The airfares provided for in this clause are not transferable to another person or persons.

33. Casual Employment (i) The hourly rate for casual staff will be the appointed salary rate for the position divided by 52.17857

divided by the number of ordinary full-time hours for the position. 4/48ths will be added to the hourly rate as pro -rata holiday pay.

(ii) Casual staff who are engaged on weekends or public holidays shall be paid the hourly rate plus a

loading of 20% plus 4/48ths as pro rata holiday pay. (iii) Casual staff are not entitled to any form of leave specified in the Award, except for long service leave in

accordance with the Long Service Leave Act, 1955.

34. Termination of Employment


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(i) Two weeks notice or payment in lieu of notice applies to permanent and temporary staff. (ii) However, in cases of serious or wilful misconduct, the Manager may waive notice and no payment in

lieu will be due to the staff member. (iii) Redundancy

Staff whose positions are made redundant and are also declared to be excess to the employment needs of the Board shall be managed in accordance with the Government’s policy on Managing Displaced Employees, as varied from time to time.


(i) The Association shall provide the Board with a schedule setting out union fortnightly membership fees

payable by members of the union in accordance with the Association's rules. (ii) The Association shall advise the Board of any change to the amount of fortnightly membership fees

made under its rules. Any variation to the schedule of Association fortnightly membership fees payable shall be provided to the Board at least one month in advance of the variation taking effect.

(iii) Subject to (i) and (ii) above, the Board shall deduct union fortnightly membership fees from the pay of

any employee who is a member of the union in accordance with the Association's rules, provided that the employee has authorised the Board to make such deductions.

(iv) Monies so deducted from employee's pay shall be forwarded regularly to the Association together with

all necessary information to enable the Association to reconcile and credit subscriptions to employees' union membership accounts.

(v) Unless other arrangements are agreed to by the Board and the Association, all union membership fees

shall be deducted on a fortnightly basis. (vi) Where an employee has already authorised the deduction of union membership fees from his or her pay

prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue."

36. Consultation

(i) The Board and the Association agree to continued consultation to ensure that the implementation of this

Award realises improvements in service delivery, productivity, efficiency and job satisfaction. (ii) The Award provisions will be monitored by the Association and management representatives. The

Board and the Association will meet as necessary to resolve any difficulties which may arise with the implementation or operation of this Award and to discuss possible future improvements.

37. Dispute Procedure

(i) When any dispute arises at the workplace, the staff member(s) must attempt to resolve the issue with the

person concerned in the first instance. (ii) If this is not possible, the staff member the dispute to their immediate supervisor or manager. The

supervisor is to be given the opportunity to fully investigate the matter and must provide a written response to the dispute. The supervisor will advise the staff member(s) concerned of the time by which an answer will be provided. Issues should be resolved within forty eight (48) hours.

(iii) If the dispute is not resolved between the staff member(s) and their immediate supervisor, or where the

grievance or dispute involves confidential or other sensitive material (including issues of harassment under the Anti Discrimination Act 1977) that makes it impractical for the staff member(s) to advise their immediate supervisor, the staff member(s) shall notify the manager. The manager will attempt to resolve the matter.


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(iv) If the matter remains unresolved, the staff member(s) and/or their representative will take the matter to

the Board who will attempt to solve the matter. (v) If the dispute remains unresolved the Board and the Association agree that it may be referred to an

appropriate independent arbitrator or mediator (this includes the NSW Industrial Relations Commission).

(vi) Nothing contained in these procedures will preclude the Board and the Association from entering into

direct negotiations on any matter. (vii) Each stage is to be handed expeditiously. (viii) Whilst these procedures or negotiations are continuing, no stoppage of work or any other form of

limitation of work shall be applied. (ix) The Board and the Association reserve the right to vary this procedure where it is considered that a

safety factor is involved.

38. Uniforms Staff issued with a uniform by the Board shall, at all times when wearing such uniform, wear and maintain the uniform in accordance with the Board’s policy.

39. Enterprise Arrangements Future pay increases based on productivity improvements will be considered by the Board with regard to achievement of productivity improvements including, but not limited to the following: Decreases in absenteeism associated with sick leave Decreases in time lost through work related injuries and the number of worker’s compensation claims Compliance with Occupational Health and Safety Policies and Instructions Compliance with instructions relating to the timeframes for the submission of leave applications

40. 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 carer’s responsibilities.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this


(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee

has made or may make or has been involved in a complaint of unlawful discrimination or harassment. (4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation; (b) offering or providing junior rates of pay to persons under 21 years of age;


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(c) any act or practice of a body established to propagate religion which is exempted under section

56(d) of the Anti-Discrimination Act 1977; (d) a party to this award from pursuing matters of unlawful discrimination in any State or federal

jurisdiction. (5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by

the legislation referred to in this clause.

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation. (b) Section 56 (d) of the Anti-Discrimination Act 1977 provides

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

41. Area, Incidence and Duration

This Award applies to staff as defined in clause 1 Definitions, of Part A of this award. This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Lord Howe Island Board Salaries and Conditions Award 2001) published 28 September 2001 (328 I.G. 72). The Award takes effect on and from 22 June 2004 and remains in force until varied or rescinded, the period for which it was made having already expired.

PART B

MONETARY RATES

Table 1 The following salaries applied from 1 July 2003

Classification Grade Year Rate per year As at 1/7/03 $

LHIB Officer 1 1 33,618 2 35,118 3 35,986 LHIB Officer 2 1 36,945 2 37,312 3 38,927 LHIB Officer 3 1 39,580 2 40,693 3 42,039 LHIB Officer 4 1 43,262 2 45,316 3 47,051 LHIB Officer 5 1 48,052 2 49,425 3 52,293


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LHIB Officer 5A 1 52,294 2 53,827 3 60,376 4 62,818 5 64,758 6 66,908 LHIB Officer 6 1 53,827 2 60,376 3 62,818 LHIB Officer 7 1 64,758 2 66,908 3 71,184 LHIB Officer 8 1 73,250 2 76,793 3 79,976 LHIB Senior 1 1 88,409 Officer 2 92.231

ALLOWANCES

Table 2

Clause No. Brief Description Amount

6 (ii) Island Disability Allowance $1500 per year 8 (ii) (a) Call - Out Allowance $1800 per year

10 (i) Boot Allowance $130 upon condemnation of the (Hiking Boots) previous pair of boots

10 (ii) Boot Allowance $25 upon condemnation (Tree Climbing Boots) of the previous pair of boots

11 Special Duties Allowance $25 per day 32 Relocated Staff Up to $100,000

AWARD HISTORY

The Lord Howe Island Act 1953 was made on 16 December 1953. The Act, at part 2, Division 1 - Constitution of the Board provided for the employment of staff subject to the provisions of the Public Service Act 1902. On 24 April 1980, the Lord Howe Island Board Employees Agreement was made between the Board and the Amalgamated Metal Workers and Shipwrights Union and the Federated Engine Drivers and Fireman’s Association. On 16 July 1981, the Lord Howe Island Administrative Staff Agreement was made between the Board and the Public Service Association of NSW. On 14 February 1990, the Senior Electrical Officer Agreement was made between the Lord Howe Island Board and the Senior Electrical Officers. An agreement known as the Lord Howe Island Board Enterprise Agreement was made on 31 August 1994, covering all staff employed to work on Lord Howe Island . That agreement expired on 30 June 1996. The Enterprise Agreement was replaced by the Crown Employees (Lord Howe Island Board Salaries 1997) Award on 10 September 1997. The 1997 Award was replaced by the Crown Employees (Lord Howe Island Board Salaries and Conditions 1999) Award on 19 October 1999. This award was reviewed by the IRC on 29 May 2001 and published on 28


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September 2001 (328 IG 72) as the Crown Employees (Lord Howe Island Board Salaries and Conditions 2001) Award. Schedule 1 Amendment of Lord Howe Island Act 1953 came into force in April 2004. Section 6 of the Schedule provided that the Board’s staff are to be employed under the Public Sector Management Act 2002. This Award review has provided the opportunity to update the 2001 Award and enabled the parties to ensure that the Award is relevant to the conditions of employment and monetary rates as they apply to the classifications in the Award.

R. W. HARRISON D.P.



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(1451) SERIAL C3004

RINKER GROUP TRADING AS READYMIX HOLDINGS PTY LTD

SOUTH COAST TRANSPORT (STATE) AWARD 1997



(No. IRC 1861 of 2004)


REVIEWED AWARD

Arrangement


1. Title of Award 2. The Enterprise(s) 3. Parties to the Award 4. Relationship to Parent Awards 5. Term of Award 6. No Extra Claims 7. Review of Award 8. Aims and Objectives of the Award 9. Ongoing Recognition and Commitment to Continuous

Improvement 10. Awareness Training 11. Stages of this Award 12. Business Units 13. Key Result Areas to be Considered by the Teams 14. Progress of Analysis of Key Result Areas 15. Casual Minimum Start 16. Starting and Finishing Times for Casuals 17. Meal and Crib Breaks 18. Truck Tracking Systems 19. Maintenance 20. Product Handling 21. Driving Hours 22. Removal of Artificial Barriers 23. Annualised Salaries 24. Teamwork 25. Dispute Procedure 26. Anti-Discrimination 27. Personal/Carer’s Leave 28. Wages 29. Signatories Annexure A Annexure B Annexure C


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1. Title of Award This Award shall be known as the "Rinker Group trading as Readymix Holdings Pty Ltd South Coast Transport (State) Award 1997".

2. The Enterprise(s) This Award shall apply at all sites operated by Rinker Group trading as Readymix Holdings Pty Ltd which are set out in Annexure "A" in respect of employees in the occupation of driving covered by the following awards:

Transport Industry Quarried Materials (State) Award; Transport Industry Mixed Enterprises (State) Award.

3. Parties to the Award

This Award shall be binding on: Rinker Group trading as Readymix Holdings Pty Ltd at sites set out in Annexure "A" to this Award (hereafter "the Company"). The organisation of employees known as the Transport Workers’ Union of New South Wales.

4. Relationship to Parent Awards 1. This Award shall be read and construed in conjunction with the following awards:

Transport Industry Quarried Materials (State) Award; and Transport Industry Mixed Enterprises (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.

5. Term of Award 1. This award is made following a review under section 19 of the Industrial Relations Act 1996 and

rescinds and replaces the CSR Limited trading as CSR Readymix South Coast Transport (State) Award Number 3 1997 (and all variations thereof), the CSR Limited trading as The Readymix Group - Country Division South Coast Transport Enterprise Arrangement No.2 Consolidated (State) Award 1995 (and all variations thereof) and the CSR Ltd T/A The Readymix Group - Country Division (South Coast) Transport Enterprise Bargaining Framework Agreement 1994 (and all variations thereof).

2. This award remains in force until varied or rescinded, the period for which it was made having already

expired. 3. The changes made to this award 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 New South Wales on 18 December 1998 (308 IG 307) take effect on and from 28 July 2004.

6. 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 wage increases during the term of this award.


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7. Review of Award The parties agree to review this award no later than six months 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.

8. Aims and Objectives of the Award 1. Aims

The parties to this award are committed to ongoing improvements in productivity, efficiency and flexibility which in turn will continue to increase the company’s competitiveness and offer secure and worthwhile employment for employees. The company business needs to continually improve and grow so that it becomes more competitive. The company has developed a vision of the type of business it wants and the elements necessary to transfer that vision to a reality. The critical elements are:

A Customer Service Focus; Safe and Rewarding Work; Continuous Improvement; Employee Participation; A Total Quality Culture; Improved Competitiveness; Removal of Artificial Barriers; Creating a Team Environment.

2. Objectives

To discuss and implement self directed work teams. To breakdown artificial, physical, cultural and conditional barriers that exist between levels of employees within the Company. To improve the efficiency and productivity of the Company by ensuring management and labour practices are more closely attuned to current and future needs and objectives of the company. To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in the market place. To provide a climate for employees to develop a broader range of skills thereby maximising rewards to employees and security of employment. To benchmark other organisations that are leaders in the field of increased efficiency and productivity and where appropriate utilise this information in implementing change.

9. Ongoing Recognition and Commitment to Continuous Improvement

The company has introduced Total Quality Management and is committed to the principles of improving the processes we employ. To obtain the maximum benefits from the continuous improvement program all employees are committed to co-operating with the program and implementing continuous improvement activities. All employees will become familiar with Continuous Improvement concepts and skills through training and involvement in project and team based work.


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10. Awareness Training All employees who are subject to this award shall be provided with awareness training covering the following areas: The content of this award; The requirements of this award Concepts of teams, teamwork and self directed work teams The removal of artificial barriers i.e.; physical, cultural and conditional barriers and how to systematically remove them by agreement. Such training shall be held during paid time but shall be arranged to minimise the impact on continuous operations of the company’s activities and customer service.

11. Stages of This Award This award shall comprise of 2 stages: Stage 1 This stage is represented by initial agreement to this award, re-establishment of the consultative teams consistent with the Guidelines for Consultative Teams, and ongoing measurement and implementation of the "ongoing Continuous Improvement Plan for the future". On and from 12 June 1998, a 2.5% increase shall be paid to employees the subject of this award. Stage 2 Within 12 months of 12 June 1998, the parties shall have achieved (or satisfactorily improved as agreed) the improvement goals as set out in the "Continuous Improvement Plan". The Continuous Improvement Plan containing the additional key result areas shall be implemented with a view to obtaining the improvement goal as set out. At the completion of Stage 2, and not before, a further 2.5% percent increase shall be paid to the employees the subject of this award.

12. Business Units The business units are set out in Annexure "A" to this award.

13. Key Result Areas to Be Considered By the Teams The following outlined key result areas reflect this issue chosen in the "Continuous Improvement Plan" and the menu of further selection by the teams to implement in accordance with Clause 11 Stages of this Award and additional items to be agreed for ongoing identification, measurement and improvement. I. Performance Indicators

Reduction in turnover and absenteeism; Reduction in time lost (industrial, accidents); Plant and equipment productivity and availability; Down time and equipment stoppages;


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Wastage, scrap and rework (including call-backs, call outs etc.); Teamwork and increased flexibilities; Environmental performances; Skills and training; Production and maintenance costs Product quality and consistency; Customer service.

II. Systems of Work

Management systems; Quality systems; Engineering systems; Planning methods; Supervisory methods; Technical areas; Administration systems; Trades and Non-Trades areas; Production and quarrying areas; Job responsibility and performance measurement.

14. Process of Analysis of Key Result Areas

1. For improvements identified in the Continuous Improvement Plan as referred to in Clause 9, the process

shall be as follows:

(a) The consultative team (hereafter "team") shall analyse the Continuous Improvement Plan and the improvement goal contained therein.

(b) The team shall then examine the opportunities for improvement contained in the Continuous

Improvement Plan with a view to implementing opportunities for improvement. (c) The team shall set an interim target for Stage 2, having regard to the overall improvement goal

set out in the Continuous Improvement Plan. (d) The team shall implement opportunities for improvement identified in paragraph (b) of this

subclause and monitor the relevant performance indicator to determine whether or not improvements are being made.

(e) At Stage 2 the team will analyse results achieved against the interim target set for Stage 2 in

paragraph (c), to determine whether or not satisfactory progress has been made. 2. For additional key result areas from the items contained in Clause 13, Key Result Areas to be

Considered by the Teams, the process shall be as follows:

(a) The team should undertake a preliminary analysis of the issues and identify the relevance of the issues to the business unit.

(b) The team should then collect whatever data is relevant to determine the business unit's

performance/position in relation to the issues to be addressed. (c) Having collated this data, the team should document the current performance/position of the

business unit (using the form attached to Annexure B of this award) and identify key areas for improvement.

(d) The team should then negotiate realistic ways of improving the business unit's

performance/position in the immediate to short term and document these changes using the forms set out in Annexure B of this award.


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(e) By utilising the procedures outlined in subclause (2) of this clause, the team shall also develop a

program for improving the business unit's performance/position on a longer-term basis which shall be documented using the pro forma Continuous Improvement Plan set out in Annexure B of this award.

(f) Upon approval of the Stage 2 wage adjustment, the improvement changes contained in clause 12,

Stages of this Award, forms shall be implemented and put into practice and ongoing consideration shall be given to the Continuous Improvement Plan.

15. Casual Minimum Start

Casual employees shall be given a minimum start of four hours on each occasion a casual employee is engaged.

16. Starting and Finishing Times for Casuals Casual employee’s starting and ceasing times for ordinary hours of work may be varied at the discretion of the employer, to meet the needs of the business.

17. Meal and Crib Breaks Drivers shall stagger the taking of their meal and crib breaks to ensure the needs of the business and its customers are met.

18. Truck Tracking Systems It is the employer’s intention to introduce truck tracking systems to assist in data collection for productivity measures. All drivers subject to this award shall be trained in the use of, operate and cooperate with the introduction of truck tracking systems.

19. Maintenance In addition to routine maintenance, all drivers are to check, adjust and record tyre pressures regularly to ensure tyre pressures are maintained to manufacturer’s recommended levels or as their supervisors direct.

20. Product Handling All concrete drivers shall handle Texcrete, Granite Guard and miscellaneous products when required. This includes movement into and out of stores, maintaining stock movements, attending to customers and issuing of the necessary documentation.

21. Driving Hours All drivers are to limit hours of work to no more than 72 hours per week. These hours of work are to be monitored and controlled by each driver, who will inform the weighbridge allocatur if hours may exceed 72 hours as soon as possible, to allow for rearrangement of allocation where necessary.

22. Removal of Artificial Barriers All parties to this award are committed to the removal of artificial barriers that separate different levels of employment in the business unit concerned. To this end, the parties agree to adopt the following process: (a) After the business unit has received training as outlined in clause 10, Awareness Training, the

consultative team shall identify barriers that exist between different levels of employment at the business unit concerned. Such barriers shall be categorised in the following areas:


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(i) cultural and behavioural; (ii) physical; (iii) conditional.

Those barriers that are identified shall be recorded on the form attached as Annexure C of this award.

(b) The barriers identified shall be prioritised in order of:

(i) importance to the business unit concerned; and (ii) ease of removal.

(c) Barriers identified as easily removed or quick fix items, shall be removed by agreement with the

business unit concerned. (d) Other items identified as priorities, but not easily removed, shall be discussed and an agreed removal

process implemented. Should any issues require significant capital improvement, these issues shall be subject to relevant company procedures prior to any removal being implemented.

(e) It is the aim of the parties to this award that as many barriers identified be removed by agreement during

the nominal life of this award. (f) Should removal of any barrier(s) identified require variations to this award for legal reasons, such

variations shall occur, provided that the business unit concerned has agreed to such removal.

23. Annualised Salaries The parties to this award and the business unit(s) concerned are committed to investigating the introduction of annualised salaries during the nominal life of this award. To this end the business unit concerned shall: (a) collect relevant data, i.e., levels of overtime, appropriate allowance/penalties for absorption, any

benefits that may accrue and projections of future levels of work. (b) Discuss the data collected with a view to its relevance to the introduction of annualised salaries. (c) In the event that the parties in the business unit concerned, having used their best endeavours, reach

agreement on the introduction of annualised salaries, the parties to this award shall vary this award to incorporate the agreement.

24. Teamwork

1. Each business unit concerned shall, subsequent to the training outlined in Clause 10, Awareness

Training, investigate the introduction of self-directed work teams and the restructuring of existing work patterns and arrangements. Such discussion shall include, but not be limited to:

(a) the size of teams; (b) the number of teams; (c) the role of team leaders (if any); (d) the levels of responsibility of team members and management; (e) external resources the business may need to assist with the introduction of self-directed work

teams;


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(f) the process of moving from current work practices to self-managed teams. 2. In the event that the parties in the business unit concerned, having used their best endeavours, reach

agreement on the introduction of self-directed work teams, the parties to this award shall vary this award to incorporate the agreement.

25. Disputes Procedure

1. Procedures relating to grievances of individual employees:

(a) The employee is required to notify (in writing or otherwise) the Company as to the substance of the grievance, request a meeting with the Company 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 must be allowed for discussion at each level of authority. (d) At the conclusion of the discussion, the Company must provide a response to the employee’s

grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(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 the Company and its 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 must be allowed for discussion at each level of authority. (c) While a procedure is being followed, normal work must continue. (d) The Company may be represented by an industrial organisation of employers and the

employee(s) may be represented by an industrial organisation of employees for the purpose of each procedure.

26. 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


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:


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56(d) of the Anti-Discrimination Act 1977; (d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal

jurisdiction. 5. This clause does not create legal rights or obligations in addition to those imposed upon the parties by

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 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".

27. 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), 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, 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 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 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), grandparent, grandchild or sibling of the employed 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


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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) who is ill.

3. Annual Leave

(a) An employee may elect with the consent of the employer, 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 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 or times agreed with 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 shift work rate which would have been applicable to the hours take off.


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6. Rostered Days Off

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time. (b) An employee may elect, with the consent of the employer, to take rostered days off in part day

amounts. (c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off

for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award

and which has members employed at the particular enterprise of its intention to introduce an enterprise of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

28. Wages

The following increases shall apply to employees engaged pursuant to the following awards:

Transport Industry Quarried Materials (State) Award and; Transport Industry Mixed Enterprise (State) Award.

Stage 1 (12 June 1998) - 2.5% Stage 2 (12 June 1999) - 2.5%

29. Signatories

For Rinker Group trading as Readymix Holdings Pty Ltd For the Transport Workers’ Union of New South Wales

ANNEXURE A

For the purpose of this agreement the ‘business unit’ for the Southern Region (South Coast) shall be: South Coast Concrete Operations located at:

Ulladulla Nowra Aroo Road Cumberland Avenue Ulladulla Nowra Batemans Bay 10 Russell Street Batemans Bay

South Coast Transport Operations located at:

Albion Park Marulan Wollybutt Drive "Johniefields"


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Albion Park Brayton Road Marulan West

ANNEXURE B Composition of the Consultative Team 1. The team should have a maximum of six members and should be representative of the business unit. 2. The team must have at least 50 per cent of its members representative of the employees employed in the

business unit. 3. The procedures for the election/appointment of company and employee team members should be

determined at the business unit. In the determination of the team members, consideration should be given to the:

(a) size of the business unit; (b) geography of the sites in the business unit; (c) different job classifications in the business unit; and (d) shift arrangements in the business unit.

The company's employee relation’s representatives and the relevant union officials should be kept advised of developments and shall participate in any discussions as required.

Term of Office 1. Members elected or appointed to a team shall hold office for a period of 12 months. It is the

responsibility of each team member to attend all team meetings and to represent the views and opinions of those people he or she represents.

2. If a member of the team ceases employment with the company or can no longer fulfil his or her

responsibilities, a new election or appointment should be made and an induction briefing should be arranged for the new team member.

Team Training 1. Once the business unit has established its team, the team shall undertake at least a single-day training

session, which shall concentrate on:

(a) the content and operation of this award; (b) the role and operation of the team; and (c) basic negotiating skills.

Team Meetings 1. The team shall schedule regular meetings. Such meetings should occur at a time that minimises the

disruption to the business unit's operations but also allows team members to play a focused and active role in the meetings.

Notation:

For instance, scheduling meetings after a busy day's work may be convenient but the team members might be too tired to fully participate. Whereas scheduling meetings every other Wednesday afternoon


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could give everyone an opportunity to prepare and focus on the team's activities and ensure everyone is fresh and participates fully.

2. Team meetings shall be attended without loss of pay by team members. 3. The team should agree on the standard length of team meetings.

Notation: For instance, two-hour meetings should give the team sufficient time to operate effectively, whereas a four-hour meeting might result in team members losing interest.

4. If the team wants to extend the standard length of its meetings, the team should agree on the length of

the extension.

Notation: For instance, imagine you had a standard two-hour meeting which was scheduled to finish at 10.00 am but the team was close to resolving an issue - the team could agree to extend the meeting to 12.30 pm to finish dealing with that issue.

5. An agreed amount of time should be allowed before and after each team meeting for the company and

employee team members to meet separately.

The time before the team meeting should be used to prepare for the meeting and the time after the meeting should be used to debrief and evaluate what occurred in the meeting.

Team Meetings - Team Leader 1. The team should elect a team leader. The position of team leader should rotate between a management

and employee team member on an agreed basis. 2. It is the team leader's responsibility to ensure that the meeting is run in accordance with the agenda and

that each team member is given a reasonable opportunity to express their views during meetings. 3. It is also the team leader's responsibility to ensure that the meeting procedure is fair to all members of

the team, particularly in relation to the taking of adjournments, time out, stretch breaks, etc. Team Meetings - Minutes Taker 1. The negotiating team shall elect a member for the purpose of recording minutes of each team meeting,

preparing and distributing agendas. 2. Minutes should be recorded on a minute sheet as set out in this Annexure. 3. Minutes should be agreed to by the negotiating team at the conclusion of each meeting and signed by

the minute taker and team leader as a true and correct record of the meeting. Team Meetings - Agenda 1. Every team meeting must be structured around an agenda as set out in Annexure C. 2. All team members have a right and a responsibility to submit agenda items. 3. The agenda, minutes from the previous meeting and any relevant background material/documentation

shall be circulated within a reasonable time, but not less than three working days prior to team meetings, to allow for preparation.


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Team Communication 1. The team shall establish a procedure for regularly communicating about the team's activities with the

employees and management in the business unit. 2. This communication procedure should be serviced to suit the size, number and geography of sites in the

business unit. 3. The objective of the communication procedure is to ensure that everyone in the business unit has a good

understanding of the team's activities, providing them with an opportunity to participate in the bargaining process through their representatives on the team.

Summary of Meeting

Division: Date: Team/Project Name: Next Meeting Date Leader: From: am/pm Facilitator: To: am/pm Location: Team Members: Apologies: Objective Of Meeting: No. Agreed Action By Whom By When

Agenda for Meeting

Division: Date Of Meeting: Team/Project Name: Time From: am/pm Leader: To: am/pm Facilitator: Location: Team Members: Objective Of Meeting:

No. Item Who Time Expected Outcome 1 Review This Agenda Agreement On Agenda 2 Review Minutes Of Last Meeting Actions Completed Or Carried Forward


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Date, Time And Location Of Next Meeting: Meeting Evaluation: Readymix Division: Business Unit: Where We Are Now: Current Performance/Position of the Business Unit Issues:

Division:

Business Unit: Immediate/Short Term Improvements to be Implemented

Continuous Improvement Plan

Division: Business Unit:

Opportunity for Data Collection Improvement Goal Performance Improvement Required Indicator


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ANNEXURE C

Cultural and Behavioural Alignment Contradictions Physical Alignment Contradictions Conditional Alignment Contradictions

R. W. HARRISON D.P.



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(1653) SERIAL C1622

CROWN EMPLOYEES (DEPARTMENT OF JUVENILE JUSTICE -

DETENTION CENTRES 2002) AWARD


Application by The Public Employment Office.

(No. IRC 4188 of 2002)

Before Commissioner Bishop 20 August 2002

AWARD

PART A

1. Arrangement

PART A


1. Arrangement 2. Title 3. Definitions 4. Hours 5. Casual Employment 6. Part-time Employment 7. Shift Work - Operational Stream 8. All Incidences Allowance - Managerial Stream 9. Annual Leave 10. Annual Leave Loading 11. Overtime 12. Leave in Lieu of Payment of Overtime 13. Leave Entitlements 14. Rates of Pay and Allowances 15. Higher Duties 16. Entry, Promotion and Qualifications 17. Transitional Arrangements 18. Uniforms and Protective Clothing 19. Settlement of Disputes 20. Anti-Discrimination 21. Deduction of Union Membership Fees 22. Savings Clause 23. No Extra Claims 24. Leave Reserved 25. Notation 26. Area, Incidence and Duration

PART B

Table 1 - Rates of Pay Table 2 - Allowances

Appendix A - Entry, Promotion and Qualifications


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Appendix B - Transition of Existing Classifications 2. Title

This Award shall be known as the Crown Employees (Department of Juvenile Justice Detention Centres 2002) Award.

3. Definitions "Act" means the Public Sector Management Act 1988 as amended. “Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales. "Casual Employee" means and includes all persons employed to work in an existing vacancy or in addition to normal staffing needs on a piecemeal basis, but shall not include a person employed in a temporary capacity for a set period. "Centre" means a Juvenile Justice Detention Centre. “Counselling and Administrative Stream” comprises staff members who are not engaged in the Managerial or the Operational Streams. This stream does not include Psychologists. Positions in this stream include:

Clerical Officer; Counsellor; and Staff Development Officer.

“Day Worker” means a staff member, other than a shift worker, who works ordinary hours from Monday to Friday and who commences work on such days at or after 6.00 am and before 10.00 am otherwise than as part of a shift system. "Department" means the New South Wales Department of Juvenile Justice as listed in Schedule 1 of the Act. "Director-General" means the Chief Executive Officer of the Department. “Managerial Stream” comprises staff members engaged to perform duties relating to the management of a Centre and includes the positions of:

Centre Manager; Assistant Manager; Assistant Manager (Client Services); and Unit Manager.

“Operational Stream” comprises staff members engaged to perform duties relating to direct service delivery to clients within a Centre and includes the positions of:

Youth Officer; Vocational Instructor; Unit Coordinator; and Kitchen Support Officer.

"PEO" means the Public Employment Office. “Regulation” means the Public Sector Management (General) Regulation 1996. Shift Worker” means a staff member engaged in the operational stream who works the ordinary rostered hours up to 19 days in a 28 day period.


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“Staff member” means an officer or temporary employee as defined in the Act and, unless otherwise specified in the Crown Employees (Public Service Conditions of Employment) Award 1997, includes both full-time and part-time staff. Notation: General Conditions of Employment It is the intention of the parties to this Award that all other conditions not specified in this Award shall be provided in accordance with the Crown Employees (Public Service Conditions of Employment) Award 1997 and the Public Service of New South Wales Personnel Handbook, August 1999 and subsequent variations.

4. Hours 4.1 Operational Stream

(a) Ordinary Hours

(i) The ordinary hours of work for staff members employed as shift workers in Centres shall not exceed 152 hours per 28 calendar days or an average of 38 hours per week in each roster cycle. Each staff member shall be free from duty for not less than eight full days and an allocated rostered day off in each cycle.

(ii) The hours of work prescribed in paragraph (a)(i) of this sub-clause shall be arranged to

allow variable working hours in each roster cycle of 28 days to ensure that each staff member shall work his/her other ordinary hours of work on not more than nineteen days in the cycle.

(b) Rostered Day Off Duty

(i) Time for a rostered day off duty accrues at 0.4 of an hour for each eight hour day or shift. (ii) All paid ordinary working time and paid leave count towards accrual of time for the

rostered day off duty. (iii) The staff member’s rostered day off duty prescribed in paragraph (a)(ii) of this sub-clause

shall be determined by having regard to the operational needs of the Centre. Where practicable the rostered day off duty shall be consecutive with the days off prescribed in paragraph (a)(i) of this sub-clause.

(iv) Should the operational needs of the Centre require the rostered day off duty to be

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.

(v) Where a staff member has accumulated sufficient time to take his/her rostered day off

duty prior to entering on annual leave, it shall be allowed to the staff member on the first working day immediately following the period of leave.

(vi) Where a staff member has not accumulated sufficient time for a rostered day off duty

prior to entering on annual leave, time in credit shall count towards taking the next rostered day off duty falling in roster sequence after the staff member’s return to duty.

(vii) A staff member shall be entitled to the next rostered day off duty after returning from a

period of worker’s compensation leave or extended leave. (viii) A rostered day off duty is not re-credited if the staff member is ill or incapacitated on a

rostered day off duty. However sick leave shall not be debited. (ix) Upon termination of employment, the staff member shall be paid for any untaken rostered

time off.


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(x) Permanent part-time staff members due to the terms of engagement, are paid for all time worked as there is no accrual of time for rostered days off duty.

(c) Meal Breaks

(i) Meal breaks must be given to and taken by staff members. No staff member shall be

required to work continuously for more than five hours without a meal break of no less than 30 minutes. However where a staff member is called upon to work for any portion of a rostered unpaid meal break, such time shall be paid for at overtime rates.

(ii) Where the nature of the work of a staff member or a group of staff members is such that

meals are to be taken at the allocated meal time for young persons in care, in these circumstances the provisions of paragraph (i) of this sub-clause shall not apply. However, all time in such circumstances shall be paid at the appropriate rate for the shift and the Department shall provide a meal to each staff member free of charge, the meal to be of the same or no less than the quality of that provided to the young persons under supervision.

(iii) The time taken for a staff member required to take his/her meals with clients shall be

considered as ordinary hours of work.

(d) Rosters

(i) The ordinary hours of work for each staff member shall be displayed on a roster in a place conveniently accessible to staff members. The roster covering a minimum period of 28 days, where practical, shall be displayed at least 14 days prior to the commencing date of the first working period in any roster.

(ii) A roster may be altered at any time to enable the service of a Centre to be delivered where

another officer is absent from duty on account of illness, in an emergency or due to unforeseen circumstances. Where any such alteration involves a staff member working on a day that would have been his or her day off such time worked shall be paid for at overtime rates as specified in clause 11, Overtime of this Award.

(iii) Where practicable, a staff member who is required to change from one shift to another

shift shall be given 48 hours notice of the proposed change. (iv) Rostered days off duty in accordance with paragraph (b) of this sub-clause are to be

shown on the roster of hours for each staff member. (v) There shall be a minimum break of eight hours between ordinary rostered shifts.

4.2 Counselling and Administrative Stream

(a) The ordinary hours of work are 35 hours per week, Monday to Friday inclusive and are subject to the conditions specified by the Crown Employees (Public Service Conditions of Employment) Award 1997 and subsequent variations and in accordance with the Department of Juvenile Justice Flexible Working Hours Agreement as amended from time to time.

4.3 Managerial Stream

(a) The provisions of sub-clause 4.1 of this clause shall apply with the exception of sub-paragraph (b)(iv) and paragraph (d) of that sub-clause.

(b) Should the operational needs of the Centre require the rostered day off duty to be changed,

another day shall be substituted in the current cycle. Should this not be practicable, rostered days off duty may be accrued to a maximum of 5 days in any calendar year and be taken in a less active period.


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5. Casual Employment 5.1 A casual staff member is one engaged on an hourly basis. 5.2 A casual staff member may only be engaged for short-term periods where there is the need to

supplement the workforce arising from fluctuations in the needs of the Centre. 5.3 A casual staff member shall be paid on an hourly basis based on the appropriate rate prescribed in Table

1, of Part ‘B’, plus 15% thereof with a minimum payment of four (4) hours for each engagement. This loaded rate of pay is in lieu of all leave entitlements, other than recreation and extended leave.

5.4 A casual staff member shall be entitled to the shift allowances prescribed in clause 7, Shift Work, where

a shift commences prior to 6 a.m. or finishes subsequent to 6 p.m. 5.5 For weekend and public holiday work, casual staff members shall, in lieu of all other penalty rates and

the 15% casual loading, receive the following rates:

(a) time and one half for work between midnight Friday and midnight Saturday; (b) time and three quarters for work between midnight Saturday and midnight Sunday; and (c) double time and one half for work on a public holiday. (d) for the purpose of this clause, any shift of which 50% or more is worked on a Saturday, Sunday

or public holiday shall be deemed to have been worked wholly on a Saturday, Sunday or public holiday and shall be paid as such.

5.6 On termination a casual employee shall be paid 1/12th of ordinary earnings in lieu of recreation leave. 5.7 A casual employee's employment may be terminated for any reason by the giving of one hour’s notice

by either party.

6. Part-time Employment 6.1 The Department is committed to providing part-time work opportunities where practicable. Such

arrangements should provide flexibility for effective use of resources for the Department's operation and be of benefit to staff members.

6.2 Part-time staff members 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 for the position.

6.3 Part-time arrangements must be acceptable to both the Department and the staff member and shall be in

accordance with Flexible Work Practices Policy and Guidelines issued by the PEO. 6.4 Where a part-time staff member works more hours than the ordinary hours of work for full-time staff

members engaged on a shift, overtime, in accordance with Clause 11 - Overtime, shall apply. 6.5 Operational and Managerial Stream

(a) For the purposes of this Award, an operational or managerial stream part time staff member is one who is permanently appointed to work a specified number of hours less than 152 hours per 28 days. A part time staff member will be free from duty for not less than eight days in each cycle.

(b) A part-time staff member may work up to 152 hours in a 28 day period and in such case shall be

paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.


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6.6 Counselling and Administrative Stream

(a) For the purposes of this Award, a part time counselling or administrative staff member is one who is permanently appointed to work a specified number of hours less than 35 hours in a five day week.

(b) A part-time staff member may work up to 35 hours in a 5 day week and in such case shall be

paid for the hours actually worked at an hourly rate calculated on the appropriate rate prescribed in this Award.

7. Shift Work - Operational Stream

7.1 Monday to Friday - Shift Loadings

(a) A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following shift loadings depending on the commencing times of such shifts:

Day at or after 6am and before 10.00 am Nil Afternoon at or after 10am and before 1.00 pm- 10% Afternoon at or after 1pm and before 4.00 pm 12.5% Night at or after 4pm and before 4.00 am 15% Night at or after 4am and before 6.00am 10%

(b) The loadings specified in this sub-clause shall only apply to shifts worked from Monday to

Friday. 7.2 Weekends and Public Holidays - Penalties

(a) For the purpose of this sub-clause, any shift of which 50% or more is worked on a Saturday, Sunday or public holiday shall be deemed to have been worked wholly on a Saturday, Sunday or public holiday and shall be paid as such.

(b) Saturday Shifts - Shift workers working on an ordinary rostered shift between midnight on

Friday and midnight on Saturday which is not a public holiday, shall be paid for such shifts at ordinary time and one half.

(c) Sunday Shifts - Shift workers working on an ordinary rostered shift between midnight on

Saturday and midnight on Sunday which is not a public holiday, shall be paid for such shifts at ordinary time and three quarters.

(d) Public Holidays - The following shall apply:

(i) where a shift worker is required to and does work on a public holiday, the shift worker

shall be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or shift allowances which would have been payable if the day had not been a public holiday;

(ii) a shift worker rostered off duty on a public holiday shall be paid one day’s pay for that

public holiday or have one day added to his/her annual leave entitlement for each such day.

(e) A shift worker is entitled to receive compensation for regularly working Sundays and public

holidays as specified in sub-clause 9.1(b) of Clause 9 - Annual Leave.


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8. All Incidences Allowance - Managerial Stream

8.1 The percentage allowance prescribed in Table 2, Part B of this Award is payable to staff members

employed within the Managerial Stream in lieu of payment of shift penalties, on call, leave loading and overtime rates. However, the Director-General has the discretion to approve that work outside normal rostered hours attract the provisions of Clause 11 - Overtime.

8.2 This allowance is payable for all incidences of employment and shall be regarded as part of salary for

superannuation purposes. 8.3 The additional payment, as specified in Clause 9 - Annual Leave, also applies to staff members engaged

in the Managerial Stream.

9. Annual Leave 9.1 Operational and Managerial Streams

(a) Annual leave at the rate of six weeks per year inclusive of any public holiday/s. (b) Additional payment on the following basis:

Number of ordinary shifts worked on Sundays and/or public Additional Payment holidays during a qualifying period of twelve months from 1 December one year to 30 November the next year. 4 - 10 1/5th of one week's ordinary salary 11 - 17 2/5ths of one week's ordinary salary 18 - 24 3/5ths of one week's ordinary salary 25 - 31 4/5ths of one week's ordinary salary 32 or more One week's ordinary salary

(c) The additional payment shall be made after the 1st December in each year for the preceding

twelve months, provided that:

(i) Where the employment of a staff member is terminated or the staff member retires, the staff member shall be entitled to be paid the additional payment that may have accrued under this paragraph from the preceding 1 December until date of termination or retirement.

(ii) Payment shall made at the rate applying as at 1 December each year, or at date of

termination or retirement. 9.2 Counselling and Administrative Stream

Staff members engaged in this stream 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, that is, paid annual leave for full time staff members and annual leave for staff members working part time accrues at the rate of 20 working days per year. Staff members working part time shall accrue paid annual leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

10. Annual Leave Loading

10.1 With the exception of those staff members engaged in the Managerial Stream, staff members under the

terms of this Award are entitled to the payment of an annual leave loading of 17.5% on the monetary value of four weeks recreation leave accrued in a leave year.


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10.2 Loading on additional leave accrued: Where additional leave is accrued by staff members:

(a) as compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the higher; or

(b) if located in an area of the State of New South Wales which attracts a higher rate of annual leave

accrual, the annual leave loading shall continue to be paid on a maximum of 4 weeks leave. 10.3 Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

(a) the shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

(b) 17½% annual leave loading.

10.4 The annual leave loading payable shall not exceed the amount which would have been payable to a staff

member in receipt of salary equivalent to the maximum salary for Grade 12 Clerk. 10.5 Leave year: For the purposes of the calculation of the annual leave loading, the leave year shall

commence on 1 December each year and shall end on 30 November of the following year.

11. Overtime 11.1 All Streams

Overtime shall be paid to staff members engaged under this Award at the following rates and conditions:

(a) The rates specified are in substitution for and not cumulative upon the rates payable for work

performed on Monday to Friday, Saturday, Sunday or public holidays. (b) For the purposes of assessing overtime each day shall stand alone. Where any one period of

overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if it had occurred within the one day.

(c) Overtime shall be paid for hours worked in excess of the ordinary hours of work, as defined in

Clause 4 - Hours. Entitlements under this clause for staff members in the Managerial Stream are restricted by the provisions of Clause 8 - All Incidences Allowances - Managerial Stream .

(d) Weekdays (Monday to Friday inclusive) - at the rate of time and one-half for the first two hours

and at the rate of double time thereafter for all directed overtime worked outside the staff member’s ordinary hours of duty.

(e) Saturday - All overtime worked on a Saturday at the rate of time and one-half for the first two

hours and at the rate of double time thereafter. (f) Sundays - All overtime worked on a Sunday at the rate of double time. (g) Public Holidays - All overtime worked on a public holiday at the rate of double time and one

half. (h) A staff member may be directed to perform reasonable overtime. A staff member must report for

duty if required unless exceptional circumstances exist.


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(i) For Operational Stream only: Where a change in a staff member’s roster occurs with less than 48 hours notice to the staff member affected, all time worked outside that shown on the staff member’s roster (prior to alteration) shall be paid for at overtime rates.

11.2 Break After Overtime

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

(b) Where a staff member, at the direction of the Department, resumes or continues work without

having had eight consecutive hours off duty then the staff member shall be paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to eight consecutive hours off duty.

11.3 Recalled to Work Overtime

(a) "On Call" - When a staff member, other than a staff member engaged in the Managerial Stream, is directed to be on call for a possible recall to duty, payment of an “on call” allowance shall be made. The allowance to be paid is that specified by the Crown Employees (Public Service Conditions of Employment) Award 1997 and subsequent variations.

(b) Staff members recalled to work overtime after leaving the Department’s premises, shall be paid

for a minimum of four hours work at the appropriate rate for each time so recalled.

12. Leave in Lieu of Payment of Overtime A staff member who at the direction of the Department works overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of time worked. The following provisions shall apply to taking the leave in lieu: 12.1 the staff member shall advise the supervisor before the overtime is worked or as soon as practicable on

completion of overtime, that the staff member intends to take leave in lieu of payment; 12.2 the leave shall be calculated at the same rate as would have applied to the payment of overtime in

Clause 11, Overtime. 12.3 the leave must be taken at the convenience of the Department, except when leave in lieu is being taken

to look after a sick family member in terms of clause 85, Sick Leave to Care for a Family Member, of the Crown Employees (Public Service Conditions of Employment) Award 1997 and subsequent variations;

12.4 the leave shall be taken in multiples of no less than a quarter day; 12.5 leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by

the Department and taken by the staff member within three months of accrual; 12.6 at the staff member's election, leave in lieu accrued in respect of overtime worked on a public holiday

may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and

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

13. Leave Entitlements


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13.1 All leave (except for extended leave) shall be granted and administered in accordance with Part 6 of the Regulation and the leave provisions of the Crown Employees (Public Service Conditions of Employment) Award 1997 and subsequent variations.

13.2 Extended leave shall accrue and shall be granted to staff members in accordance with the provisions of

Schedule 5 to the Act.

14. Rates of Pay and Allowances The minimum rates of pay and allowances to be paid to staff members are set out in Table 1, Part B of this Award.

15. Higher Duties 15.1 Staff members engaged in the Managerial and Operational Streams, when called upon by the

Department to perform work of a classification or position paid on a higher rate, shall be paid the higher rate on the completion of a minimum of one eight hour shift, or equivalent working day.

15.2 Staff members engaged in the Counselling and Administrative Stream when called upon by the

Department to perform work of a classification or position paid on a higher rate shall be paid the higher rate in terms of the Regulations.

15.3 Relieving for part of a shift in a higher position shall not attract monetary payment but shall be

compensated through the acquisition of skills and experience gained by this opportunity. 15.4 The provisions of this clause apply only where a staff member relieves in another position covered by

this Award.

16. Entry, Promotion and Qualifications 16.1 The appointment of staff members to vacant positions shall be by competitive merit selection process, or

by transfer between like positions, as set out in the Act. 16.2 Staff members are required to complete the qualifications as specified in Tables 1 (a), (b) or (c),

Appendix A, of this Award for entry into a stream. 16.3 Staff members are required to complete the qualifications as specified in Tables 1 (a), (b), or (c),

Appendix A, of this Award for progression within a stream or across streams. 16.4 Staff members employed prior to the commencement date of this Award may be:

(a) appointed to the following vacant positions namely:

(i) Table 1 (a) (iv), Appendix A, re Unit Coordinator; or (ii) Table 1 (b) (i), Appendix A, re Unit Manager; or (iii) Table 1 (b) (ii), Appendix A, re Assistant Manager; or (iv) Table 1 (b) (iii), Appendix A, re Assistant Manager (Client Services); (v) Table 1 (b) (iv), Appendix A, re Centre Manager; and

(b) subject to subclause 16.1. of this Award; and (c) exempt from the requirements of subclause 16.2. for this transition to the Award; and


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(d) dealt with under Clause 17, Transitional Arrangements.

17. Transitional Arrangements 17.1 Appendix B - Transition of Existing Classifications, Part B of this Award outlines existing

classifications and translation to the remuneration and classification structure applicable to this Award. 17.2 Staff members appointed under sub-clause 16.4. of Clause 16 - Entry, Promotion and Qualifications of

this Award shall be required to meet the following conditions:

(a) staff members appointed to a position outlined in Table 1 (a) (iv), Appendix A, Part B shall be required to obtain the qualification specified within three years of the full availability of the prescribed qualification.

(b) staff members appointed to a position outlined in Tables 1 (b) (i) and (ii), appendix A, Part B

shall be required to obtain the qualification specified within six years of appointment to the position.

(c) staff members, who hold a three year degree, appointed to a position outlined in Table 1 (b) (iii),

Appendix A, Part B shall be required to obtain the qualification specified within three years of appointment to the position.

17.3 Staff members covered by sub-clause 17.2 of this clause shall remain on the incremental year to which

he/she was appointed under Clause 16 - Entry, Promotion and Qualifications, until such time he/she completes the prescribed qualification.

17.4 Should a staff member be unable to meet the prescribed qualification requirements within the

timeframes outlined in sub-clause 17.2 of this clause, the staff member shall be deemed not to meet the requirements of the position and shall be placed in a position within the previous Level and receive the highest salary appropriate to the previous level. However should the non-completion of the prescribed qualification requirement by the staff member be due to compelling personal or compassionate reasons or operational exigencies, the decision to place the staff member at a lower level shall be reviewed.

17.5 The onus is on the staff member to show cause for their inability to complete the qualification

requirements to the Centre Manager for endorsement and approval by the Director Human Resources. 17.6 Should the staff member be aggrieved by the decision given, the process for resolution of the grievance

as outlined in Clause 19, Settlement of Disputes, are to be followed.

18. Uniforms and Protective Clothing 18.1 Sufficient and serviceable uniforms or overalls shall be supplied, free of cost, to each staff member or

casual staff member required to wear them, provided that any staff member or casual staff member to whom a new uniform or part of a uniform has been supplied by the Department who without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price.

18.2 A staff member or casual staff member on leaving the service of the Department shall return any

uniform or part thereof supplied by the Department which is still in use by that staff member immediately or prior to leaving.

18.3 If the uniform of a staff member or casual staff member is not laundered at the expense of the

Department, an allowance prescribed in Table 2 - Allowances, of Part B of the Award, shall be paid to such staff members.

18.4 Each staff member or casual staff member whose duties require him/her to work in the rain shall be

supplied with suitable protective clothing upon request.


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18.5 Each staff member or casual staff member whose duties require him/her to work in a hazardous

situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

19. Settlement of Disputes 19.1 All industrial grievances or disputes shall initially be dealt with as close to the source as possible, with

graduated steps for further attempts at resolution at higher levels of authority within the department, if required.

19.2 A staff member is required to notify in writing their immediate supervisor, as to the substance of the

grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

19.3 The immediate supervisor shall convene a meeting in order to resolve the grievance, dispute or

difficulty within two working days, or as soon as practicable, of the matter being brought to attention. 19.4 If the matter remains unresolved with the immediate supervisor, the staff member may request to meet

the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Centre Manager and subsequently to the Regional Director.

19.5 The Centre Manager or Regional Director may refer the matter to the Department’s Human Resources

Branch or any senior staff member delegated by the Director-General of the Department. 19.6 The Director-General may refer the matter to the PEO for consideration. 19.7 If the matter remains unresolved, the Department shall provide a written response to the staff member

and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

19.8 A staff member, at any stage, may request to be represented by the Association. 19.9 If the matter remains unresolved, either of the parties may refer the matter to the New South Wales

Industrial Relations Commission. The parties shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

19.10 Whilst the procedures outlined in this clause are being followed, normal work undertaken prior to

notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

20. Anti Discrimination

20.1 It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the


20.2 It follows that in fulfilling their obligations under Clause 19 - Settlement of Disputes, 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 shall 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.


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20.3 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. 20.4 Nothing in this clause is to be taken to affect:


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. 20.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by

legislation referred to in this clause. 20.6 The Department and its employees may also be subject to Commonwealth Anti-Discrimination

legislation. 20.7 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.”


21.1 The Association shall provide the Department with a schedule setting out union fortnightly membership

fees payable by members of the Association in accordance with the Association's rules. 21.2 The Association shall advise the Department of any change to the amount of fortnightly membership

fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the Department at least one month in advance of the variation taking effect.

21.3 Subject to 21.1 and 21.2 above, the Department shall deduct union fortnightly membership fees from

the pay of any staff member who is a member of the Association in accordance with the Association's rules, provided that the staff member has authorised the Department to make such deductions.

21.4 Monies so deducted from staff member's pay shall be forwarded regularly to the Association together

with all necessary information to enable the Association to reconcile and credit subscriptions to staff members' union membership accounts.

21.5 Unless other arrangements are agreed to by the Department and the Association, all union membership

fees shall be deducted on a fortnightly basis. 21.6 Where a staff member has already authorised the deduction of union membership fees from his or her

pay prior to this clause taking effect, nothing in this clause shall be read as requiring the staff member to make a fresh authorisation in order for such deductions to continue.

22. Savings Clause

No staff member or casual staff member is to suffer a loss in salary or conditions as a result of the implementation of this Award.

23. No Extra Claims


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During the term of this Award, no salaries or other claims may be made, except if agreed to by the parties.

24. Leave Reserved This clause provides leave reserved to the Department and the Association to negotiate on the issues of rates of pay, conditions and entitlements for staff members engaged in transport related duties. Both parties commit to the completion of the negotiations on this issue within six (6) months of the commencement date of this Award.

25. Notation This Award shall apply in place of the following industrial instruments with respect to the classifications contained in this Award:

Crown Employees (Administrative and Clerical Officers - Salaries 2000) Award. Clerical Officers, All Departments Agreement No 2515 of 1988. Section 82 (1) Determination No 866 of 1987 - Departmental Professional Officers. Crown Employees (Department of Juvenile Justice - Direct Care Staff (Centres) 2001 Award. PSB Agreement No 2288 of 1980 - Superintendents and Deputy Superintendents Etc Institutions, Residential Care Division, Department of Youth and Community Services

26. Area, Incidence and Duration

26.1 This Award shall apply to staff members in the Department of Juvenile Justice in the positions and

classifications identified in this Award. 26.2 Staff members are entitled to the conditions of employment provided by this Award and by the Public

Sector Management Act 1988 and the Public Sector Management (General) Regulation 1996. The provisions of the Crown Employees (Public Service Conditions of Employment) Award 1997 or any replacement award, also apply to staff members covered by this Award, except where specifically varied by this Award.

26.3 Staff members shall be remunerated in accordance with the Crown Employees (Public Sector - Salaries

January, 2002) Award and any variation or replacement award. Salaries at the time of making this Award are set out in Table1 Rates of Pay in Part B of this Award.

26.4 The Award shall take effect from the first full pay period on or after 31 August 2002 and remains in

force until 30 June 2004.

PART B

Table 1 - Rates of Pay - First Pay Period 01/01/02

Level Year A &C Grade Operational Operational Counselling and Managerial Equivalent Casual Hourly Administrative Rate (1)

1 1 GS Year 4 28,360 $14.30 2 GS Year 5 29,560 $14.91 3 GS Year 7 30,842 4 GS Year 8 31,983 5 GS Year 9 33,141 6 GS Year 10 34,366 $17.33 34,366

2 1 Min 1 36,259 $18.29 36,259 2 Max 1 37,325 $18.82 37,325


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3 Min 2 38,365 $19.35 38,365 4 Max 2 39,417 $19.88 39,417

3 1 Min 3 40,536 2 Max 3 41,757

4 1 Min 4 43,062 43,062 2 Max 4 44,385 44,385 3 Min 5 47,850 47,850 4 Max 5 49,360 49,360

5 1 Min 6 51,294 51,294 2 Max 6 52,798 52,798 3 Min 7 54,379 54,379 4 Max 7 56,006 56,006

6 1 Min 8 58,339 58,339 2 Max 8 60,193 60,193 3 Min 9 61,987 61,987 4 Max 9 63,730 63,730

7 1 Min 10 66,333 66,333 2 Max 10 68,309 68,309

8 1 Min 11 71,694 2 Max 11 74,735

9 1 Min 12 79,416 2 Max 12 82,914

(1) Does not include 15% casual loading


Level Year A &C Grade Operational Operational Counselling and Managerial Equivalent Casual Hourly Administrative Rate (1)

1 1 GS Year 4 29,494 $14.88 2 GS Year 5 30,742 $15.50 3 GS Year 7 32,076 4 GS Year 8 33,262 5 GS Year 9 34,467 6 GS Year 10 35,741 $18.03 35,741 2 1 Min 1 37,709 $19.02 37,709 2 Max 1 38,817 $19.58 38,817 3 Min 2 39,900 $20.12 39,900 4 Max 2 40,994 $20.67 40,994 3 1 Min 3 42,157 2 Max 3 43,427 4 1 Min 4 44,784 44,784 2 Max 4 46,160 46,160 3 Min 5 49,764 49,764 4 Max 5 51,334 51,334 5 1 Min 6 53,346 53,346 2 Max 6 54,910 54,910 3 Min 7 56,554 56,554 4 Max 7 58,246 58,246 6 1 Min 8 60,673 60,673 2 Max 8 62,601 62,601 3 Min 9 64,466 64,466 4 Max 9 66,279 66,279 7 1 Min 10 68,986 68,986 2 Max 10 71,041 71,041 8 1 Min 11 74,562


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2 Max 11 77,724 9 1 Min 12 82,593 2 Max 12 86,231



Level Year A &C Grade Operational Operational Counselling and Managerial

Equivalent Casual Hourly Administrative Rate (1)

1 1 GS Year 4 30,969 $15.62 2 GS Year 5 32,279 $16.28 3 GS Year 7 33,680 4 GS Year 8 34,925 5 GS Year 9 36,190 6 GS Year 10 37,528 $18.93 37,528

2 1 Min 1 39,594 $19.97 39,594 2 Max 1 40,759 $20.56 40,759 3 Min 2 41,785 $21.07 41,785 4 Max 2 43,044 $21.71 43,044

3 1 Min 3 44,265 2 Max 3 45,598

4 1 Min 4 47,023 47,023 2 Max 4 48,468 48,468 3 Min 5 52,252 52,252 4 Max 5 53,901 53,901

5 1 Min 6 56,013 56,013 2 Max 6 57,656 57,656 3 Min 7 59,382 59,382 4 Max 7 61,158 61,158

6 1 Min 8 63,707 63,707 2 Max 8 65,731 65,731 3 Min 9 67,689 67,689 4 Max 9 69,593 69,593

7 1 Min 10 72,435 72,435 2 Max 10 74,593 74,593

8 1 Min 11 78,290 2 Max 11 81,610

9 1 Min 12 86,723 2 Max 12 90,543


Table 2 - Allowances Operational Stream

Allowance Salary FPP 01/01/02 Salary FPP 01/01/03 Salary FPP 01/07/03 Broken Shift Allowance $5.04 per shift $5.24 per shift $5.50 per shift Chokage Allowance $2.78 per week $2.89 per week $3.03 per week Uniform Allowance $2.88 per week $3.00 per week $3.15 per week Trade Allowance $1,100.00 per annum $1,144.00 per annum $1,201.00 per annum


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Chokage Allowance is provided to staff members who are required to assist in clearing sewerage chokages and are required to assist in opening up any soil pipe, waste pipe, drain pipe or pump containing sewerage or who are required to work in a septic tank in operation.

Managerial Stream

All Incidences Allowance - 22%

APPENDIX A

Table 1 (a) - Operational Stream - Entry, Promotion and Qualifications (i) Kitchen Support Officer

Level Year Salary Salary Salary Qualification and Experience FPP FPP FPP 01/01/02 01/01/03 01/07/03

1 1 28,360 29,494 30,969 Relevant experience. 2 29,560 30,742 32,279 Relevant experience.

Kitchen Support Officers shall not progress further through the Operational Stream after attainment of Level 1 Year 2.

(ii) Youth Officer


1 6 34,366 35,741 37,528 Completion of 3 units of Certificate III in Juvenile

Justice (Youth Work); or possession of Higher School Certificate or higher qualification; or School Certificate or equivalent plus trade/equivalent qualifications; or School Certificate plus appropriate managerial/supervisory experience.

2 1 36,259 37,709 39,594 Completion of Certificate III in Juvenile Justice (Youth Work) + relevant experience.

2 2 37,325 38,817 40,759 As Above 2 3 38,365 39,900 41,785 As Above 2 4 39,417 40,994 43,044 Completion of Certificate IV in Juvenile Justice (Youth Work) + relevant experience

Entry to Level 2 Year 2 is automatic upon advice of successful completion of Certificate III in Juvenile Justice + relevant experience. Annual increments shall occur on the anniversary of the completion of Certificate III subject to satisfactory performance. (iii)

(a) Vocational Instructor (Trade, Maintenance, Grounds)


1 6 34,366 35,741 37,528 Relevant Trade Certificate and Train Small


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Groups qualification (Category 1) or equivalent or the willingness to obtain this qualification.

2 1 36,259 37,709 39,594 Relevant Trade Certificate and Train Small Groups qualification (Category 1) or equivalent plus relevant experience.

2 2 37,325 38,817 40,759 As Above 2 3 38,365 39,900 41,785 As Above 2 4 39,417 40,994 43,044 As Above

If the staff member holds a trade qualification relevant to the staff member’s vocational employment classification, the staff member shall be paid an allowance at the rate of $1,100.00 per year in addition to the rates prescribed.

(iii)

(b) Vocational Instructor (Cook)


1 6 34,366 35,741 37,528 TAFE Certificate II in Commercial Cookery and Train Small Groups qualification (Category 1) or equivalent or the willingness to obtain this qualification.

2 1 36,259 37,709 39,594 TAFE Certificate II in Commercial Cookery and Train Small Groups qualification (Category 1) or equivalent plus relevant experience.


(iv) Unit Coordinator


4 1 43,062 44,784 47,023 Completion of Certificate IV in Juvenile Justice (Youth Work) or Community Services or equivalent plus relevant experience.


Table 1 (b) - Managerial Stream - Entry, Promotion and Qualifications

(i) Unit Manager

Level Year Salary Salary Salary Qualification FPP FPP FPP 01/01/02 01/01/03 01/07/03

5 1 51,294 53,346 56,013 Completion of Certificate IV in Juvenile Justice (Youth Work) or Community Services (or equivalent) plus relevant experience and Certificate IV in Management and Team


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Leadership or Certificate IV in Human Resources Management or Graduate Certificate in Management (or equivalent).

5 2 52,798 54,910 57,656 As above 5 3 54,379 56,554 59,382 As above 5 4 56,006 58,246 61,158 As above

(ii) Assistant Manager


6 1 58,339 60,673 63,707 Completion of Diploma in Behavioural Science, Management or equivalent plus relevant experience.


(iii) Assistant Manager (Client Services)


6 3 61,987 64,466 67,689 Four (4) year degree in a relevant discipline plus relevant experience.

6 4 63,730 66,279 69,593 As Above (iv) Centre Manager


7 1 66,333 68,986 72,435 Completion of Diploma in Behavioural Science, Management or equivalent plus relevant experience. 2 68,309 71,041 74,593 As Above



The Centre Manager position of Baxter Juvenile Justice Centre shall be in the Level 9 band. The Centre Manager positions of Cobham, Reiby, Kariong and Yasmar Juvenile Justice Centres shall be in the Level 8 band. The Centre Manager positions at Riverina, Keelong, Acmena and Orana Juvenile Justice Centres shall be in the Level 7 band.


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Table 1 (c) - Counselling and Administrative Stream - Entry, Promotion and Qualifications (i) Administrative


1 3 $30,842 32,076 33,680 4 $31,983 33,262 34,925 5 $33,141 34,467 36,190 6 $34,366 35,741 37,528

2 1 $36,259 37,709 39,594 2 $37,325 38,817 40,759 3 $38,365 39,900 41,785 4 $39,417 40,994 43,044

3 1 $40,536 42,157 44,265 2 $41,757 43,427 45,598

4 1 $43,062 44,784 47,023 2 $44,385 46,160 48,468

(ii) Counsellors


2 1 36,259 37,709 39,594 Completion of 3 year degree plus relevant 4 39,417 40,994 43,044 experience. Completion of 3 year degree and 1 year’s service or completion of year degree plus relevant experience.

3 2 41,757 43,427 45,598 As Above 4 2 44,385 46,160 48,468 As Above 3 47,850 49,764 52,252 As Above 4 49,360 51,334 53,901 As Above

5 2 52,798 54,910 57,656 As Above 3 54,379 56,554 59,382 As Above 4 56,006 58,246 61,158 As Above

APPENDIX B

Transition of Existing Classifications (All tables are to be read from left to right) Senior Youth Workers to Youth Officers

Existing Transition Arrangements


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Scale Salary No Certificate Salary Certificate Salary Certificate Salary III III IV

Year 1 33,074 Level 1 Year 6 34,366 Level 2 Year 1

36,259 Level 2 Year 1

36,259



37,325

Year 3 34,969 Level 2 Year 1 36,259 Level 2 Year

3 38,365 Level 2 Year

3 38,365



39,417

Vocational Instructors

Existing Transition Arrangements Scale Salary No Trade New Trade New Qualification Salary Qualification Salary Year 1 35,568 Level 2 Year 1 36,259 Level 2 Year 1 36,259 Year 2 36,221 Level 2 Year 1 36,259 Year 3 36,895 Level 2 Year 2 37,325 Year 4 37,546 Level 2 Year 3 38,365 Year 5 38,252 Level 2 Year 3 38,365 Year 6 38,964 Level 2 Year 4 39,417

Existing Vocational Instructors without qualifications shall translate to the appropriate salary rate as if they held qualifications. No further progression through the new scale shall occur until a qualification is obtained.

Maintenance Officers and Outdoor Attendants to Vocational Instructors

Existing Transition Arrangements Scale Salary No Trade New Salary Trade New

Qualification Qualification Salary Year 1 Outdoor Level 1 Year 6 34,366 Level 2 Year 1 36,259 Attendants 29,508 Maintenance Officers 30,802 Year 2 Outdoor Level 1 Year 6 34,366 Level 2 Year 1 36,259 Attendants 29,763 Maintenance Officers 31,311

Existing Maintenance Officers/Outdoor Attendants without qualifications shall translate to the appropriate salary rate as if they held qualifications. No further progression through the new scale shall occur until a qualification is obtained. Those officers with pre-requisite qualifications shall progress through the salary scale for Vocational Instructors.

DPO's to ‘Counsellors’

Existing Transition Arrangements Scale Salary 3 Year New 4 Year New

Degree Salary Degree Salary Gde 1Yr 1 36,259 Level 2 Yr 1 36,259 Level 2 Yr 4 39,417 Gde 1 Y 2 37,686 Level 2 Yr 4 39,417 Level 3 Yr 2 41,757 Gde 1Yr 3 39,788 Level 3 Yr 2 41,757 Level 4 Yr 2 44,385


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Gde 1Yr 4 42,646 Level 4 Yr 2 44,385 Level 4 Yr 3 47,850 Gde 1Yr 5 45,667 Level 4 Yr 3 47,850 Level 4 Yr 4 49,360 Gde 1 Yr 6 48,376 Level 4 Yr 4 49,360 Level 5 Yr 1 51,294 Gde 2 Yr 1 50,746 Level 5 Yr 1 51,294 Level 5 Yr 2 52,798 Gde 2 Yr 2 52,250 Level 5 Yr 2 52,798 Level 5 Yr 3 54,379 Gde 2 Yr 3 53,842 Level 5 Yr 3 54,379 Level 5 Yr 4 56,006

Gde 2 Yr 4 56,006 Level 5 Yr 4 56,006 Level 6 Yr 1 58,339 Gde 3 Yr 1 58,339 Level 6 Yr 1 58,339 Level 6 Yr 1 58,339 Gde 3 Yr 2 60,193 Level 6 Yr 2 60,193 Level 6 Yr 2 60,193 Gde 3 Yr 3 61,392 Level 6 Yr 3 61,987 Level 6 Yr 3 61,987 Gde 3 Yr 4 63,730 Level 6 Yr 4 63,730 Level 6 Yr 4 63,730 Gde 4 Yr 1 66,333 Level 7 Yr 1 66,333 Level 7 Yr 1 66,333 Gde 4 Yr 2 67,647 Level 7 Yr 2 68,309 Level 7 Yr 2 68,309

E. A. R. BISHOP, Commissioner.



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(700) SERIAL C3217

CROWN EMPLOYEES (NSW FIRE BRIGADES RETAINED

FIREFIGHTING STAFF) AWARD 2004


Notification under section 130 by NSW Fire Brigades and another dispute with New South Wales Fire Brigade Employees Union re industrial bans.

(No. IRC 2602 of 2004)

Before Mr Deputy President Grayson 9 June 2004

AWARD

PART A

Clause 1 - Introduction 1.1 This Award shall be known as the "Crown Employees (NSW Fire Brigades Retained Fire fighting Staff)

Award 2004". 1.2 This Award regulates the rates of pay and conditions of employment for employees covered by this

Award.

2. Index


1. Title 2. Index 3. Basic Wage 4. Definitions 5. Intentions and Commitments 6. Rates of Pay and Allowances 7. Higher Duties 8. Meals and Refreshments 9. Use of Personal Transport 10. Annual Leave 11. Long Service Leave 12. Military Leave 13. Parental Leave 14. Personal/Carer’s Leave 15. Sick Leave 16. Special Leave for Union Activities 17. Court Attendance Entitlements 18. Training Course Attendance Entitlements 19. Travelling Compensation 20. Transfers


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21. Procedures Regarding Reports and Charges 22. Acknowledgment of Applications and Reports 23. Training and Staff Development 24. Protective Clothing and Uniforms 25. Disputes Avoidance Procedures 26. Attendance Requirements at Incidents and Drills 27. Attendance at Major Emergencies 28. Drug and Alcohol Protocol 29. Salary Sacrifice to Superannuation 30. Wage/Salary Packaging Arrangements 31. Bereavement Leave 32. Anti-Discrimination 33. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Payment Entitlement Codes

Table 2 - Travelling Compensation Allowances Table 3 - Authorised Duties

3. Basic Wage

3.1 This Award, in so far as it fixes rates of pay, is made by reference and in relation to a basic wage for

adults of $121.40 per week. 3.2 The said basic wage may be varied by the Commission under subclause 2 of Clause 15 of Division 4 of

Part 2 of Schedule 4, Savings, Transitional and other provisions, of the Industrial Relations Act 1996. 3.3 A reference in this Award to the adult basic wage is to be read as a reference to the adult basic wage

currently in force under the said clause 15.

4. Definitions "Brigade" for the purposes of this Award means any individual brigade of the NSW Fire Brigades constituted under the Fire Brigades Act 1989. "Commissioner" means Commissioner of the Department holding office as such under the Public Sector Employment and Management Act 2002. "Department" means NSW Fire Brigades established by the Fire Brigades Act 1989 and as a Department under Schedule 1 of the Public Sector Employment and Management Act 2002. "Employee" means a person classified by the Department as a Retained Fire-fighter and appointed as a Volunteer Fire-fighter pursuant to the provisions of the Fire Brigades Act 1989. "Fire District" has the same meaning as in the Fire Brigades Act 1989. "GSA" (Greater Sydney Area) means within the area bounded by the Local Government areas of Pittwater, Hornsby, Baulkham Hills, Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland. "Incident" means a fire call or any other emergency incident attended by the NSW Fire Brigades. "PEO" means the Public Employment Office. "Retainer" means the relevant amount set out at Entitlement Codes A, B, C, D, E or F paid per month to employees in accordance with their classification, less $25.


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"Service" for the purposes of determining leave entitlements, means continuous service. "Special Leave Without Pay" means a period of approved unpaid leave during which the employee’s retainer shall be unaffected. "Substantial Meal" means a meal similar in standard to that provided by domestic airlines to in-flight passengers travelling interstate economy class. "Union" means the New South Wales Fire Brigade Employees' Union.

5. Intention 5.1 The intention of this Award is to regulate the rates of pay and conditions of employment for employees

covered by this Award.

6. Rates of Pay and Allowances 6.1 Rates of pay and retainers shall be paid in accordance with the Entitlement Codes for an employee’s

classification, as prescribed in subclause 6.3.1. The monetary amounts corresponding to the Entitlement Codes are as set out in Table 1 - Payment Entitlement Codes, of Part B, Monetary Rates.

6.2 The retainers include a loading in compensation for:

6.2.1 Annual leave loading. 6.2.2 The driving and operating of all vehicles operated by appropriately qualified employees as at 30

September 1999 and rescue and hazmat vehicles outside the GSA and the Newcastle, Lake Macquarie, Wollongong, Shellharbour, Gosford, Wyong and Blue Mountains Local Government Areas. The operation of any other vehicles shall be by agreement between the Union and the Department.

6.2.3 Rescue, Cordage, Hazmat & Unit Trainer capabilities and CBT qualifications required to be held

under subclause 6.3. 6.3 Rates of Pay and Classifications

6.3.1 Entitlement Codes

Classification Type of Payment and Entitlement Code Retainer Rate of Pay Each subsequent half-hour per month 1st Hour or part thereof

Captain A A G I Captain B B G I Deputy Captain A B H J Deputy Captain B C H J Fire-fighter A D H J Fire-fighter B E H J Fire-fighter C F H J

6.3.2 All employees shall commence employment in the classification of Retained Fire-fighter and

shall be paid the Level C retainer rate. 6.3.3 Progression of Retained Fire-fighters from Level C retainer payment to Level B retainer payment

shall be subject to the satisfactory completion of:


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6.3.3.1 12 months service from the date of commencement of employment as a retained fire-fighter; and

6.3.3.2 the training and/or training competencies specified, by the Commissioner on the

advice of the Training Review Committee, for such progression.

6.3.4 Progression of Retained Fire-fighters from Level B retainer payment to Level A retainer payment shall be subject to the satisfactory completion of:

6.3.4.1 24 months service from the date of commencement of employment as a retained

fire-fighter; and 6.3.4.2 the training and/or training competencies specified, by the Commissioner on the


6.3.5 Progression from Retained Fire-fighter to Deputy Captain or Captain, or from Deputy Captain to Captain shall in each case be subject to a vacancy and shall be determined solely on the basis of competitive merit selection. Selection Committees shall be constituted in accordance with the Recruitment and Employment Guidelines and Procedures of the NSW. Public Service.

6.3.6 Progression of Deputy Captains from Level B retainer payment to Level A retainer payment

shall be subject to the satisfactory completion of:

6.3.6.1 12 months service from the date of appointment as Deputy Captain; and 6.3.6.2 the training and/or training competencies specified, by the Commissioner on the


6.3.7 Progression of Captains from Level B retainer payment to Level A retainer payment shall be subject to the satisfactory completion of:

6.3.7.1 12 months service from the date of appointment as Captain; and 6.3.7.2 the training and/or training competencies specified, by the Commissioner on the


6.3.8 All employees who, at the date of commencement of this Award, had completed less than twelve months service shall be paid at the Level C retainer rate applying to their classification.

6.3.9 All employees who, at the date of commencement of this Award, had completed more than

twelve months but less than two years service shall be paid at the Level B retainer rate applying to their classification.

6.3.10 All employees who, at the date of commencement of this Award, had completed two or more

years service shall be paid at the Level A retainer rate applying to their classification. 6.4 Restowing of Fire fighting Vehicles

6.4.1 When a fire fighting vehicle at a Brigade is required to be restowed the following provisions and conditions shall apply:

6.4.2 With 24 Hours Notice

6.4.2.1 Where at least 24 hours notice has been given, where possible, a minimum of four

employees shall undertake the restow. The payment for each employee undertaking the restow of the fire fighting vehicle shall be an amount calculated in accordance with the following formulae. The formulae are to be applied


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irrespective of whether or not the number of employees undertaking the restow is four.

6.4.2.1.1 Payment to be made to each employee, other than a Captain:

8 x H

y

6.4.2.1.2 Payment to be made to a Captain, where a Captain also undertakes the restow:

8 x G

y

6.4.2.1.3 Key:

H = The Hourly Rate of Pay specified at Entitlement Code "H" at Table 1 of Part B Y = Total number of employees undertaking the restow, including the Captain if the Captain also undertakes the restow G = The Hourly Rate of Pay specified at Entitlement Code "G" at Table 1 of Part B

6.4.3 Restows shall, where possible, be carried out between 1800 and 2000 hours. 6.4.4 Without 24 Hours Notice

6.4.4.1 Where less than 24 hours notice has been given, the restow is to be regarded as an

attendance at an incident. Each employee undertaking the restow shall be paid for all time so spent at the rate(s) prescribed for the employee's classification.

6.4.5 General Provisions

6.4.5.1 Restows of fire fighting vehicles shall include road testing and pump testing and,

under normal circumstances, should be completed within one hour. 6.5 Employees appointed as Unit Trainers shall receive payment at the rates prescribed at Items G and I

when delivering training at normal station drills, for the duration of the drill. 6.6 Calculation of Payment for Duties Performed

6.6.1 Employees shall be paid, subject to the provisions of subclause 6.6.2, for the total period of time spent performing duties, which shall be calculated as follows:

6.6.1.1 Attendance at Scheduled Weekend Training courses - the period of attendance

shall be equivalent to the scheduled training hours. 6.6.1.2 Major Emergencies - Periods of attendance for the purpose of calculating payment

shall be calculated having regard to the provisions of subclause 27.5. 6.6.1.3 Attendance at Zone Conferences - the period of attendance shall be equivalent to

the scheduled hours of the conference. 6.6.1.4 In all other instances - employees shall be paid for the period that elapses from the

time the employee signed on in the occurrence book at the employee’s station,


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until the time such employee signs off in the occurrence book at the employee’s station.

6.6.2 The minimum periods of payment shall be as follows:

6.6.2.1 Attendance at an incident, hazard reduction, and unit training - a minimum

payment of one hour. All subsequent time thereafter shall be paid to the half hour. 6.6.2.2 Regular drills - a minimum payment of two hours. 6.6.2.3 All other authorised duties (excepting Travelling Time) - a minimum payment of

one hour. All subsequent time to be paid to the minute. 6.6.2.4 Travelling time - where an employee is entitled to travelling time in terms of this

Award, all such time shall be paid to the minute. 6.6.2.5 Standing By - where an employee performs stand by duties in accordance with

subclause 6.8, such employee shall receive a minimum payment of one hour. All subsequent time thereafter shall be paid to the minute.

6.6.2.6 Attendance at scheduled weekend training courses and zone conferences - a

minimum payment of eight hours per day spent in attendance. 6.7 Attendance at Authorised Meetings and Other Duties

6.7.1 Where an employee is required to attend meetings or to perform other authorised duties, payment shall be made at the appropriate rate of pay for the employee’s classification for the time spent in attendance. Such authorised duties include, but are not limited to, those duties that are set out in Table 3 - Authorised Duties, of Part B, Monetary Rates.

6.7.2 Employees seeking to attend meetings and/or perform duties in accordance with subclause 6.7.1

which are not referred to in the said Table 3 must receive authorisation from the relevant Captain, Inspector or higher ranking officer prior to the performance of such duties.

6.8 Standing By for Non-Available Staff

6.8.1 Where an employee is required to stand by with a brigade to fill a vacancy created through the non-availability of fire fighting staff, retained or permanent, such employee shall be paid at the rate prescribed at Entitlement Code L of Table 1 of Part B of this Award for the period which elapses from the time the employee signed on in the occurrence book of the stand by station, until the time such employee signs off in the occurrence book of the stand by station. Provided that employees who perform stand by duties in accordance with this subclause shall not attract additional payment under this Clause for attendance at incidents or performing authorised duties or drills during the period of the stand by.

6.8.2 Employees who stand by at a station other than their own shall be paid the appropriate rate per

hour prescribed for the employee’s classification for the duration of the forward and return journeys between the employee’s station and the location of the stand-by. All such time shall be paid to the minute.

6.8.3 Where it is necessary for an employee to use the employee’s private vehicle to perform stand by

duties, such employee shall be paid the rate per kilometre prescribed at Entitlement Code "K" of Table 1 of Part B for the forward and return journeys between their residence and their station, and the forward and return journeys between their station and the location of the stand-by.

6.9 Overtime


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6.9.1 Where an employee works in excess of ten (10) consecutive hours, such employee shall be paid at overtime rates for the hours worked in excess of ten (10). Provided that the provisions of this subclause shall not apply to employees receiving payment under either Clause 27, Attendance at Major Emergencies, or subclause 6.8, Standing By for Non-Available Staff.

6.9.2 Overtime shall be paid for at the rate of time and one half for the first two (2) hours and at the

rate of double time thereafter, for the rate(s) prescribed for the employee’s classification, provided that all overtime shall be paid to the half hour in accordance with subclause 6.6.2.1.

6.10 Overpayments

6.10.1 In cases where an employee has been overpaid, the Department shall be entitled to recover such overpayment in full. Unless the employee agrees otherwise, the maximum rate at which the overpayment can be recovered is an amount calculated on a per month basis, equivalent to 10% of the employee's gross monthly remuneration.

6.10.2 In all cases where overpayments have occurred, the Department shall as soon as possible

advise the employee concerned of both the circumstances surrounding the overpayment and the amount involved. The Department will also advise the employee of the pay period from which the recovery of the overpayment is to commence.

6.10.3 The recovery rate of 10% of an employee's gross monthly remuneration referred to in

subclause 6.10.1, may be reduced by approval of the Commissioner if the Commissioner is satisfied that such a rate of recovery would cause undue hardship to the employee concerned.

6.10.4 Where an employee's remaining period of service does not permit the full recovery of any

overpayment to be achieved on the monthly basis prescribed in subclause 6.10.1, the Department shall have the right to deduct any balance of such overpayment from any monies owing to the employee on the employee's date of termination, resignation or retirement, as the case may be.

6.11 Payment of Monies

6.11.1 Employees shall be paid monthly. 6.11.2 Payments shall be made into a bank account specified by the employee, or other financial

institutions acceptable to the Department and Union. 6.12 Payroll Deductions

6.12.1 Except as provided for in subclause 6.12.2, all salary deductions shall be made in accordance with Treasury Guidelines.

6.12.2 Upon application by an employee, the Department shall make deductions from the

employee's pay for Union subscriptions. 6.13 Method of Calculation of any Future Adjustment

6.13.1 In the event of any future adjustment which is to be applied to the rates for Retainers, or Rates of Pay, then subject to subclause 6.13.2, the formulae in the following table shall be applied:

Type of Payment Method of Calculation of Future Adjustment

Retainer Add increase then round off to the nearest ten cents Rate of Pay - Multiply by 38, add the increase, round off to the nearest


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1st Hour 10 cents, then divide by 38 and round off to the nearest cent Each subsequent Divide the "1st hour" rate by 2 and round off to the nearest cent. Half-hour or part thereof

6.13.2 The formulae prescribed in subclause 6.13.1 are not applicable in cases where a future

adjustment is a flat dollar amount per week. In the event of such a flat increase occurring, any adjustments are to be made in accordance with the provisions prescribed for the application of that increase.

7. Higher Duties 7.1 Except in the case of a Deputy Captain performing Higher Duties as a Captain, the provisions and

procedures of this clause shall apply when an employee acts up and performs Higher Duties. Provided that when a Deputy Captain performs Higher Duties as a Captain, the Deputy Captain shall be paid for such duties in terms of subclause 7.3.

7.2 An employee shall not be entitled to perform Higher Duties unless the employee is qualified to perform

such duties. 7.3 An employee performing Higher Duties shall be paid for the period of relief, the difference between the

employee's usual rate of pay and the minimum rate of pay for the classification in which the Higher Duties are performed. Provided that the difference between the employee’s retainer and the retainer for the classification in which the Higher Duties are performed shall not be paid unless the Higher Duties are performed for a continuous period of seven days or more.

7.4 In selecting employees to perform Higher Duties the following procedures shall apply:

7.4.1 Where the period of relief is to be less than one month, a merit based selection process need not be applied. However, the Department shall have regard to the principles of equitably sharing career development opportunities.

7.4.2 Where the period of relief is to be more than one month and the need for the relief is known in

advance, expressions of interest shall be called for and selection made on the basis of merit. 7.4.3 Where the need for the relief is not known in advance, but it subsequently becomes known that

the duration of the relief is anticipated to be for two months or more, the initial appointment shall be made in accordance with subclause 7.4.1. However, immediately following that initial appointment expressions of interest are to be called for and selection made on the basis of merit.

7.4.4 Where the period of relief is anticipated to be for six months or more, expressions of interest

shall be called for and selection made on the basis of merit. Unless otherwise agreed between the Department and the Union, the period of this relief shall be divided equally between the successful applicants. Provided that in dividing the periods of this relief, the minimum period shall be three months. For example, if the period of relief is eight months and five applicants are found to be suitable, only the top two applicants would perform the relief and in this case, for a period of four months each.

7.4.5 For the purposes of this clause, merit shall be determined consistent with the principles and

processes underlying merit based selection in the NSW Public Service. 7.5 Attendance at an Incident

7.5.1 Any Higher Duties entitlement in terms of this clause which was actually being paid, or which should have been paid, during a period immediately prior to an incident, shall not be diminished as a consequence of the incident.


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7.5.2 Except as provided for in 7.5.1, the only other circumstances under which a Higher Duties payment is to be made during an incident is in a case where the Captain of that Brigade does not attend the incident. In such cases, only one employee shall be entitled to a Higher Duties payment in terms of this clause and that employee shall be the employee who was in charge of the incident for the majority of the time. To avoid doubt, in the case of attendance by multiple Retained Brigades, a Higher Duties payment shall be made to the relevant employee from each Brigade whose Captain does not attend the incident.

7.5.3 For the purposes of 7.5.2, the term "Captain" shall also mean "Acting Captain" in cases where an

employee was, during the period immediately prior to the incident, the Acting Captain in terms of this clause.

8. Meals and Refreshments 8.1 Attendance at an Incident

8.1.1 For the purposes of this clause, an "incident" also includes hazard reduction. 8.1.2 Where an employee attends an incident which extends for two hours or more:

8.1.2.1 In the GSA, Newcastle, Broken Hill, Wollongong, Gosford and Wyong Fire

Districts, refreshments shall be provided no later than two hours after the start of the incident.

8.1.2.2 In all other Fire Districts, refreshments shall be provided as soon as possible after

two hours but no later than three hours after the start of the incident.

8.1.3 Where such an incident extends for four hours or more, the employee shall be provided with a substantial meal. After every subsequent four hours of attendance at such an incident, a further substantial meal shall be provided.

8.2 Payment in Lieu of the Provision of Refreshments/Meals

8.2.1 Where refreshments are not provided in terms of subclause 8.1.2, an allowance set at Entitlement Code "N" of Table 1 of Part B, shall be paid.

8.2.2 Where meals are not provided in terms of subclause 8.1.3, an allowance set at Entitlement Code

"M" of Table 1 of Part B, shall be paid. 8.3 Method of Payment of Allowances in Lieu of Refreshments/Meals

8.3.1 The payments referred to in this clause shall, subject to 8.3.1.1, be made prior to or at the cessation of duty.

8.3.1.1 In cases where the Officer-in-Charge is not, or due to circumstances beyond his or

her control does not have sufficient funds available to make payment, the employee shall be paid at the earliest practicable opportunity after the cessation of duty.

8.4 Calculation of Future Adjustments to Refreshments/Meal Allowances

8.4.1 The allowances referred to in this clause shall be calculated as follows:

8.4.1.1 The amount at Entitlement Code "M" of Table 1 of Part B, is the average, rounded to the nearest five cents, of the amounts prescribed for the overtime meal allowances for breakfast, lunch and dinner under the Crown Employees (Public Service Conditions of Employment) Award 2002.


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8.4.1.2 The amount at Entitlement Code "N" of Table 1 of Part B, is half, rounded to the nearest five cents, of the amount at Entitlement Code "M" of Table 1 of Part B.

8.4.1.3 The amounts specified in subclauses 8.4.1.1 and 8.4.1.2 shall be re-calculated and

shall take effect from the same date, as any adjustments made to the overtime meal allowances for breakfast, lunch and dinner allowances in the Crown Employees (Public Service Conditions Of Employment) Award 2002.

9. Use of Personal Transport 9.1 Attendance at an incident

9.1.1 Where it is necessary for an employee to use the employee's private vehicle to attend an incident, the employee shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, per kilometre, as follows:

9.1.1.1 The return distance from the employee’s residence to the station or the distance

actually travelled on the forward and return journeys to the station, which ever is the lesser; and

9.1.1.2 The return distance from the station to the incident, if it is necessary for the

employee to use the employee’s private vehicle to travel from the station to the incident.

9.2 Attendance at Authorised Meetings and Other Duties

9.2.1 Where an employee is required to use the employee’s private vehicle to attend such meetings or to perform such other authorised duties as prescribed in subclause 6.7, the employee shall be paid the rate prescribed at Entitlement Code "K" of Table 1 of Part B, of this Award per kilometre for the actual distance necessarily and reasonably travelled for that purpose.

9.2.1.1 Provided that where an employee is authorised to, and does, use his or her own

private vehicle and the principal purpose of the journey is, or is as a consequence of, the transportation of the Department’s equipment and/or appliances from one location to another, then such employee shall be paid the appropriate rate per hour prescribed for the employee’s classification in addition to the rate per kilometre prescribed at Entitlement Code "K" of Table 1 of Part B. Provided further that, for the purposes of this subclause:

9.2.1.1.1 An employee’s turnout gear shall not be regarded as equipment. 9.2.1.1.2 The hourly rate shall be paid on a basis similar to travelling time. That is,

no minimum period of payment and all time to be paid to the minute. 9.2.1.1.3 Where the reason for the journey is to attend an incident, the normal

provisions of this Award shall apply in lieu of the provisions of this subclause.

9.2.2 In cases where more than one employee is required to attend such meetings or to perform such

other authorised duties, the total amount to be paid in terms of subclause 9.2.1, shall be limited to the amount which would be payable if the minimum number of vehicles necessary to provide the transport for the employees concerned, were used.


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9.2.3 The provisions of this clause shall not apply where transport is provided by the Department. 9.2.4 Employees who are required to attend such meetings or perform such authorised duties, but do

not use their private vehicle and are therefore not entitled to claim the rate prescribed at Entitlement Code "K" of Table 1 of Part B, shall be entitled to claim travelling time and/or travelling expenses in accordance with clause 19, Travelling Compensation.

9.3 Restowing of Fire fighting Vehicles

9.3.1 Where an employee uses the employee’s private vehicle to travel to the fire station for the purpose of undertaking restowing duties as prescribed in subclause 6.4, the employee shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, per kilometre for the return distance from the employee’s residence to the station or the actual distance travelled, which ever is the lesser.

9.3.2 Where employees are required to transport a Fire fighting Vehicle for servicing and/or repairs

from the Station to another location, such duty shall be regarded and paid as an authorised duty.

10. Annual Leave 10.1 On each anniversary of an employee's appointment to the Brigade, an employee shall be entitled to

annual leave. Such annual leave shall accrue at the rate of four weeks for each completed year of service and shall be taken in multiples of one week.

10.2 An employee with less than twelve months service may, subject to approval by the Department and the

requirements of subclause 10.1, take in advance leave which has accrued. 10.3 Wherever possible, annual leave shall be taken within six months of the date on which the leave

becomes due. Provided that, in all cases, annual leave must be granted and taken within twelve months of the date on which it becomes due.

10.4 As far as possible, annual leave shall be granted to coincide with the employee's leave period from the

employee’s primary form of employment. 10.5 Payment for annual leave shall be calculated on the weekly average of the total amount paid by the

Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department, excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

10.6 An employee who is directed to return to duty in the case of an emergency whilst on annual leave, shall

have any day or part thereof recredited. 10.7 An employee shall be paid in advance for a period of approved annual leave, providing such employee

has given a minimum of six weeks written notice of the date on which the leave is to commence.

11. Long Service Leave 11.1 An employee shall be entitled to long service leave calculated on the following bases:

11.1.1 For all continuous service prior to 1 April 1963, and provided that such previous service is also continuous with the employee's current service, at the rate of three months, for twenty years of service.

11.1.2 For all continuous service on and subsequent to 1 April 1963, in the case of an employee

who has completed ten years service, two months long service leave and for each five years completed service thereafter, a further one month long service leave.


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11.2 On termination of services, in respect of the number of years service with the Department since the

employee last became entitled to an amount of long service leave, a proportionate amount on the basis of two months for ten years service.

11.3 In the case of an employee who has completed at least ten years service and whose services are

terminated or cease for any reason, such employee shall be paid a proportionate amount calculated at the rate of two months for ten years service.

11.4 In the case of an employee who has completed at least five years service and whose services are

terminated by the Department for any reason, other than serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, such employee (or in the event of the death of the employee, the employee’s estate) shall be paid a proportionate amount calculated at the rate of two months for ten years service.

11.5 Long service leave shall be granted subject to the convenience of the Department, as and when such

leave becomes due or any time thereafter. Provided that an employee shall give at least 30 days notice in writing of the intention to take such leave.

11.6 Long service leave shall be paid at the rate of full pay which, for the purposes of this clause, shall mean

the greater average monthly remuneration received by the employee calculated over either the preceding twelve months or five years excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. The averages referred to in this subclause shall be calculated up to and including the end of the month immediately prior to the month during which the long service leave is taken or commences, as the case may be.

11.7 The term "remuneration" referred to in subclause 11.6 shall include all payments made to the employee

by the Department, excluding payments made as compensation or reimbursement for expenses (e.g., payments for meals, accommodation and for kilometres travelled).

11.8 An employee who is directed to return to duty in the case of an emergency while on long service leave

shall have any day or part thereof recredited.

12. Military Leave 12.1 Military leave may be granted to employees who are volunteer part-time members of the Defence

Forces Reserves. 12.2 Such leave shall be available in accordance with the following provisions on a twelve month to twelve

month basis, commencing on 1 July each year:

12.2.1 For members of the Navy Reserve - thirteen calendar days for the purpose of annual training and thirteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.

12.2.2 For members of the Army Reserve - fourteen calendar days for the purpose of annual

training and fourteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.

12.2.3 For members of the Air Force Reserve - sixteen calendar days for the purpose of annual

training and sixteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.

12.3 Where a Commanding Officer certifies in writing that it is obligatory for a member of the Reserves to

attend training for a period that exceeds the leave granted under subclause 12.2, the Commissioner may grant further Military Leave up to four calendar days in any one Military Leave year.

12.4 Periods of approved Military Leave shall be regarded as Special Leave without Pay.


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13. Parental Leave

13.1 Definition of Parental Leave

13.1.1 For the purposes of this clause, Parental Leave is Maternity Leave, Paternity Leave or Adoption Leave.

13.1.2 Maternity Leave is leave taken by a female employee in connection with the pregnancy or

the birth of a child of the employee. Maternity Leave consists of an unbroken period of leave.

13.1.3 Paternity Leave is leave taken by a male employee who becomes a parent but is ineligible

to be granted either Maternity Leave or Adoption Leave, but is to be the primary care giver of a child or who wishes to share the child caring duties with their partner.

13.1.4 Adoption Leave is leave taken by a female or male employee in connection with the

adoption by the employee of a child under the age of five years (other than a child who has previously lived continuously with the employee for a period of at least six months or who is a child or step-child of the employee or of the employee's spouse).

13.1.5 For the purposes of this clause, "spouse" includes a de facto spouse and a former spouse.

13.2 Entitlement to Parental Leave

13.2.1 An employee is entitled to a total of fifty-two weeks unpaid Parental Leave in connection with the birth or adoption of a child, as provided by this clause.

13.2.2 Maternity Leave - all female employees who do not have the necessary service as

prescribed in subclause 13.3.1 for paid Maternity Leave, shall be entitled to unpaid Maternity Leave of up to nine weeks before the expected date of birth of the child.

13.2.3 Paid Maternity Leave may be granted to a female employee subject to the following

conditions:

13.2.3.1 The female employee has applied for Maternity Leave within such time and in such manner as herein set out.

13.2.3.2 Before the expected date of birth has completed not less than forty weeks'

continuous service. Paid Maternity Leave shall be for a period of nine weeks from the date Maternity Leave commences.

13.2.3.3 In addition to the unpaid or paid Maternity Leave referred to above, all female

employees shall also be entitled to a further period of up to fifty-two weeks unpaid Maternity Leave after the actual date of birth of the child.

13.2.3.4 The period over which Annual and/or Long Service Leave combined with unpaid

Maternity Leave, shall not exceed a total period of two years from the date of birth of the child.

13.2.4 Short Adoption Leave is an unbroken period of three weeks of unpaid leave, taken by an

employee who does not have the necessary service for paid Adoption Leave as prescribed in subclause 13.3.1, from the time of placement of the child.

13.2.5 Paid Adoption Leave may be granted to an employee adopting a child subject to the

following conditions:


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13.2.5.1 The employee has applied for Adoption Leave within such time and in such manner as herein set out.

13.2.5.2 Before the commencement of Adoption Leave the employee has completed not

less than forty weeks' continuous service. 13.2.5.3 The employee is to be the primary care giver of the child. 13.2.5.4 Paid Adoption Leave shall be for a period of three weeks of Adoption Leave or the

period of Adoption Leave taken, whichever is the lesser period. 13.2.5.5 Extended Adoption Leave is a further unbroken period of up to fifty-two weeks of

unpaid leave in order to be the primary care-giver of the child. 13.2.6 Paternity Leave is a period of up to fifty-two weeks of unpaid leave taken from the date of

birth of the child. It shall consist of:

13.2.6.1 An unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy (short Paternity Leave).

13.2.6.2 A further unbroken period in order to be the primary care-giver of the child

(extended Paternity Leave).

13.2.7 Except as provided for in subclause 13.2.3, Parental Leave shall not extend beyond a period of one year after the child was born or adopted.

13.3 Length of Service for Eligibility

13.3.1 A female employee is entitled to paid Maternity Leave or, in the case of both male and female employees, paid Adoption Leave only if the employee has had at least forty weeks' continuous service.

13.3.2 There is no minimum period of employment for eligibility for unpaid Parental Leave. 13.3.3 Continuous service is service under one or more unbroken contracts of employment,

including:

13.3.3.1 Any period of authorised leave or absence. 13.3.3.2 Any period of part-time work. 13.3.3.3 Full or part-time service within the Public Service or within a Public Sector

organisation listed in the schedules attached to the Transferred Officers Extended Leave Act 1961, and in Appendices A and B contained in the Personnel Handbook published by the PEO.

13.4 Notices and Documents required to be given to the Commissioner

13.4.1 Maternity Leave - The notices and documents to be given to the Commissioner for the purposes of taking Maternity Leave are as follows:

13.4.1.1 The female employee should give at least eight weeks' written or oral notice of the

intention to take the leave (unless it is not reasonably practicable to do so in the circumstances).

13.4.1.2 The female employee must, at least four weeks before proceeding on leave, give

written notice of the dates on which the employee proposes to start and end the period of leave.


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13.4.1.3 The female employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee is pregnant and the expected date of birth.

13.4.2 Paternity Leave - The notices and documents to be given to the Commissioner for the

purposes of taking Paternity Leave are as follows:

13.4.2.1 In the case of extended Paternity Leave, the employee should give at least ten weeks written or oral notice of the intention to take the leave (unless it is not reasonably practicable to do so in the circumstances).

13.4.2.2 The employee must, at least four weeks before proceeding on leave, give notice of

the dates on which the employee proposes to start and end the period of leave. 13.4.2.3 The employee must, before the start of leave, provide a certificate from a medical

practitioner confirming that the employee's spouse is pregnant and the expected date of birth.

13.4.2.4 In the case of extended paternity leave, the employee must, before the start of

leave, provide a statutory declaration by the employee stating:

13.4.2.4.1 Any period of Maternity Leave sought or taken by his spouse. 13.4.2.4.2 That he is seeking that period of extended Paternity Leave to become the

primary care-giver of the child.

13.4.3 Adoption Leave - The notices and documents to be given to the Commissioner for the purposes of taking Adoption Leave are as follows:

13.4.3.1 In the case of extended Adoption Leave, the employee should give written or oral

notice of any approval or other decision to adopt a child at least ten weeks before the expected date of placement (unless it is not reasonably practicable to do so in the circumstances).

13.4.3.2 The employee must give written notice of the dates on which the employee

proposes to start and end the period of leave, as soon as practicable after the employee is notified of the expected date of placement of the child but at least fourteen days before proceeding on such leave.

13.4.3.3 The employee must, before the start of leave, provide a statement from an adoption

agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes.

13.4.3.4 In the case of extended Adoption Leave, the employee must, before the start of

such leave, provide a statutory declaration by the employee stating:

13.4.3.4.1 Any period of Adoption Leave sought or taken by his or her spouse. 13.4.3.4.2 The employee is seeking that period of extended Adoption Leave to become

the primary care-giver of the child.

13.4.4 An employee does not fail to comply with this clause if the failure was caused by:

13.4.4.1 The child being born (or the pregnancy otherwise terminating) before the expected date of birth.

13.4.4.2 The child being placed for adoption before the expected date of placement. 13.4.4.3 Other compelling circumstances.


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13.4.5 In the case of the birth of a living child, notice of the period of leave is to be given within

two weeks after the birth and the certificate of the medical practitioner is to state that the child was born and the date of birth. In the case of the adoption of a child, notice of the period of leave is to be given within two weeks after the placement of the child.

13.4.6 An employee must notify the Commissioner of any change in the information provided

under this clause within two weeks after the change. 13.4.7 If required by the Commissioner, an employee who applies for Parental Leave is to give

the Commissioner a statutory declaration, or enter into an agreement with the Commissioner, that for the period of the leave the employee will not engage in any conduct inconsistent with the employee's contract of employment.

13.5 Continuity of Service - Parental leave does not break an employee's continuity of service, but subject to subclauses 13.5.1, 13.5.2 and 13.5.3 is not to be taken into account in calculating an employee's period of service for any other purposes.

13.5.1 Any period of paid Adoption or paid Maternity Leave shall count as full service for the

purposes of determining progression either within a classification or from one classification to another. However, unpaid Parental Leave shall not count as service for determining such progression.

13.5.2 Adoption Leave on full pay and Maternity Leave on full pay shall count as full service for

the purposes of determining all forms of leave. 13.5.3 Unpaid Parental Leave shall not count as service for determining any form of leave

entitlement, except for Long Service Leave in cases where at least ten years of service has been completed and unpaid Parental Leave does not exceed six months.

13.6 Parents not to take Parental Leave at the same time

13.6.1 An employee is not entitled to parental leave at the same time as his or her spouse is on parental leave.

13.6.2 If subclause 13.6.1 is contravened the period of parental leave to which the employee is

entitled under this clause is reduced by the period of leave taken by his or her spouse. However, this subclause does not apply to short paternity leave or short adoption leave.

13.7 Cancellation of Parental Leave

13.7.1 Before starting leave - Parental leave applied for but not commenced is automatically cancelled if:

13.7.1.1 The employee withdraws the application for leave by written notice to the

Commissioner. 13.7.1.2 The pregnancy concerned terminates other than by the birth of a living child or the

placement of the child concerned does not proceed.

13.7.2 After starting leave

If:

13.7.2.1 The pregnancy of the employee or the employee's spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, provided:


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13.7.2.1.1 If a child is still-born the female employee may elect to take available Sick Leave or Maternity Leave.

13.7.2.1.2 In the event of a miscarriage any absence from work is to be covered by the

current Sick Leave provisions. 13.7.2.2 The child in respect of whom an employee is then on Parental Leave dies,

or 13.7.2.3 The placement of a child for adoption purposes with an employee then on

adoption leave does not proceed or continue, the employee is entitled to resume work at a time nominated by the Commissioner within two weeks after the date on which the employee gives the Commissioner a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.

13.7.3 The provisions of subclause 13.7 do not affect an employee's entitlement to special maternity leave or special adoption leave.

13.8 Parental Leave and other Leave

13.8.1 An employee may take any annual leave or long service leave to which the employee is entitled instead of, or in conjunction with parental leave.

13.8.2 However, the total period of leave cannot be so extended beyond the maximum period of

Parental Leave authorised by this clause. 13.8.3 The maximum period of Parental Leave authorised by this clause is reduced by any period

of paid sick leave taken by the employee while on Maternity Leave. 13.8.4 Any paid absence authorised by law or by an award, enterprise agreement or contract of

employment is not available to an employee on Parental Leave, except if the paid absence is:

13.8.4.1 Annual Leave or Long Service Leave. 13.8.4.2 In the case of Maternity Leave - Sick Leave.

13.9 Employee and Commissioner may agree to interruption of Parental Leave by return to work -

13.9.1 An employee on Parental Leave may, with the agreement of the Commissioner, break the period of leave by returning to work for the Department, provided that:

13.9.1.1 A female employee who gives birth to a living child shall not resume duty until six

weeks after the birth of the child, unless special arrangements for early return are made at the request of the female employee and supported by a certificate from a qualified medical practitioner.

13.9.1.2 A female employee who has returned to full-time duty after less than her full

entitlement to maternity leave, shall be entitled to revert to maternity leave either on a full-time or part-time basis if she so elects. This election may be exercised only once and a minimum of four weeks notice (or less if acceptable to the Commissioner) of her intention to resume maternity leave must be given.

13.9.2 The period of leave cannot be extended by such a return to work beyond the maximum

period of leave authorised by this clause. 13.10 Extension of period of Parental Leave


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13.10.1 An employee may extend the period of parental leave once only, by giving the Commissioner notice in writing of the extended period at least fourteen days before the start of the extended period. The period of leave cannot be extended by such a notice beyond the maximum period of leave authorised by this clause.

13.10.2 An employee may extend the period of Parental Leave at any time with the

agreement of the Commissioner. The period of leave can be extended by such an agreement beyond the maximum period of leave authorised by this clause.

13.10.3 This subclause applies to an extension of leave whilst the employee is on leave or

before the employee commences leave. 13.11 Shortening of period of Parental Leave

13.11.1 An employee may shorten the period of Parental Leave with the agreement of the Commissioner and by giving the Commissioner notice in writing of the shortened period at least fourteen days before the leave is to come to an end.

13.12 Return to work after Parental Leave

13.12.1 An employee returning to work after a period of Parental Leave is entitled to be employed in:

13.12.1.1 The classification (if possible, at the same location) held by the employee

immediately before proceeding on that leave. 13.12.1.2 If the employee was transferred to a safe job before proceeding on Maternity

Leave - the classification (if possible, at the same location) held immediately before the transfer.

13.12.2 If the classification no longer exists but there are other classifications available that the

employee is qualified for and is capable of performing, the employee is entitled to be employed in a classification as comparable as possible in status and pay to that of the employee's former classification.

13.12.3 The provisions of subclause 13.12 extend to a female employee returning to work after a

period of Special Maternity Leave and Sick Leave. 13.13 Payment

13.13.1 Payment for the nine weeks paid Maternity Leave may be made:

13.13.1.1 In advance in a lump sum. 13.13.1.2 On a normal monthly basis. 13.13.1.3 Payment for such period of leave shall be calculated on the weekly average of the

total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

13.13.2 Payment to eligible employees for the three weeks paid Adoption Leave may be made:


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13.13.2.1 In advance in a lump sum. 13.13.2.2 On a normal monthly basis. 13.13.2.3 Payment for such period of leave shall be calculated on the weekly average of the

total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced. For the purposes of this subclause "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

13.14 Commissioner's Obligations

13.14.1 Information to Employees - On becoming aware that an employee (or an employee's spouse) is pregnant, or that an employee is adopting a child, the Commissioner must inform the employee of:

13.14.1.1 The employee's entitlements to Parental Leave under this clause. 13.14.1.2 The employee's obligations to notify the Commissioner of any matter under this

clause.

13.14.2 Records - The Commissioner must keep for at least six years, a record of Parental Leave granted under this clause to employees and all notices and documents given under this clause by employees or the Commissioner.

13.15 Termination of Employment because of Pregnancy etc

13.15.1 The Commissioner must not terminate the employment of an employee because:

13.15.1.1 The employee is pregnant or has applied to adopt a child. 13.15.1.2 The employee has given birth to a child or has adopted a child. 13.15.1.3 The employee has applied for, or is absent on Parental Leave, but otherwise the

rights of the Commissioner in relation to termination of employment are not affected by this clause.

13.15.2 For the purposes of establishing such a termination of employment, it is sufficient if it is

established that the alleged reason for termination was a substantial and operative reason for termination.

13.15.3 This clause does not affect any other rights of a dismissed employee.

13.16 Replacement Employees

13.16.1 A replacement employee is a person who is specifically employed as a result of an employee proceeding on Parental Leave (including as a replacement for an employee who has been temporarily promoted or transferred in order to replace the employee proceeding on parental leave).

13.16.2 Before a replacement employee is employed, the Commissioner must inform the person of

the temporary nature of the employment and of the rights of the employee on Parental Leave to return to work.


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13.16.3 A reference in this clause to an employee proceeding on leave includes a reference to a

pregnant employee exercising a right to be transferred to a safe job. 13.17 Transfer to a Safe Job

13.17.1 This subclause applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or new born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the employee and of the obligations of the Commissioner under the Occupational Health and Safety Act 2000.

13.17.2 The Commissioner is to temporarily adjust the employee's working conditions or hours of

work to avoid exposure to risk as follows:

13.17.2.1 Where a female employee is confirmed pregnant she is to notify the Regional Commander or Officer-in-Charge as soon as possible who will, in turn, direct that she be withdrawn from operational fire fighting duties.

13.17.2.2

13.17.2.2.1 The standard issue uniform is to be worn by members until the pregnancy

becomes apparent prior to the birth and from the tenth week, if practicable, following the birth.

13.17.2.2.2 Employees will be provided with a maternity uniform for use when

appropriate.

13.17.2.3 An employee on maternity leave who gives birth to a living child shall not resume operational fire fighting duties until thirteen weeks have elapsed after the birth of the child, unless a special request for early return is made by the employee supported by a medical certificate from a qualified medical practitioner, subsequently endorsed by the Department's Occupational Health Physician.

13.17.2.4 Duties other than fire fighting may be undertaken after six weeks following the

birth of the child, if endorsed by the Occupational Health Physician. 13.17.2.5

13.17.2.5.1 Upon withdrawal from operational fire fighting duties alternate work of a

suitable nature is to be provided. 13.17.2.5.2 Allocation of duties will be determined by the Department following

consultation between the Department's Occupational Health Physician, the employee's Officer-in-Charge and the employee.

13.17.3 If such an adjustment is not feasible or cannot reasonably be required to be made, the

Commissioner is to transfer the employee to other work where she will not be exposed to that risk.

13.17.4 If such a transfer is not feasible or cannot reasonably be required to be made, the

Commissioner is to grant the employee Maternity Leave under this clause (or any available paid Sick Leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.

13.18 Special Maternity Leave and Sick Leave


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13.8.1 If the pregnancy of an employee not then on maternity leave terminates before the

expected date of birth (other than by the birth of a living child) or she suffers illness related to her pregnancy:

13.18.1.1 The employee is entitled to such period of unpaid leave (to be known as special

Maternity Leave) as a medical practitioner certifies to be necessary before her return to work.

13.18.1.2 The employee is entitled to such paid sick leave (either instead of or in addition to

special Maternity Leave) as she is then entitled to and as a medical practitioner certifies to be necessary before her return to work.

13.19 Special Adoption Leave

13.19.1 An employee who is seeking to adopt a child is entitled to up to two days unpaid leave if the employee requires that leave to attend compulsory interviews or examinations as part of the adoption procedure.

14. Personal/Carer's Leave

14.1 Use of Sick Leave

14.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 14.1.3.2, who needs the employee's care and support shall be entitled to use, in accordance with this clause, any current or accrued Sick Leave entitlement, provided for at clause 15, 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.

14.1.2 The employee shall, if required, establish by production of a medical certificate or

statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.

14.1.3 The entitlement to use Sick Leave in accordance with this clause is subject to:

14.1.3.1 The employee being responsible for the care of the person concerned. 14.1.3.2 The person concerned being:

14.1.3.2.1 A spouse of the employee. 14.1.3.2.2 A de facto spouse who, in relation to a person, is a person of the opposite

sex to the first mentioned person and who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis, although not legally married to that person.

14.1.3.2.3 A child or an adult child (including an adopted child, a stepchild, a foster

child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee.

14.1.3.2.4 A same sex partner who lives with the employee as the de facto partner of

that employee on a bona fide domestic basis.


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14.1.3.2.5 A relative of the employee who is a member of the same household where, for the purposes of this subclause:

14.1.3.2.5.1 "Relative" means a person related by blood, marriage or affinity. 14.1.3.2.5.2 "Affinity" means a relationship that one spouse, because of

marriage, has to blood relatives of the other. 14.1.3.2.5.3 "Household" means a family group living in the same domestic

dwelling.

14.1.4 An employee shall, wherever practicable, give the Department notice, prior to the absence, of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Department by telephone of such absence at the first opportunity on the day of absence.

14.2 Unpaid Leave for Family Purpose

14.2.1 An employee may elect, with the consent of the Department, to take unpaid leave for the purpose of providing care and support to a class of person, as set out in subclause 14.1.3.2, who is ill.

14.3 Annual Leave

14.3.1 An employee may elect, with the consent of the Department, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in any calendar year at a time or times agreed upon by the Department and the employee.

15. Sick Leave

15.1 In every case of illness or incapacity sustained by an employee whilst off duty, the following conditions

shall apply. 15.2 Such employee shall, as soon as practicable, inform the Officer-in-Charge of the station to which the

employee is attached of such inability to attend, or to be available for duty and as far as possible, shall state the nature of the illness or incapacity and the estimated duration of the same.

15.3 Such employee shall forward to the Officer-in-Charge of the station to which the employee is attached,

a medical certificate stating the nature of the illness or incapacity. Before being entitled to resume duty, the employee must furnish a further medical certificate to the effect that the employee has recovered from the illness or incapacity and is fit for duty, unless a person authorised by the Commissioner dispenses with this requirement.

15.4 If so required, such employee shall submit to an examination by, or arranged by, the Department's

medical officer. 15.5 Every employee who is absent from duty for a period of more than twenty-eight days will have their

case reviewed by the Department’s medical officer, and must be certified by such medical officer as fit for duty prior to being permitted to resume duty.

15.6 The granting of Sick Leave, the duration thereof and the pay, if any, for the same shall be on the

following basis:

15.6.1 One week paid sick leave for each year of service, cumulative, less any paid Sick Leave taken, to a maximum of twenty six weeks.


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15.6.2 Sick Leave beyond that provided for in subclause 15.6.1 shall be Sick Leave without pay. 15.6.3 Payment for Sick Leave shall be calculated on the weekly average of the total amount

paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

15.7 Where payment has been made for sick leave, under this clause, to an employee whose sick leave

entitlement has already been exhausted, or whose right to sick leave is not established, the Department may deduct the amount overpaid from any future payments made to the employee concerned in accordance with the provisions of subclause 6.10.

16. Special Leave for Union Activities

16.1 Attendance at Union Conferences/Meetings

16.1.1 Employees who are members of the Union and accredited by the Union as a delegate are entitled to special leave with pay to attend the following:

16.1.1.1 Annual or bi-annual conferences of the Union. 16.1.1.2 Meetings of the Union's Executive/Committee of Management. 16.1.1.3 Annual conference of the Labor Council of NSW. 16.1.1.4 Bi-annual conference of the Australian Council of Trade Unions.

16.1.2 While there is no limit on special leave for Union activities, such leave is to be kept to a

minimum and is subject to the employee:

16.1.2.1 Establishing accreditation as a delegate with the Union. 16.1.2.2 Providing sufficient notice of absence to the Department. 16.1.2.3 Lodging a formal application for special leave.

16.1.3 Such leave is also subject to the Union:

16.1.3.1 Providing documentary evidence to the Department about an accredited delegate in

sufficient time to enable the Department to make arrangements for performance of duties.

16.1.3.2 Meeting all travelling, accommodation and any other costs incurred for the

accredited delegate. 16.1.3.3 Providing the Department with confirmation of attendance of the accredited

delegate.

16.1.4 Providing the provisions of this clause are satisfied by both the employee and the Union, the Department shall:

16.1.4.1 Release the accredited delegate for the duration of the conference or meeting. 16.1.4.2 Grant special leave (with pay).


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16.1.4.3 Ensure that the duties of the absent delegate are performed in his/her absence, if appropriate.

16.1.5 Period of Notice

16.1.5.1 Generally, dates of conferences or meetings are known well in advance and it is

expected that the Department would be notified as soon as accreditation has been given to a delegate, or at least two weeks before the date of attendance.

16.1.5.2 Where extraordinary meetings are called at short notice, a shorter period of notice

would be acceptable, provided such notice is given to the Department as soon as advice of the meeting is received by the accredited delegate.

16.1.6 Travel Time

16.1.6.1 Where a delegate has to travel to Sydney, inter or intra State, to attend a conference or meeting, special leave will also apply to reasonable travelling time to and from the venue of the conference or meeting.

16.1.7 Payment

16.1.7.1 An employee entitled to Special Leave in terms of this clause shall, for the period

of such Special Leave, be deemed to have attended any incident, drill or other authorised duties which occurred at the employee’s Brigade during such leave, and be paid accordingly.

16.1.8 Special Leave in terms of this clause shall count as service for all purposes. 16.1.9 Availability of Special Leave

16.1.9.1 Special Leave shall not be available to employees whilst they are on any period of

other leave. 16.2 Attendance at Courses/Seminars Conducted or Supported by Trade Union Education Foundation

(TUEF)

16.2.1 Except where inconsistent with the provisions of subclause 16.2, the provisions of subclause 16.1 of this clause shall also apply to attendance at courses or seminars conducted or supported by TUEF.

16.2.2 Up to a maximum of twelve days in any period of two years may be granted to employees

who are members of the Union. 16.2.3 The grant of leave to attend courses or seminars conducted or supported by TUEF, is

subject to the following conditions:

16.2.3.1 Departmental operating requirements permit the grant of leave and the absence does not result in working of overtime by other employees.

16.2.3.2 Expenses associated with attendance at such courses or seminars, eg. fares,

accommodation, meal costs, etc., will be required to be met by the employee concerned but, subject to the maximum prescribed in subclause 16.2.2., special leave may include travelling time necessarily required to attend courses or seminars.


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16.2.3.3 Applications for leave must be accompanied by a statement from the Union that it has nominated the employee concerned for such a course or seminar and supports the application.

17. Court Attendance Entitlements

17.1 The provisions of this clause shall apply to employees attending Court (which term shall include any

related conferences) as a:

17.1.1 Result of the duties performed by the employee in the employee's position with the Department, including attendance at an incident.

17.1.2 Witness for the Crown but not as a result of the duties performed by the employee in the

employee's position with the Department. 17.1.3 Witness in a private capacity.

17.2 Attendance at Court as a result of the duties performed by an employee in the employee's position with the Department, including attendance at an incident.

17.2.1 Such attendance shall be regarded as attendance in an official capacity and uniform must

be worn. 17.2.2 Other than monies paid as reimbursement for loss of income as an employee of the

Department, employees may retain all monies paid in connection with their attendance as a witness.

17.2.3 In addition to any monies to which an employee may be entitled pursuant to subclause

17.2.2, employees shall be paid at the rate applicable to the employee’s classification, from the time the employee is required to attend Court to the time on that day that the employee is no longer required by the Court.

17.2.4 Travelling time and travel expenses in excess of any compensation therefor paid by the

Court or other party shall be compensated in accordance with clause 19, Travelling Compensation.

17.2.5 Where the employee is recalled to duty to attend Court while on Annual or Long Service

Leave, such employee shall be recredited with a full days leave, for each day or part thereof.

17.2.6 Where an employee is subpoenaed to attend Court while on Sick Leave it is the

responsibility of the employee to ensure that the circumstances are communicated to the Court. If the employee is still required to and does attend Court, the sick leave debited for that period shall be recredited and the entitlements provided for in subclauses 17.2.2, 17.2.3 and 17.2.4 shall apply.

17.3 Where an Employee Attends Court

17.3.1 As a Witness for the Crown but not as a result of the duties performed by the employee in the employee's position with the Department; or as a witness in a Private Capacity, (i.e., not subpoenaed by the Crown):

17.3.1.1 The employee shall only be entitled to Special Leave Without Pay from the

Department to attend Court. 17.3.1.2 Any claim for reimbursement of expenses, compensation for travelling time, lost

income etc. is to be made by the employee to the Court and/or the party issuing the subpoena. The employee may retain all monies paid as a consequence of such claims.


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18. Training Course Attendance Entitlements

18.1 The provisions of this clause shall apply to attendance at training programs (other than regular drills)

delivered by, on behalf of, or approved by the Department. 18.2 Accommodation

18.2.1 The Commissioner (or delegate) shall approve appropriate accommodation for an employee, if it can be demonstrated that an unreasonable amount of travelling time and/or distance is involved when travelling to and from the employee's residence to the training venue.

18.2.2 Where Departmental accommodation is not provided to an employee with an entitlement

to accommodation, the relevant accommodation provisions prescribed by clause 19, Travelling Compensation, shall be paid.

18.2.3 Where it is not possible for an employee to travel to the training venue on the first day of the course or where the travelling time would be unreasonable to travel on the first day of the course, the employee shall be entitled to appropriate accommodation on the evening prior to the start of the course. If it is not possible for an employee to travel from the training venue to his or her residence at the conclusion of the course or if the travelling time would be unreasonable, the employee shall be entitled to appropriate accommodation on the evening of the last day of the course. Approval must be obtained from the Commissioner (or delegate) prior to bookings being made.

18.2.4 Notwithstanding the provisions of this subclause, any employee who considers that these

criteria would cause undue hardship etc. may make application for special consideration. All such applications will be considered on their individual merits according to the program content and the starting and completion times, on a daily basis.

18.3 Meals

18.3.1 All employees attending training programs which extend for a whole day shall be provided with morning/afternoon tea and lunch.

18.3.2 Where employees have been granted approval for overnight accommodation and when

such accommodation is provided by the Department, expenses reasonably and properly incurred shall be reimbursed in accordance with clause 19, Travelling Compensation.

18.3.3 Employees who are not required to accommodate themselves overnight shall, where

appropriate, be paid the relevant meal allowances prescribed by clause 19, Travelling Compensation.

18.3.4 Meal allowances are not payable during times at which an accommodation allowance (as

prescribed in subclause 18.2.2) has been paid. A component of the accommodation allowance compensates for the costs associated with breakfast, lunch and evening meals.

18.4 Incidentals

18.4.1 Employees who are provided with Departmental accommodation shall be entitled to claim the appropriate incidental allowance as prescribed by clause 19, Travelling Compensation.

18.4.2 The incidental allowance cannot be claimed for any day during which an accommodation

allowance referred to in subclause 18.2.2, is paid. The incidental allowance forms a component of the accommodation allowance and amongst other things, recognises the cost associated with personal telephone calls, etc.


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18.5 Travelling Time

18.5.1 Compensation shall be in accordance with Clause 19, Travelling Compensation.

19. Travelling Compensation 19.1 Travelling Time - When an employee is required to travel for purposes other than attending regular

drills or incidents, the employee may apply for payment, at the rate applicable to the employees’ classification, for time spent travelling subject to the following:

19.1.1 Where the employee has travelled overnight but has been provided with sleeping

facilities, the travelling time shall not include travel between 2300 hours on one day and 0730 hours on the next day.

19.1.2 Travelling time does not include time spent taking a meal when the employee stops a

journey to take the meal. 19.1.3 Travelling time shall be calculated by reference to the use of the most practical and

economic means of transport. 19.1.4 Payment will not be made or allowed for more than eight hours in any period of twenty-

four hours. 19.1.5 Where an employee is in receipt of the kilometre allowance prescribed at Entitlement

Code "K" of Table 1 of Part B, such employee shall not be entitled to claim compensation for travelling time.

19.2 Meal Allowances - When an employee is required to perform official duty at a temporary work location,

other than attendance at incidents or regular drills, and is not required to reside away from home (a one day journey), the employee shall be eligible to be paid the following meal allowances, subject to the following conditions:

19.2.1 For breakfast when required to commence travel at/or before 0600 hours, the amount set

at Item 1 of Table 2 of Part B. 19.2.2 For lunch when, by reason of the journey, an employee is unable to take lunch at the place

or in the manner in which the employee ordinarily takes lunch and is put to additional expense, the amount set at Item 2 of Table 2 of Part B, or an amount equivalent to the additional expense, whichever is the lesser.

19.2.3 For an evening meal when required to work or travel until or beyond 1830 hours, an

amount set at Item 3 of Table 2 of Part B. 19.2.4 Meal Allowances shall not be paid where the employee is provided with an adequate

meal. 19.3 Accommodation Allowances - When an employee is required to perform official duty at a temporary

work location, other than attendance at incidents or regular drills, which requires the employee to reside away from home and the employee is not provided with accommodation by the Government, the employee shall be eligible to be paid the following accommodation (sustenance) allowances subject to the conditions set out below:

19.3.1 For the first thirty five calendar days, the appropriate amounts set at Item 4 of Table 2 of

Part B. 19.3.2 The actual necessary expenses for meals and accommodation (actuals), together with

incidental expenses as appropriate, set at Item 5 of Table 2 of Part B. The necessary expenses do not include morning and afternoon tea.


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19.3.3 After the first thirty five calendar days and for up to six months an employee shall be paid

an allowance at the rate set at Item 6 of Table 2 of Part B provided the allowance paid to an employee, temporarily located in Broken Hill shall be increased by 20%. The allowance is not payable in respect of:

19.3.3.1 Any period during which the employee returns home on weekends or public

holidays, commencing with the time of arrival at the residence and ending at the time of departure from the residence.

19.3.3.2 Any other period during which the employee is absent from the temporary work

location (including leave) otherwise than on official duty, unless approved by the Commissioner.

19.3.4 The capital city rate shall apply to Sydney in respect of the Sydney telephone district only

as defined by Telstra Corporation Ltd. 19.3.5

19.3.5.1 Where an employee proceeds directly to a temporary work location in a Capital city and returns direct, the Capital city rate applies to the whole absence.

19.3.5.2 Where an employee breaks the journey, other than for a meal, in a centre that is not

a Capital city, the Capital city rate applies only in respect of the time spent in the Capital city, the elsewhere rate applies to the remainder of the absence.

19.4 Incidental Expenses Allowances - Government Provided Accommodation - When an employee is

required to perform official duty at a temporary work location which requires that the employee reside away from home and is provided with accommodation by the Government, the employee shall be eligible to be reimbursed expenses properly and reasonably incurred during the time actually spent away from the employee's residence in order to perform that duty and in addition be paid an allowance at the rate set at Item 5 of Table 2, of Part B as appropriate. Such expenses are limited to costs in relation to food, laundry and accommodation that exceed what would normally have been incurred at home. Any meal taken at a Government establishment is to be paid for and appropriate reimbursement sought.

19.5 Additional Provisions

19.5.1 Unless specifically provided for in Clause 18, Training Course Attendance Entitlements or Clause 17, Court Attendance Entitlements, the provisions of this clause shall not apply in the circumstances provided for by those clauses.

19.5.2 When an employee is required to travel to a temporary work location or to attend a

training course or conference on what would normally be regarded as a one day journey and the total time of absence will exceed 13 hours, the employee may be directed or may request that the employee reside temporarily at a place other than the employee's residence. In such cases, employees shall be entitled to the accommodation allowances or reimbursement of expenses, as appropriate.

19.5.3 The claim for an accommodation allowance or reimbursement of expenses shall be for the

whole of the period of absence and cannot be dissected into part of the time of the absence by way of allowance and part of the absence being compensated by reimbursement.

19.5.4 When an employee in receipt of an accommodation allowance is granted special leave to

return home from a temporary work location, the employee shall be reimbursed for the cost of the return rail fare or, if a first class rail service is reasonably available, the cost of a first class return rail fare. No taxi fares or other incidental expenses are payable.


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19.5.5 Employees shall be entitled, subject to Departmental approval, to use either their private vehicle or public transport on the following basis:

19.5.5.1 Reimbursement is not to be paid for a journey if an official motor vehicle is used

for the journey. 19.5.5.2 Where employees are granted approval to use their private vehicles, such

employees shall receive the kilometre rate, set at Entitlement Code "K" of Table 1 of Part B, for the actual distance necessarily and reasonably travelled. Employees in receipt of the rate set at Entitlement Code "K" of Table 1 of Part B, shall not be entitled to the provisions of subclause 19.1, Travelling Time.

19.5.5.3 Employees who are required to utilise public transport shall be reimbursed the

necessary costs incurred. 19.5.5.4 The Commissioner is to consider the convenience of the employee when an

employee is required to travel to a temporary work location. 19.5.5.5 Unless special circumstances exist, the employee's work, the mode of transport

used and the employee's travel itineraries are to be organised and approved in advance so that compensation for travel time and payment of allowances is reasonably minimised.

19.5.6 Where a meal allowance or an accommodation allowance is insufficient to

adequately reimburse the employee for expenses properly and reasonably incurred, a further amount may be paid so as to reimburse the employee for the additional expenses incurred, subject to the following:

19.5.6.1 The Commissioner may require the production of receipts or other proof

that expenditure was incurred. 19.5.6.2 If any expense in respect of which an allowance is payable was not properly

and reasonably incurred by the employee in the performance of official duties, payment of the allowance may be refused or the amount of the allowance may be reduced.

19.5.6.3 If any purported expense was not incurred by the employee, payment of the

allowance may be refused or the amount of the allowance may be reduced. 19.6 Claims - Claims should be submitted promptly, i.e., within one month from the completion of the work

or within such time as the Commissioner determines.

19.6.1 The Commissioner may approve applications for advance payments of travelling and sustenance allowances. Such applications should detail the appropriate expenditure anticipated and be in accordance with In Orders 1982/34.

19.6.2 In assessing claims for travelling time and payment of allowances, reference should be

made to the time that might reasonably have been taken by the particular mode of transport used. Provided that where an employee can demonstrate that the use of the means of transport proposed by the Department is unreasonable in the circumstances, the employee may apply to the Commissioner for a review of the Department's decision. Where an employee does not wish to use the means of transport proposed by the Department, eg. air travel as against train or car travel, travelling time and allowances should be assessed on the basis that the most practical and economical means of transport is used.

19.6.3 Where an allowance is payable at a daily rate and a claim is made for a portion of the day,

the amount to be paid is to be calculated to the nearest half hour.


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19.7 The amounts set at Items 1 to 6 in Table 2 of Part B, shall be adjusted in line with the allowances

prescribed in the Crown Employees (Public Service Conditions of Employment 2002) Award, in the same amounts and from the same dates.

20. Transfers

20.1 Subject to satisfactory attendance and service and the employee meeting Departmental residential

guidelines, an employee may apply for a transfer from one Volunteer Brigade to another Volunteer Brigade.

20.2 In the event that the station to which the transfer is sought does not have a vacancy, the Department may

appoint such employee as a supernumerary. Where an employee is not appointed as a supernumerary, such employee shall be placed on an eligibility list for appointment at the station when a vacancy arises.

20.3 Where a transfer does not result in a break in service, the employee's service shall be regarded as

continuous. 20.4 Any employee transferred from one Volunteer Brigade to another Volunteer Brigade shall not be

entitled to compensation or reimbursement of expenses in relation to that transfer.

21. Procedures Regarding Reports and Charges 21.1 When an employee is summoned to appear before the employee's Senior Officer or before the

Department on a charge, appeal or formal inquiry, the employee shall be given particulars in writing of the charge or allegation, if any, against the employee, at least 48 hours before the hearing of the charge or appeal or the opening of the said inquiry. The employee shall be allowed access personally or by a representative duly authorised in writing by the employee, to all or any of the official papers, correspondence or reports of the Department relating to the charge, appeal, or subject of the said inquiry.

21.2 The employee also shall be allowed to give and to call evidence on the employee's own behalf and to

hear all evidence given. 21.3 If an employee so requests, the employee may be represented by an officer of the Union before the

employee's Senior Officer or the Department on all such occasions. 21.4

21.4.1 No report about an employee shall be placed on the records or papers relating to that employee unless the employee concerned has been shown the said report.

21.4.2 If the employee disagrees with the report, the employee shall be entitled to make such a

notation on the report. 21.4.3 Evidence that the employee has been shown the report will be by either the employee's

signature thereon, or in accordance with subclause 21.4.4. 21.4.4 Where an employee refuses to sign the report, such refusal shall immediately be noted

upon the report by the Senior Officer handling the report. In such cases, the Senior Officer will advise the employee that the refusal to sign will be noted on the report and that the report, together with such notation, will be placed on the records or papers relating to that employee.

21.4.5 Further to subclause 21.4.4, in such circumstances, the Department will notify the Union

in writing, within seven days of such refusal and the Union shall be given an opportunity of replying to the report.


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21.4.6 If the employee so desires, any written response from either the employee or the Union shall also be placed amongst the records or papers relating to the employee or noted thereon.

21.5 Where the Department has for its own purposes, arranged for a transcript to be taken of proceedings on

a charge, appeal or formal inquiry, a copy of such transcript shall be supplied free of cost to the employee concerned if, during the hearing or at the termination of the proceedings, a request therefor, in writing, is made by the employee.

21.6 After the Senior Officer has announced the recommendation or when the Department has made its

decision as the result of a charge or an appeal, the employee concerned shall be informed thereof, in writing, within seven days after such announcement or decision has been made or has been given, as the case may be.

21.7 For the purposes of this clause "Senior Officer" means the employees' Senior Officer or an Officer of a

higher rank.

22. Acknowledgment of Applications and Reports 22.1 When an employee makes an application or a report in writing to the proper officer, the employee shall

be sent an acknowledgment of its receipt, noting the matter contained therein. 22.2 The result of an application shall be communicated to the employee no later than fourteen days after a

decision has been reached. In cases where no decision has been reached within one month, the reason for the delay shall be communicated in writing to the employee.

22.3 The provisions of this clause shall not apply in cases where other procedures are specifically stipulated

(eg. in Standing Orders or In Orders).

23. Training and Staff Development 23.1 The parties confirm their commitment to training and staff development for employees of the

Department. 23.2 Employees covered by this Award shall be required to complete appropriate training to improve the

productivity and efficiency of the Department's operations. 23.3 Employees shall be required to complete training in accordance with competency requirements as

determined by the Commissioner. 23.4 An employee may be directed to carry out any duties appropriate to the employee's classification that

are within the employee's level of skill, competence and training, provided that such direction does not promote deskilling.

Training Review Committee (TRC)

23.5 The TRC shall develop and implement an effective and equitable system of training in the NSW Fire

Brigades using the principles of Competency Based Training. 23.6 The structure of the TRC will consist of 3 representatives of the Department and 3 representatives of the

Union. 23.7 The Chairperson of the Committee will alternate every 12 months between a nominee of the Department

and the Union. 23.8 The role of the TRC will include (but not be limited to):

23.8.1 the further development of training throughout the NSW Fire Brigades;


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23.8.2 overseeing the implementation of an agreed Competency Based Training regime

throughout the NSW Fire Brigades; 23.8.3 acting as a reference point for all disputes relating to training in the NSW Fire Brigades;

and 23.8.4 considering Recognised Prior Learning (RPL) policy generally and in particular, it will

consider individual applications for RPL. 23.9 Procedure

23.9.1 The TRC will meet at least once every four weeks. 23.9.2 Members of the TRC shall be released from day to day operations, except in the event of

an incident or other emergency circumstances, for the purposes of fulfilling the above roles.

23.9.3 The TRC will be adequately resourced by the Department so that it can effectively fulfil

the above roles.

24. Protective Clothing and Uniforms 24.1 The Department shall supply to all employees two sets of appropriate protective clothing for operational

duties which shall meet relevant National and/or International Standards, or as otherwise agreed to with the Union.

24.2 Employees supplied with the above clothing shall wear it in accordance with Departmental instructions. 24.3 The provision of wet weather gear shall be in accordance with existing practice. 24.4 Where any uniform or wearing apparel is supplied by the Department and is required to be worn by its

employees, and such uniform or wearing apparel becomes soiled or damaged in the execution of duty as to require dry cleaning or repairs, such dry cleaning or repairs shall be done at the expense of the Department.

24.5 When an employee retires, resigns or is terminated, the protective clothing issued to that employee shall

be returned to the station to which the employee was attached. As much of that returned protective clothing shall be retained at the station as is necessary to maintain a reasonable supply of spare protective clothing.

25. Disputes Avoidance Procedures 25.1 Subject to the provisions of the Industrial Relations Act 1996, and to enable claims, issues and disputes

to be resolved while work proceeds normally, the following procedures are to apply:

25.1.1 Employee(s) and/or Union representatives will place the matter before the immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.

25.1.2 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or

dispute before the next highest Officer-in-Charge of the relevant zone or region. That officer will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.


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dispute before the Director Human Resources. The Director Human Resources will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.


dispute before the Commissioner. The claim, issue or dispute and all relevant circumstances relating to it will be fully reviewed by the Commissioner and the Union and all reasonable steps shall be taken in an attempt to resolve the matter.

25.1.5 No action is to be taken by the Union which would affect the Department’s operations

while a dispute is under investigation. 25.1.6 Failing agreement, the claim, issue or dispute shall be referred to the appropriate

industrial tribunal.

26. Attendance Requirements at Incidents and Drills 26.1 The following attendance guidelines shall apply to employees covered by this Award:

26.1.1 Attendance at Incidents -

26.1.1.1 Employees who, by virtue of their primary form of employment, are day workers are required to attend a minimum of 50% of all night and weekend calls received by the employee’s brigade in any six month period.

26.1.1.2 Employees who, by virtue of their primary form of employment, are shift workers

are required to attend a minimum of 33% of all calls received by the employee’s brigade in any six month period.

26.1.2 Attendance at Drills - Employees are required to attend a minimum of 75% of all regular

drills conducted at their brigade in any six month period. 26.2 Any period of approved leave or authorised absence shall be excluded when determining an employee’s

levels of attendance. 26.3 In cases where an employee’s attendance falls below the requirements prescribed by subclause 26.1, the

following procedures are to apply:

26.3.1 The Officer in Charge of the station to which the employee is attached, shall discuss the matter with the employee concerned. The employee may be informed that his/her attendance will be monitored over the next 3 months.

26.3.2 If the employee's attendance does not meet the required levels for the 3 month period

outlined in 26.3.1, the employee's Regional Commander shall notify the employee in writing of such deficiency. The employee shall be given a further 3 month period to improve his/her attendance levels, before any further action may be taken.

26.4 Employees who have been notified in terms of 26.3.1 and/or 26.3.2 may make application to the

Commissioner for special consideration.


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26.5 The attendance requirements referred to in subclause 26.1 may be altered by agreement between the Department and the Union.

26.6 "Day worker" means for the purposes of this clause, a worker who consistently works his/her ordinary

hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and before 10:00 am.

26.7 "Shift worker" means for the purposes of this clause, a worker who is not a day worker as defined in

subclause 26.6.

27. Attendance at Major Emergencies 27.1 The provisions of this clause shall apply to those employees who attend a Major Emergency which has,

following agreement between the Union and the Department, been deemed to attract such entitlements. 27.2 Travel Entitlements

27.2.1 Employees who are required to collect their fire fighting uniform from the station shall be paid in accordance with subclause 9.1.1.1.

27.2.2 Employees who are required to use their private vehicle to attend the incident or a "pick

up point" that is not at their station, shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, for the return distance from the station to the incident or pick up point.

27.2.3 Employees who are provided with transport for any part of the forward and return

journeys between their residence and the incident shall be entitled to be paid travelling time at the appropriate rate of pay for the employee’s classification for the time spent travelling, provided that:

27.2.3.1 Travelling Time shall not be paid for any part of a journey where the employee

received payment under subclauses 27.2.1 or 27.2.2 of this Award; and 27.2.3.2 Travelling Time for the forward journey shall be calculated as being the total time

between departure from the station or pick up point to arrival at the incident; and 27.2.3.3 Travelling Time for the return journey shall be calculated as being the total time

between departure from the incident to arrival at the pick up point or station. 27.3 Accommodation Entitlements

27.3.1 Employees who reside further than 50 kilometres from the scene of the major emergency shall be entitled to be provided with appropriate accommodation where their attendance at the emergency extends beyond a single day or in such cases where it would be unreasonable to travel at the conclusion of duty.

27.3.2 Notwithstanding the provisions of subclause 27.3.1, the Commissioner may grant

approval to provide appropriate accommodation to employees who reside within 50 kilometres of the scene of a major emergency.

27.3.3 Employees who are provided with accommodation shall be entitled to claim the incidental

allowance prescribed at Item 5 of Table 2 of Part B, for each day of attendance. 27.3.4 Employees who have an entitlement to accommodation but are not provided with

appropriate accommodation shall be entitled to claim an accommodation allowance in accordance with subclause 19.3.


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27.4 Meals

27.4.1 Employees shall be provided with substantial meals for breakfast, lunch and dinner throughout the period of attendance at a major emergency.

27.4.2 Where meals are not provided to employees in accordance with subclause 27.4.1, an

allowance set at Entitlement Code "M" of Table 1 of Part B shall be paid. 27.4.3 Where employees are required to work between the meals provided for in subclause

27.4.1, such employees shall be entitled to the refreshments and meals prescribed by subclause 8.1.

27.5 Payment for time spent in Attendance

27.5.1 Where an employee’s period of attendance at a major emergency is less than 48 hours, such employee shall be paid at the appropriate rate of pay for the employee’s classification for the entire period of attendance.

27.5.2 Where an employee’s period of attendance at a major emergency is greater than 8 hours,

such employee shall be paid at the appropriate rate of pay for the employee’s classification for the following periods:

27.5.2.1 on the day of departure from the employees’ residence, the period from the time of

departure to 2400 Hrs; and 27.5.2.2 on the day of arrival at the employees’ residence following attendance at the major

emergency, the period from 0000 Hrs to the time of arrival; and 27.5.2.3 for the period between the day of departure to and the day of return from

attendance at a major emergency, all time less any periods of down time, provided that employees will receive payment of a minimum of 16 hours per day.

27.5.3 For the purposes of this subclause the "period of attendance at a major emergency" shall

mean the entire period from the time of departure from the employee’s residence until the time of return to the employee’s residence following attendance at the emergency.

27.5.4 For the purposes of this subclause "periods of down time" shall mean periods of not less

than 8 consecutive hours where employees are neither performing operational duties nor on stand by to perform such duties.

28. Drug and Alcohol Protocol

28.1 The joint Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed by the

Department and the Union on 18 March 1998, shall apply to all employees covered by this Award. 28.2 Any changes to the Protocol shall only be by agreement between the Department and the Union.

29. Salary Sacrifice to Superannuation 29.1 For the purposes of this Clause, "salary" means the retainer prescribed for the employee’s classification

by Clause 6, Rates of Pay and Allowances. 29.2 Notwithstanding the salaries prescribed in Part B, Rates of Pay and Allowances, an employee may elect,

subject to the agreement of the employees Department or agency, to sacrifice a portion of the wage/salary payable under Clause 6 to this Award, to additional employer superannuation contributions.


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Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed together with any salary packaging arrangements under Clause 29A of this Award must not exceed fifty (50) percent of the wage/salary payable under Clause 6 or fifty (50) percent of the currently applicable superannuable salary, whichever is the lesser. In this clause, "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

29.3 Where the employee has elected to sacrifice a portion of that payable salary to additional employer

superannuation contributions:

29.3.1 subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE (i.e., "Pay As You Earn") taxation deductions by the amount of that sacrificed portion; and

29.3.2 any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s

compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under clause 6, in the absence of any salary sacrifice to superannuation made under this Award.

29.4 The employee may elect to have the portion of payable salary which is sacrificed to additional employer

superannuation contributions:

29.4.1 paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

29.4.2 subject to the Department’s agreement, paid into a private sector complying

superannuation scheme as employer superannuation contributions. 29.5 Where an employee elects to salary sacrifice in terms of subclause 29.4 above, the Department will pay

the sacrificed amount into the relevant superannuation fund. 29.6 Where the employee is a member of a superannuation scheme established under:

(a) the Police Regulation (Superannuation) Act 1906; (b) the Superannuation Act 1916; (c) the State Authorities Superannuation Act 1987; (d) the State Authorities Non-contributory Superannuation Act 1987; or (e) the First State Superannuation Act 1992

the employee’s Department must ensure that the amount of any additional employer superannuation contributions specified in subclause 29.2 above is included in the employee’s superannuable salary which is notified to the NSW Public Sector Superannuation Trustee Corporations.

29.7 Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had

entered into an agreement with the Department to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause 29.6 above, the Department will continue to base contributions to that fund on the salary payable under clause 6 to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This Clause applies even though the superannuation contributions made by the Department may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.


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30. Wage/Salary Packaging Arrangements 30.1 By mutual agreement with the Public Employment Office (PEO), an employee may, from time to time,

elect to receive:

30.1.1 a benefit or benefits selected from those approved from time to time by the PEO; and 30.1.2 a salary equal to the difference between the wage/salary prescribed for the employee by

clause 6 of this award, and the amount specified by the PEO from time to time for the benefit provided to or in respect of the employee in accordance with such agreement.

30.2 The agreement shall be recorded in writing and shall be known as a Wage/Salary Packaging Agreement.

30.2.1 A Wage/Salary Packaging Agreement shall be for a period of up to 24 months, unless a different period is mutually agreed between the employee and the PEO at the time of signing the Wage/Salary Packaging Agreement.

30.2.2 The PEO may vary the range and type of benefits available from time to time following

discussion with Labor Council and the Union. Such variations shall apply to any existing or future Wage/Salary Packaging Agreement from date of such variation.

30.2.3 The PEO will determine from time to time the value of the benefits provided following

discussion with Labor Council and the Union. Such variations shall apply to any existing or future Wage/Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect to terminate the Wage/Salary Packaging Agreement immediately.

31. Bereavement Leave

31.1 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 as prescribed in subclause 30.3 of this clause.

31.2 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. 31.3 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 as set out in subparagraph 14.1.3.2 of clause 14, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

31.4 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. 31.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 14.2 and

14.3 of clause 14. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the Department.

32. Anti-Discrimination

32.1 It is the intention of the parties bound by this Award to seek to achieve the object in 3(f) of the


32.2 It follows that in fulfilling their obligations under the Disputes Avoidance Procedures prescribed by

Clause 25, 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


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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.


has made or may make or has been involved in a complaint of unlawful discrimination or harassment. 32.4 Nothing in this Clause is taken to affect:

32.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation; 32.4.2 offering or providing junior rates of pay to persons under 21 years of age; 32.4.3 any act or practice of a body established to propagate religion which is exempted under

section 56(d) of the Anti-Discrimination Act 1977; 32.4.4 a party to this Award from pursuing matters of unlawful discrimination in any State or

Federal jurisdiction. 32.5 This Clause does not create legal rights or obligations in addition to those imposed upon the parties by

legislation referred to in this Clause.

33. Area, Incidence and Duration 33.1 This Award rescinds and replaces the Crown Employees (NSW Fire Brigades Retained Fire fighting

Staff) Award 2001published 26 July 2002 (335 I.G. 495), as varied. 33.2 This Award shall take effect on and from 1 April 2004 and shall remain in force until 31 March 2005.

PART B

MONETARY RATES

Table 1 - Payment Entitlement Codes

Clause Description Code On & From 1 April 2004

6.3 Monthly Retainer A $182.83 Captain A

6.3 Monthly Retainer B $164.94 Captain B Deputy Captain A

6.3 Monthly Retainer C $123.86 Deputy Captain B

6.3 Monthly Retainer D $94.02 Fire-fighter A

6.3 Monthly Retainer E $70.51 Fire-fighter B

6.3 Monthly Retainer F $47.11 Fire-fighter C

6.3 1st Hour G $25.01 Captain

6.3 1st Hour H $21.66 Deputy Capt. Fire-fighter Levels A,B,C

6.3 Each Subsequent I $12.51 half hour or part


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Captain 6.3 Each Subsequent J $10.84

half hour or part Deputy Capt. Fire-fighter Levels A,B,C

9.1.1, Kilometre Allowance K 0.83 9.2.1,

9.3.1 & 9.4.1 6.8 Stand By Rate L $48.18

per hour 8.2 Meal Allowance M $19.75 8.2 Refreshment N $9.90

Allowance

Table 2 - Travelling Compensation Allowances

Item Clause Description Unit 1/4//04 No Rate

## ^^ 1 19.2.1 Breakfast $ per meal 17.70 15.75 ## ^^

2 19.2.2 Lunch $ per meal 19.75 18.05 ## ^^

3 19.2.3 Dinner $ per meal 34.05 31.15 4 19.3.1 Accommodation first 35 days $ per day (includes all meals) - Capital Cities Sydney 238.35 Adelaide 207.35 Brisbane 201.35 Canberra 185.35 Darwin 202.35 Hobart 189.35 Melbourne 235.35 Perth 202.35 - High Cost Country Centres Gold Coast (Qld) 187.35 Newcastle 172.35 Wollongong 170.35 - Tier 2 Country Centres Bathurst 157.80 Gosford 157.80 Maitland 157.80 Orange 157.80 Wagga Wagga 157.80 - Other Country Centres 145.80

5 19.3.2 & Actual Necessary Expenses $ per day 13.85 27.3.3

6 19.3.3 Accommodation - after first 35 days $ per day 50% of the


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up to 6months appropriate location rate

7 19.4 Incidental Expenses $ per day 13.85

Legend: ## = Capital Cities & High Cost Country Centres - includes all Capital Cities and Gold Coast (Qld), Newcastle, Wagga Wagga and Wollongong. ^^ = Tier 2 Country Centres & Other Country Centres including Bathurst, Gosford, Orange and all other country centres.

Table 3 - Authorised Duties

Attendance at: Bushfire Management Committee Meetings Local/District Emergency Management Committee Meetings Local Government Meetings Zone/Regional conferences and information days Other such meetings as authorised by the Dept. Completion of Fire Reports where insufficient time available at the conclusion of calls Testing of Fire Alarms Attendance at station to enable service and maintenance work to be carried out Station maintenance (i.e. lawn mowing, cleaning, BA and equipment checks) Performance of Engine Keeper duties Transporting NSWFB equipment in private vehicle Hose Repairs Recharging of BA cylinders Participation in selection committees Attendance at PR activities (i.e. open days, fetes, career markets, information displays, etc) Attendance at Public Education activities (i.e. sessions in schools/community groups, smoke alarm campaigns) Participation in joint training sessions/exercises with other emergency services Attendance at training exercises/schools additional to the normal drill program


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Hydrant Inspections Pre-incident planning exercises

J. P. GRAYSON D.P.

____________________ Printed by the authority of the Industrial Registrar. (040) SERIAL C2953

BOILING DOWN AND BY-PRODUCTS (CUMBERLAND)

CONSOLIDATED AWARD


Application by Employers First, an industrial organisation of employers and a State Peak Council for employers, and another.

(No. IRC 4050 of 2004)

Before Mr Deputy President Sams 23 July 2004

AWARD

PART A


1. Definitions 2. Hours 3. Meal Breaks 4. Wages 5. Shift Work Allowance 6. Proportion 7. Overtime 8. Flexibility of Work 9. Commitment to Training and Careers 10. Consultative Mechanism 11. Sunday and Holiday Work 12. Holidays 13. Annual Leave 14. Annual Leave Loading 15. Long Service Leave 16. Sick Leave


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17. Personal/Carers Leave 18. Bereavement Leave 19. Terms of Engagement 20. Payment of Wages 21. Morning Break 22. Amenities 23. Dispute Procedure 24. Transfer of Employees 25. Special Clothing, Knives and Accessories 26. Display of Award 27. Right of Entry 28. Anti-Discrimination 29. Redundancy 30. Superannuation 31. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Rates of Pay Table 2 - Other Rates and Allowances

1. Definitions

1.1 Afternoon shift means any shift terminating after 6.00 p.m. and at or before 12.00 midnight. 1.2 Night shift means any shift finishing after 12.00 midnight. 1.3 Tallowperson means an employee who is usually engaged in making tallow. 1.4 Rendering plant operator - An employee who is required to operate all necessary plant customarily used

for the manufacture of tallow and meat meal by the rendering process. 1.5 Assistant Rendering Plant Operator - An employee who assists generally in the performance of the

duties of the rendering plant operator. 1.6 Mill Hand - An employee required to carry out all duties necessary in the milling and bagging section

relating to the production of meat meal including the driving of a forklift truck when necessary.

2. Hours The ordinary hours of working shall not exceed forty per week for a full time employee, and shall be worked as follows: 2.1 Day Workers

Not more than eight hours in any one day Monday to Friday inclusive, between the hours of 6.00 a.m. and 5.00 p.m.

2.2 Afternoon and Night Shift Workers

In five shifts of eight hours each, Monday to Friday, inclusive.


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2.3 Tallowperson

In five shifts of not more than eight hours each, spread over the six days of the week, Monday to Saturday.

3. Meal Breaks

3.1

3.1.1 Day workers shall have a meal break of not more than one hour nor less than thirty minutes between 11.30 a.m. and 1.30 p.m.

3.1.2 Shift workers shall not be compelled to work more than five hours without a break for a crib of

twenty minutes, which shall be allowed without deduction of pay and shall be taken at a time suitable to the processes on which they are engaged.

3.2 Not more than five hours shall be worked after the ordinary commencing time without a break for a

meal. 3.3 Any employee called upon to work for more than two hours after his/her normal ceasing time shall be

allowed at least thirty minutes, but not more than one hour, for a meal which shall be taken not later than two hours after such normal ceasing time.

3.4

3.4.1 An employee who has not been notified on the immediately preceding working day that he/she will be required to work overtime on any day for more than two hours shall be provided with a meal by the employer or in lieu thereof shall be paid the sum at item 1 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award. An employee who has provided his or herself with a meal after having been so notified and who then is not required to work after the normal ceasing time shall be paid the sum at item 1 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award.

3.4.2 A meal need not be provided under this subclause nor need payment be made in lieu thereof if

the employee be permitted to return to his/her home for the meal in question and he/she can reasonably do so.

3.4.3 Any payment for a meal under this subclause shall be in addition to any overtime payment under

clause 7 - Overtime, of this award.

4. Wages 4.1 The current rates of pay for a full time employee under this award can be found in Table 1 - Rates of

Pay of Part B - Monetary Rates of this Award. 4.2 Employees engaged in taking-off and bagging fertiliser other than blood and bone dust, where the

appliances do not permit of the bag being secured in such a way as will, in the opinion of the Conciliation Committee, prevent the fertiliser escaping whilst the bag is being filled shall, whilst so employed, be paid an amount per hour as set out at item 2 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award in addition to their ordinary pay. Such rates shall be paid only for hours actually worked.

4.3 An employee who has the appropriate certificate and is required by his/her employer to drive a fork lift,

shall be paid an amount as set out at item 3 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this Award per day in addition to the rates prescribed above.

4.4 Junior Rates:


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Percentage of Mill Hand Rate %

At 16 years of age and under 60 At 17 years of age 75 At 18 years of age Adult Rate

These rates are to be calculated to the nearest 10 cents.

4.5 Part-time Employees:

A part-time employee shall be paid an hourly rate ascertained by dividing the weekly rate payable under Table 1 by 40.

4.6 Casual Employees:

The hourly rate for a casual employee shall be ascertained by dividing the weekly rate payable under Table 1 plus 15 per cent, by 40. NOTATION: Casual Employees are entitled to an additional 1/12th of ordinary pay pursuant to the Annual Holidays Act 1944.

4.7 State Wage Case Adjustment

The rates of pay in this award include adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

4.7.1 any equivalent overaward payments, and/or 4.7.2 award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum

rates adjustments.

5. Shift Work Allowance Employees employed under subclause 4.1 of clause 4 - Wages, of this award on afternoon or night shift, in addition to the rates payable under this award, shall be paid 15 per cent for afternoon shift and 30 per cent for night shift.

6. Proportion One junior may be employed to three adult workers. For the purposes of this clause, a junior employee paid adult rates of pay as prescribed in Table 1 - Rates of Pay of Part B - Monetary Rates of this Award shall not be included in the ratio of junior employees to adult employees.

7. Overtime 7.1 All time worked from Monday to Friday, inclusive, in excess of or outside the hours specified in clause

2 - Hours, of this award, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter, calculated on a daily or shift basis.

7.2 All time worked on Saturday by employees other than ordinary time worked by tallowpersons and by

shift workers in completing a shift begun on the previous day, 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 after 12.00 noon shall be paid for at the rate of double time.

7.3 A day worker called in to work on Saturday shall be paid a minimum of four hours at the appropriate

rate. 7.4 Overtime shall be calculated on the employee's ordinary rate of pay.


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7.5 It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the industry.

8. Flexibility of Work

Employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions. Employees shall perform such work as is reasonable and lawfully required of them by the employer including accepting instruction from authorised personnel. Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee. Employees shall not impose any restrictions or limitations on reasonable review of work methods or standard work times.

9. Commitment to Training and Careers The parties acknowledge that varying degrees of training are provided to employees, both via internal, on the job and through external training providers. The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required. It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training. The parties agree to continue discussions on issues raised related to training.

10. Consultative Mechanism Each plant or enterprise shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

11. Sunday and Holiday Work 11.1 All time worked by employees on Sundays shall be paid for at the rate of double time except night shift

workers, with regard to hours worked in completing a shift begun on the previous day when such hours shall be regarded as ordinary time.

11.2 All time worked by employees on holidays shall be paid for at the rate of double time and one-half

except night shift workers with regard to hours worked in completing a shift begun on the previous day when such hours shall be regarded as ordinary time.

11.3 A day worker called into work on Sunday shall be paid a minimum of four hours at the appropriate rate. 11.4 Rates in this clause shall be calculated on the employee's ordinary rate of pay.

12. Holidays 12.1 The days upon which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,

Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day are observed, the picnic day of The Australasian Meat Industry Employees' Union, New South Wales Branch, and all holidays proclaimed for the State shall be recognised as holidays.

12.2 A weekly employee shall be entitled to be paid for holidays under this clause; provided that he/she shall

have worked on the working day immediately preceding and the working day immediately following the holiday and has not ceased work without permission before the normal time of ceasing work on either or both of these days. Where such holidays fall on consecutive days an employee, who works on either the working day preceding or the working day succeeding such holiday but not on both, shall be


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entitled to payment for the holiday closest to the said day on which he/she worked, provided he/she has not ceased work without permission, on such said day.

13. Annual Leave

See Annual Holidays Act 1944.

14. Annual Leave Loading 14.1 In this clause, the Annual Holidays Act 1944, is referred to as "the Act". 14.2 Before an employee is given and takes his/her annual holiday, or, where by agreement between the

employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 14.6.)

14.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the

employee under the Act and this award. 14.4 The loading is to be calculated in relation to any period of annual holiday to which the employee

becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or, where such a holiday is given and taken in separate periods, then in relation to each separate period. (NOTE: See subclause 14.7 as to holidays taken wholly or partly in advance.)

14.5 The loading is the amount payable for the period or the separate period, as the case may be, stated in

subclause 14.5 at the rate per week of 33.33 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with, where applicable, the additional sums prescribed by subclauses 4.2 and 4.3 of clause 4 - Wages, of this award, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

14.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance;

provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 14.5 applying the award rate of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

14.7 Where, in accordance with the Act the employer's establishment or part of it is temporarily closed down

for the purpose of giving an annual holiday or leave without pay to the employees concerned:

14.7.1 An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 14.5 of this clause;

14.7.2 An employee who is not entitled under the Act to an annual holiday and who is given and

takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

14.8

14.8.1 When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and


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has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with subclause 14.5 for the period not taken.

14.8.2 Except as provided by 14.8.1, no loading is payable on the termination of an employee's

employment. 14.9 This clause extends to an employee who is given and takes an annual holiday and who would have

worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

15. Long Service Leave See Long Service Leave Act 1955.

16. Sick Leave An employee who, after not less than three months' continuous service in his/her current employment with the employer, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury within the Workplace Injury Management and Workers' Compensation Act 1998, received in the said employment (not due to his/her own serious and wilful misconduct), shall be entitled to be paid for such non-attendance the amount of his/her ordinary time rate of pay, subject to the following: 16.1 An employee shall, within twenty-four hours of the commencement of such absence, inform the

employer of the employee’s inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the absence.

16.2 For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof

(including, where applicable, the estimated duration of his/her absence) the employer, through any person appointed by it to interview employees for the purpose stated, which appointment shall be notified to the union, shall have the right to interview any employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical practitioner the right to interview an employee shall include the right to examine the employee.

16.3 He/She shall prove to the satisfaction of the employer (or in the event of a dispute the Industrial

Commission) that he/she is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

16.4 In any period of employment, his/her entitlement to sick pay shall be in accordance with the following

schedule:

In respect of: Duration 1st year of service 8 days 2nd year of service and thereafter 10 days

Any period of paid sick leave allowed by the employer to the employee in any such year shall be deducted from the period of leave which may be allowed or carried forward under this award or in respect of such year.

16.5 The rights under this clause shall accumulate from year to year so long as his/her employment continues

with the employer, whether under this or any other award, so that any part of the said leave which has


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not been allowed in any year, may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

16.6 An employee, who unreasonably refuses the interview or unreasonably refuses or prevents the

examination specified in 16.3 of this clause, shall not be entitled to payment for the period during which he/she is absent from duty.

16.7 For the purpose of this clause, continuous service shall be deemed not to have been broken by:

16.7.1 Any absence from work on leave granted by the employer; 16.7.2 any absence from work by reason of personal illness, injury, or other reasonable cause

(proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

16.8 Service before the date of coming into force of this clause shall be counted as service for the purpose of

qualifying hereunder. 16.9 Service before the date of this award shall be counted for the purpose of assessing the annual sick leave

entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated sick leave standing at the credit of the employee at the commencement of this award shall not be increased or reduced by this clause.

16.10 This clause does not apply to casual employees.

17. Personal/Carer's Leave 17.1 Use of Sick Leave

17.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 17.1.3.2), who needs the employees care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause l6, 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.

17.1.2 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.

17.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

17.1.3.1 the employee being responsible for the care of the person concerned; and 17.1.3.2 the person concerned being:

17.1.3.2.1 a spouse of the employee: or 17.1.3.2.2 a de facto spouse, who, in relation to a person, is a person of the opposite

sex to the first mentioned person 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

17.1.3.2.3 a child or an adult child (including an adopted child, a step child, a foster

child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or


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17.1.3.2.4 a same sex partner who lives with the employee as the de facto partner of

that employee on a bona fide domestic basis; or 17.1.3.2.5 a relative of the employee who is a member of the same household, where

for the purposes of this paragraph:

17.1.3.2.5.1 "relative" means a person related by blood, marriage or affinity; 17.1.3.2.5.2 "affinity" means a relationship that one spouse because of marriage

has to blood relatives of the other; and 17.1.3.2.5.3 "household" means a family group living in the same domestic

dwelling.

17.1.4 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.

17.2 Unpaid Leave for Family Purpose

17.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support of a member of a class of person set out in 17.1.3.2 who is ill.

17.3 Annual Leave

17.3.1 An employee may elect with the consent of the employer, 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.

17.3.2 Access to annual leave, as prescribed in 17.3.1, shall be exclusive of any shutdown period

provided for elsewhere under this award. 17.3.3 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. 17.4 Time Off in Lieu of Payment for Overtime

17.4.1 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.

17.4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time

rate, that is an hour for each hour worked. 17.4.3 If, having elected to take time as leave, in accordance with paragraph 17.4.1 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 twelve (12) month period or on termination.

17.4.4 Where no election is made in accordance with the said paragraph 17.4.1 the employee

shall be paid overtime rates in accordance with the award. 17.5 Make-Up Time


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17.5.1 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.

17.5.2 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.

17.6 Rostered Days Off

17.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

17.6.2 An employee may elect, with the consent of the employer to take rostered days off in part

day amounts. 17.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered

days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee or subject to reasonable notice by the employee or the employer.

17.6.4 This subclause is subject to the employer informing the Union and which is both party to

the award and has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union(s) to participate in negotiations.

18. Bereavement Leave

18.1 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 18.3 of this clause.

18.2 The employee must notify the employer as soon as practicable of the intention to take bereavement

leave and will provide to the satisfaction of the employer proof of death. 18.3 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 as set out in subparagraph 17.1.3.2.1 of Clause 17 - Personal/Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

18.4 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. 18.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 17.2, 17.3,

17.4, 17.5, and 17.6 of said Clause 17. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

19. Terms of Engagement

19.1 An employee shall be engaged on a full-time, part-time or casual basis. 19.2 In the case of a full-time or part-time employee, one week's notice shall be given on either side or one

week's wages shall be paid or forfeited, as the case may be, in lieu of such notice; provided that the employer shall have the right to deduct payment for any day during which the employee cannot be usefully employed because of any strike or through any breakdown in machinery due to any cause for which the employer cannot reasonably be held responsible.


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19.3 Part-Time Employees:

Part-time employee(s) shall mean an employee who:

19.3.1 works less than an average of 40 hours per week; and 19.3.2 has reasonably predictable hours of work; and 19.3.3 receives, on a pro rata basis, equivalent pay and conditions to those of full-time

employees who do the same kind of work. 19.3.4 by agreement may work up to an average of 40 hours per week without the payment of

overtime. 19.4 Casual Employees:

A casual employee shall mean an employee who is engaged and paid as such. 19.5 An employer may direct an employee to carry out such duties as are within the limits of an employees'

skill, competence and training.

20. Payment of Wages Wages shall be paid weekly, not later than Friday, up to and including Wednesday each week, in the employer's time.

21. Morning Break Fifteen minutes shall be allowed as a morning break between the hours of 9.00 a.m. and 11.00 a.m. and shall be counted as time worked.

22. Amenities See the Occupational Health and Safety Act 2000, and any regulations made there under.

23. Dispute Procedure In the case of a dispute, the following procedure shall apply: 23.1 The delegate and co-delegate shall confer with the most immediate line management representative in

an attempt to reach a settlement. 23.2 In the event of failure to resolve the dispute, the matter must be referred to senior management. This

action will take place within one normal working day from the time that discussions are concluded, as in subclause 23.1. The parties will then attempt to reach a settlement.

23.3 In the event of the failure to resolve the dispute, the delegate and co-delegate, together with their union

organiser, shall confer with senior management as in subclause 23.2 and attempt to reach a settlement. 23.4 In the event of failure to resolve the dispute, the dispute may be referred to the New South Wales

Industrial Relations Commission for resolution in accordance with the Industrial Relations Act 1996. 23.5 Provided that, while the dispute procedure is being observed, no stoppage of work shall occur.

24. Transfer of Employees


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24.1 Should any employee, engaged at a higher paid class of work, be transferred temporarily to a lower paid class of work he/she shall continue to receive the higher rate during such transferred temporary employment.

24.2 An employee who is required to work carrying a higher rate than his/her ordinary classification, for two

hours or more on any day or shift, shall be paid at the higher rate for the whole of the day or shift. 24.3 Subject to subclause 24.2, of this clause, an employee, who on any day or shift is required to do the

work of a higher paid classification for at least one hour, shall be paid the rate prescribed for such work whilst so engaged.

25. Special Clothing, Knives and Accessories

25.1 Where the work of an employee necessarily requires the use of gloves or that he/she should work under

wet conditions or in all weathers the employer shall provide for the use of every employee whose work shall so require, gloves, waterproof aprons, gum boots and oilskins.

25.2 Any employee applying for new gloves, waterproof aprons, gum boots or oilskins, who fails to return

the corresponding articles last issued to him/her, shall not be entitled to same without payment therefore at a reasonable price.

25.3 Where the employer does not provide tools of trade to employees whose work necessarily requires the use of knives, oilstones, steels and pouches the employee shall be paid an allowance per week as set out in item 4 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this award, or an allowance per week as set out in item 5 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates of this award, whichever is the lesser amount. If an employee fails to return the articles issued to him/her he/she shall not be entitled to a replacement without the payment therefore at a reasonable price. Upon termination of employment any employee who fails to return the articles issued to him/her shall have deducted from any moneys due to him/her the value of the articles with which he/she was issued and which he/she failed to return.

25.4 Clothing to be supplied by the employer and the employer to supply a machine for the washing and

drying of the clothes supplied. The clothing shall be washed and dried by the employees within the employer's time.

26. Display of Award

See section 361 of the New South Wales Industrial Relations Act 1996.

27. Right of Entry See section 297 of the New South Wales Industrial Relations Act 1996.

28. Anti-Discrimination 28.1 It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the


28.2 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 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.


has made or may make or has been involved in a complaint of unlawful discrimination or harassment.


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28.4 Nothing in this clause is to be taken to affect:

28.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation; 28.4.2 offering or providing junior rates of pay to persons under 21 years of age; 28.4.3 any act or practice of a body established to propagate religion which is exempted under

section 56(d) of the Anti-Discrimination Act 1977; 28.4.4 a party of this award from pursuing matters of unlawful discrimination in any State or

federal jurisdiction. 28.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by

the legislation referred to in this clause. NOTES (a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation. (b) Section 56(d) of the Anti-Discrimination Act 1977 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."

29. Redundancy

29.1 Application

29.1.1 This clause shall apply in respect of full-time and part-time persons employed in the classifications structure specified by clause 4 - Wages.

29.1.2 This clause shall only apply to employers who employ 15 or more employees immediately

prior to the termination of employment of employees, in the terms of subclause 29.4 of this clause.

29.1.3 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.

29.1.4 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.

29.2 Introduction of Change

29.2.1 Employer's duty to notify

29.2.1.1 Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to


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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.

29.2.1.2 "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 alteration of any of the matters referred to herein, such alteration shall be deemed not to have significant effect.

29.2.2 Employer's duty to discuss change

29.2.2.1 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 subclause 29.2 of this clause, 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.

29.2.2.2 The discussion shall commence as early as practicable after a definite decision has

been made by the employer to make the changes referred to in the said subclause 29.2 of this clause.

29.2.2.3 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.

29.3 Redundancy - Discussions Before Terminations

29.3.1 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 29.2.1.1 of this clause, Introduction of Change, 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.

29.3.2 The discussions shall take place as soon as is 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.

29.3.3 For the purpose of the discussions 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.

29.4 Termination of Employment

29.4.1 Notice for Changes in Production, Programme, Organisation or Structure. This subclause sets out the notice provisions to be applied to terminations by the employer for reasons


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arising from changes to production, programme, organisation or structure, in accordance with subparagraph 29.2.1.1 of this clause:

29.4.1.1 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 Notice Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks

29.4.1.2 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.

29.4.1.3 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.

29.4.2 Notice for technological change

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising form "technology" in accordance with subparagraph 29.2.1.1 of this clause:

29.4.2.1 In order to terminate the employment of an employee (provided the employee has

12 months' service), the employer shall give to the employee three months' notice of termination.

29.4.2.2 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.

29.4.2.3 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.

29.4.3 Time off during the notice period

29.4.3.1 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 purpose of seeking other employment.

29.4.3.2 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.

29.4.4 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 as those 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 circumstances, the employee shall not be entitled to payment in lieu of notice.

29.4.5 Statement of employment


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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 the type of work performed by the employee.

29.4.6 Notice to Centrelink

Where a decision has been made to terminate the employment of employees, the employee 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.

29.4.7 Centrelink Employment 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.

29.4.8 Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in subparagraph 29.2.1.1 of this clause, 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.

29.5 Severance Pay

29.5.1 Where the employment of an employee is to be terminated pursuant to subclause (29.1 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:

29.5.1.1 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 Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks

29.5.1.2 Where an employee is 45 years of age or over, the entitlement shall be in

accordance with the following scale:

Years of Service Under 45 Years of Age Entitlement Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks


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5 years and less than 6 years 17.5 weeks 6 years and over 20 weeks

29.5.1.3 "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 Table 1 - Rates of Pay, of Part B, Monetary Rates, and Table 2 - Other Rates and Allowances, of the said Part B.

29.5.2 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 29.5.1 of this clause. 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 29.5.1 of this clause will have on the employer.

29.5.3 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 paragraph 29.5.1 of this clause if the employer obtains acceptable alterative employment for an employee.

30. Superannuation The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

31. Area, Incidence and Duration This award rescinds and replaces the Award published 15 February 2002 (331 IG 278) and all variations thereof. This award shall come into effect from the first full pay period to commence on or after 23 July 2004 and shall remain force for a period of twelve months thereafter. It shall apply to all employees of the classes mentioned in clause 4 - Wages, of this award, in boiling down, bone-milling and artificial manure-making establishments, and employees in abattoirs, meat works, slaughter-houses and meat preserving works engaged in the manufacture of margarine in the County of Cumberland. Excepting -

Employees in chemical works engaged in the manufacture of artificial or patent manures or fertilisers; All persons employed by Australian Fertilisers Limited on the bone-crushing and fertiliser mixing and bagging plant at its works at Granville. Employees of The Council of the City of Sydney.

PART B

Monetary Rates


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Table 1. Rates of Pay

Classification Rate Per Week

Old rate ffpp to ffpp to Ffpp to commence on commence on commence on or after or after or after 23 July 2004 (+ 3 months) (+ 3 months) $ $ $ $ Rendering Plant Operator 452.60 470.60 487.60 506.60 Assistant Rendering Plant Operator 445.10 463.10 480.10 499.10 Mill Hand 441.95 459.95 476.95 495.95 Cleaners / Labourers 425.55 443.55 460.55 479.55

Table 2. Other Rates and Allowances

Item Clause Explanation Amount $

1 3.4.1 Meal Allowance 7.50 2 4.2 Bagging Fertiliser 0.18 3 4.3 Fork Lift 2.00 4 25.3 Employer does not provide tools 0.17 per week 5 25.3 Employer does not provide tools 0.03 per day

P. J. SAMS D.P.



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(1756) SERIAL C2986

SPOTLESS SERVICES BLUESCOPE STEEL SITE CLEANING AWARD

2004


Application by McCarthy Ausgroup Pty Ltd

(No. IRC 2979 of 2004)

Before Mr Deputy President Grayson 23 June 2004

AWARD

Arrangement


1. Title 2. Application and {arties Bound 3. Term of new award 4. Objectives of Award 5. Intent 6. Performance Initiatives 7. Contract of Employment 8. Wages and Allowances 9. Working Arrangements 10. Meal Breaks 11. Annual Leave and Loading 12. Public Holidays 13. Long Service Leave 14. Personal Leave 15. Parental Leave 16. Jury Service 17. Continuity Agreement 18. Union Membership and Elected Delegates 19. Trade Union Training


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20. Clothing and Personal Protective Equipment 21. Superannuation 22. Notice Boards 23. Right of Entry 24. Employee Entitlements 25. Abandonment of Employment 26. Service Fee 27. Blood Donors 28. Anti Discrimination and Harassment 29. Duress 30. Transmission of Business

1. Title

This Award shall be known as the Spotless Services BlueScope Steel Site Cleaning Award 2004.

2. Application and Parties Bound This Award shall apply to all employees of Spotless Services Australia Limited who:

Are engaged by the company in performing cleaning services on site at BlueScope Steel Port Kembla; and Were formerly employed by Kembla Site Services ("KSS") being a division of BlueScope Steel.

3. Term of Award

This award shall commence its operation on 1 May 2004 and remain in operation for a period of twelve (12) months.

4. Objectives of Award The objectives of this Award are to:

Enable the company to tender for, and perform work in the area covered by the Agreement in a productive, efficient and orderly way, and Provide appropriate remuneration and conditions of employment for employees working under the terms of the Agreement. Encourage employees to work in a productive, efficient, flexible and safe way in accordance with their full skill and competence to meet the requirements of the employer and their client.

5. Intent

The intent of this award to create an environment that enables employees to work together in a cooperative manner.

6. Performance Initiatives The Parties recognise the financial performance of the Company and their respective futures, prosperity and employment security are inextricably linked. There are a range of issues that represent opportunities to enhance the Company’s performance in the areas of health and safety, Company and employee relationships, learning and development, quality, productivity, efficiency, flexibility, cost effectiveness and achievement of contractual Performance Targets.


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6.1 Continuous Improvement and Innovation

The Parties to this Award are committed to the philosophy of improvement and innovation through effective people and business management. Employees will be encouraged to contribute not only through effort but also through good ideas. We will also promote the concept of employees challenging decisions where there maybe better ways of doing things.

6.2 Occupational Health and Safety

The parties to this agreement abhor the loss of life, sickness and disability caused at work. The parties agree to the establishment of health and safety committees in each workplace and the recognition of rights and training for health and safety representatives. The parties are committed to pursuing the best means of safeguarding and improving the working life and health of employees. The employer may, from time to time, issue regulations designed to increase safe working practices and conditions. On a variety of projects and sites where the employer undertakes work and regulations and Principles of the Employer are in force concerning safety restrictions, it is an express condition of employment of all employees covered by this Agreement that such regulations as are issued from time to time will be strictly observed. It is recognised by the parties to this Agreement that failure to observe these regulations can be grounds for instant dismissal. It shall be the duty of the employers to ensure that each employee is made aware of the regulations in force on the project or site on which such employee works. Employees will assist contractors in the implementation of safety programs, which are based on continuous improvement.

6.3 Consultative Committee

The parties agree to establish a consultative committee to assist the parties improve productivity, efficiency and to provide for the effective involvement of employees in the decision making process. The committee will consist of an equal number of company and union representatives and the parties will work to set up their own charter on establishment. The objectives of the committee are to investigate, determine, and make recommendations on matters including but not limited to:

(i) introduction of new technology (ii) changes to work organisation (iii) expansion and investment (iv) quality (v) productivity improvement (vi) new management practices

Union representatives will have an open invitation to participate in the committee and will have adequate time and access to the employees they represent:

(i) prior to the Committee meetings to prepare for agenda items (ii) following Committee meetings to report back, when necessary, on issues discussed.

Committee members will be provided with all relevant information and access to documentation and data pertaining to the subject matter in order to assist the consultative process, except where the company is unable to do so for privacy or confidentiality reasons.

6.4 Equal Employment Opportunity

The Parties agree to comply with and promote the principles of equal opportunity legislation.


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7. Contract of Employment

The Parties to this Award are committed to the philosophy of full time employment, but also recognise that to be competitive alternative work arrangements will be required. Nature of Employment Employment shall be full-time, or fixed term as is specified in the formal Letter of Offer of Employment. Employees shall perform work according to the following conditions: By arrangement, employees shall work the ordinary working hours according to the work roster as the business needs may require from time to time as identified in Clause 11 of this Award. Employees are expected to work reasonable overtime as required by the Company in addition to the rostered ordinary working hours. Employees must use such protective clothing and equipment provided by the Company for specific circumstances. Employees must comply with safety requirements of the Company. 7.1 Types of Employment

Full Time Employment An employee who has not been specifically employed on a part time or casual basis shall be deemed to be employed full time. Spotless Services shall not contract outside of this Award. In other words there will be no other forms of employment except for those contained within Clause 8 of this Award (eg. no individual contracts, Australian Workplace Agreements or Prescribed Payment Systems). Fixed Term Employment The introduction of fixed term employment will be agreed between the parties to suit the circumstances of the business.

7.2 Performance of Duties

Spotless Services may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Award provided that such duties are not designed to promote de-skilling, and payment will be in accordance with the classification structure.

7.3 Absence without Pay

Any employee not attending for duty shall not be paid for the actual time of such absence unless the absence is in accordance with Clause 13 (Paid Time Off) of this Award and has been authorised.

7.4 Termination of Employment

7.4.2 Notice for termination or dismissal of employment will be in accordance with the following:

Period of Continuous Service Notice Period More than 1 month but less than 1 year At least 1 week More than 1 year but no more than 3 years At least 2 weeks More than 3 years but no more than 5 years At least 3 weeks More than 5 years At least 4 weeks


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Note: Payment in lieu of notice shall be made if the appropriate notice period is not given. The notice of termination required to be given by an employee shall be the same as that required of an employer. By mutual agreement, the parties may enter into an arrangement that suits either party with a minimum notice period of not less than one (1) week. An employee required to work during their notice period shall have that amount deducted whilst not at work during the notice period as required by the Company. (Notice period is increased by one week if an employee is over 45 years of age, subject to having completed at least two (2) years continuous service).

7.4.3 Redundancy

Should the need for any redundancies arise there shall be consultation and agreement between the company and the union which agreement will reflect prevailing redundancy pay standards at the time the redundancies are put into effect. No forced redundancies will occur without prior and extensive consultation with the union.

7.4.4 Termination

The company may dismiss an employee without notice for serious or gross misconduct. Without limiting the generality of this clause the phrase "serious or gross misconduct" includes theft of company property, violence in the workplace, being in the workplace while affected by alcohol or drugs of intoxication etc.

7.5 Recovery of Monies Owed

It is agreed that in the event of an employee's employment being terminated for any reason, any monies advanced to the employee by Spotless Services shall be recovered by the Company from any accrued entitlements owing to the employee and in accordance with the law.

7.6 Facilities

Spotless Services shall provide on-site facilities for its employees. These facilities shall be made available to all employees and shall include lockers, shower area, crib rooms etc.

7.7 Transport of Employees

An employee without personal transport working overtime on short notice, and with no access to public transport, shall be transported to their place of residence, or to a place where public transport is available.

8. Wages and Allowances

The wage rates and allowances contained in this Award apply to on site cleaning and ancillary work. 8.1 An employee's remuneration shall be as provided for in this Award and notified to prospective

employees in the Letter of Offer of Employment and the Acceptance of Appointment form or as varied from time to time.

8.2 The following wage rates will be paid (for the performance of a 38-hour week) for the respective

classifications from the first pay period commencing on or after the specified date.

8.2.1 Classification Structure

Classification Rate Cleaner $17.87 per hour for all ordinary hours

Team Leader In charge of 1-5 employees $25.80 per week In charge of 6-10 employees $31.50 per week


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In charge of 11-15 employees $37.60 per week In charge of 16-20 employees $42.60 per week Over 20 employees $46.70 per week plus an additional $1.03 per week for each employee in addition to

20

8.2.2 First Aid Allowance

An employee who is appointed by the Company to render first aid, and holds a current recognised and accredited first aid certificate shall be paid an allowance of $9.80 per week.

8.2.3 Confined Space Allowance

A confined space allowance of 51c per hour will be paid in the following manner. A "Confined Space", means a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation.

8.3 Mixed Functions

An employee engaged for more than two (2) hours on any day or shift carrying a higher rate than their classification shall be paid the higher rate for such day or shift. If engaged for two (2) hours or less during one day or shift the higher rate shall be paid for actual time worked.

8.4 Payment of Wages

All earnings shall be paid to employees by electronic transfer on a weekly or fortnightly basis into a bank account or other financial institution nominated by the employee. Details of payment to employees on pay slips shall contain the following information:

Name of employee Classification of the employee and reference number Date of payment (including period of payment) Classification rate (hourly) Hours of work (normal and overtime) Allowances Deductions (such as union, salary sacrifice) Special Payments (such as Annual Leave Payment) Long Service Leave payments

The company will provide Paid Time Off (PTO) balance statements to each employee at the end of every quarter.

8.5 Payment on Termination

Upon termination of employment, wages due to an employee shall be paid on the day of such termination, or forwarded to them by post or electronic fund transfer on the next working day.

9. Working Arrangements


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9.1 Hours of work

The ordinary hours of work shall be 38 hours per week which will generally be worked in 8.0 hour days between 0600 (6.00am) and 1800 (6:00pm) hours, Monday to Friday. The ordinary hours of work may also be worked in other configurations as mutually agreed between the employees concerned and Spotless Services subject to work patterns meeting the Company's operational requirements and the needs of the business. Where there is a need to vary the pattern of working the ordinary hours of work, the Company and the work team shall consult on the variation. Failing agreement, the Company shall give that work team and/or individual employees concerned two day's (48 hours) notice of the variation. By agreement between the parties, hours may be varied either way by one hour.

9.1.1 Extensive Hours of Work

The Parties recognise that long working days on a regular basis may not be conducive to a safe, healthy and productive work environment. Where hours on any day worked exceed twelve consecutive hours they shall be subject to: Working within the Occupational Health and Safety Guidelines of the ACTU Code of Conduct regarding twelve (12) hour shifts Proper health monitoring procedures being adopted Suitable roster arrangements Effective support from management

9.1.2 Daylight Saving

When daylight saving comes into effect or is discontinued, employees shall be paid by the time of the clock at the commencement and conclusion of their shifts. Night shift employees who are at work when the clocks are altered will either work one hour longer for no additional pay or one hour less for no reduction in pay.

9.2 Shift Work

"Shift Work" means shift work scheduled for five consecutive workdays or more, Monday to Friday inclusive. The Company through consultation with work teams can direct employees to work shift work as required, and the employees shall work the shift work as directed. The time of commencing and finishing shifts once having been determined may be varied by agreement between the Company and the majority of employees concerned to suit the business or, in the absence of agreement, by 48 hours notice of alteration given by the Company to the employees. Where shifts fall partly on separate days, the day that has the major portion of the shift shall be recognised. Where shifts fall partly on a holiday, the shift that has the major portion falling on the public holiday shall be regarded as the holiday shift.

9.2.1 Afternoon Shift

"Afternoon" Shift means any eight (8) hour shift finishing after 6.00pm and at or before midnight. Employees working on afternoon shift shall be paid a loading of 13% calculated on the employee’s base rate of pay for ordinary hours only.


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9.2.2 Night Shift

"Night Shift" means any eight (8) hour shift finishing subsequent to midnight and or before 8.00am. Employees working on night shift shall be paid a loading of 26% calculated on the employee's base rate of pay for ordinary hours only. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

9.2.3 Rostered Shift

A "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice, or has otherwise agreed to work.

9.2.4 Shift Rosters

Shift rosters shall specify the commencing and finishing times of ordinary hours of the respective shifts. Where shifts are broken penalties shall be applied as per overtime entitlements.

9.2.5 7 Day Continuous Shift

Employees may be rostered to work as 7 day Continuous Shift Workers. The conditions of such rostering shall be:

1. Ordinary hours may not exceed 8 in any consecutive 24; 2. The pay rate will be the ordinary rate of $17.87 per hour for all ordinary hours worked

Monday to Friday. 3. For hours worked outside the ordinary hours span, penalty rates shall apply; 4. Five (5) weeks annual leave will accrue to compensate the employees for their 7 day

Continuous Shift status. 9.3 Rostered Break Between Shifts

When overtime is worked it shall, where ever reasonably practicable, be so arranged that an employee has at least ten consecutive hours off duty between the work of successive days. An employee (other than casual employees) who works so much overtime between the completion of the ordinary hours worked on any day and the commencement of ordinary hours on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime and not required to recommence work until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time rostered during such absences. If on instructions by the Company, an employee resumes or continues to work without having had ten (10) consecutive hours off duty, the employee shall be paid at double time until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten (10) consecutive hours off duty without loss of pay for ordinary hours during such absences.

9.4 Overtime

Work performed outside of ordinary hours shall be deemed to be overtime and paid (excluding shift work) as follows:

Monday to Friday - time and a half for the first two hours and double time thereafter


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Saturday - time and a half for the first two hours and double time thereafter. Any hours worked after 12 noon on Saturday will be paid at double time. Sunday - at double time. Public Holidays - at double time and a half.

The penalties mentioned above shall be applied to the base hourly rates as defined in Clause 9.

9.4.1 Shift Workers - Payment for Saturday, Sunday, Public Holidays and Overtime

A shift employee working on a Saturday, Sunday, public holiday or on overtime will be paid as follows:

Saturday work - time and a half Sunday work -double time Public Holiday work - double time and a half Overtime worked other than Sundays or public holidays - time and a half for first two hours and double time thereafter

9.5 Rostered Days Off (RDO)

The ordinary hours of work shall be rostered to provide employees with one Rostered Day Off per month (four week cycle). The RDO's shall be taken as mutually agreed between the employee and the Area Manager to suit the need of the business. If agreement cannot be reached employees may be directed to use any day/s accumulated RDO, provided 24 hours notice is given to the employee the previous day. RDO's may be accrued to a maximum of ten days unless previously agreed with the Area Manager. Where an RDO falls on a Public Holiday the next working day shall be taken as the RDO or may be taken as mutually agreed between the employee and the Company.

9.6 Call Back

Where an employee is recalled to work after leaving the workplace the following shall apply:

(a) The employee shall be paid for a minimum of four hours at the rate of time and half for the first two hours and double time thereafter (or double-time for the full period for continuous shift workers). (Weekend call out will be paid at the overtime rate). There are number of conditions which apply to this provision:

If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and commencement of their ordinary hours on the next ordinary working day, the employee shall be entitled to the four hours minimum overtime payment. However, in such circumstances it is only the time which is actually worked during previous call or calls which is to be taken into account when determining the rate for subsequent calls. The employee will not be required to work the full four hours if the job in question is completed within a shorter period. Overtime worked in this clause is not to be regarded as overtime for the purpose of 11.3, rest periods after overtime, when the actual time worked is less than three hours on the call back or each call back.


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9.7 Stand By

Where an employee is requested by the Company to regularly hold himself/herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's rate of pay for the time he/she is standing by. Where an employee is called in to work without prior notification of having to stand by in readiness to work after ordinary hours, a stand by payment shall not be made. Payment shall be as per Clause 11.7 (Call Back).

10. Meal Breaks

10.1 A 30 minute unpaid meal break shall be taken at a time convenient to the operations and the business, as

near as practicable to the middle of the day or shift, respectively. Employees shall be entitled to a paid ten minute morning break each weekday.

10.2 Employees shall be paid at overtime rates for all time worked in excess of five hours without

commencing an uninterrupted meal break or crib break. 10.3 Employees required to work more than a 10-hour shift shall be entitled to a 20 minute crib break and to

a further crib break in respect of each completed four hours of overtime after the initial eight hours (exclusive of the crib break), if they are to continue work after such four hours. Employees shall be paid $8.00 (meal allowance) to purchase each meal. A meal allowance shall be paid after ten hours.

10.4 Employees required to work overtime not continuous with ordinary hours shall be entitled to a crib

break in respect of each completed four hours of overtime (exclusive of crib break) if they are to continue after such four hours.

10.5 Employees who agree not to take a crib break to which they are entitled but continue to work instead,

shall be paid equivalent to the period of crib time in addition to the time worked. 10.6 The crib break referred to herein may be taken in relays so as not to have a significant impact on

operations and so long as they do not exceed 20 minutes in duration and shall be paid at ordinary time rates.

11. Annual Leave and Loading

The provisions of the NSW Annual Leave Act 1944 shall apply. A loading of 20% shall apply to all leave given and taken.

12. Public Holidays The following days shall be prescribed public holidays for the purposes of this Award where days are gazetted by the NSW Government as substitution or in addition to the following days those days shall apply.

New Years Day Australia Day Good Friday Easter Saturday Easter Monday Anzac Day Queens Birthday Labour Day Steelworks Picnic Day (as notified) Christmas Day Boxing Day


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13. Long Service Leave

The provisions of the NSW Long Service Leave Act 1955 shall apply.

14. Personal Leave 14.1 Amount of Paid Personal Leave

14.1.1 Paid personal leave is available to an employee when they are absent:

due to personal illness or injury (sick leave) for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave) for bereavement on the death of an immediate family or household member (bereavement leave).

14.1.2 The paid Personal Leave entitlement for employees covered by this award shall be:

1. For employees with less than 12 months service - 56 hours per annum. 2. For employees with more than 12 months service - 90 hours per annum.

14.1.3 Employees may access their Personal Leave entitlement by:

1. Providing the company with no less than 24 hours notice of any intention to take Personal

Leave. In such a case the company must give its approval before Personal Leave may be accessed. or

2. In the case of genuine sick leave emergencies where prior notice cannot be given the

employee must provide a Medical Certificate. In such a case the employee must inform the company prior to commencement of shift as to the absence; or

3. In the case of bereavement, the employee must provide the company with evidence of the

bereavement.

14.1.4 Where Personal Leave is sought, the company and the employee will discuss and agree on the most appropriate block of time and the pattern in which it is to be taken.

14.1.5 Annual Leave and Long Service Leave will accumulate and be taken in accordance with State

Legislation.

15. Parental Leave Provisions of the NSW Industrial Relations Act 1996 will apply.

16. Jury Service An employee required to attend for jury service during ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount paid in respect of ordinary time the employee would have worked had the employee not been on jury service.

17. Continuity Agreement Employees will carry out such duties as are necessary to provide such continuous operations.


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Parties to this Award will not be disadvantaged by the continuity of operations. Issues and disputes will be processed through the issue Resolution Process.

18. Union Membership and Elected Delegates Spotless Services shall support the union parties to this Agreement by way of providing union membership information and providing for payroll deductions of union dues as authorised by employees. Accredited Union Delegate An employee appointed Union Delegate/s (Shop Steward) shall, upon official notification to Spotless Services, be recognised as the accredited representative of the Union to which they belong. An accredited Union Delegate shall be allowed necessary time during working hours to interview a representative of Spotless Services on matters affecting employees they represent.

19. Trade Union Training Union Delegate (Shop Steward) nominated by their Union to attend a union sponsored training course will be granted up to five days leave (per annum) of absence without loss of earnings provided that: Spotless Services receives at least two weeks notice of the nomination from the Union setting out times, dates, content and venue for the course. The employee concerned can be released from duty by Spotless Services for the period of the course, without affecting normal operations. Further Leave may be granted subject to agreement between the Parties and provided further that this annual entitlement will not be extended by the introduction of additional or replacement stewards. The accredited delegate will be entitled to paid leave to attend Industrial Relations Commission hearings.

20. Clothing and Personal Protective Equipment 20.1 It is a requirement that employees wear authorised Spotless Services issued clothing/uniform, and

appropriate personal protective equipment including steel capped boots. Where particular requirements apply to particular areas the company will supply free of charge the appropriate PPE to comply with those requirements.

20.2 On engagement full time employees shall be issued with one pair of safety boots, four shirts, four

trousers and one jacket 20.3 After the issue on engagement, clothing will be replaced on a fair wear and tear basis as determined by

the relevant Team Leader. 20.4 One winter jacket will be provided on engagement to employees. Where possible the jacket will be

manufactured in Australia and will be replaced every two (2) years or on a fair wear and tear basis whichever is the earlier.

20.5 It is a condition of employment that clothing/uniforms provided by the Company to employees be worn

at all times during working hours. 20.6 Records of type of clothing issued to employees will be recorded by the Company.

21. Superannuation 21.1 Spotless Services shall contribute the statutory employer superannuation contribution to STA or an

approved superannuation fund that complies with the Superannuation Guarantee Charge Act and Regulations on behalf of each eligible employee as defined in the regulations on a monthly basis.


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21.2 The level of contributions will be in accordance with the levels prescribed by the act and varied from time to time.

21.3 Employees may voluntarily elect to contribute a proportion of their wages to their nominated

superannuation fund. To do so an employee is required to notify Spotless Services in writing and Spotless Services will deduct the authorised amount from the employee's pay and remit it to their superannuation fund.

22. Notice Boards Spotless Services shall provide notice boards of reasonable dimensions to be located in prominent positions at the site upon which accredited Union Representatives shall be permitted to post formal union notices signed or countersigned by the representative posting them. Any notice posted on a board not so signed or countersigned may be removed by an accredited representative or Spotless Services.

23. Right of Entry Any duly accredited representative of the union shall have the right to enter in accordance with the NSW Industrial Relations Act 1996.

24. Employee Entitlements The parties will work together in a cooperative manner to establish a jointly managed mechanism to ensure the protection of employee entitlements.

25. Abandonment of Employment An employee absent from work for a continuous period of three working days without Company approval, and without notification to the Company, that employee shall be deemed to have abandoned their employment. If after a period of two weeks from the last day of absence, the employee has not established a satisfactory reason for their absence and non-notification, the employee shall have their employment terminated.

26. Service Fee The parties will monitor the development of case law in relation to a service fee for non-union employees. The unions reserve the right to introduce this provision pending clarification from the High Court.

27. Blood Donors The Company will promote blood donations to its employees. The Company shall also pursue ways employees may actually donate blood with minimal disruption to the Business.

28. Anti Discrimination and Harassment The parties to this Award will not tolerate discrimination and harassment in the workplace, seeking to achieve the objective in section 3 (f) of the Industrial Relations Act 1996 and other relevant Anti Discrimination Legislation. This includes eliminating discrimination on the ground of:


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Race Sex Marital status Disability Homosexuality Transgender identity Age

29. Duress This Award has not been entered under duress by any of the Parties to the Award.

30. Transmission of Business Where transmission of business occurs and affects employees covered by this Award, the Parties shall by an exchange of letter/s enter into correspondence that clearly outlines the benefits and entitlements due to employees, and how such entitlements shall be managed. Matters to be covered may include such items as annual leave, personal leave, superannuation, sick leave and redundancy. The parties agree that any internal restructuring within the Spotless Group which results in employees bring employed by a different legal entity than Spotless Services Australia Limited will not be regarded as a transmission of business and will not entitle employees to any redundancy or termination benefit.

J. P. GRAYSON D.P.



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(001) SERIAL C2789

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD


Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), industrial organisation of employees.

(No. IRC 3618 of 2004)

Before The Honourable Justice Kavanagh 8 July 2004

VARIATION 1. Delete paragraph (a) of subclause 18.1 of 18, Classifications and Wage Rates, of the award published

31 August 2001 (327 I.G. 279), and insert in lieu thereof the following:

(a) Wage Rates - New Classification Structure

Subject to subclause (c) of this clause, the following amounts shall be applied where appropriate for the purposes of the calculation of the hourly rate under 18.3 of this award.

Classification Weekly Rate Relativity

$ Construction Worker Level 8 (CW8) 665.60 125 Construction Worker Level 7 (CW7) 642.70 120 Construction Worker Level 6 (CW6) 621.90 115 Construction Worker Level 5 (CW5) 603.00 110 Construction Worker Level 4 (CW4) 582.20 105 Construction Worker Level 3 (CW3) 561.30 100 Construction Worker Level 2 (CW2) 542.60 96 Construction Worker Level 1 (CW1(d)) 529.20 92.4 Construction Worker Level 1 (CW1(c)) 517.60 90 Construction Worker Level 1 (CW1(b)) 509.20 88 Construction Worker Level 1 (CW1(a)) 496.70 85

Old Wage Group New 2nd instalment at Hourly Rate on


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Wage time of SWC completion of phase- Group increase in* (11/12/04) $ $ $

Carpenter Diver CW8 24.51 24.51 Foreperson (as defined) CW8 21.48 21.48 Sub Foreperson CW7 20.29 20.29 Carver CW5 17.75 17.75 Special Class Tradesperson (Carpenter and/or Joiner, Stonemason) CW5 17.56 17.75 Special Class Tradesperson (Plasterer) CW5 17.44 17.64 Special Class Tradesperson (Bricklayer) CW5 17.37 17.57

Marker or Setter Out (Artificial Stoneworker, Stonemason, Bridge and Wharf Carpenter, Carpenter and/or Joiner, Marble and Slateworker) CW4 17.18 17.18 Marker or Setter Out (Caster, Fixer, Floorlayer Specialist, Plasterer ) CW4 17.08 17.08 Marker or Setter Out (Bricklayer, Tilelayer, Hard Floor Coverer) CW4 17.01 17.01 Marker or Setter Out (Roof Tiler, Slate Ridger or Roof Fixer) CW4 16.90 16.90 Marker or Setter Out (Painter) CW4 16.73 16.73 Letter Cutter CW4 17.18 17.18 Signwriter CW4 16.73 16.73 Artificial Stoneworker, Carpenter and/or Joiner, Bridge and Wharf Carpenter, Marble and Slate Worker, Stonemason, CW3 16.62 16.62 Caster, Fixer, Floorlayer Specialist, Plasterer CW3 16.51 16.51 Bricklayer, Tilelayer CW3 16.44 16.44 Roof Tiler, Slate Ridger, Roof Fixer CW3 16.33 16.33 Painter CW3 16.16 16.16 Shophand CW3 16.02 16.02 Quarryworker CW3 16.02 16.02 Labourer (1) - Rigger, Dogger CW3 16.02 16.02 Machinist CW3 15.85 16.02 Labourer (2) - Scaffolder (as defined), Powder Monkey, Hoist or Winch Driver, Foundation Shaftsworker (as defined), Steel Fixer including Tack Welder, Concrete


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Finisher (as defined) CW2 15.51 15.51 Labourer (3) - Trades labourer, Jack Hammerman, Mixer Driver (concrete), Gantry Hand or Crane Hand, Crane Chaser, Cement Gun Operator, Concrete Cutting or Drilling Machine Operator, Concrete Gang including Concrete Floater (as defined), Roof Layer (malthoid or similar material), Dump Cart Operator, Concrete Formwork stripper, Mobile Concrete Pump Hoseman or Line Hand CW1(d) 15.14 15.14 Plasterer’s Assistant CW1(d) 15.14 15.14

Terrazzo Assistant CW1(d) 15.14 15.14 Labourer (4) - Builders Labourer other than as specified herein) CW1(c) 14.68 14.83

2. Delete paragraph (f) of subclause 18.1 of clause 18, and insert in lieu thereof the following:

(f) The rates of pay in this award include the adjustments payable under State Wage Case 2004. These adjustments may be offset against:

(i) any equivalent overaward payments and/or (ii) award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and

minimum rates adjustments. 3. Delete subparagraph 18.1.2.1, of paragraph 18.1.2 Wage Rates - Apprentices, of clause 18, and insert in

lieu thereof the following:

18.1.2.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying.

(i) Indentured Apprentice - The minimum rates of wages for four-year apprentices shall be as

follows:

Base Rate Industry Special Total Per Per Week Allowance Allowance Week Per Week Per Week $ $ $ $ 1st year 186.60 21.10 17.10 224.80 2nd year 272.50 21.10 25.30 318.90 3rd year 361.10 21.10 32.50 414.70 4th year 423.00 21.10 38.70 482.80

(ii) Trainee Apprentices -

Base Rate Industry Special Total Per Per Week Allowance Allowance Week Per Week Per Week $ $ $ $ 1st year 209.50 21.10 18.40 249.00


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2nd year 306.20 21.10 27.80 355.10 3rd year 397.20 21.10 35.30 453.60 4th year 446.10 21.10 40.10 507.30

18.1.2.2 Civil Engineering Construction Carpenters:


18.1.2.3 Pilot Three Year Bricklayers’ Course

(a) These rates apply to apprentices who are engaged through the Master Builders’ Association of New South Wales and the Housing Industry Group Apprenticeship Schemes and who are enrolled or to be enrolled in the pilot three year Technical and Further Education course.

(b) These rates shall also apply whilst the apprentice is attending college in the following

fashion:

Year I - First 8 weeks - full time at 35 hours per week

28 weeks - 1 day per week

Year II - 36 weeks - 1 day per week

(c) The above provisions relating to the pilot bricklayers course, the course itself, and the

rates herein prescribed shall only apply to employed apprentices. (d) Leave is reserved in relation to the payment applicable during attendance at college for

the advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for those apprentices who have successfully completed the requirements of year II.

(i) Indentured Apprentices:

The minimum rate of wages for three year apprentice bricklayers shall be as follows:

Base Rate Industry Special Per Week Allowance Allowance Total Per Per Week Per Week Week $ $ $ $ 1st year 1st six months 182.50 21.10 16.80 220.40 2nd six months 265.60 21.10 24.80 311.50 2nd year 352.00 21.10 31.90 405.00 3rd year 412.90 21.10 37.90 471.90

(ii) Trainee Apprentices:


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The minimum rate of wages for three year apprentice bricklayers shall be as follows:

Base Rate Industry Special Per Week Allowance Allowance Total Per Per Week Per Week Week $ $ $ $ 1st year 1st six months 198.90 21.10 18.00 238.00 2nd six months 290.00 21.10 27.30 338.40 2nd year 376.40 21.10 34.60 432.10 3rd year 422.60 21.10 39.30 483.00

4. Delete paragraph 18.1.3 Adult Apprentices, of the said clause 18 and insert in lieu thereof the

following:

18.1.3 Adult Apprentices

Definition - An adult apprentice means an employee engaged as an apprentice who at the time of apprenticeship is of or above the age of 21 years.

18.1.3.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous

Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying

(i) Indentured Apprentices:

Base Rate Industry Special Total Per Week Per Week Allowance Allowance Per Week Per Week $ $ $ $ 1st year 309.30 21.10 17.10 347.50 2nd year 309.30 21.10 25.30 355.70 3rd year 365.60 21.10 32.50 419.20 4th year 425.80 21.10 38.70 485.60

(ii) Trainee Apprentices:


18.1.3.2 Civil Engineering Construction Carpenters - for adult apprentices the minimum

rates shall be as follows:

Base Rate Industry Special Total Per Per Week Allowance Allowance Week


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Per Week Per Week $ $ $ $ 1st year 309.30 21.10 20.00 350.40 2nd year 328.00 21.10 28.10 377.20 3rd year 405.70 21.10 35.30 462.10 4th year 477.20 21.10 41.40 539.70

5. Delete subclause 18.4 Leading hands, of clause 18, and insert in lieu thereof the following:

Item No. Description Weekly Base Amount per hour (i) In charge of not more than 1 person 13.50 0.37 (ii) In charge of 2 and not more than 5 persons 29.70 0.81 (iii) In charge of 6 and not more than 10 persons 37.90 1.03 (iv) In charge of more than 10 persons 50.50 1.37

6. Delete the amount "65 cents" in subclause 18.5 Carpenter - Diver allowance, of clause 18, and insert in


"67 cents" 7. Delete the table in subclause 18.7 Foreperson and Sub Foreperson Allowances, of clause 18, and insert

in lieu thereof the following:

Classification Per Week $

Foreperson (as defined) 74.90 Sub-Foreperson 53.90

8. Delete the table in paragraph 18.8.2 Refractory bricklaying allowance, and insert in lieu thereof the

following:

Classification Per hour $

Refractory Bricklayer 1.47 Refractory Bricklayer’s Assistant 1.26

9. Delete the amount of "$20.40" in subclause 24.1, Industry Allowance, of clause 24, Allowances, and

insert in lieu thereof the amount of "$21.10". 10. Delete the amounts of "$9.97" and "$1.99" in subclause 24.2, Underground Allowance, of the said

clause 24, and insert in lieu thereof the amounts of "$10.32" and "$2.06". 11. Delete the table in paragraph 24.5.3 of clause 24, and insert in lieu thereof the following:

Floor Levels Amount per hour extra $

From commencement of building to fifteenth floor level 0.38 From sixteenth floor level to thirtieth floor level 0.46 From thirty-first floor level to forty-fifth floor level 0.71 From forty-sixth floor level to sixtieth floor level 0.91 From sixty-first floor level onwards 1.14

12. Delete the table in subclause 25.5 Swing Scaffold, of clause 25, Special Rates, and insert in lieu thereof

the following:

Height of Bracing First Four Hours Each additional Hour $ $


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0 - 15 storeys 3.45 0.71 16 - 30 storeys 4.45 0.92 31 - 45 storeys 5.25 1.07 46 - 60 storeys 8.61 1.78 greater than 60 storeys 10.98 2.27 solid plasterers when working off a swing scaffold 0.11 per hour

13. Delete the table in subclause 25.15 Heavy Blocks, of clause 25, and insert in lieu thereof the following:

Amount per hour $ Where the blocks weigh over 5.5 kg and under 9 kg 0.48 p/h Where the blocks weigh 9 kg or over up to 18 kg 0.86 p/h Where the blocks weigh over 18 kg 1.21 p/h

14. Delete the table in subclause 25.41 Table of Special Rates, of clause 25, and insert in lieu thereof the

following:

Item No. Clause No. Description Amount $

1 25.1 Insulation Work 0.59 p/h 2 25.2 Hot Work Between 46° and 54° 0.48 p/h Beyond 54° 0.59 p/h

3 25.3 Cold Work 0.48 p/h 4 25.4 Confined Space 0.59 p/h 5 25.6 Explosive Powered tools 1.13 p/d 6 25.7 Wet Work 0.48 p/h 7 25.8 Dirty Work 0.48 p/h 8 25.9 Towers Allowance Work above 15 metres 0.48 p/h Each further 15 metres 0.48 p/h

9 25.10 Toxic Substances Using toxic substances 0.59 p/h In close proximity 0.48 p/h

10 25.12 Materials containing asbestos 0.59 p/h 11 25.13 Furnace Work 1.26 p/h 12 25.14 Acid Work 1.26 p/h 13 25.16 Cleaning down brickwork 0.43 p/h 14 25.17 Bagging 0.43 p/h 15 25.18 Bitumen Work 0.59 p/h 16 25.19 Plaster or composition spray 0.48 p/h 17 25.20 Slushing 0.48 p/h 18 25.21 Dry polishing of tiles 0.59 p/h 19 25.22 Cutting tiles 0.59 p/h 20 25.23 Second hand timber 1.87 p/d 21 25.24 Roof repairs -Employees other than slaters and roof tilers 0.59 p/h 22 25.24(i) Roof Repairs - Slaters and roof tilers

Height over 15 metres 0.43 p/h 25.24(ii) 35° pitch 0.59 p/h 40° pitch 0.86 p/h

23 25.25 Computing quantities 3.45 p/d 24 25.26 Height work - painting tradespersons 0.43 p/h


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25 25.27 Height work - bridge and wharf carpenters 8 metres from ground, deck, etc. 0.48 p/h Each additional 3 metres 0.10 p/h

26 25.28 Grindstone Allowance 5.07 p/w 27 25.31 Certificate Allowance 0.48 p/h 28 25.32 Spray Application - painters 0.48 p/h 29 25.33 Cutting bricks 0.59 p/h 30 25.34(a) District Allowances

Districts west and north 0.70 p/d Western Division 1.15 p/d

31 25.34(b) District Allowances NSW border to Dalgety 1.15 p/d

32 25.34(c) District Allowances Road and bridge construction and repair 0.36 p/d

33 25.35 Pneumatic tools - stonemason 2.59 p/d 34 25.36 Asbestos Eradication 1.59 p/h

35 25.37 Laser safety officer 1.97 p/d 36 25.38 Illawarra road and general construction 0.48 p/h 37 25.39 Suspended Perimeter Work Platform 0.73 p/h 38 25.40 Labourers on refractory brickwork 3.55 per

call back 39 25.41 First Aid Allowances

Minimum qualification 2.03 p/d Higher qualification 3.19 p/d

15. This variation shall take effect from the beginning of the first pay period to commence on or after 10

July 2004.

T. M. KAVANAGH J.



- 845 -

(058) SERIAL C2988

BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete subclause 16.8 of clause 16, Wages, of the award published 16 November 2001 (329 I.G. 577),

and insert in lieu thereof the following:

16.8 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent overaward payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustments. 2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages

Base Rate Supplementary SWC Tool Ordinary payment Adjustments Allowance Weekly Rate $ $ $ $ $ Carpenters & Joiners 367.30 38.20 136.00 22.10 563.60


- 846 -

Bricklayers 367.30 38.20 134.00 15.60 555.10 Plumbers including: Gasfitters & Drainers 369.60 38.00 136.00 22.10 n/a Painters, Including: Signwriters Marblers, Grainers & Artworkers 367.30 38.00 136.00 5.40 n/a

Builders Labourer

Classification Previous Ordinary SWC Adjustment Current Weekly Rate 2001 -2004 Ordinary Weekly Rate 1. Rigger, Dogger 431.40 67.00 498.40 2. Scaffolder (as defined), powder monkey hoist or winch driver, foundation shaftperson (as defined), concrete finisher (as defined), steel fixer including tack welder 420.20 67.00 487.20 3. Bricklayer’s labourer, plasterer’s labourer, assistant rigger (as defined), assistant powder monkey (as defined) demolition work (after 3 months experience) gear hand, pile driver (concrete), hammerperson, mixer driver (concrete), steel erector, aluminium alloy structural erectors, (whether pre-fabricated or otherwise), gantry hand or crane hand, crane chaser, cement gun operator, concrete cutting or drilling machine operator, concrete gang including concrete floater (as defined), roof layer (malthoid or similar material) dump cart operator, under pinner, steel or bar bender to pattern or plan, concrete formwork stripper 408.00 67.00 475.00 4. Builder’s labourer employed on work other than that specified in (1) to (3) hereof 384.20 67.00 451.20

Apprentices Carpenters/Joiners/Bricklayers/Painters

Indentured Trainees 1st Year 187.40 210.10 2nd Year 274.00 307.50 3rd Year 362.80 398.60 4th Year 424.20 447.80


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Plumbers

1st Year 189.10 213.60 2nd Year 276.40 310.70 3rd Year 364.10 401.80 4th Year 428.30 452.10


Item Clause Description Amount $

1 16.1 Tool Allowance 22.10 per week 16.1 Carpenter/Joiner 15.60 per week 16.2 Bricklayer 22.10 per week 16.3 Plumber 5.40 per week 16.4 Painter 0.50 per hour Plumber - Registration Allowance

2 Adjustments 16.2.2 Ships Plumber 0.24 per hour 16.2.3 Drainer (amount to be deducted) 0.05 per hour 16.3.2 Signwriter 0.38 per hour 16.3.3 Marbler and Grainer 0.38 per hour 16.3.4 Ship Painter 0.31 per hour 16.3.5 Casual Ships Painter 12.07 per day 16.3.6 Signwriter, Grainer, Gilder on Ship work 0.66 per hour 16.3.7(a) Artworker Grade 2 0.37 per hour 16.3.7(b) Artworker Grade 1 0.68 per hour

All Employees

3 17.2.1 Insulation 0.59 per hour 4 17.2.2 Hot Work between 46 and 54 degrees 0.48 per hour exceeding 54 degrees 0.59 per hour

5 17.2.3 Cold Work 0.48 per hour 6 17.2.4 Confined Spaces 0.59 per hour 7 17.2.5 Swing Scaffold first four hours 3.45 every hour after 0.67 per hour

8 17.2.6 Wet Work 0.48 per hour 9 17.2.7 Dirty Work 0.48 per hour

10 17.2.8 Towers Allowance above 15 meters in height 0.48 per hour each additional 15 meters 0.48 per hour

11 17.2.9 Toxic Substances preparation and application 0.59 per hour when air conditioning plant not operating 0.38 per hour


- 848 -

Close Proximity to employees so engaged 0.48 per hour 12 17.2.11 Computing Quantities

All Trades except Plumbers 3.45 per day Plumbers 0.48 per hour

13 17.2.12 Asbestos Eradication 1.59 per hour

Carpenters, Joiners and Bricklayers Only 14 17.3.1 Roof Work 0.59 per hour 15 17.3.2 Ship Repair 11.57 per week 16 17.3.3 Second Hand Timber 1.87 per day 17 17.3.4 Acid Work 1.26 per hour 18 17.3.5 Cleaning Down Brick Work 0.43 per hour 19 17.3.6 Bagging 0.43 per hour 20 17.3.7 Brick Cutting Machine 0.59 per hour 21 17.3.8 Heavy Blocks

weighting over 5.5 kg and under 9 kg 0.48 per hour weighting over 9 kg and under 18 kg 0.86 per hour weighting over 18 kg 1.21 per hour

Carpenters, Joiners, Bricklayers and Painters 22 17.4.1 Tunnel and Shaft 0.59 per hour 23 17.4.2 Furnace Work 1.26 per hour 24 17.4.3 Explosive Power Tools 1.13 per hour

Plumbers Only

25 17.5.1 Chokages 5.43 per day 26 17.5.2 WC's Urinals 0.59 per hour 27 17.5.3 Height Work 0.48 per hour 28 17.5.4 Lead Burner 0.60 per hour

Lead Burner in Chemical Works 0.80 per hour Oxyacetelyne or Electric Welding Certificate 0.43 per hour Welding in Compliance with AS4041-1998 0.62 per hour Min per day $4.83 Welding other then under 17.5.4(c) 0.12 per hour

29 17.5.5 Using or in close proximity to Asbestos 0.59 per hour 30 17.5.6 Slaughter Yards 1.13 per hour 31 17.5.7 Roof Work 0.66 per hour 32 17.5.8 Use of Licences

Plumber’s Licence 0.73 per hour Gasfitter’s Licence 0.73 per hour Drainer’s Licence 0.63 per hour Plumber’s and Drainer’s Licence 0.98 per hour Plumber’s and Gasfitter’s Licence 0.98 per hour Gasfitter and Drainers Licence 1.36 per hour

33 17.5.9 District Allowance (a) 0.78 per hour (b) 1.26 per hour (c) 1.26 per hour Ship Plumbers

34 17.6.1 Ballast and Oil Tanks 0.59 per hour 34 17.6.2 Bilges 0.43 per hour 38 17.6.3 Diesel Engines 0.43 per hour

Painters

37 17.7.2 Height Work 0.43 per hour 38 17.7.3 Use of Rigging or Scaffold Certificate 0.48 per hour


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39 17.7.4 Spray Allowance 0.48 per hour 40 17.7.5 Power Tools 0.48 per hour

Builders Labourers

41 16.4.2 Builders Labourer engaged on maintenance 12.53 per week 16.4.3 Builders Labourer other than on maintenance 8.40 per week

42 17.8.1 Work on Acid Resistant Brick Work 0.45 per hour 17.8.2 Boilers, furnaces, Kilns, etc 0.45 per hour

43 17.9.1 Apprentices use of Rigging or Scaffold Certificate 0.48 per hour 44 18 Leading Hand Per week

Carpenters and Bricklayers In charge of: not more than 1 person 13.50 per week more than 2 but not more than 5 persons 29.70 per week more than 5 but not more than 10 persons 37.90 per week more than 10 persons 50.50 per week

Plumbers In charge of: up to 2 journeymen 0.64 per hour 3 to 5 journeymen 0.77 per hour 5 to 10 journeymen 0.98 per hour over 10 journeymen 1.26 per hour Painters In charge of: 1 to 5 journeymen (and/or apprentices) 5.95 per day 6 to 15 journeymen (and/or apprentices) 7.43 per day more than 15 journeymen (and/or apprentices) 10.16 per day Builders’ Labourers In charge of: not less than 2 nor more than 5 persons 24.60 per week not less than 5 nor more than 10 persons 30.80 per week more than 10 persons 41.60 per week

45 20.3.2 Ships Work - Special Places 0.43 per hour 46 20.3.3 Insulations with granulated cork 0.43 per hour 47 20.4 Removal Bitumous Compounds 0.43 per hour 48 Industry Allowance 21.10 per week 49 15.2 Overtime Meal Allowance 9.90 per meal 50 22.3.1(b) Living Away from Home - Weekly 338.60 per week 51 22.3.1(c) Living Away from Home - Daily 48.40 per day 52 22.4.1(a)(iii) Travel Expenses - Meal 9.90 per meal

22.4.1(b)(i) Return Journey 16.10 per occasion 54 22.6.5 Weekend Return Home 27.10 per occasion 55 24.1.1 First Aid Allowance 1.97 per day 56 26.2.1 Loss of Tools and Clothing 1283.00


July 2004.

T. M. KAVANAGH J.


- 850 -


GLASS WORKERS (STATE) AWARD


Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), industrial organisation.

(No. IRC 3618 of 2004)


VARIATION 1. Delete subclauses (3), (9), (11) and (12) of clause 51, Wages, of the award published 20 April 2001

(324 I.G. 84) and insert in lieu thereof the following:

(3) The rates of pay in this award include the adjustment payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and

minimum rates adjustments. Junior Employees - (9) The minimum rate of pay for a junior employee shall be the percentage indicated below of the minimum

rate of pay for the Level 3 (which includes the award rate of pay for that classification plus the special loading):

From the first full pay Percentage period commencing on or after 11 July 2004 $ At 16 years and under 17 years of age 50 296.40 At 17 years and under 18 years of age 60 355.70 At 18 years and under 19 years of age 75 444.60


- 851 -

At 19 years and under 20 years of age 90 533.50 Provided that all employees other than apprentices shall be paid the full adult rates of pay for the classification appropriate to their level of competency plus the special loading upon attaining the age of twenty years. An Automotive Glass Fitter (as defined) shall, upon reaching the age of 20 years, have deducted from the employee's two year probationary period the time spent engaged as a Junior Automotive Glass Fitter. Minor Apprentices - (11) The rate for minor apprentices is calculated by adding together the award rate for an adult employee

classified at Level 5 and the special loading, and then applying the appropriate percentage shown below:

From the first full pay period Percentage commencing on or after 11 July 2004 $

1st year 50 324.70 2nd year 65 422.10 3rd year 80 519.50 4th year 90 584.50

Adult Apprentices - (12) The rate for adult apprentices is calculated by adding together the award rate for an adult employee

classified at Level 5 and the special loading, and then applying the appropriate percentage shown below:

From the first full pay period Percentage commencing on or after 11 July 2004 $ 1st year 85 552.00 2nd year 90 584.50 3rd year 95 617.00

2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wage Rates

Competency Level SWC 2004 $19 Increase One 479.80 Two 503.50 Three 514.00 Four 548.30 Five 570.60 Six 595.10 Seven 617.70


- 852 -

NOTE: The award rates of pay do not include the special loading set out in clause (51)(2).

Table 2 - Other Rates and Allowances Work Related Allowances 1. Call Out and Availability Allowance (Clause 10)

(i) $19.70 (ii) $66.70 (iii) $74.90 (iv) $83.20

2. Leading Hand (Clause 51)

(i) 2 and up to 5 employees $4.96 (ii) 5 and up to 10 employees $6.23 (iii) more than 10 employees $8.35

3. Construction Work (Clause 15)

(i) per day $4.20 (ii) per week $21.00

4. Special Loading $78.83 (Clause 51) Expense Related Allowances 5. Meal Allowance (Clause 29)

(i) $10.40 (ii) $10.40

6. Country Work (Clause 17)

(i) $13.20 (ii) $59.50 (iii) $16.60

7. Compensation for Clothes & Tools (Clause 14)

$1,283.00 8. Tool Allowance (Clause 49)

(i) $5.40 per week (ii) $5.40 per week

9. Car Allowance per km (Clause 11)

$0.73 10. First Aid Allowance (Clause 20)

$2.17 per day


- 853 -

General Conditions (Clause 21) 11. Work at Height (Clause 21(1))

(i) $2.78 (ii) $2.78 (iii) $4.97 (iv) $9.37 (v) $3.18 (vi) $2.78 (vii) $2.43 (viii) $4.97 (ix) $9.37

12. Multi-storey Allowance (Clause 21(2))

(i) $0.36 (ii) $0.43 (iii) $0.67 (iv) $0.87 (v) $1.08

13. General (clause 21(3))

(i) $0.45 (ii) $0.55 (iii) $0.45 between 46°C and 54°C/$0.55 exceeding 54°C (iv) $0.45 (v) $0.55 (vi) $0.45

14. Collecting Monies (clause 21(3))

(i) $7.25 3. This variation shall take effect from the beginning of the first pay period to commence on or after 11

July 2004

T. M. KAVANAGH J.



- 854 -

(046) SERIAL C2990

JOINERS (STATE) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete subclause (9.3) of clause 9, Rates of Pay, of the award published 26 October 2001 (328 I.G.

1142) and insert in lieu thereof the following:

(9.3) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and


PART B

MONETARY RATES

Table 1 - Wages

Broadbanded Percentage Former Weekly State Wage Case New Weekly Rate


- 855 -

Group Rate 2001-2004 Adjustment $ $ $

Group 7 110 533.90 69.00 602.90 Group 6 105 513.10 69.00 582.10 Group 5 100 492.20 69.00 561.20 Group 4 92.4 460.50 67.00 527.50 Group 3 87.4 439.60 67.00 506.60 Group 2 82 417.00 67.00 484.00 Group 1 78 400.40 67.00 467.40

Rates of Pay - Junior Employees who work in association with adult employees:

Age Base Rate Industry Amount Per Per Week Allowance Week Per Week $ $ $

At 16 years of age 192.70 21.10 213.80 At 17 years of age 235.80 21.10 256.90 At 18 years of age 278.10 21.10 299.20 At 19 years of age 342.40 21.10 363.50 At 20 years of age 385.30 21.10 406.40

Rates of Pay - Indentured Apprentices

Age Base Rate Industry Allowance Amount Per Per Week Per Week Week $ $

1st year 207.90 21.10 229.00 2nd year 281.70 21.10 302.80 3rd year 368.80 21.10 389.90 4th year 447.90 21.10 469.00

Rates of Pay - Trainee Apprentices

Age Base Rate Industry Allowance Amount Per Week Per Week Per Week $ $ $

1st year 232.50 21.10 253.60 2nd year 312.60 21.10 333.70 3rd year 404.80 21.10 425.90 4th year 472.70 21.10 493.80

Table 2 - Other Rates and Allowances

Item Clause Brief Description Amount No. No. $ 1. 9.4 Leading Hands In charge of not more than 1 person 13.50 per week In charge of 2 and not more than 5 persons 29.70 per week In charge of 6 and not more than 10 persons 37.90 per week In charge of more than 10 persons 50.50 per week

2. 17. Industry Allowance 21.10 per week


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3. 18.1 Tool Allowance: Carpenter and/or Joiner, Shopfitter or Shopfitter and

Joiner 22.10 per week

Carpenter and Joiner 22.10 per week Joiner Special Class 22.10 per week Joiner - Setter Out 22.10 per week Joiner 22.10 per week Assembler A 6.50 per week

4. 18.1 Shopfitter and/or Joiner Apprentices: Tool Allowance 22.10 per week

5. 20.1(a) Handling insulating material or working in its immediate vicinity. 0.59 per hour

6. 20.1(b) Working where temperature raised by artificial means to between 46 and 54 degrees Celsius 0.48 per hour Exceeding 54 degrees Celsius 0.59 per hour

7. 20.1(c) Working where temperature is reduced by artificial means to below 0 degrees Celsius 0.48 per hour

8. 20.1(d) Working in a confined space 0.59 per hour 9. 20.1(e) Engaged in unusually dirty work 0.48 per hour

10. 20.1(f) Whilst working with second hand timber, an employee’s tools are damaged by nails, dumps or other foreign matter. 1.87 per day

11. 20.1(g) Required to compute or estimate quantities of materials in

respect to work performed by other employees 3.45 per day 12. 20.1(i) Using an explosive-powered tool 1.13 per day 13. 20.1(j)(iii) Using toxic substances or like materials 0.59 per hour

Working in close proximity to employees so engaged 0.48 per hour 14. 20.1(k) Using materials containing asbestos or working in close 0.59 per hour

proximity to employees using such materials 15. 20.1(l) If a grindstone or wheel is not made available, the

employer shall pay each joiner 5.07 per week 16. 20.1(m)(iii

) Engaged in asbestos eradication 1.60 per hour

17. 27 Meal allowance after working one and a half hours overtime. 9.90

18. 39.1 First Aid Minimum qualifications 2.03 per day

19. 41.2(a) Maximum amount of reimbursement for loss of tools or clothes. 1,283.00


July, 2004.

T. M. KAVANAGH J.



- 857 -

(357) SERIAL C2991

GOVERNMENT RAILWAYS (BUILDING TRADES CONSTRUCTION

STAFF) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete Clause 6, Rates of Wages, Tools and Special Allowances, of the award published 14 June 2002

(334 I.G. 483) and insert in lieu thereof the following:

6. Rates of Wages, Tools and Special Allowances (i) Employees of the classifications specified hereunder shall be paid at the following rates of wages per

week:

Base* Tool Special Additional Tradesmens’ SWC Total Classification rate Allowance Allowance loading Allowance 2000- per wk

per wk per wk per wk per wk per wk 2004 $ $ $ $ $ $ $

Bricklayer 366.00 15.60 12.88 59.87 16.25 82.00 552.60 Bridge Carpenter 366.00 22.10 12.88 59.87 16.25 82.00 559.10 Carpenter and joiner 366.00 22.10 12.88 59.87 16.25 82.00 559.10 Painter 366.00 5.40 12.88 59.87 16.25 82.00 542.40 Signwriter 375.80 5.40 12.88 59.87 16.25 82.00 552.20


- 858 -

Plaster and Fibrous Plaster Fixer 366.00 18.20 12.88 59.87 16.25 82.00 555.20 Plumber and Gasfitter 369.10 22.10 12.88 59.87 16.25 84.00 564.20

* Please note the base rate includes the now deleted basic wage component of $121.40 Provided that the amount shown as additional loading comprehends consideration for over award payments. (ii) Without limiting the general meaning, signwriting work shall include making of stencils and stencilling

by screen or any other method, and the making and/or fixing of transfers. (iii) The ordinary hourly rates for employees engaged on leadburning shall be calculated by adding to the

hourly rate prescribed for journeymen plumbers an amount of 52 cents per hour. (iv) The ordinary hourly rates for employees in the following classifications shall be calculated by adding to

the hourly rate prescribed for journeyman plumbers in this clause and sub-clause (vi) of this clause, the following rates:

(a) When required to act on a plumbers licence 68 cents (b) When required to act on a gasfitters licence 68 cents (c) When required to act on a drainers licence 58 cents (d) When required to act on a plumbers and gasfitters licence 91 cents (e) When required to act on a plumbers and drainers licence 91 cents (f) When required to act on a gasfitters and drainers licence 91 cents (g) When required to act on a plumbers gasfitter and drainers licence $1.26 (h) When required to act on a Pressure Welding Certificate 39 cents

Gasfitting licence shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

(v) Tradespeople covered by this award when employed on large construction projects being constructed by

the Public Transport Commission of NSW shall be paid not less than the amount paid to tradesmen of the same class under the Building & Construction Industry (State) Award in respect of wage rate, tool allowance, industry allowance and special allowance. Any disputes between the parties concerning construction work being defined as a large construction project shall be referred to the Industrial Relations Commission of New South Wales for determination.

(vi) A plumber and/or gasfitter and/or drainer who is or will be required to be the holder of a certificate of

registration shall be paid 53 cents per hour in addition to his ordinary rate of pay.

This allowance shall be paid for all purposes of the Award with the exception of Clause 5 Overtime, in which case it shall be paid at the flat rate and not subject to penalty provisions.

(vii) The allowances contained in subclause (iv) and (vi) of this Clause are applicable to employees working

a 40 hour week. Where employees work an average of 38 hours per week in a four week work cycle, the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain the appropriate hourly rate.


- 859 -

2 Delete clause 7, Charge Hands, and insert in lieu thereof the following;

7. Charge Hands Charge hand tradesmen shall be paid at the rate of the following amounts whilst so employed in addition to rates of wages prescribed by Clause 6, Rates of Wages, Tool and Special Allowances of this Award, for employees of the same classification except in respect of the large construction project allowance.

Per week When in charge of not less than one and not more than nine employees 69.00 When in charge of ten and not more than fifteen employees 80.50 When in charge of sixteen or more employees 92.10

3. Delete clause 8 Special Rates, and insert in lieu thereof the following:

8. Special Rates In addition to the ordinary rates of wages: (i) High places: A bridge carpenter when required to work at a height of 7.62 metres from the ground, deck

floor or water level shall be paid at the rate of 48 cents per hour extra, and 9 cents per hour extra for every additional 3.048 metres. Height shall be calculated from where it is necessary for the employee to place his hands or tools in order to carry out the work to the ground deck, floor or water level.

For the purpose of this paragraph "deck" or "floor" shall mean a substantial structure which, even though temporary is sufficient to protect an employee from falling any further distance and "water level" shall mean in tidal waters the mean water level. This paragraph shall not apply to workers working on suitable scaffolding erected in accordance with the regulations under the Occupational Health and Safety Act 2000 and certified by an inspector as conforming to that Act.

(ii) An employee required to work on the construction of chimneys and air shafts where the construction

exceeds 15.24 metres in height, shall be paid for all work above 15.24 metres 45 cents per hour with 11 cents per hour additional for work above each further 15.24 metres.

(iii) Tunnels and sewers: In the case of all employees whose craft award contains a similar provision an

employee when engaged in tunnel and sewer work in an underground shaft exceeding 3.048 metres in depth shall be paid such additional minimum rate as is provided for in such craft award.

(iv) Second hand timber: A bridge carpenter or a carpenter and joiner who, whilst working on secondhand

timber has their tools damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $1.85 for each day upon which his tools are so damaged: Provided that no allowance shall be payable under this paragraph unless the damage is immediately reported to the Commission's representative on the job in order that he may have an opportunity to properly investigate the matter.

(v) Wet places: An employee when working in any place where his clothing or boots become saturated,

whether by water, oil or otherwise shall be paid at the rate of 48 cents per hour extra: provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear; provided further that any employee who becomes entitled to this extra rate shall continue to be paid such extra rate for such part of the day or shift as he is required to work in wet clothing or boots.

(vi) Chokages: A plumber who is employed upon any chokage or oil chokage (other than domestic) and is

required to open up any soil pipe, waste pipe or drain conveying offensive material, or scupper containing sewage shall be paid an additional $4.99 per day or part of a day thereof.


- 860 -

(vii) Swing scaffold: A payment of $3.44 for the first four hours or any portion thereof and 70 cents for each hour thereafter on any day shall be made to any person employed:

(a) on any type of swing scaffold or any scaffold suspended by rope or cable, bosuns chair etc. (b) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6

metres or more above the nearest horizontal plane.

And further provided that solid plasterers when working off a swing scaffold shall receive an additional 11 cents per hour.

(viii) Insulation: Employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton,

insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be offended by the use thereof, 53 cents per hour or part thereof.

(ix) Hotwork: An employee who works in a place where the temperature has been raised by artificial means

to between 46 degrees and 54 degrees Celsius 42 cents per hour or part thereof, exceeding 54 degrees Celsius - 62 cents per hour or part thereof.

Where such work continues for more than two hours the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this sub-clause.

(x) An employee who works in a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation shall be paid 60 cents per hour extra.

(xi) Roof repairs: Employees engaged on repairs to roofs shall be paid 60 cents per hour. (xii) An employee who is an authorised operator of explosive power tools shall be paid $1.12 for each day

on which he uses such a tool. (xiii) An employee working on any structure at a height of more than 9.144 metres where an adequate fixed

support not less than .762 metres wide is not provided shall be paid 48 cents per hour in addition to ordinary rates. This sub-clause shall not apply to an employee working on a bosuns chair or swinging stage.

(xiv) A painter engaged on all spray application carried out in other than a properly constructed booth,

approved by the Department of Commerce shall be paid 48 cents per hour extra. (xv) Computing quantities: Employees who are regularly required to compute or estimate quantities of

materials in respect to the work performed by other employees shall be paid an additional $3.44 per day or part thereof, provided that, this allowance shall not apply to an employee classified as a leading hand and receiving allowance prescribed in Clause 7, Leading Hands of this award.

(xvi) Where an employee is a qualified first-aid person and is employed to carry out the duties of a qualified

first-aid person the employee shall be paid an additional rate of $2.06 per day. (xvii) Applying obnoxious substances:

(a) An employee engaged in either the preparation and/or application of epoxy based materials or materials of a like nature shall be paid 60 cents per hour extra.

(b) In addition employees applying such material in buildings which are normally air-conditioned

shall be paid 37 cents per hour extra for any time worked when the air conditioning plant is not operating.

(c) Where there is an absence of adequate natural ventilation the employer shall provide ventilation

by artificial means and/or supply an approved type of respirator and in addition, protective clothing shall be supplied where recommended by the Health Commission of New South Wales.


- 861 -

(d) Employees working in close proximity to employees so engaged shall be paid 48 cents per hour

extra. (e) For the purpose of this clause all materials which include or require the addition of a catalyst

hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

(xviii) Marking-setting-out: A building tradesperson mainly employed marking and/or setting out work for

other employees shall be paid an additional margin of $18.08 per week. (xix) Cleaning down brickwork: A bricklayer required to clean down bricks using acids or other corrosive

substances shall be paid 42 cents per hour extra. Whilst so employed employees will be supplied with gloves.

(xx) Bricklayers laying other than standard bricks: Bricklayers employed laying block (other than cindercrete

blocks for plugging purposes) shall be paid the following additional rates:

Where the blocks with over 5.5 kg and under 9 kg - 48 cents per hour. Where the blocks with 9kg or over up to 18 kg - 85 cents per hour. Where the blocks weigh over 18 kg - $1.21 per hour. An employee shall not be required to lift a building block in excess of 20kg unless such employee is provided with a mechanical aid or with an assisting employee; provided that, an employee shall not be required to manually lift any building block in excess of 20kg in weight to a height of more than 1.2 metres above the working platform.

(xxi) Asbestos: Employees required to use materials containing asbestos or to work in close proximity to

employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (ie combination overalls and breathing equipment or similar apparatus) such employees shall be paid 60 cents per hour extra while so engaged.

(xxii) Bagging: Employees engaged upon bagging brick or concrete structures shall be paid 42 cents per hour. (xxiii) Rates not cumulative: Where more than one of the above special rates provides payment for disabilities

of substantially the same nature then only the highest of such rates shall be payable. The above rates shall not form part of the ordinary rates of wages for the purpose of calculation of overtime.


July, 2004.

T. M. KAVANAGH J.



- 862 -

(358) SERIAL C2992

GOVERNMENT RAILWAYS (BUILDING TRADES MAINTENANCE

STAFF) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete subclause (i) of clause 5, Rates of Wages, Tool and Special Allowances, of the award published

14 June 2002 (334 I.G.465) and insert in lieu thereof the following:

5. Rates of Wages, Tool and Special Allowances (i) Employees of the classifications specified hereunder shall be paid at the following rates of Wages per

week:

Classification Base* Tool Special Additional Tradesmens’ SWC Total rate Allowance Allowance loading Allowance 2000- per wk per wk per wk per wk per wk per wk 2004 $ $ $ $ $ $ $

Bricklayer 366.00 15.60 12.88 59.87 16.25 82.00 552.60 Bridge Carpenter 366.00 22.10 12.88 59.87 16.25 82.00 559.10 Carpenter and joiner 366.00 22.10 12.88 59.87 16.25 82.00 559.10 Painter 366.00 5.40 12.88 59.87 16.25 82.00 542.40 Signwriter 375.80 5.40 12.88 59.87 16.25 82.00 552.20


- 863 -

Plaster and Fibrous Plaster Fixer 366.00 18.20 12.88 59.87 16.25 82.00 555.20 Plumber and Gasfitter 369.10 22.10 12.88 59.87 16.25 84.00 564.20

* Please note the base rate includes the now deleted basic wage component of $121.40 Provided that the amount shown as additional loading comprehends consideration for over award payments. (ii) Without limiting the general meaning, signwriting work shall include making of stencils and stencilling

by screen or any other method, and the making and/or fixing of transfers. (iii) The ordinary hourly rates for employees engaged on leadburning shall be calculated by adding to the

hourly rate prescribed for journeymen plumbers an amount of 56 cents per hour. (iv) The ordinary hourly rates for employees in the following classifications shall be calculated by adding to

the hourly rate prescribed for journeyman plumbers in this clause and sub-clause (vi) of this clause, the following rates:

Cents per hour

(a) When required to act on their plumbers licence 70 (b) When required to act on their gasfitters licence 70 (c) When required to act on their drainers licence 60 (d) When required to act on their plumbers and gasfitters licence 93 (e) When required to act on their plumbers and drainers licence 93 (f) When required to act on their gasfitters and drainers licence 93 (g) When required to act on their plumbers gasfitter and drainers licence $1.29 (h) When required to act on Pressure Welding Certificate 40

Gasfitting licence shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

(v) A plumber and or gasfitter and/or drainer who is or will be required to be the holder of a certificate of

Registration shall be paid 54 cents per hour in addition to their ordinary rate of pay.

This allowance shall be paid for all purposes of the award with the exception of clause 4 Overtime and clause 10, Night and/or shift work in which case it shall be paid as a flat rate and not subject to penalty provisions.

(vi) The allowances contained in sub-clause (iv) and (v) of this clause are applicable to employees working

a 40 hour week. Where employees work an average of 38 hours per week in a four week work cycle the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain an appropriate hourly rate.

(vii) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These

adjustments may be offset against:

(i) any equivalent overaward payments, and/or (ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum

rates adjustments. 2. Delete clause 6, Leading Hands and insert in lieu thereof the following:


- 864 -

6. Leading Hands Leading hand tradesmen shall be paid at the rate of the following amounts whilst so employed, in addition to the rates of wages prescribed by Clause 5, Rates of wages, tool and special allowances of this award, for employees of the same classification:

Per week $ When in charge of not less than three and not more than ten employees 23.80 When in charge of more than ten and not more than twenty employees 35.60 When in charge of more than twenty employees 45.20

3. Delete clause 7 Special rates, and insert in lieu thereof the following:

7. Special Rates In addition to the ordinary rates of wages. (i) Tunnels: An employee when working in a tunnel 402.34 metres or over in length or in the Eveleigh

Engine dive shall be paid at the rate of 38 cents per hour extra. (ii) Wet places: An employee when working in any place where his clothing or boots become saturated

whether by water, oil or otherwise shall be paid at the rate of 49 cents per hour extra; provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear; provided further that any employee who becomes entitled to this extra rate shall continue to be paid such extra rate for such part of the day or shift as he is required to work in wet clothing or boots.

(iii) Chokages: A plumber who is employed upon any chokage or oil chokage (other than domestic and is

required to open up any soil pipe, waste pipe or drain pipe conveying offensive material or scupper containing sewage shall be paid an additional $5.12 per day or part of a day thereof.

(iv) Boilers, flues, etc: An employee when engaged in alteration of repairs to boilers, flues, furnaces, retorts

and kilns shall be paid at the rate of $1.46 per hour extra. (v) Swinging scaffold - a payment of $3.54 for the first four hours or any portion thereof and 72 cents for

each hour thereafter on any day shall be made to any person employed-

(a) On any type of swing scaffold or any scaffold suspended by rope of cable, bosuns chair etc., (b) On a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6

metres or more above the nearest horizontal plane.

And further provided that solid plasterers when working off a swing scaffold shall receive an additional 11 cents per hour.

(vi) An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton,

insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be offended by the use thereof, 62 cents per hour or part thereof.

(vii) Hotwork: An employee who works in a place where the temperature has been artificially raised to

between 46 degrees and 54 degrees Celsius shall be paid 49 cents per hour or part thereof exceeding 54 degrees Celsius- 62 cents per hour or part thereof.

Where such work continues for more than two hours the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this sub-clause.


- 865 -

(viii) An employee who works in a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation shall be paid 62 cents per hour extra.

(ix) Roof Repairs: Employees engaged on repairs to roofs shall be paid 62 cents per hour. (x) An employee who is an authorised operator of explosive power tools shall be paid $1.15 for each day

on which he uses such a tool. (xi) An employee working on any structure at a height of more than 9.144 metres where an adequate fixed

support not less than .762 metres wide is not provided shall be paid 49 cents per hour in addition to ordinary rates. This sub-clause shall not apply to an employee working on a bosun’s chair or swinging stage.

(xii) An employee being the holder of a Department of Industrial Relations oxyacetylene or electric welding

certificate or equivalent qualifications recognised by the Employer when required by the Employer to act on either of his certificates or equivalent qualifications during the course of his employment shall be entitled to be paid for every hour of his employment on work the nature of which is such that it is done by or under the supervision of the holder of a certificate or while not performing but supervising such work the sum of 42 cents per hour for each certificate in addition to the rates for journeyperson plumbers.

(xiii) A painter engaged on all spray applications carried out in other than a properly constructed booth

approved by the Department of Industrial Relations shall be paid 49 cents per hour extra. (xiv) Computing quantities- Employees who are regularly required to compute or estimate quantities of

materials in respect to the work performed by other employees shall be paid an additional $3.54 per day or part thereof, provided that, this allowance shall not apply to an employee classified as a leading hand and receiving allowance prescribed in clause 6, Leading Hands, of this award.

(xv) Applying obnoxious substances:

(a) An employee engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid 61 cents per hour extra.

(b) In addition employees applying such material in buildings which are normally air-conditioned

shall be paid 38 cents per hour extra for any time worked when the air-conditioning plant is not operated.

(c) Where there is an absence of adequate natural ventilation the employer shall provide ventilation

by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the WorkCover Authority of New South Wales.

(d) Employees working in close proximity to employees so engaged shall be paid 49 cents per hour

extra. (e) For the purpose of this clause all materials which include or require the addition of a catalyst

hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

(xvii) Cleaning down brickwork: A bricklayer required to clean down bricks using acids or other corrosive

substances shall be paid 43 cents per hour extra. While so employed employees will be supplied with gloves.

(xviii) Bricklayers laying other than standard bricks - bricklayers employed laying blocks (other than concrete

blocks for plugging purposes shall be paid the following additional rates:

Where the blocks weigh over 5.5 kg and under 9 kg: 49 cents


- 866 -

Where the blocks weigh 9 kg or over up to 18 kg: 87 cents Where the blocks weigh over 18 kg: $1.24

An employee shall not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with a mechanical aid or with an assisting employee; provided that, an employee shall not be required to manually lift any building block in excess of 20 kg in weight to a height of more than 1.2 metres above the working platform.

(xix) Plumbers engaged on electric welding applicable to plumbing other than those covered by subclause

(xii) of this clause shall be paid 14 cents per hour extra for the time so worked. (xx) Asbestos: Employees required to use materials containing asbestos or to work in close proximity to

employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (ie combination overalls and breathing equipment or similar apparatus) such employees shall be paid 62 cents per hour whilst so engaged.

(xxi) Bagging: Employees engaged upon bagging brick or concrete structures shall be paid 43 cents per hour. (xxii) Second hand timber: A carpenter and joiner who, whilst working on second hand timber has his tools

damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $1.90 for each day upon which his tools are so damaged. Provided that no allowance shall be payable under this paragraph unless the damage is immediately reported to the commission's representative on the job in order that he may have an opportunity to properly investigate the matter.

(xxiii) Marking setting out- A building tradesperson mainly employed marking and/or setting out work for

other employees shall be paid an additional margin of $18.63 per week. (xxiv) Rates not cumulative: Where more than one of the above special rates provide payments for disabilities

of substantially the same nature then only the highest of such rates shall be payable.

The above rates shall not form part of the ordinary rates of wages for the purpose of calculation of overtime.


July, 2004.

T. M. KAVANAGH J.



- 867 -

(534) SERIAL C2993

PLANT, &c., OPERATORS ON CONSTRUCTION (STATE) AWARD


Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch) , industrial organisation of employees.

(No. IRC 3618 of 2004)


VARIATION 1. Delete the tables in paragraph (e) and (f) of subclause (1) of clause 5, Wage Rates, of the award

published 16 November 2001 (329 I.G. 625), and insert in lieu thereof the following:

Broadbanded New CW SWC 2004 11 Sept. Anniversary of 11 Sept. Award Classification Effective 2004 commencement 2005

Classification 10/07/04 1 April 2005 $ $ $ $ $

Group A CW3 541.80 548.80 555.80 561.30 Group B CW4 560.10 567.60 575.10 582.20 Group C CW5 579.00 587.50 596.00 603.00 Group D CW5 584.40 590.90 597.40 603.00 Group E CW5 590.70 594.80 598.90 603.00 Group F CW6 599.50 607.00 614.50 621.90 Group G CW6 606.70 612.20 617.70 621.90 Group H CW7 619.60 627.60 635.60 642.70

Classification SWC 2004 11 Sept. Anniversary of 11 Sept 2005 Effective 2004 commencement

10/07/04 $ $ CW8 619.60 635.00 650.40 665.60


- 868 -

CW7 619.60 627.60 635.60 642.70 CW6 599.50 607.00 614.50 621.90 CW5 579.00 587.50 596.00 603.00 CW4 560.10 567.60 575.10 582.20 CW3 541.80 548.80 555.80 561.30 CW2 534.80 538.00 542.60 542.60 CW1(d) 529.20 529.20 529.20 529.20 CW1(c) 517.60 517.60 517.60 517.60 CW1(b) 509.20 509.20 509.20 509.20 CW1(a) 496.70 496.70 496.70 496.70

2. Delete subclause (4) of clause 5, and insert in lieu thereof the following: (4) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These


(a) any equivalent overaward payments and/or (b) award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum

rates adjustments. 3. Delete Part B - Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Rates of Pay

Classification Rate per week $

The rates of pay in this table represent the rates applicable to employees covered by this award and come about as a result of the insertion of the new classification structure. The new classification structure is subject to a transitional period. Accordingly, the rates of pay in this table do not apply until the transitional period is complete. See clauses 5(1)(e) and 5(1)(f) for the rates of pay applicable during the transitional period. Construction Worker Level 8 - CW8 665.60 Construction Worker Level 7 - CW7 642.70 Construction Worker Level 6 - CW6 621.90 Construction Worker Level 5 - CW5 603.00 Construction Worker Level 4 - CW4 582.20 Construction Worker Level 3 - CW3 561.30 Construction Worker Level 2 - CW2 542.60 Construction Worker Level 1 - CW1(d) 529.20 Construction Worker Level 1 - CW1(c) 517.60 Construction Worker Level 1 - CW1(b) 509.20 Construction Worker Level 1 - CW1(a) 496.70


Item Clause Brief Description Amount

1 5(5)(i) Operator in charge of plant 13.22 per week 2 5(5)(ii)(a) Industry allowance 21.10 per week 4 5(5)(iii) Employees engaged in waste disposal depots 0.98 per hour 5 5(5)(iv) Leading hands - In charge of more than 2 and up to 5 employees 18.60 per week In charge of more than 5 and up to 10 employees 26.30 per week


- 869 -

In charge of more than 10 employees 33.50 per week 6 5(5)(v) Special Allowance - Employees within A.I. & S, Port 0.75 per hour Kembla

7 5(5)(vi) Employees involved in road construction work in the 0.48 per hour Illawarra region near coal wash

8 14(ii) Meal Allowance 9.90 per meal each subsequent meal 8.10 per meal

9 5(2) Floating/Mobile/other cranes for every 5 tonnes in excess of 20 tonnes 1.73

10 31(i)(a) Excess Fares 13.30 per day Small Fares 5.10 per day

11 31(i)(b) Travel Pattern Loading 7.25 per week 12 31(iv)(a) Travel in excess of 40 kilometres from the depot 0.73 per km

Minimum Payment 13.30 per day 31(iv)(b) Use of Own Vehicle 0.73 per km 31(iv)(c) Road Escort - Own Vehicle 0.73 per km 31(iv)(d) Transfer - One job to another Own Vehicle 0.73 per km

13 31(v) Carrying of Fuels Oils and/or grease 7.97 per day

14 Country Work Allowance 33(iii)(a) Unbroken Week 338.60 per week 33(iii)(b) Broken Week 48.40 per day

15 33(iii)(c)(i) Travel Allowance - Weekend Return 27.10 per occasion

16 33(v) Meal Allowance whilst travelling 9.90 per meal 17 34(xv)(a) Camping Area - Weekend return 27.10 per

occasion 18 35(ii) Caravan Allowance

Unbroken Week 158.10 per week Broken Week 22.60 per day

19 37(i) Employees working in the west and north districts of 0.77 per day new the State rates to be agreed Employees working in the western districts of the

State 1.27 per day new

rates to be agreed 20 37(ii) Employees working in the southern districts of the 1.27 per day new

State rates to be agreed 21 38(x)(c)(v)(A) First-Aid Allowance 2.03 per day 22 38(x)(c)(v)(B) First-Aid Allowance 3.19 per day 22 38(ix)(d) Employee engaged in lime work 0.34 per hour

Notation: New rates to be agreed 4. This variation shall come into effect on the first pay period commencing on or after 10 July 2004 the

rates of remuneration shall be phased in and take effect from the periods indicated in the relevant tables.

T. M. KAVANAGH J.



- 870 -

(084) SERIAL C2994

BUILDING CRANE DRIVERS (STATE) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete subclause (ii) of clause 4, Rates of Pay, of the award published 26 October 2001 (328 I.G. 1275),


(ii) The rates of pay in this award include the State Wage Case - May 2004 adjustment as set out in Table 1 - Wages, of Part B, Monetary Rates, payable under the State Wage Case - May 2004 decision. This adjustment may be offset against:

(A) any equivalent overaward payments, and/or (B) award wage increases since 29 May 1991 other than safety net adjustments and minimum

rates adjustments. 2. Delete Part B, Monetary Rates, and insert n lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages

Classification Base Rate Safety Net Adjustment Total Margin


- 871 -

Per Week Per Week Per Week $ $ $

Lofty Crane Driver 495.20 142.00 637.20


Item No. Clause No. Brief Description Amount $

1. 8(iii) Overtime meal allowance 9.90 per meal 2. 8 (iii) (a) Meal interval 9.90 per meal 3. 10A(i) Travel Allowance 12.40 per day 4. 10A(ii) Travel within 50 klm from depot 12.40 per day 6. 10 D (i)(b) Excess travel 0.37 cents per klm 5. 10I(ii) Transfer of work sites 0.69 cents per klm 7. 10M Travelling time allowance 8.55 per week 8. 11 (iii) (b) Living away from home weekly rate 338.60 per week 9. 11 (iii) (b) Living away from home daily rate 48.40 per day

10. 11 (v) (c) (iii) Meals while travelling 9.90 p/meal 11. 11 (vi) Return journey 16.10 12. 11 (xi) (b) Weekly camping rate 135.60 per week 13. 11 (xi) (b) Daily camping rate 19.50 per day 14. 12A Industry Allowance 21.10 per week 15. 12B Multi Storey Allowance -

From 4th floor level to 10th floor level 0.42 per hour extra From 11th floor level to 15th floor level 0.48 per hour extra From 16th floor level to 20th floor level 0.56 per hour extra From 21st floor level to 25th floor level 0.71 per hour extra From 26th floor level to 30th floor level 0.86 per hour extra From 31st floor level to 40th floor level 0.91 per hour extra From 41st floor level to 50th floor level 1.05 per hour extra From 51st floor level to 60th floor level 1.20 per hour extra From 61st floor level onwards 1.27 per hour extra

16. 12C Towers Allowance Up to 15 metres 0.48 per hour For every additional 15 metres 0.48 per hour

17. 12D(ii) Dirty work 0.48 per hour extra 3. This variation shall take effect from the beginning of the first pay period to commence on or after 10

July, 2004.

T. M. KAVANAGH J.



- 872 -

(301) SERIAL C2995

ENGINE DRIVERS, &c., GENERAL (STATE) AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete subclause 5.4 of clause 5, Rates of Pay, of the award published 2 November 2001 (329 I.G 164),


5.4 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(i) any equivalent overaward payments; and/or (ii) award wage increases since 29 May 1991, other than safety net, State Wage Case, and

minimum rates adjustments. 2. Delete Part B, Monetary Rates, and inert in lieu thereof the following:

PART B

MONETARY RATES


Wage Group Total Award Wage SWC 2004 Total Award Wage Per Week 25/02/04 Per Week 25/02/05 $ $ $


- 873 -

*Level 13 - A 448.40 19.00 467.40 B 451.60 19.00 470.60 Level 12 - D 456.10 19.00 475.10 C 463.00 19.00 482.00 B 466.20 19.00 485.20 A 469.20 19.00 488.20 Level 11 - C 474.00 19.00 493.00 B 480.60 19.00 499.60 A 484.00 19.00 503.00 A(ii) 492.70 19.00 511.70 Level 10 - C 499.60 19.00 518.60 B 502.90 19.00 521.90 A 514.00 19.00 533.00

Level 9 - C 519.60 19.00 538.60 B 527.80 19.00 546.80 A 531.90 19.00 550.90 Level 8 544.40 19.00 563.40 Level 7 553.20 19.00 572.20


Item Clause Brief Description SWC 2003 eff. SWC 2004- No. No. 25/02/2004 25/02/05

$ $

1 5.1(d) Mobile cranes - 2 or more 2.04 p/d 2.11 p/d forklifts/cranes engaged on any lift

2 6.1 Boiler cleaner allowance 1.11 p/d 1.15 p/d 3 5.2 Special work 0.12 p/h 0.12 p/h 4 5.3(a) Attending to refrigerator compressors 22.31 p/w 23.09 p/w Attending to electric generator or 22.31 p/w 23.09 p/w dynamo exceeding 10 kW capacity In charge of plant 22.31 p/w 23.09 p/w

5 5.3(b) Attending switchboard (350 kW or over) 6.91 p/w 7.15 p/w

6 5.3(c) Ship repairing 8.45 p/w 8.75 p/w 7 6.2 Cold Places 0.46 p/h 0.48 p/h 8 6.3 Wet Places Allowance 0.46 p/h 0.48 p/h 9 6.5 Construction Allowance 26.06 p/w 26.97 p/w

10 6.6 Quarries Pty Ltd Allowance 0.46 p/h 0.48 p/h 11 6.4 Dirty Work Allowance 0.46 p/h 0.48 p/h 12 15.2 Stop-Start Engine Allowance 26.70 p/w 27.60 p/w


February 2005.

T. M. KAVANAGH J.


- 874 -


PLASTERERS, SHOP HANDS AND CASTERS (STATE)

CONSOLIDATED AWARD



(No. IRC 3618 of 2004)


VARIATION 1. Delete clause 3, Wages of the award published 15 February 2002 (331 I.G. 387), and insert in lieu

thereof the following:

3. Wages (i) The following minimum rates of pay shall be paid to adult employees:

Total Rate Eff. SWC 2003 Total Rate Eff. 10/07/03 10/07/04 $ $ $ Classification Shop Hand 525.30 17.00 542.30 Caster 439.90 17.00 456.90 Mechanical Cornice Attendant & Operator 431.40 17.00 448.40 Cornice Machine Attendant 431.40 17.00 448.40 All Others 431.40 17.00 448.40

Tool Allowances Effective 11/09/03 $


- 875 -

Shop Hand 3.00 Caster 1.25

(ii) Junior casters minimum rates of pay shall be the rates set out hereunder calculated to the nearest five

cents, any fraction of five cents in the result not exceeding half of five cents to be disregarded:

Percentage of the sum of the total wage assigned to an adult caster

Percentage per week 1st year 48 2nd year 68 3rd year 90

(iii) Casual Employees - A casual employee, that is an employee engaged for less than forty hours per week,

shall be paid one-fifth of the weekly rate plus 10 per centum per day or portion thereof. (iv) Leading Hands:

(a) An employee appointed to be in charge of more than two and up to and including five employees shall be a leading hand and shall be paid $13.93 per week extra.

(b) An employee appointed to be in charge of more than five and up to and including ten employees

shall be a leading hand and shall be paid $17.60 per week extra. (c) An employee appointed to be in charge of more than ten employees shall be a leading hand and

shall be paid $24.79 per week extra. (v) Where an employee is sent from a shop to a job to perform casters and/or fibrous fixers and gypsum

plasterboard fixers' work the worker shall be paid the hourly rates and conditions applying to fixers in the Building and Construction Industry (State) Award whilst he or she is actually employed on this work and this hourly rate shall be paid in lieu of normal pay.

2. Delete clause 4, State Wage Case Adjustments, of the award and insert in lieu thereof the following:

4. State Wage Case Adjustments The rates of pay in this award include the adjustments payable under State Wage Case 2003. 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 3. This variation shall take effect from the beginning of the first pay period to commence on or after 10

July, 2004.

T. M. KAVANAGH J.

____________________


- 876 -

Printed by the authority of the Industrial Registrar. (127) SERIAL C3253

CLERICAL AND ADMINISTRATIVE EMPLOYEES (BLUESCOPE

STEEL LIMITED - PORT KEMBLA) AWARD


Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, industrial organisation of employees.

(No. IRC 4987 of 2004)

Before Mr Deputy President Grayson 27 August 2004

VARIATION 1. Delete paragraph (b) of subclause (x) of clause 1, Classification Structure and Salaries, of the award

published 4 September 1998 (306 I.G. 533) and insert in lieu thereof the following:

(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(1) any equivalent over-award payments; and/or (2) award wage increases since 29 May 1991 other than safety net, State Wage Case and

minimum rates adjustments. 2. Delete subclauses (i) and (iii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof

the following: (i) Adults

Grade Former Weekly Rate SWC 2004 Total Weekly Rate $ $ $

5 644.50 19.00 663.50 4 583.90 19.00 602.90 3 542.20 19.00 561.20 2 508.50 19.00 527.50


- 877 -

1 487.60 19.00 506.60 (iii) Juniors

The minimum rates of salaries per 38-hour week for junior employees shall be as follows:

(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator.

Age Former Weekly Rate SWC 2004 Total Weekly Rate

$ % $ At 17 years of age 240.75 3.5 249.20 At 18 years of age 296.45 3.5 306.85 At 19 years of age 338.95 3.5 350.80 At 20 years of age 400.25 3.5 414.25

(b) All other junior employees

Age Former Weekly Rate SWC 2004 Total Weekly Rate $ % $ Under 17 years 188.95 3.5 195.55 At 17 years of age 236.70 3.5 245.00 At 18 years of age 290.00 3.5 300.15 At 19 years of age 328.90 3.5 340.40 At 20 years of age 387.05 3.5 400.60

3. Delete Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the

following:



1 9(1)(a) Shift clerks - rotating shifts 42.10 2 9(1)(a) Shift clerks - additional shift allowance 27.70 3 9(1)(b)(i) Day shift, night shift 42.10 4 9(1)(b)(ii) Day shift, afternoon shift 35.60 5 9(1)(b)(iii) Day shift, day shift, afternoon shift 35.60 6 9(1)(b)(iv) Day shift, day shift, night shift 35.60 7 9(1)(c) Junior shift clerks 42.10 8 9(1)(d) Adult shift clerks working only afternoon and/or night shifts 56.40 9 9(3) Afternoon or night shift - other shift system 16.80

10 13(4)(c)(ii) Overtime for more than 1 ½ hours - meal allowance 9.15 4. This variation shall take effect from the first full pay period to commence on or after 5 September 2004.

J. P. GRAYSON D.P.

____________________


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WHOLESALE FRUIT AND VEGETABLE EMPLOYEES' (STATE)

AWARD


Application by Shop, Distributive and Allied Employees' Association, New South Wales, industrial organisation of employees and another.

(No. IRC 3552 of 2004)

Before Commissioner Murphy 6 July 2004

VARIATION 1. Delete clause 17, Arbitrated Safety Net Adjustment, of the award published 8 September 2000 (318 I.G.

552) 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 2004. These


(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. 2. Delete Table 1 - Wages, of Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages

Classification Total Rate $


- 879 -

Head Salesperson (Foreperson) 595.70 Banana Ripener 534.20 Salesperson 517.80 Fork Lift Driver 508.30 General Assistant 487.40

Classification 1st MRA 2nd MRA 3rd MRA 4th MRA MRA 20/3/96 14/2/97 17/10/98 9/99 Relativity $ $ $ $ % Head Salesperson Base 391.90 391.90 391.90 391.90 110.0 (Foreperson) Suppl. 48.00 57.20 66.40 75.80 Total 439.90 449.10 458.30 467.70 Banana Ripener Base 342.00 342.00 342.00 342.00 96.0 Suppl. 41.60 49.80 58.00 66.20 Total 383.60 391.80 400.00 408.20

Salesperson Base 328.30 328.30 328.30 328.30 92.14 Suppl. 41.60 48.80 56.00 63.50 Total 369.90 377.10 384.30 391.80 Fork Lift Driver Base 320.30 320.30 320.30 320.30 89.9 Suppl. 38.00 45.90 53.80 62.00 Total 358.30 366.20 374.10 382.30 General Assistant Base 302.90 302.90 302.90 302.90 85.0 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 commencing on or after 6 July 2004.

J. P. MURPHY, Commissioner.



- 880 -

(828) SERIAL C2952

BREAD INDUSTRY (STATE) AWARD


Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 3847 of 2004)

Before The Honourable Justice Marks 19 July 2004

VARIATION 1. Delete paragraph (b) of subclause (i) of clause 4, Rates of Pay and Allowances, of the award made 5

February 2004, and insert in lieu thereof the following:


(1) any equivalent over-award payments; and/or (2) award wage increases since 29 May 1991 other than safety net, State Wage Case and


PART B

MONETARY RATES

Table 1 - Wages

Classification Former Rate SWC Total Rate per Week 2004 per Week $ $ $ Bread Industry Employee Level 1 622.70 19.00 641.70 Bread Industry Employee Level 2 581.20 19.00 600.20


- 881 -

Bread Industry Employee Level 3 559.50 19.00 578.50 Bread Industry Employee Level 4 525.10 19.00 544.10 Bread Industry Employee Level 5 503.50 19.00 522.50 Bread Industry Employee Level 6 480.60 19.00 499.60


Item No. Clause No. Brief Description Amount Payable $

1 2(v)(b) Apprentices' Allowance: Stage 1 pass 5.40 per week 4(vi)(g)(i)

2 2(v)(c) Apprentices' Allowance: Completion of course 15.20 per week 4(vi)(g)(ii)

3 4(vi)(a)(1) Leading Operator: More than 4 employees 13.95 per week 4 4(vi)(a)(2) Leading Operator: Up to four employees 27.75 per week

5 4(vi)(b) Heavy Vehicle Driving Allowance:

5.1 4(vi)(b)(1) Over 3 and up to 4.5 tonnes 3.50 per week 5.2 4(vi)(b)(2) Over 4.5 tonnes and up to 14.95 tonnes 27.65 per week 5.3 4(vi)(b)(3) Over 14.95 tonnes 36.55 per week 5.4 4(vi)(b)(4) Semi-trailer 65.70 per week 6 4(vi)(c) Merchandiser Allowance:

6.1 Flat amount 14.50 per day 6.2 Variable amount 0.28 cents per km 7 4(vi)(d) First-aid Allowance 12.40 per week 8 4(vi)(e) Boiler Allowance 12.00 per week 9 4(vi)(f) Meal Allowance 10.40 per meal

3. This variation shall take effect on and from the first full pay period to commence on or after 9 August

2004.

F. MARKS J.



- 882 -

(142) SERIAL C3145

COACHMAKERS &c. RAIL (STATE) AWARD


Application by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales branch, industrial organisation of employees.

(No. IRC 4273 of 2004)

Before Commissioner Tabbaa 2 August 2004

VARIATION 1. Delete subclause (g) of clause 5, Supplementary Payments, of the award published 25 January 2001

(321 I.G. 1110), as varied, and insert in lieu thereof the following:

(g) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(A) any equivalent overaward payments, and/or (B) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustments. 2. Delete (a) Adult Wages, of Table 1 - Wages, of Part B, Monetary Rates, and insert in lieu thereof the

following:

Wage Group Level Total Award Wage $

V1 485.50 V2 503.90 V3 526.40 V4 547.30 V5 562.30 V6 563.00 V7 563.80 V8 563.70 V9 587.40


- 883 -

V10 606.20 3. Delete Table 2 - Other Rates and Allowances, and insert in lieu thereof the following:

Item Clause Brief Description Amount No No $ 1 4 (a) (i) Leading hand allowance - 23.95 per week not less than 3 and not more than 10 employees 4 (a) (ii) Leading hand allowance - 35.90 per week more than 10 but not more than 20 employees 4 (a) (iii) Leading hand allowance - more than 20 employees 45.10 per week

2 17 Meal Money 8.97 per meal 3 18 (a) (i) Confined Places Allowance 0.51 per hour 4 18 (a) (ii) Thermo welding of Vinyl Linoleum 0.38 per hour

5 18 (b) (i) Dirty Work Allowance 0.39 per hour 6 18 (b) (ii) Dirty Work Allowance - Minimum Payment 1.54 per day 7 18 (c) Height Money Allowance 0.30 per hour 8 18 (d) (i) (1) Hot Place between 46 and 54 degrees Celsius 0.39 per hour 9 18 (d) (i) (2) Hot Place exceeding 54 degrees Celsius 0.68 per hour

10 18 (e) Class or Slag Wool Allowance 0.52 per hour 11 18 (f) (i) Fibreglass Work 0.28 per hour 12 18 (f) (ii) (1) Fibreglass Work - Minimum Payment second half of 1.02 per day

day or shift 13 18 (f) (ii) (2) Fibreglass Work - Minimum Payment first half of day or 2.01 per day

shift 14 18 (g) Livestock Transport - working on 0.39 per hour 15 18 (h) (i) First-aid Qualifications 11.15 per week 16 18 (i) Airline Hood/Respirator Allowance 0.51 per hour 17 18 (j) Fire Squad Allowance 11.18 per week 18 18 (k) Building Maintenance Allowance 0.55 per hour 19 20 (i) Carriage Builder's Tool Allowance 15.71 per week 20 20 (ii) Tradesperson's Tool Allowance 11.09 per week

4. This variation shall take effect from the beginning of the first complete pay period to commence on or

after 22 August 2004.

I. TABBAA, Commissioner.



- 884 -

(253) SERIAL C3163

CHARITABLE INSTITUTIONS (PROFESSIONAL STAFF SOCIAL

WORKERS) (STATE)AWARD


Application by Health Services Union, industrial organisation of employees.

(No. IRC 4175 of 2004)

Before The Honourable Justice Boland 2 August 2004

VARIATION 1. Delete subclause 3.2 of clause 3, Salaries, of the award published 26 November 1999 (312 I.G. 341)

and insert in lieu thereof the following: 4.2 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These


(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 adjustment. 2. Delete Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

Table 1 - Salaries

Classification Current Rate SWC 2004 Wage Rate as per week Adjustment per week from 1/10/04 per week $ $ $

1st year of scale 599.00 19.00 618.00 2nd year of scale 621.80 19.00 640.80 3rd year of scale 653.10 19.00 672.10 4th year of scale 681.30 19.00 700.30 5th year of scale 714.50 19.00 733.50 6th year of scale 741.10 19.00 760.10


- 885 -

7th year of scale 764.40 19.00 783.40 8th year of scale 786.90 19.00 805.90 9th year of scale & thereafter 817.20 19.00 836.20 Grade 1 857.30 19.00 876.30 Senior 911.50 19.00 930.50

3. This variation shall take effect from the first pay period to commence on or after 1 October 2004.

R. P. BOLAND J.


MISCELLANEOUS WORKERS' - INDEPENDENT SCHOOLS AND

COLLEGES, &c. (STATE) AWARD



(No. IRC 4167 of 2004)

Before Commissioner Macdonald 16 August 2004

VARIATION 1. Insert in clause 2, Arrangement, of the award published 4 May 2001 (324 I.G. 579), the following new

clause number and subject matter and renumber the existing clause 40, Area, Incidence and Duration to read as clause 41.

40. Deduction & Remittance of Union Membership Fees

2. Delete subclause (v) of clause 13, Wages and Classification Structure, insert in lieu thereof:

(v) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent over award payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustments. 3. Renumber clause 40, Area, Incidence and Duration, to read as clause 41 and insert the following new

clause 40:

40. Deduction & Remittance of Union Membership Fees (i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any

employee, provided that:

(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;


- 886 -

(b) the Union shall advise the employer of the amount to be deducted for each pay period applying

at the employer’s workplace and any changes to that amount; (c) deduction of union membership fees shall only occur in each pay period in which payment has or

is to be made to an employee; and (d) there shall be no requirement to make deductions for casual employees with less than two

months’ service (continuous or otherwise). (ii) The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of

Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

(iii) Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscription to employees’ membership accounts, provided that:

(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be

entitled to retain up to five per cent of the monies deducted; and (b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be

entitled to retain up to 2.5 per cent of the monies deducted. (iv) Where an employee has already authorised the deduction of Union membership fees in writing from his

or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

(v) The Union shall advise the employer of any change to the amount of membership fees made under its

rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll

deductions of Union membership fees. (vii) Where an employee who is a member of the Union and who authorised the employer to make payroll

deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

This clause shall take effect:

(a) In the case of employers which currently deduct union membership fees, or whose payroll

facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 7 September 2004;

(b) In the case of employers who do not fall within sub-paragraph (i) above, but who currently make

deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 7 December 2004;

(c) For all other employers, from the beginning of the first pay period to commence on or after 7

March 2005.


- 887 -

4. Delete Table 1 - Wage Rates, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,


Table 1 - Wages

Classification Former Rate State Wage Case New Total Rate Per Week 2004 increase Per Week $ $ $

Level 6 591.70 19.00 610.70 Level 5 569.30 19.00 588.30 Level 4 531.40 19.00 550.40 Level 3 510.70 19.00 529.70 Level 2 498.90 19.00 517.90 Level 1 486.60 19.00 505.60


Item Clause Brief Description Amount No. No. $ 1 11(v)(a) Meal Allowance - Overtime and (b) First Meal 8.00 Second and subsequent meals 8.00

2 15(i) Toilet Cleaning 7.22 per week 3 15 (ii) Leading Hands in Charge of: Per Week 1-5 employees 18.31 6-10 employees 22.77 11-15 employees 30.59 16-20 employees 36.98 Over 20 employees 36.98 Each extra employee over 20 employees 52 cents

4 15 (iii) First Aid Allowance 10.98 per week 2.19 per day

5 15 (iv)(a) Uniforms - Laundering Allowances and (b) Uniforms 6.22 per week 1.24 per shift Aprons 2.77 per week Chefs Overalls Trousers 8.50 per week

6 15(v) Qualification Allowance 14.90 per week Cleaning Supervisor's Course 2.98 per day

7 15(viii) Refuse Disposal - Cleaners 78 cents per hour Maximum 15.70 per

week 8 15(ix) Multi-purpose Machines - cleaners 1.99 per shift 9 15(x) Locomotion Allowance - General Service Employees Stream Employee providing own vehicle 20.20 per shift plus fuel Employee providing own bicycle 1.83 per shift

10 16(i)(a), Broken Shift Allowances 16(i)(b), (a) Three shifts per day 7.68 per day 16(i)(c) (b) Two shifts per day 3.52 per day

11 16(i)(c) Excess Fares Allowances 7.40 per week 12 33(ii) Tool Allowance - Apprentice Cooks

- where tools not supplied 0.76 per week


- 888 -

5. The variation shall take effect from the first full pay period to commence on or after 7 September 2004.

A. W. MACDONALD, Commissioner.


HEALTH, FITNESS AND INDOOR SPORTS CENTRES (STATE)

AWARD


Application by The Australian Liquor, Hospitality and Miscellaneous Workers Union, industrial organisation of employees.

(No. IRC 3928 of 2004)


VARIATION 1. Delete clause 31, State Wage Case Adjustment, of the award published 4 May 2001 (324 I.G. 497) and

insert in lieu thereof the following:

31. State Wage Case Adjustment The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (a) any equivalent over award payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustments. 2. Delete Table 1 -Rates of Pay and Table 2 - Other Rates and Allowances, of Part B Monetary Rates and

insert in lieu thereof the following:-


Grade Relativity Full Time Hourly Rate $ $ Level 1 78% 467.40 12.30 Level 2 82% 484.10 12.74 Level 3A 87.4% 506.60 13.33 Level 3B 91.5% 523.00 13.76 Level 4 92% 525.80 13.84 Level 5 100% 561.20 14.77 Level 6 115% 624.40 16.43


- 889 -

Junior Rates for Levels 1, 2 and 3.

Percentage of Appropriate Adult Rate % At 16 years and under 55 At 17 years 65 At 18 years 75 At 19 years 85 At 20 years 100


Item No. Clause No. Brief Description Amount Per Week $

1 2(c) Supervisory loadings - Up to 5 employees 19.70 per week 2 2(c) Supervisory loadings - 6 to 10 employees 26.95 per week 3 2(c) Supervisory loadings -11 or more employees 36.10 4 21(a) First-aid allowance 9.20 per week 1.84 per shift

5 23(a) Stocking allowance 2.65 0.53 per day 23(b) Toilet cleaning allowance 7.55 23(c) Laundry Allowance 6.95 per week 1.39 per day 23(d) Broken Shift Allowance: For each broken shift so worked 9.90 per day excess fares allowance 7.30 per week or 1.46 per day

3. The variation shall take effect from the first full pay period to commence on or after 12 August 2004.

R. P. BOLAND J.



- 890 -

(665) SERIAL C3133

TRANSPORT INDUSTRY - MIXED ENTERPRISES INTERIM (STATE)

AWARD


Application by Transport Workers' Union of New South Wales, industrial organisation of employees.

(No. IRC 4379 of 2004)


VARIATION 1. Delete subclause 49.3 of clause 49, Commitment, of the award published 23 November 2001 (329 I.G.

748) and insert in lieu thereof the following: 49.3 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These


49.3.1 any equivalent over-award payments; and/or 49.3.2 award wage increases since 29 May 1991 other than safety net, State Wage Case and


PART B

MONETARY RATES

Table 1 - Wages Division A - General Rates

Classification Former Wage 2004 SWC New Wage Rate per week Adjustment Rate per week $ $ $ Transport Worker Grade One 495.40 19.00 514.40 Transport Worker Grade Two 509.00 19.00 528.00 Transport Worker Grade Three 518.40 19.00 537.40 Transport Worker Grade Four 526.60 19.00 545.60 Transport Worker Grade Five 549.70 19.00 568.70


- 891 -

Transport Worker Grade Six 555.00 19.00 574.00 Transport Worker Grade Seven 571.40 19.00 590.40 Transport Worker Grade Eight 601.90 19.00 620.90 Chauffeurs/drivers of vehicles used for the purpose of carrying persons 499.50 19.00 518.50

Youths employed in the capacity of a Transport Worker Grade One:

Percentage of the Wage for a Transport Worker Grade One At 18 years of age 75 At 19 years of age 85 At 20 years of age 90

Youths employed by members of the Tallow Manufacturers’ Association:

Percentage of the Wage for a Transport Worker Grade One At 16 years of age 65 At 17 years of age 70 At 18 years of age 75 At 19 years of age 85 At 20 years of age 90


Division B - Ready-Mixed Concrete Industry

Item Clause Brief Description Former New Amount No. No. Amount (+3.5%, 2004 SWC)

$ $ 1 7.2.1 Driver agitator trucks 0.44 0.46 per hour 2 7.2.1 Maximum payment agitator trucks 17.26 17.86 per week 3 7.2.4 Delivery/placement of concrete rate 1.43 1.48 per hour


Division C - Extra Payments


$ $ 1 7.3.1 Leading hands 27.11 28.06 per week 2 7.3.2 Collecting butchers bones, fat, etc. 5.61 5.81 per week 3 7.3.3 Extra horses 14.11 14.60 per horse per week 4 7.3.4 RTA employees attending compressors 3.98 4.12 per day or part thereof 5 7.3.5 Working in forests 17.68 18.30 per week 6 7.3.6.1.1 Long/wide loads 1.41 1.46 per hr or part thereof 7 7.3.6.1.1 Long/wide loads - minimum payment 5.61 5.81 per day 8 7.3.6.1.2 Long/wide loads 2.63 2.72 per hr or part thereof 9 7.3.6.1.2 Long/wide loads minimum payment 10.55 10.92 per day

10 7.3.6.2 Rear-end steering 3.89 4.03 per hr or part thereof 11 7.3.6.2 Rear-end steering minimum payment 15.38 15.92 per day 12 7.3.7 HIAB cranes, etc. 23.99 24.83 per wk 13 7.3.8 Removal and delivery of furniture, etc. 4.50 4.66 per day or part thereof 14 7.3.9 Handling of diapers - weekly

employees 1.87 1.94 per week 15 7.3.9 Handling of diapers casual employees 0.38 0.39 per day


- 892 -

Table 4 - Other Work-Related Allowances


$ $ 1 19 Collecting moneys - $30 - $150 4.26 4.41 per week 2 19 Collecting moneys - $150- $250 6.00 6.21 per week 3 19 Collecting moneys - $250 - $400 8.60 8.90 per week 4 19 Collecting moneys - $400- $600 12.61 13.05 per week 5 19 Collecting moneys - over $600 16.73 17.32 per week 6 20 Carrying money - on the level 0.83 0.86 per tonne

7 20 Carrying money - upstairs 1.24 1.28 per tonne 8 21 Carrying salt 0.83 0.86 per tonne or part thereof

9 22.1.1 Obnoxious materials - soda ash, etc. 0.74 0.77 per hour 10 22.1.2 Obnoxious materials - oxides 0.61 0.63 per hour 11 22.2 Obnoxious materials - loading and

unloading 0.74 0.77 per hour

12 22.3 Obnoxious materials - transportation 0.41 0.42 per hour 13 22.7 Obnoxious materials - blast furnaces,

etc. 0.63 0.65 per hour

14 42.1 First aid 1.83 1.89 per day

Table 5 - Reimbursement-Type Allowances

Item Clause Brief Description Amount No. No. $ 1 23.4.3 Overnight expenses 33.90 per day 2 23.5 Weekend/holiday expenses 31.45 per day 3 23.7 Camping out - weekly 73.10 per week 4 23.7 Camping out - daily 10.60 per day 5 24 Garaging 17.15 per week 6 18.2.1 Meals 9.35

Table 6

Long Distance Rate

Long Distance Kilometre Rate cents/km 26.60

5. This variation shall operate from the first pay period commencing on or after 2 September 2004.

R. W. HARRISON D.P.



- 893 -

(482) SERIAL C3222

MISCELLANEOUS WORKERS KINDERGARTEN AND CHILD CARE

CENTRES (STATE) AWARD


Application by The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 4242 of 2004)

Before Commissioner Cambridge 24 August 2004

VARIATION 1. Delete paragraph (b) of subclause (i) of clause 9, Wages, of the award published 22 June 2001 (325 I.G.

652), and insert in lieu thereof the following:


(1) any equivalent over-award payments, and/or (2) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rate adjustment. 2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages

Classification Present Weekly Increase New Weekly Rate Rate $ $ $ Support Worker 493.40 19.00 512.40 Support Worker (Qualified 507.00 19.00 526.00 Cook) Child Care Worker Step 1 488.80 19.00 507.80 Step 2 493.40 19.00 512.40


- 894 -

Step 3 497.80 19.00 516.80 Step 4 502.40 19.00 521.40 Advanced Child Care Worker Step 1 513.30 19.00 532.30 Step 2 525.30 19.00 544.30 Step 3 536.20 19.00 555.20 Advanced Child Care Worker Qualified Step 1 577.50 19.00 596.50 Step 2 586.60 19.00 605.60 Step 3 595.80 19.00 614.80

Co-ordinator - Unqualified Small Step 1 532.50 19.00 551.50 Step 2 546.50 19.00 565.50 Step 3 557.40 19.00 576.40 Co-ordinator - Unqualified Large Step 1 544.10 19.00 563.10 Step 2 556.00 19.00 575.00 Step 3 567.00 19.00 586.00 Co-ordinator - Qualified Small Step 1 604.30 19.00 623.30 Step 2 613.40 19.00 632.40 Step 3 622.60 19.00 641.60 Co-ordinator - Qualified Large Step 1 623.40 19.00 642.40 Step 2 632.50 19.00 651.50 Step 3 639.70 19.00 658.70

Table 2 - Additional Rates and Allowances

Item Clause Brief Description Present New No. No. Amount Increase Amount

$ % $ 1 10 (ii)(a) Broken Shift $49.85 per week $51.60 per week $9.95 per day 3.5% $10.30 per day

2 10 (ii)(b) Excess Fares $6.80 per week 6.3% $7.25 per week 3 10 (iii) Uniform: Laundry Allowance $3.95 per week 3.2% $4.10 per week

4 10 (iv) Cooks Uniforms: Laundry Allowance $6.20 per week 3.2% $6.40 per week

5 10 vi)(a) Qualification Allowance Commercial Cookery Basic Certificate $4.95 per week 3.5% $5.10 per week

6 10(vi)(b) Hotel & Restaurant Cookery Certificate $10.50 per week 3.5% $10.85 per week

7 12 (iv) Meal Money $5.55 per meal 4.1% $5.80 per meal 8 10 (ix) Authorised Supervisor $14.55 per week 3.5% $15.05 per week

3. This variation shall take effect from the beginning of the first full pay period to commence on or after

28 August 2004.

I. W. CAMBRIDGE, Commissioner.


- 895 -


CLERICAL AND ADMINISTRATIVE EMPLOYEES, HIRE CARS AND

TAXIS (STATE) AWARD


Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, industrial organisation of employees.

(No. IRC 3412 of 2004)


VARIATION 1. Delete subclause (x) of clause 9, Classification Structure and Wages, of the award published 4 August

2000 (317 I.G. 665) and insert in lieu thereof the following: (x) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These


(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. 2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages The following minimum rates of wages shall take effect from 2 July 2004. (i) Adults

Grade Weekly Rate Pre SWC 2004 SWC 2004 Weekly Rate $ $ $

1 487.60 19.00 506.60 2 508.50 19.00 527.50 3 542.20 19.00 561.20


- 896 -

4 583.90 19.00 602.90 5 644.50 19.00 663.50

Provided that no employee employed as at 11 August 1997 is to receive less pay as a result of regrading under this award. In the event that such regrading results in a lower grading, the present wage rate is to be maintained until overtaken by award increases. Note: See clause 11, Payment of Wages, for appropriate grading. Radio Room Employees:

See clause 11 to establish the appropriate grade. The elements in clause 11 are to ensure that the appropriate grade is arrived at. The new grading structure incorporates the previous telephonist and radio operator loadings. The new grading structure also incorporates the supervisory and responsibility allowances that were paid under the previous award.

(ii) Juniors

(a) Equivalent to Grade 3 or above

Age Weekly Rate SWC 2004 Weekly Rate Pre SWC 2004 $ % $

At 17 years of age 258.00 3.5 267.05 At 18 years of age 318.80 3.5 329.95 At 19 years of age 364.40 3.5 377.15 At 20 years of age 430.20 3.5 445.25


Age Weekly Rate SWC 2004 Weekly Rate Pre SWC 2004 $ % $ Under 17 years of age 193.65 3.5 200.45 At 17 years of age 242.40 3.5 250.90 At 18 years of age 297.15 3.5 307.55 At 19 years of age 336.95 3.5 348.75 At 20 years of age 396.50 3.5 410.40


Item No. Clause No. Brief Description Amount

$ 1 8(i)(a) Shifts rotating day, afternoon, night 34.05 per week 2 8(i)(b) Shifts rotating day, afternoon 34.05 per week 3 8(i)(c) Shifts rotating day, day, afternoon 34.05 per week 4 8(i)(d) Shifts rotating day, day, night 34.05 per week 5 8(i)(e) Shifts rotating day, night 37.60 per week 6 8(i)(f) Shift clerks working on a weekly shift system - Night, afternoon 43.25 per week Night only 43.25 per week Afternoon only 43.25 per week Early morning shift 43.25 per week


- 897 -

7 8(i)(g) Any other combination of shifts 9.70 per shift 8 12(iii)(b) Meal allowance for overtime worked - 2 hours or more 11.10 After a further 4 hours 11.10

9 28(i) First-aid Allowance 8.65 3. This variation shall take effect from the first full pay period to commence on or after 2 July 2004.




- 898 -

(135) SERIAL C3285

CLERICAL AND ADMINISTRATIVE EMPLOYEES (STATE) AWARD



(No. IRC 3393 of 2004)


VARIATION 1. Delete subclause 5.3 of clause 5, Classification Structure and Wages, of the award published 14

February 1997 (296 I.G. 619), and insert in lieu thereof the following: (v) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These




PART B

MONETARY RATES

Table 1 - Wages The following minimum rates of wages shall take effect from 2 July 2004. (i) Adults

Grade Weekly Rate SWC 2004 Weekly Rate Pre SWC 2004 $ $ $

1 487.60 19.00 506.60 2 508.50 19.00 527.50 3 542.20 19.00 561.20 4 583.90 19.00 602.90 5 644.50 19.00 663.50


- 899 -

(ii) Provided that:

(a) No employee employed as at 25 October 1996 is to receive less pay a result of regrading under this award. In the event that such regrading results in a lower grading, the present salary is to be maintained until overtaken by award increases.

(b) Over-award payments may be absorbed into any increase arising under this award.

(iii) Juniors

The minimum rates of wages per week for junior employees shall be as follows:

(a) Equivalent to Grade 3 or above

Age Weekly Rate SWC 2004 Weekly Rate Pre SWC 2004 $ % $ At 17 years of age 258.00 3.5 267.05 At 18 years of age 318.80 3.5 329.95 At 19 years of age 364.40 3.5 377.15 At 20 years of age 430.20 3.5 445.25


Age Weekly Rate SWC 2004 Weekly Rate

Pre SWC 2004 $ % $ Under 17 years of age 193.65 3.5 200.45 At 17 years of age 242.40 3.5 250.90 At 18 years of age 297.15 3.5 307.55 At 19 years of age 336.95 3.5 348.75 At 20 years of age 396.50 3.5 410.40

(iv) Telephone Canvassers Classification Weekly Rate SWC 2004 Weekly Rate Hourly Rate Hourly Rate Pre SWC Full-time Part-time Casual 2004 (weekly rate (weekly rate divided by 38) divided by 38 plus 20% loading) $ $ $ $ $ Telephone Canvasser 465.10 19.00 484.10 12.75 15.30

Table 2 - Other Rates And Allowances


1 5.1(x)(a) Saturday Loadings: Adults 14.50 per week Employees under 21 years of age 9.80 per week 2 7(iii)(b) Meal Money (Shift Work) 10.55 3 12(iii)(a) and (b) Meal Allowance (Overtime) 10.55


- 900 -

4 16(iii) Own Car Allowance: For a vehicle 1,500 cc and under 82.40 per week For a vehicle over 1,500 cc 101.90 per week 5 16(iv) Own Car Allowance: For use on a casual or incidental basis 0.56 per km 6 18 First-aid Allowance 8.65 per week

3. This variation shall take effect from the first full pay period to commence on or after 2 July 2004.




- 901 -

(027) SERIAL C3199

CLERICAL INDUSTRY (STATE) TRAINING WAGE AWARD



(No. IRC 4993 of 2004)


VARIATION 1. Delete subclause (d) of clause 7, Wages, of the award published 9 February 2001 (322 I.G. 6) and insert

in lieu thereof the following: (d) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These



rates adjustments. 2. Delete subparagraph 7(k)(ii)(b) of clause 7, Wages, and insert in lieu thereof the following:

(b) An adult trainee who is undertaking a traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications.

Industry/Skill Level First Year of Traineeship Second Year of Traineeship

$ $ Industry/Skill Level A 456.00 473.00 Industry/Skill Level B 437.00 454.00 Industry/Skill Level C 390.00 405.00

3. Delete Part B, Monetary Rates, and insert in lieu the following:

PART B

MONETARY RATES

Table 1 - Weekly Rates - Industry/Skill Level A


- 902 -

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

Highest year of schooling Year 10 Year 11 Year 12 $ $ $ School leaver 215.00 235.00 284.00 Plus 1 year out of school 235.00 284.00 330.00 Plus 2 years 284.00 330.00 384.00 Plus 3 years 330.00 384.00 439.00 Plus 4 years 384.00 439.00

Plus 5 years or more 439.00

The average proportion of time spent in Structured Training which has to be taken into account in setting the above rates is 20 per cent.

Table 2 - Weekly Rates - Industry/Skill Level B Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.

Highest year of schooling Year 10 Year 11 Year 12 $ $ $ School leaver 215.00 235.00 274.00 Plus 1 year out of school 235.00 274.00 315.00 Plus 2 years 274.00 315.00 370.00 Plus 3 years 315.00 370.00 421.00 Plus 4 years 370.00 421.00 Plus 5 years or more 421.00

The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.

Table 3 - Weekly Rates - Industry/Skill Level C Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.

Highest year of schooling completed Year 10 Year 11 Year 12 $ $ $ School leaver 215.00 235.00 268.00 Plus 1 year out of school 235.00 268.00 301.00 Plus 2 years 268.00 301.00 337.00 Plus 3 years 301.00 337.00 376.00 Plus 4 years 337.00 376.00 Plus 5 years or more 376.00

The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.

Table 4 - School-Based Traineeships


- 903 -

Year of Schooling Year 11 Year 12 $ $ School-based Traineeships Skill Levels A, B and C 215.00 235.00

The average proportion of time spent in Structured Training which has been taken into account in setting the rates is 20 per cent.

Table 5 - Hourly Rates for Trainees who Have Left School

Year 10 Year 11 Year 12 $ $ Industry/Skill Level A School leaver 7.07 7.73 9.34 1 year after leaving school 7.73 9.34 10.86 2 years + 9.34 10.86 12.63 3 years + 10.86 12.63 14.44 4 years + 12.63 14.44 5 years + 14.44 Industry/Skill Level B School leaver 7.07 7.73 9.01 1 year after leaving school 7.73 9.01 10.36 2 years + 9.01 10.36 12.17 3 years + 10.36 12.17 13.85 4 years + 12.17 13.85 5 years + 13.85 Industry/Skill Level C School leaver 7.07 7.73 8.82 1 year after leaving school 7.73 8.82 9.90 2 years + 8.82 9.90 11.09 3 years + 9.90 11.09 12.37 4 years + 11.09 12.37 5 years + 12.37

Table 6 - Hourly Rates for School-Based Traineeships

Year of schooling Year 11 Year 12 $ $ Skills Levels A, B and C 7.07 7.73

4. This variation shall take effect from the first full pay period to commence on or after 31 August 2004.


____________________


- 904 -


SCHOOL SUPPORT STAFF (CATHOLIC SCHOOLS) (STATE)

TRAINING WAGES AWARD 2001


Application by New South Wales Independent Education Union, industrial organisation of employees.

(No. IRC 6247 of 2003)

Before The Honourable Justice Schmidt 6 November 2003

VARIATION 1. Delete subclause (d) of clause 7, Wages, of the award published 10 August 2001 (326 I.G. 893) and

insert the following in lieu thereof:

(d) The rates of pay in this award include adjustments payable under the State Wage Case 2003. These adjustments may be off set against:

(i) any equivalent overaward payments, and/or (ii) award increases since 29 May 1991 other than safety net State Wage Case and minimum

rates adjustments. 2. Delete Part B Monetary Rates and insert the following in lieu thereof:

PART B

MONETARY RATES

Table 1 - Weekly Rates - Industry Skill Level A Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

Highest year of schooling completed Year 10 Year 11 Year 12 $ $ $ School leaver 207.00 227.00 274.00 Plus 1 year out of school 227.00 274.00 319.00 Plus 2 years 274.00 319.00 371.00 Plus 3 years 319.00 371.00 424.00 Plus 4 years 371.00 424.00 424.00


- 905 -

Plus 5 years or more 424.00 424.00 424.00 The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.

Table 2 - Weekly Rates - School-Based Traineeships

Year of Schooling Year 11 Year 12 $ $ School based Traineeships Skill Level A 207.00 227.00

The average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

Table 3 - Hourly Rates for Trainees Who Have Left School

Skill Level A Year 10 Year 11 Year 12 $ $ $ School leaver 6.81 7.47 9.01 1 year after leaving school 7.47 9.01 10.49 2 years + 9.01 10.49 12.20 3 years + 10.49 12.20 13.95 4 years + 12.20 13.95 13.95 5 years + 13.95 13.95 13.95

Table 4 - Hourly Rates for School-Based Traineeships

Year of schooling Year 11 Year 12 $ $ Skills level A 6.81 7.47

3. This variation shall take effect from the first full pay period on or after 6 November 2003 and remain in

force for 12 months

M. SCHMIDT J.



- 906 -

(336) SERIAL C2962

FRICTION MATERIALS, &c., MANUFACTURE (STATE) AWARD



(No. IRC 3850 of 2004)


VARIATION 1. Delete subclauses (i) and (iv) of clause 5, Wages, of the award published 25 July 2003 (340 I.G. 646),

and insert the following:

(i) Adult Employees: The following minimum rates of pay shall be paid:

Grade Rate per Week $

Level 1 505.60 Level 2 510.60 Level 3 515.60 Level 4 523.60 Level 5 535.60 Level 6 548.00 Level 7 565.00 Chargehand 572.00 Senior Chargehand 605.00

(iv) The rates of pay in this award include the adjustments payable under the State Wage Case 2004.

These adjustments may 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 subclause (i), (ii), (iii) and (iv) of clause 8, Allowances and insert in lieu thereof the following:

(i) First Aid Allowance: An employee appointed to act as a first aid attendant in addition to normal duties shall be paid an additional allowance of $2.48 per day or shift.


- 907 -

(ii) Boiler Attendant Certificate: An employee required to hold a Boiler Attendants Certificate shall be paid an additional $14.57 per week.

(iii) All employees engaged in the periodic cleaning of the dust collection filtration plant shall be paid

68 cents per hour extra whilst so engaged. (iv) All employees engaged in handling pigmented oxide shall be paid 34 cents per hour extra whilst

so employed. 3. Delete clause 11, Shift Work Allowance for Shiftworkers and insert in lieu thereof the following:

11. Shiftwork Allowance for Shiftworkers (i) Adult shift workers on afternoon shift shall be paid $17.38 per shift and on night shift $19.85 in

addition to the rates payable under this award, (ii) Adult shift workers who do not work day shift in regular rotation or who work permanent afternoon or

night shift, shall in addition to the rates prescribed in subclause (i) of this clause be paid $4.35 for afternoon shift and $9.93 for night shift over and above the relevant rotating shift rate specified in subclause (i).

4. Delete subclause (v) of clause 14, Meal Times, Meal Allowances and Crib Breaks and insert in lieu


(v) An employee required to work overtime of two hours or more before or after the usual ceasing time shall be paid $6.78 for the first meal and $6.29 for each subsequent meal which will apply after every additional four hours overtime unless suitable meals are provided by the employer. Should an employee be notified of the intention to work overtime and then not be called upon to do so, the employee shall be paid the sum of $6.78.


July 2004.

T. M. KAVANAGH J.



- 908 -

(525) SERIAL C3130

PHOTOGRAPHIC INDUSTRY (STATE) AWARD


Application by Australian Liquor, Hospitality And Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 4310 of 2004)

Before The Honourable Justice Marks 9 August 2004

VARIATION 1. Delete subclause (i) of clause 4, Wages, of the award published 25 January 2001 (321 I.G. 1060) and

insert in lieu thereof the following: (i) The minimum rates of pay for weekly employees in the classifications prescribed in this award shall be

set out in Table 1 - Wages, of Part B, Monetary Rates. The rates for allowances shall be as set out in Tables 2 - Allowances, of the said Part B.

Junior Employees - The minimum rate of pay for junior employees, wherever employed, shall be calculated by reference to the percentages of the total rates provided for adult employees as set out in the said Table 1. The rates of pay in this award include the adjustments payable under the State Wage Case of May 2004. These adjustments may be offset against:



PART B

MONETARY RATES

Table 1 - Wages

Classification Former SWC Rate Rate 2004 per week $ $ $


- 909 -

Section A - Portrait, Advertising and Commercial Studios Photographer 504.60 19.00 523.60 Retoucher 494.30 19.00 513.30 Artist 494.30 19.00 513.30 Photographer’s Assistant 486.80 19.00 505.80 Collector 486.80 19.00 505.80 Clerk/Receptionist 481.90 19.00 500.90 Employees not elsewhere classified - First three months 465.40 19.00 484.40 Thereafter 481.90 19.00 500.90

Section B - Developing, Printing and Finishing Establishments (other than mini-labs) Group 1 - Colour Filter Determinator Custom Colour Enlargement Printer Colour Printer Controller Microfilm Service Operator 528.70 19.00 547.70 Group 2 - Rack and Tank Colour Film Processor Colour Enlargement Printer Colour Quality Corrector Kit Mixing Operator Colour Printer Operator Microfilm Continuous Processing Operator 513.50 19.00 532.50 Group 3 - Rack and Tank Black and White Film Processor Black and White Enlargement Printer Black and White Printer Operator X-ray, Sheet Film and Sensitised Paper Finisher 496.90 19.00 515.90 Group 4 - Microfilm Operator Clerk/Receptionist 481.90 19.00 500.90 Group 5 - Employees not elsewhere classified - First three months 465.40 19.00 484.40 Thereafter 481.90 19.00 500.90 Section C - Mini-labs Amateur Photo Finisher Printing Machine Operator 490.70 19.00 509.70 Employees not elsewhere classified - First three months 465.40 19.00 484.40 Thereafter 481.90 19.00 500.90

Section D - Junior Rates Percentage of Adult Rate of Pay $ At 16 years of age 50 First three months: 484.40 At 17 years of age 60 Thereafter: 500.90 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90


Item Clause Brief Description Amount No. No. $ 1 5(i) Leading hand allowance 22.40 2 5(ii) TAFE Photography Certificate 12.70


- 910 -

3 5(iv) Excess fares allowance 11.00 per week 2.20 per day

4 5(v) Meal money - 1st meal 11.00 5 5(v) Meal money - 2nd and subsequent meals 11.00 6 5(vi) Locomotion allowance - standing charge - vehicles up to 2 litres (2,000cc) 207.30

7 5(vi) Locomotion allowance - running charge - vehicles up to 2 litres (2,000cc) 0.27

8 5(vi) Locomotion allowance - standing charge - vehicles over 2 litres (2,000cc) 246.00

9 5(vi) Locomotion allowance - running charge - vehicles up to 2 litres (2,000cc) 0.32

10 5(vi) Kilometre allowance - vehicles up to 2 litres (2,000cc) 0.45 11 5(vi) Kilometre allowance - vehicle over 2 litres (2,000cc) 0.54 12 5(vii) First-aid allowance 12.20


November 2004.

F. MARKS J.



- 911 -

(964) SERIAL C3166

AGED CARE GENERAL SERVICES (STATE) AWARD



(No. IRC 4178 of 2004)


VARIATION 1. Delete subclause (iii) of clause 3,Wages of the award published 10 November 2000 (320 I.G. 1 ), and


(iii) The rates of pay in this award include the adjustments payable under the State Wage Cases 2004. These adjustments may be offset against:

(a) any equivalent over-award payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustment. 2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES


Current Rate SWC 2004 Wage Rate as $/week Adjustment from 1.10.2004 $/week $/week Administrative Services Clerk (under 18 years of age) 308.10 3.5% 318.90 Clerk - Grade 1 (18 years of age and over) 1st year of service 492.30 19.00 511.30 2nd year of service 505.60 19.00 524.60 3rd year of service 517.70 19.00 536.70 4th year of service 527.70 19.00 546.70 5th year of service and thereafter 537.70 19.00 556.70 Clerk - Grade2


- 912 -

1st year of service 554.30 19.00 573.30 2nd year of service and thereafter 569.30 19.00 588.30 Clerk - Grade 3 1st year of service 584.60 19.00 603.60 2nd year of service and thereafter 597.90 19.00 616.90 Clerk - Grade 4 1st year of service 610.70 19.00 629.70 2nd year of service and thereafter 622.50 19.00 641.50 Clerk - Grade 5 1st year of service 638.10 19.00 657.10 2nd year of service and thereafter 650.60 19.00 669.60

Provided that employees under the age of 18 who are substantially engaged in stenographic duties or as a comptometer or ledger posting machine operator shall be paid a weekly allowance as part of wages of the amount set out in Item 13 of Table 2 of this award.

Personal Care Services $ $ $ Personal Care Assistant Grade 1 498.00 19.00 517.00 Grade 2 509.10 19.00 528.10 Hostel Supervisor Grade 1 - less than 50 beds 554.30 19.00 573.30 Grade 2 - 50 but less than 75 beds 569.40 19.00 588.40 Grade 3 - 75 but less than 100 beds 584.60 19.00 603.60 Grade 4 - 100 beds and over 597.40 19.00 616.40 Wardsperson 1st year of service 520.60 19.00 539.60 2nd year of service and thereafter 523.70 19.00 542.70 Recreation Activities Officer 1st year of experience 536.80 19.00 555.80 2nd year of experience 548.30 19.00 567.30 3rd year of experience and thereafter 556.00 19.00 575.00 Diversional Therapist 1st year of experience 532.00 19.00 551.00 2nd year of experience 558.30 19.00 577.30 3rd year of experience 582.20 19.00 601.20 4th year of experience 604.20 19.00 623.20 5th year of experience and thereafter 627.20 19.00 646.20 General Services General Services Officer Grade 1 Junior 414.10 3.5% 428.60 Adult 498.00 19.00 517.00 General Services Officer - Grade 2 509.10 19.00 528.10 General Services Officer - Grade 3 517.50 19.00 536.50 General Services Officer - Grade 4 1st year of service 528.90 19.00 547.90 2nd year of service 536.80 19.00 555.80 3rd year of service and thereafter 548.30 19.00 567.30 Food Services Cook - Grade A 542.20 19.00 561.20 Cook - Grade B 530.40 19.00 549.40 Chef 1st year of service 560.10 19.00 579.10 2nd year of service and thereafter 569.70 19.00 588.70 Catering Officer 1st year of service 602.10 19.00 621.10 2nd year of service and thereafter 610.30 19.00 629.30


- 913 -

Accommodation Services Housekeeper 1st year of service 528.10 19.00 547.10 2nd year of service 531.10 19.00 550.10 Laundry Foreperson 537.70 19.00 556.70 With Dry Cleaning/laundry certificate 544.60 19.00 563.60 Storekeeper 554.80 19.00 573.80 Support Services Gardener (Qualified) 531.60 19.00 550.60 Gardener (Unqualified) 519.90 19.00 538.90 Head Gardener (Qualified) 572.60 19.00 591.60 Head Gardener (Unqualified) 545.70 19.00 564.70 Motor Vehicle Driver 528.20 19.00 547.20 Motor Vehicle Driver-Trucks and ambulances 534.50 19.00 553.50 Maintenance Supervisor (Tradesman) In charge of staff 681.00 19.00 700.00 Otherwise 639.00 19.00 658.00 Maintenance Supervisor (Non-tradesman) In charge of staff 604.50 19.00 623.50 Otherwise 592.60 19.00 611.60 Apprentices Apprentice Cook 1st year 318.20 60% of Cook B 329.60 2nd year 437.60 82½% of Cook B 453.30 3rd year 490.60 92½% of Cook B 508.20 Apprentice Gardener 50% of 1st year 265.80 Gardener 275.30 (qualified) 60% of 2nd year 319.00 Gardener 330.40 (qualified) 80% of 3rd year 425.30 Gardener 440.50 (qualified) 90% of 4th year 478.40 Gardener 495.50 (qualified)

Table 2 - Other Rates And Allowances

Item No. Clause No. Brief Description Amount from 1.10.2004

1 4 (xi) (c) Broken Shifts $ 6.80 per shift 2 6(iii) Overtime Meals breakfast $ 8.80 lunch $11.40 dinner $16.70

3 7(iii) (b) Overtime Recall - Use of Employees' own vehicle Vehicles over 1600cc 24.5 cents per km Vehicles 1600cc and under 20.5 cents per km

4 10(vi) Apprentices Certificate pass exams $ 1.60 per week Each subsequent year $ 1.60 per week

5 12(i) (a) Driving Allowance where required to drive $ 4.00 per week


- 914 -

more than ten hours in any week, minimum payment $ 4.00

more than four hours in any day or shift, minimum payment $ 4.00 per shift

6 12(ii) (a) Work of a dirty or offensive nature $ 0.37 per hour 7 12(ii) (b) Cleaning of boiler, flue or economiser $ 0.60 per hour 8 12(iv) Nauseous linen $ 0.19 per hour 9 22(i) Climatic and Isolation Allowance $ 4.00 per week 22(ii) Climatic and Isolation Allowance $ 7.60 per week

10 Leading Hand in charge of 2 to 5 employees $ 17.40 per week 23(ii) in charge of 6 to 10 other employees $ 24.40 per week in charge of 11 to 15 other employees $ 30.90 per week in charge of 16 to 19 other employees $ 37.80 per week

11 25(iv) Uniform Allowance $ 1.70 per week 12 25(v) Laundry Allowance $ 1.00 per week 13 Table 1 Stenography Allowance $ 4.80 per week

3. This variation shall take effect from the first pay period to commence on or after 1 October 2004.

R. P. BOLAND J.



- 915 -

(494) SERIAL C3138

LOCAL GOVERNMENT (ELECTRICIANS) STATE AWARD


Application by Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.

(No. IRC 4073 of 2004)


VARIATION 1. Delete Part B, Monetary Rates, of the award published 4 August 2000 (317 I.G. 519) and insert in lieu


PART B

MONETARY RATES

Table 1 - Wage Rates

Rate of pay per week SWC 2004 Total rate of pay $ $ $ Technical/Trades Band Level 1 570.90 19.00 589.90 Technical/Trades Band Level 2 635.50 19.00 654.50 Technical/Trades Band Level 3 738.00 19.00 757.00 Professional Band Level 1 635.50 19.00 654.50 Professional Band Level 2 738.00 19.00 757.00 Professional Band Level 3 836.50 19.00 855.50 Professional Band Level 4 990.30 19.00 1,009.30 Apprentice 1 year 310.60 10.87 321.50 Apprentice 2 year 366.90 12.84 379.70 Apprentice 3 year 421.40 14.75 436.10 Apprentice 4 year 474.50 16.61 491.10

Note: The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may offset against: (i) Any equivalent over-award payments; and/or


- 916 -

(ii) Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustments


Amount $ Clause 8 - Special Allowance (a) Dirty work 0.24 (b) Wet places 0.29 (c) Confined spaces 0.29 (d) Working underground 0.24 (e) Working with raw sewerage 5.42 Clause 9 - Tool Allowance (i) Tools Electrical Tradesperson 22.50 (iv) (b) Compensation for lost tools 56.90 Clause 15 - On Call Allowance (iii) On Call allowance 74.00 Clause 16 - Meal Time Allowance (i) Meal allowance 10.20 (CPI 3.8%) (ii) (a) Meal allowance 10.20 (ii) (b) Meal allowance on overtime 7.80 Clause 25 - Travelling Allowance 3-10km 3.60 10-20km 6.30 20-30km 8.80 30-40km 11.50 40-50km 14.30 Each additional km 0.28 Clause 28 - Driving of Motor Vehicles (ii)(a) Use of private motor vehicle - Under 2.5 litres 0.52 2.5 litres and over 0.60 (b) Minimum yearly allowance 6,787.60 Clause 29 - Industry Allowance 37.30 Clause 32 - Miscellaneous (ii) (a) West of the line allowance 1.03 (iii) First aid allowance 2.16

This variation shall take effect from the first full pay period to commence on or after 8 August 2004.

R. P. BOLAND J.

____________________


- 917 -


THE NORTHCOTT SOCIETY (STATE) AWARD



(No. IRC 4174 of 2004)


VARIATION 1. Delete clause 6A, State Wage Adjustments, of clause 1, Arrangement, of the award published 8

September 2000 (318 I.G. 490), and insert in lieu thereof the following:

6A. State Wage Case Variations 2. Delete clause 6A, State Wage Case Adjustments, and insert in lieu thereof the following:

6A. State Wage Case Variations The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (a) any equivalent over-award payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustment. 3. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES AND ALLOWANCES

Table 1 - Monetary Rates

Note: - Divide Annual figures by 52.1785 to obtain weekly figures Divide weekly figures by 38 to obtain hourly rates.

Classification Current SWC 2004 Wage Rate Rate Adjustment as from


- 918 -

1.7.2004 $ $ $ Clinical Support Worker Year 1 32,629 991 33,620 Year 2 33,576 991 34,567 Year 3 35,285 991 36,276 Year 4 36,981 991 37,972 Year 5 38,799 991 39,790 Year 6 40,501 991 41,492 Year 7 42,306 991 43,297 Year 8 44,377 991 45,368 Year 9 46,105 991 47,096

Community Support Worker Year 1 31,884 991 32,875 (Non-Graduate) Grade 1 Year 2 33,669 991 34,660 Year 3 35,418 991 36,409 Year 4 37,195 991 38,186 Year 5 38,875 991 39,866 Community Support Worker Year 1 40,541 991 41,532 (Non-Graduate) Grade 2 Year 2 42,270 991 43,261 Year 3 44,243 991 45,234 Community Support Worker Year 1 36,793 991 37,784 (Graduate) Grade 1 Year 2 38,473 991 39,464 Year 3 40,666 991 41,657 Year 4 42,738 991 43,729 Year 5 45,181 991 46,172 Year 6 47,140 991 48,131 Year 7 48,999 991 49,990 Year 8 50,654 991 51,645 Year 9 53,028 991 54,019 Community Support Worker (Graduate) Grade 2 55,975 991 56,966 Community Support Worker (Graduate) Grade 3 59,961 991 60,952 Community Support Worker (Graduate) Grade 4 63,016 991 64,007 Community Support Worker (Graduate) Grade 5 66,066 991 67,057 Educator Year 1 37,641 991 38,632 Year 2 39,360 991 40,351 Year 3 41,329 991 42,320 Year 4 43,146 991 44,137 Year 5 45,032 991 46,023 Year 6 47,126 991 48,117 Year 7 48,269 991 49,260 Year 8 49,401 991 50,392 Year 9 51,299 991 52,290 Year 10 53,281 991 54,272 Year 11 54,671 991 55,662 Employment Adviser Year 1 31,884 991 32,875 (Non-Graduate) Grade 1 Year 2 33,669 991 34,660 Year 3 35,418 991 36,409 Year 4 37,195 991 38,186 Year 5 38,875 991 39,866 Employment Adviser Year 1 40,541 991 41,532 (Non-Graduate) Grade 2 Year 2 42,270 991 43,261 Year 3 44,243 991 45,234 Employment Adviser (Graduate) Year 1 36,472 991 37,463 Year 2 38,138 991 39,129 Year 3 40,285 991 41,276 Year 4 42,455 991 43,446 Year 5 44,858 991 45,849


- 919 -

Year 6 47,090 991 48,081 Information Research Officer Year 1 36,069 991 37,060 Year 2 37,460 991 38,451 Year 3 39,235 991 40,226 Year 4 40,965 991 41,956 Year 5 42,742 991 43,733 Year 6 44,741 991 45,732 Year 7 46,558 991 47,549

Living Skills Educator Year 1 34,773 991 35,764 Year 2 36,298 991 37,289 Year 3 37,823 991 38,814 Year 4 39,245 991 40,236 Year 5 40,770 991 41,761 Year 6 42,295 991 43,286 Year 7 43,820 991 44,811 Year 8 45,346 991 46,337 Year 9 46,871 991 47,862 Peer Support Worker Grade 1 Year 1 27,179 991 28,170 Year 2 28,591 991 29,582 Year 3 30,030 991 31,021 Year 4 31,469 991 32,460 Peer Support Worker Grade 2 Year 1 32,908 991 33,899 Year 2 34,347 991 35,338 Year 3 35,786 991 36,777 Year 4 37,225 991 38,216 Year 5 38,664 991 39,655 Peer Support Worker Grade 3 Year 1 39,999 991 40,990 Year 2 41,438 991 42,429 Year 3 42,876 991 43,867 Year 4 44,315 991 45,306 Recreation Worker Year 1 31,884 991 32,875 (Non-Graduate) Grade 1 Year 2 33,669 991 34,660 Year 3 35,418 991 36,409 Year 4 37,195 991 38,186 Year 5 38,875 991 39,866 Recreation Worker Year 1 40,541 991 41,532 (Non-Graduate) Grade 2 Year 2 42,270 991 43,261 Year 3 44,243 991 45,234 Recreation Worker (Graduate) Year 1 36,472 991 37,463 Year 2 38,138 991 39,129 Year 3 40,285 991 41,276 Year 4 42,455 991 43,446 Year 5 44,858 991 45,849 Year 6 47,090 991 48,081 Regional Coordinator Grade 1 49,263 991 50,254 Regional Coordinator Grade 2 51,495 991 52,486 Regional Coordinator Grade 3 53,727 991 54,718 Residential Coordinator Year 1 35,933 991 36,924 Year 2 36,848 991 37,839 Year 3 37,926 991 38,917 Year 4 39,692 991 40,683 Year 5 41,542 991 42,533 Year 6 43,535 991 44,526


- 920 -

Year 7 45,501 991 46,492 Year 8 47,474 991 48,465 Year 9 49,737 991 50,728 Year 10 51,627 991 52,618 Residential Support Worker Year 1 31,482 991 32,473 Year 2 32,081 991 33,072 Year 3 32,669 991 33,660 Year 4 33,384 991 34,375 Year 5 33,964 991 34,955

Service Coordinator/Team Leader Year 1 42,295 991 43,286 Grade 1 Year 2 43,820 991 44,811 Year 3 45,346 991 46,337 Year 4 46,871 991 47,862 Service Coordinator/Team Leader Year 1 47,260 991 48,251 Grade 2 Year 2 49,523 991 50,514 Year 3 51,419 991 52,410 Social Worker Grade 1 Year 1 36,793 991 37,784 Year 2 38,473 991 39,464 Year 3 40,666 991 41,657 Year 4 42,738 991 43,729 Year 5 45,181 991 46,172 Year 6 47,140 991 48,131 Year 7 48,999 991 49,990 Year 8 50,654 991 51,645 Year 9 53,028 991 54,019 Social Worker Grade 2 55,975 991 56,966 Social Worker Grade 3 59,961 991 60,952 Social Worker Grade 4 63,016 991 64,007 Social Worker Grade 5 66,066 991 67,057 Support Worker - Post School Options Year 1 27,375 991 28,366 Grade 1 Year 2 28,798 991 29,789 Year 3 30,249 991 31,240 Year 4 31,699 991 32,690 Support Worker - Post School Options Year 1 33,149 991 34,140 Grade 2 Year 2 34,599 991 35,590 Year 3 36,049 991 37,040 Year 4 37,499 991 38,490 Year 5 38,949 991 39,940 Therapist Grade 1 Year 1 37,474 991 38,465 Year 2 38,812 991 39,803 Year 3 40,977 991 41,968 Year 4 43,678 991 44,669 Year 5 46,583 991 47,574 Year 6 49,433 991 50,424 Year 7 51,744 991 52,735 Therapist Grade 2 53,364 991 54,355 Therapist Grade 3 57,268 991 58,259 Therapist Grade 4 59,126 991 60,117 Orthotist/Prosthetist Grade 1 Year 1 41,689 991 42,680 Year 2 44,025 991 45,016 Year 3 46,166 991 47,157 Year 4 48,496 991 49,487 Orthotist/Prosthetist Grade 2 Year 1 51,088 991 52,079 Year 2 52,864 991 53,855


- 921 -

Year 3 54,251 991 55,242 Technical Officer Grade 1 Year 1 34,293 991 35,284 Year 2 35,047 991 36,038 Year 3 35,764 991 36,755 Year 4 36,544 991 37,535 Year 5 37,272 991 38,263 Year 6 38,555 991 39,546 Year 7 39,612 991 40,603 Year 8 40,625 991 41,616

Technical Officer Grade 2 43,217 991 44,208 Technical Officer Grade 3 44,609 991 45,600 Technical Officer Grade 4 46,002 991 46,993 Technical Officer Grade 5 48,724 991 49,715 Administrative Officers Grade 1 Year 1 27,458 991 28,449 Year 2 28,909 991 29,900 Year 3 30,360 991 31,351 Year 4 31,810 991 32,801 Administrative Officers Grade 2 Year 1 33,360 991 34,351 Year 2 34,960 991 35,951 Year 3 36,560 991 37,551 Year 4 38,159 991 39,150 Administrative Officers Grade 3 Year 1 39,916 991 40,907 Year 2 41,540 991 42,531 Year 3 43,164 991 44,155 Year 4 44,789 991 45,780 Administrative Officers Grade 4 Year 1 46,463 991 47,454 Year 2 48,137 991 49,128 Year 3 49,811 991 50,802 Year 4 51,485 991 52,476 Fundraiser Grade 1 Year 1 36,547 991 37,538 Year 2 38,407 991 39,398 Year 3 40,164 991 41,155 Fundraiser Grade 2 Year 1 42,644 991 43,635 Year 2 44,876 991 45,867 Year 3 47,108 991 48,099 Fundraiser Grade 3 Year 1 49,588 991 50,579 Year 2 52,068 991 53,059 Year 3 54,548 991 55,539 Communications Officer Grade 1 Year 1 36,547 991 37,538 Year 2 38,407 991 39,398 Year 3 40,164 991 41,155 Communications Officer Grade 2 Year 1 42,644 991 43,635 Year 2 44,876 991 45,867 Year 3 47,108 991 48,099 Communications Officer Grade 3 Year 1 49,588 991 50,579 Year 2 52,068 991 53,059 Year 3 54,548 991 55,539 General Service Officers Grade 1 Year 1 28,911 991 29,902 Year 2 30,387 991 31,378 Year 3 31,862 991 32,853 Year 4 33,338 991 34,329 General Service Officers Grade 2 Year 1 35,012 991 36,003 Year 2 36,637 991 37,628 Year 3 38,261 991 39,252


- 922 -

Year 4 39,782 991 40,773


Allowances Current SWC 2004 Allowance Allowance Adjustment as from 1.7.2004

$ $ $ Therapists required to supervise student per day/shift 4.40 3.5% 4.60 placements Sleepovers (clause 24(C)) per shift 49.10 3.5% 50.80

3. This variation shall take effect from 16 July 2004. However, by administrative action the rates of pay

detailed herein became effective from 1 July 2004.

R. P. BOLAND J.



- 923 -

(1166) SERIAL C3162

THE RICHMOND FELLOWSHIP OF NEW SOUTH WALES (STATE)

AWARD 1999



(No. IRC 4173 of 2004)


VARIATION 1. Delete clause 7A, State Wage Case Adjustments, of the award published 14 April 2000 (314 I.G. 1055)


7A. State Wage Case Adjustments The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (a) any equivalent over-award payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustment. 2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES (Annual amounts may be calculated by multiplying the weekly rate by 52.17857)

Classification Current Rate SWC 2004 Wage Rate per week Adjustment as from 14.8.04 per week per week $ $ $

Team Leader/House Co-ordinator 948.10 19.00 967.10 Residential Support Worker Year 1 584.30 19.00 603.30 Year 2 593.60 19.00 612.60 Year 3 607.60 19.00 626.60 Year 4 618.80 19.00 637.80


- 924 -

Year 5 629.40 19.00 648.40 Year 6 647.20 19.00 666.20 Year 7 668.30 19.00 687.30 Year 8 704.10 19.00 723.10 Year 9 734.40 19.00 753.40 Year 10 757.20 19.00 776.20

Residential Care Worker Year 1 629.40 19.00 648.40 Year 2 647.20 19.00 666.20 Year 3 668.30 19.00 687.30 Year 4 704.10 19.00 723.10 Year 5 734.40 19.00 753.40 Year 6 757.20 19.00 776.20 Year 7 804.40 19.00 823.40 Year 8 863.80 19.00 882.80 Year 9 879.40 19.00 898.40 Year 10 912.70 19.00 931.70 Administrative Assistant Grade 1 1st year 508.60 19.00 527.60 2nd year 528.20 19.00 547.20 3rd year 549.00 19.00 568.00 4th year 561.50 19.00 580.50 5th year and thereafter 574.10 19.00 593.10 Grade 2 1st year 701.10 19.00 720.10 2nd year 716.90 19.00 735.90 3rd year 738.80 19.00 757.80 4th year 755.90 19.00 774.90 Handyman 542.30 19.00 561.30

3. This variation shall take effect from the first pay period to commence on or after 14 August 2004.

R. P. BOLAND J.



- 925 -

(4183) SERIAL C3442

GRADUATE - AT - LAW (STATE) AWARD



(No. IRC 4237 of 2004)

Before Commissioner Murphy 6 August 2004

VARIATION 1. Delete subclause (ii) of clause 3, Salary, of the award published 16 June 2000 (316 I.G. 552) and insert


The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:


rates adjustments. 2. Delete Table 1 - Wages, of Part B, Monetary Rates, and insert in lieu thereof the following:

Table 1 - Wages

Classification Former Amount per annum SWC 2004 per annum Total Rate per annum $ $ $

Graduate-at-Law 24,485.10 991.80 25,476.90 (19.00 per week x 52.2 weeks)





- 926 -

(159) SERIAL C3256

COMMERCIAL TRAVELLERS, &c. (STATE) AWARD


Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.

(No. IRC 4103 of 2004)


VARIATION 1. Delete subclause (b) of clause 51, Arbitrated Safety Net Adjustments of the award published 9

November 2001 (329 I.G. 329), and insert in lieu thereof the following:


(i) any equivalent overaward payments; and/or (ii) award wage increases since 29 May 1991 other than Safety Net, State Wage Case, and


PART B

MONETARY RATES

Table 1 - Remuneration Part 1 - Local Employees

Classification Former Award Rate Minimum Award Wage Rate Per Week Per Week 24 August 2003 24 August 2004 $ $

Local Employee 530.70 549.70 Local Wholesale Merchandiser 489.90 508.90

Part II - Country Employees

Classification Former Award Rate Minimum Award Wage Rate Per Week Per Week


- 927 -

24 August 2003 24 August 2004 $ $

Country Employee 564.50 583.50 Country Wholesale Merchandiser 519.60 538.60


Item Clause Amount Amount from No. No. 1st pay period

Brief Description commencing 24 August 2003 24 August 2004

$ $ 1. 12(i)(a) Locomotion Allowance - Local Employees up to2,000 cc: standing 185.55 per week 185.55 per week charge allowance weekly amount 20.45 cents per km 20.45 cents per km

2. 12(i)(b) Locomotion Allowance - Local Employees over2,000 cc: standing 204.70 per week 204.70 per week charge allowance weekly amount 0.22 per km 0.22 per km

3. 12(ix) Employee required to provide station wagon/tow a trailer or caravan 5.15 per week 5.35 per week

4. 12(xiv) Wholesale part- time/casual merchandiser 51.2 cents per km 51.2 cents per km

5. 12(xv) Part-time Local employees/vehicle related expenses (private vehicles) 43.9 cents per km 43.9 cents per km

6. 12 Part B Standing Charge Air-conditioning 3.35 per week 3.45 per week (ii) Allowance - employee provides vehicle fitted with air- conditioning

unit

7. 12 Part B Dry cleaning and Laundry Allowance 4.60 per week 4.75 per week (iii)

8. 16(i)(a) Locomotion Allowance - Country Employees up to2,000 cc: standing 192.35 per week 192.35 per week charge allowance weekly amount 20.45 cents per km 20.45 cents per km

9. 16(i)(b) Locomotion Allowance - Country Employees over2,000 cc: standing 206.75 per week 206.75 per week charge allowance weekly amount 0.22 per km 0.22 per km

10. 16(ix) Employees required to provide station 5.95 per week 6.15 per week wagon/tow a trailer or caravan

11. 16(xiv) Wholesale part- time/casual 51.2 cents per km 51.2 cents per km merchandiser shall be paid for use of his/her motor vehicle

12. 16(xv) Part-time Country Employees/vehicle 43.9 cents per km 43.9 cents per km related expenses (private vehicles)

13. 16, Part B Standing Charge Air-conditioning 3.45 per week 3.55 per week (ii) Allowance

14. 16, Part B Dry Cleaning and Laundry Allowance 1.70 per week 1.75 per week (iii)

3. This variation shall take effect from the first pay period commencing on or after 24 August 2004.



- 928 -


POULTRY INDUSTRY PREPARATION (STATE) AWARD


Applications by The Australasian Meat Industry Employees' Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 6608 of 2003)

Before The Honourable Justice Staunton 25 November 2003

VARIATION 1. Delete subclause 13.2 of clause 13, Wages, of the award published 14 June 2002 (344 I.G. 322) and

insert in lieu thereof the following: 13.2 The rates of pay in this award include the arbitrated safety net adjustment payable under the State Wage

Case 2003. These adjustments may be offset against:

any equivalent over-award payments; and/or award increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.


PART B

MONETARY RATES

Table 1 - Wages

Skill Level Minimum Rate per Week $

Leading Hand - Large Group 31.37 Leading Hand - Small Group 18.80 Level 1 467.60 Level 2 484.30 Level 3 492.90 Level 4 501.00 Level 5 509.30 Level 6 542.20



- 929 -

Item Clause Brief Description Amount No. No. $ 1 14.1 Operate forklift 3.04 per day 2 14.2 Operate crane and hoist 6.36 per day 3 14.3 Hanging live poultry 0.33 per hour 4 14.4 Laundry Allowance 2.33 per day 5 14.5.3 Up to and including 2000cc 0.38 Over 2000cc 0.44

6 14.5.4 Required to provide motor car 78.55 per week Required to provide motor car if part-time or casual 15.45 per day used For each km travelled 0.26 per km

7 14.7 Below 4 degrees 0.14 per hour Below minus 16 degrees 0.39 per hour Below minus 18 degrees 0.71 per hour Below minus 20 degrees 1.07 per hour

8 14.8 Location Allowance 0.71 per hour 9 9.2.1 Meal Allowance 7.93

3. This variation will operate from the first pay period on or after 28 January 2004.

P. J. STAUNTON J.



- 930 -

(374) SERIAL C3168

NURSING HOMES PROFESSIONAL EMPLOYEES (STATE) AWARD



(No. IRC 4179 of 2004)


VARIATION 1. Delete subclause 30.1 of clause 30, State Wage Case Adjustments, of the award published 19 January

2001 (321 I.G. 692) and insert in lieu thereof the following: 30.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These




PART B

MONETARY RATES

Table 1 - Salaries

Classification Current Rate SWC 2004 Wage Rate per week Adjustment as from 1.11.04 per week per week $ $ $ Nurse Counsellor 1st year of scale 598.50 19.00 617.50 2nd year of scale 621.40 19.00 640.40 3rd year of scale 652.70 19.00 671.70 4th year of scale 680.90 19.00 699.90 5th year of scale 714.00 19.00 733.00 6th year of scale 740.00 19.00 759.00 7th year of scale 764.00 19.00 783.00 8th year of scale 786.40 19.00 805.40 9th year of scale & thereafter 816.70 19.00 835.70 Dietician 1st year of scale 626.00 19.00 645.00


- 931 -

2nd year of scale 656.80 19.00 675.80 3rd year of scale 693.60 19.00 712.60 4th year of scale 733.10 19.00 752.10 5th year of scale 769.90 19.00 788.90 6th year of scale 799.30 19.00 818.30 7th year of scale 821.30 19.00 840.30

Grade 1 1st year of scale 874.40 19.00 893.40 2nd year of scale 899.70 19.00 918.70 Physiotherapist, Occupational Therapist, Music Therapist, Speech Pathologist 1st year of scale 607.80 19.00 626.80 2nd year of scale 626.00 19.00 645.00 3rd year of scale 656.80 19.00 675.80 4th year of scale 693.60 19.00 712.60 5th year of scale 733.10 19.00 752.10 6th year of scale 769.90 19.00 788.90 7th year of scale 799.30 19.00 818.30 8th year of scale & thereafter 821.30 19.00 840.30 Welfare Officers (State) 1st year of scale 531.70 19.00 550.70 2nd year of scale 558.10 19.00 577.10 3rd year of scale 581.80 19.00 600.80 4th year of scale 603.90 19.00 622.90 5th year of scale 653.80 19.00 672.80 Adults - Grade 2 1st year of scale 650.90 19.00 669.90 2nd year of scale 674.30 19.00 693.30 Social Workers 1st year of scale 598.50 19.00 617.50 2nd year of scale 621.40 19.00 640.40 3rd year of scale 652.70 19.00 671.70 4th year of scale 680.90 19.00 699.90 5th year of scale 714.00 19.00 733.00 6th year of scale 740.60 19.00 759.60 7th year of scale 764.00 19.00 783.00 8th year of scale 786.40 19.00 805.40 9th year of scale & thereafter 816.70 19.00 835.70


Item Clause Allowance Amount as from No. No. 1.11.04

$ 1 3.3 Therapist in Charge 102.20 p/wk 2 6.2 Meal Allowance: - for breakfast when commencing overtime work at or before 6.00 am 8.60 - for an evening meal when overtime is worked for at least one hour immediately following their normal ceasing time, exclusive of any meal break and extends beyond or is worked wholly after 7.00 pm 16.40 - for luncheon when overtime extends beyond 2.00 pm on Saturdays, Sundays or holidays. 11.10

3 20 Uniform Allowance: 20.3 - in lieu of supplying uniforms 1.70 p/wk


- 932 -

20.4 - in lieu of laundering 0.95 p/wk

4 21 Mileage Allowance: Motor Car - First 8,000 kilometres per year 1,600 cc and over 0.526 p/km Under 1600 cc 0.376 p/km - Over 8,000 kilometres per year 1,600 cc and over 0.187 p/km Under 1600 cc 0.157 p/km Motor Cycle 0.248 p/km

3. This variation shall take effect from the first pay period to commence on or after 1 November 2004.

R. P. BOLAND J.



- 933 -

(155) SERIAL C3198

CLERICAL AND ADMINISTRATIVE EMPLOYEES IN TEMPORARY

EMPLOYMENT SERVICES (STATE) AWARD



(No. IRC 4898 of 2004)


VARIATION 1. Delete clause 10, Arbitrated Safety Net Adjustment, of the award published 10 November 2000 (320

I.G. 56) and insert in lieu thereof the following: The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (i) any equivalent over-award payments; and/or (ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates

adjustments. 2. Delete the amount of $692.00 appearing in subclause (i) of clause 25, Exemptions, and insert in lieu


$714.00 3. Delete Part B, Monetary Rates, and insert in lieu the following:

PART B

MONETARY RATES

Table 1 - Rates of Pay The following minimum rates shall take effect from the beginning of the first full pay period to commence on or after 26 August 2004: (i) Adult Rates

Grade Former SWC Weekly Part-time Hourly Weekly 2004 Rate per Hour + 15% Rate + Annual + Annual Leave 9% Leave (1/12)


- 934 -

$ $ $ $ $ 4 583.90 19.00 602.90 17.30 19.75 3 542.20 19.00 561.20 16.10 18.40 2 508.50 19.00 527.50 15.15 17.30 1 487.60 19.00 506.60 14.55 16.60

(ii) Junior Rates

Age Former SWC Weekly Part-time Hourly Weekly 2004 Rate per Hour + 15% Rate + Annual + Annual Leave 9% Leave (1/12) $ % $ $ $

Under 17 years of age 193.65 3.5 200.45 5.75 6.55 At 17 years of age 242.40 3.5 250.90 7.20 8.25 At 18 years of age 297.15 3.5 307.55 8.80 10.10 At 19 years of age 336.95 3.5 348.75 10.00 11.45 At 20 years of age 396.50 3.5 410.40 11.75 13.45

(iii) Junior Rates - Equivalent to Grade 3 or above

Age Former SWC Weekly Part-time Hourly Weekly 2004 Rate per Hour + 15% Rate + Annual + Annual Leave 9% Leave (1/12) $ % $ $ $ At 17 years of age 258.00 3.5 267.05 7.65 8.75 At 18 years of age 318.80 3.5 329.95 9.45 10.80 At 19 years of age 364.40 3.5 377.15 10.80 12.35 At 20 years of age 430.20 3.5 445.25 12.75 14.60



$ 1 7(iii)(b) Shift workers meal allowance - beyond 1 hour 10.55 2 7(iii)(b) Shift workers meal allowance - beyond 5 hours 10.55 3 12(iii)(a) Overtime meal allowance - after 6.00 p.m. 10.55 4 12(iii)(b) Overtime meal allowance - after 10.00 p.m. 10.55 5 20(iv) Travelling expenses - vehicles 1500cc and under 82.40 6 20(iv) Travelling expenses - vehicles over 1500cc 101.90 7 20(v) Use of motor car on casual/incidental basis 0.56 8 30(i) First-aid allowance 8.75





- 935 -

(538) SERIAL C3158

PLASTIC MOULDING, &c. (STATE) AWARD



(No. IRC 4166 of 2004)

Before The Honourable Justice Kavanagh 30 August 2004

VARIATION 1. Delete clause 36, Area, Incidence and Duration, of clause 1, Arrangement, of the award published 2

November 2001 (329 I.G. 83) and insert in lieu thereof the following:

36. Deduction and Remittance of Union Membership Fees 37. Area , Incidence and Duration

2. Delete subclause (ii) of clause 5, Wages, and insert in lieu thereof the following: (ii) The rates of pay in this award include all the adjustments payable under the State Wage Case 2004.

These adjustments may be offset against:


rate adjustments. 3. Renumber clause 36, Area, Incidence and Duration, to read as clause 37. 4. Insert after clause 35, Exemption, the following new clause:

36. Deduction and Remittance of Union Membership Fees (i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any

employee, provided that:

(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

(b) the Union shall advise the employer of the amount to be deducted for each pay period applying

at the employer’s workplace and any changes to that amount; (c) deduction of Union membership fees shall only occur in each pay period in which payment has

or is to be made to an employee; and (d) there shall be no requirement to make deductions for casual employees with less than two

months’ service (continuous or otherwise).


- 936 -

(ii) The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of

Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

(iii) Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscription to employees’ membership accounts, provided that:

(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be

entitled to retain up to five per cent of the monies deducted; and (b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be

entitled to retain up to 2.5 per cent of the monies deducted. (iv) Where an employee has already authorised the deduction of Union membership fees in writing from his

or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

(v) The Union shall advise the employer of any change to the amount of membership fees made under its

rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll

deductions of Union membership fees. (vii) Where an employee who is a member of the Union and who authorised the employer to make payroll

deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

This clause shall take effect: (i) In the case of employers who currently deduct Union membership fees, or whose payroll facilities are

carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 30 September 2004;

(ii) In the case of employers who do not fall within subclause (i) above, but who currently make deductions

other than Union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 30 December 2004;

(iii) For all other employers, from the beginning of the first pay period to commence on or after 30 March

2005. 5. Delete Part B, Monetary Rates, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Wages Adult Employees - Weekly Rates for Full-time Employees


- 937 -

Classification Former rate per week SWC 2004 per week Total rate per week

$ $ $ Plastics Worker Grade 5 542.20 19.00 561.20 Grade 4 508.50 19.00 527.50 Grade 3 487.60 19.00 506.60 Grade 2 465.10 19.00 484.10 Grade 1 448.40 19.00 467.40

Plastics Worker Grade 5 is a new classification that took effect on the first pay period to commence on or after 4 December 2002. Junior Employees

Age Percentage of Former Rate SWC 2004 Rate per week Grade 2 per week per week Payable % $ $ $ Under 16 years of age 36.8 171.15 7.00 178.15 At 16 years of age 47.3 220.00 9.00 229.00 At 17 years of age 57.8 268.85 10.95 279.80 At 18 years of age 68.3 317.65 13.00 330.65 At 19 years of age 82.5 383.70 15.70 399.40 At 20 years of age 97.7 454.40 18.55 472.95


Item No. Clause

No. Brief Description Amount Payable

$ 1 6(i) Meal Allowance 9.45 per meal 2 6(ii)(a) Leading Hand: 3 to 10 employees 24.65 per week 3 6(ii)(b) Leading Hand: 11 to 20 employees 36.65 per week 4 6(ii)(c) Leading Hand: more than 20 employees 46.50 per week 5 6(iii) First Aid Allowance 11.20 per week 6 6(iv)(a) Dirty Work 0.42 per hour 7 6(iv)(b)(1) Hot Places: between 46°C and 54°C 0.42 per hour 8 6(iv)(b)(2) Hot Places: exceeding 54°C 0.55 per hour 9 6(iv)(c) Wet Places 0.42 per hour

10 6(v) Motor Allowance 0.57 per km 6. This variation shall take effect from the first full pay period to commence on or after 4 December 2004,

with the exception of clause 36, which shall take effect from the first full pay periods to commence on or after the dates therein.

T. M. KAVANAGH J.



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(565) SERIAL C3247

PYROTECHNICS, &c. (STATE) AWARD



(No. IRC 4312 of 2004)

Before Commissioner Tabbaa 29 July 2004

VARIATION 1. Delete subclause (ii) of clause 8, Wages, of the award published 25 January 2001 (321 I.G. 1043), and


(ii) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and


PART B

MONETARY RATES

Table 1 - Wages

Classification Former Rate State Wage Case 2004 New Total Rate per week per week per week $ $ $

Pyrotechnician 494.40 19.00 513.40 Mixer - dry powder 464.00 19.00 483.00 Mixer sparkler department 464.00 19.00 483.00 All other employees 448.40 19.00 467.40


Item Clause Brief Description Former New Amount Amount

No. No. $ $ 1 9(i) Meal Allowance 6.90 7.20 2 9(ii) Incremental Rates - 3rd -4th Year 7.10 7.35 3 9(ii) Incremental Rates - 5th-9th Year 3.75 3.90


- 939 -

4 9(ii) Incremental Rates - 10th Year & Thereafter 3.75 3.90 5 9(iii) First Aid Allowance 2.80 2.90


I. TABBAA, Commissioner.



- 940 -

(287) SERIAL C3156

PRIVATE HOSPITAL PROFESSIONAL EMPLOYEES (STATE)

AWARD



(No. IRC 4170 of 2004)


VARIATION 1. Delete paragraph 19.1 of clause 19, State Wage Case Adjustments, of the award published 16 March

2001 (323 I.G. 35) and insert in lieu thereof the following: 19.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These


(a) any equivalent over-award payments; and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case and


PART B

Table 1 - Salaries

Classification Current Rate SWC 2004 Wage Rate as per week Adjustment from 1/2/05 per week per week $ $ $ Medical Officers Resident 1st year of service 684.30 19.00 703.30 2nd year of service 740.00 19.00 759.00 3rd year of service 802.00 19.00 821.00 4th year of service 860.90 19.00 879.90 Registrar 1st year of service 802.60 19.00 821.60 2nd year of service 860.90 19.00 879.90 3rd year of service 919.50 19.00 938.50 4th year of service 975.70 19.00 994.70 Senior Registrar 1,061.40 19.00 1,080.40 Scientific Officers 1st year of scale 607.80 19.00 626.80 2nd year of scale 626.00 19.00 645.00


- 941 -

3rd year of scale 656.80 19.00 675.80 4th year of scale 693.60 19.00 712.60 5th year of scale 733.10 19.00 752.10 6th year of scale 769.90 19.00 788.90 7th year of scale 799.30 19.00 818.30 8th year of scale 821.30 19.00 840.30 Senior Scientific Officer 1st year of scale 874.40 19.00 893.40 2nd year of scale 899.70 19.00 918.70 3rd year of scale 921.60 19.00 940.60 4th year of scale 943.40 19.00 962.40 5th year of scale 966.20 19.00 985.20 6th year of scale 995.00 19.00 1,014.00 7th year of scale 1,021.70 19.00 1,040.70 8th year of scale 1,044.50 19.00 1,063.50 Senior Scientific Officer-in-Charge (a) in charge of a section of a laboratory - 1st year 874.40 19.00 893.40 2nd year 899.70 19.00 918.70 Thereafter 921.60 19.00 940.60 (b) in charge of a laboratory at a hospital having an ADA of - (i) less than 200: 1st year 943.40 19.00 962.40 2nd year 966.20 19.00 985.20 Thereafter 994.00 19.00 1,013.00 (ii) more than 200: 1st year 995.00 19.00 1,014.00 2nd year 1,021.70 19.00 1,040.70 Thereafter 1,043.80 19.00 1,062.80 Principal Scientific Officer 1st year of scale 1,075.20 19.00 1,094.20 2nd year of scale 1,098.90 19.00 1,117.90 3rd year of scale 1,125.30 19.00 1,144.30 4th year of scale 1,149.30 19.00 1,168.30 5th year of scale 1,174.30 19.00 1,193.30 6th year of scale 1,199.00 19.00 1,218.00 7th year of scale 1,223.30 19.00 1,242.30 8th year of scale 1,249.00 19.00 1,268.00 9th year of scale 1,273.60 19.00 1,292.60 10th year of scale 1,299.30 19.00 1,318.30 Trainee Scientific Officer 1st year of scale 381.50 19.00 400.50 2nd year of scale 403.50 19.00 422.50 3rd year of scale 447.30 19.00 466.30 4th year of scale 496.20 19.00 515.20 5th year of scale 545.90 19.00 564.90 6th year of scale 586.50 19.00 605.50 Nurse Counsellor 1st year of scale 598.50 19.00 617.50 2nd year of scale 621.40 19.00 640.40 3rd year of scale 652.70 19.00 671.70 4th year of scale 680.90 19.00 699.90 5th year of scale 714.00 19.00 733.00 6th year of scale 740.60 19.00 759.60 7th year of scale 764.00 19.00 783.00 8th year of scale 786.40 19.00 805.40 Thereafter 816.70 19.00 835.70


- 942 -

Psychologists, Audiologists and Research or Project Officers 1st year of service 594.20 19.00 613.20 2nd year of service 616.80 19.00 635.80 3rd year of service 647.40 19.00 666.40 4th year of service 677.00 19.00 696.00 5th year of service 709.60 19.00 728.60 6th year of service 740.00 19.00 759.00 7th year of service 763.80 19.00 782.80 8th year of service 816.50 19.00 835.50 Clinical Psychologists 1st year of service 787.50 19.00 806.50 2nd year of service 829.60 19.00 848.60 3rd year of service 868.60 19.00 887.60 4th year of service 911.10 19.00 930.10 5th year of service 950.30 19.00 969.30 Librarian - Graduate 1st year of service 588.70 19.00 607.70 2nd year of service 607.60 19.00 626.60 3rd year of service 633.10 19.00 652.10 4th year of service 656.70 19.00 675.70 5th year of service 680.90 19.00 699.90 6th year of service 697.40 19.00 716.40 7th year of service 732.70 19.00 751.70 Dieticians 1st year of scale 626.00 19.00 645.00 2nd year of scale 656.80 19.00 675.80 3rd year of scale 693.60 19.00 712.60 4th year of scale 733.10 19.00 752.10 5th year of scale 769.90 19.00 788.90 6th year of scale 799.30 19.00 818.30 7th year of scale 821.30 19.00 840.30 Grade 1 1st year of scale 874.40 19.00 893.40 2nd year of scale 899.70 19.00 918.70 Physiotherapists, Occupational Therapists, Music Therapists, Speech Pathologists 1st year of scale 607.80 19.00 626.80 2nd year of scale 626.00 19.00 645.00 3rd year of scale 656.20 19.00 675.20 4th year of scale 693.60 19.00 712.60 5th year of scale 733.10 19.00 752.10 6th year of scale 769.90 19.00 788.90 7th year of scale 799.30 19.00 818.30 8th year of scale 821.30 19.00 840.30 Medical Records Administrator 1st year of service 597.20 19.00 616.20 2nd year of service 607.40 19.00 626.40 3rd year of service 617.80 19.00 636.80 4th year of service 627.80 19.00 646.80 5th year of service 639.10 19.00 658.10 6th year of service 652.50 19.00 671.50 7th year of service 665.70 19.00 684.70 8th year of service 695.20 19.00 714.20 Welfare Officers - Social Adults - Grade 1 1st year of scale 531.70 19.00 550.70 2nd year of scale 558.10 19.00 577.10


- 943 -

3rd year of scale 581.80 19.00 600.80 4th year of scale 603.90 19.00 622.90 5th year of scale 653.80 19.00 672.80

Adults - Grade 2 1st year of scale 650.90 19.00 669.90 2nd year of scale 674.30 19.00 693.30 Social Workers 1st year of scale 598.50 19.00 617.50 2nd year of scale 621.40 19.00 640.40 3rd year of scale 652.70 19.00 671.70 4th year of scale 680.90 19.00 699.90 5th year of scale 714.00 19.00 733.00 6th year of scale 740.60 19.00 759.60 7th year of scale 764.00 19.00 783.00 8th year of scale 786.40 19.00 805.40 9th year of scale 816.70 19.00 835.70


Item No. Clause No. Allowance Amount from

1/2/05 $

1 3.4 Principal Scientific Officer-Qualification Allowance 41.90 p/wk 2 3(3.6)(b) Psychologists, Audiologists and Research or Project Officers Allowance 46.40 p/wk Further Allowance 46.40 p/wk

3 3(3.9) Physiotherapist, Occupational Therapist, Speech Pathologist -In-Charge Allowance 99.00 p/wk

4 6(6.2) Meal Allowance - Overtime (a) Breakfast 8.60 (b) Lunch 11.10 (c) Evening 16.40

5 20(20.3) Uniform Allowance 1.70 p/wk 6 20(20.4) Laundry Allowance 0.95 p/wk 7 23 Mileage Allowance Motor Car First 8,000 kilometres per year 1,600 cc and over 0.526 p/km Under 1600 cc 0.376 p/km Over 8,000 kilometres per year 1,600 cc and over 0.187 p/km Under 1600 cc 0.157 p/km Motor Cycle 0.248 p/km

3. This variation shall take effect from the first pay period to commence on or after 1 February 2005.

R. P. BOLAND J.

____________________


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SYDNEY LIGHT RAIL (STATE) AWARD 1997


Application by The Australian Rail, Tram and Bus Industry Union, New South Wales, industrial organisation of employees.

(No. IRC 5485 of 2004)

Before Commissioner McKenna 11 October 2004

VARIATION 1. Delete clause 45, Safety Net Provisions, of the award published 13 March 1998 (303 I.G. 946), and


45. Safety Net Provisions The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (i) any equivalent over-award payments; and/or (ii) 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 (i) Adult Employees

The minimum rates of wages per week for adult employees shall be as follows:

Grade Former Weekly Rate SWC 2004 Total Weekly Rate $ $ $ Transit Liaison Officer Probation 515.00 19.00 534.00 Transit Liaison Officer 552.00 19.00 571.00 Customer Service Officer Level 1 557.00 19.00 576.00 Customer Service Officer Level 2 590.00 19.00 609.00 SLR Operator Grade 1 622.00 19.00 641.00 SLR Operator Grade 2 644.00 19.00 663.00 SLR Operator Grade 3 657.00 19.00 676.00 Operator Maintainer 689.00 19.00 706.00 Controller Grade 1 713.00 19.00 732.00 Controller Grade 2 739.00 19.00 758.00


- 945 -

Maintenance Technician Level 1 749.00 19.00 766.00 Maintenance Technician Level 2 774.00 19.00 793.00 Maintenance Technician Level 3 802.00 19.00 821.00 Maintenance Technician Special 837.00 19.00 856.00 Cleaner 545.00 19.00 564.00 Office Administrator Grade 1 1st year 577.00 19.00 596.00 2nd year 672.00 19.00 691.00 3rd year 724.00 19.00 743.00 Dual Controller 937.00 19.00 956.00 Controller 880.00 19.00 899.00 Trainee Controller 823.00 19.00 842.00

(ii) Juniors

The minimum rates of wages per week for junior employees shall be as follows:

(a) Receptionists, stenographers, accounting machine operators, processing machine operators, typists, computer operators

Age Former Weekly Rate SWC 2004 Total Weekly Rate $ $ $ At 17 years of age 249.49 19.00 268.49 At 18 years of age 311.89 19.00 330.89 At 19 years of age 373.19 19.00 392.19 AT 20 years of age 415.05 19.00 434.07



$ 1 8 Special Weekly Allowance 24.80 2 18 Meal Allowance (Overtime) 9.55 3 28 First - aid Allowance 8.49

3. This variation shall take effect from the first pay period to commence on or after 13 September 2004.

D. S. McKENNA, Commissioner.



- 946 -

(259) SERIAL C3110

MALTHOUSES (STATE) AWARD


Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Branch, industrial organisation of employees.

(No. IRC 3295 of 2004)

Before Commissioner Macdonald 1 July 2004

VARIATION 1. Delete Part B, Monetary Rates, of the award published 7 December 2001 (330 I.G. 25), and insert in


PART B

MONETARY RATES

Table 1 - Wages The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against: (a) any equivalent overaward payments, and/or (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates

adjustments.

Classification Wage Total $ Malthouse Employee 497.40

Table 2

Other Rates And Allowances

Item Clause Description Amount No No $ 1 2.2 Flat Rate Allowance 8.60 per week 2 2.3 Shift Worker 43.40 per week 3 2.4 Leading Hand 28.20 per week 4 2.5 Laundry Allowance 6.40 per week




- 947 -

____________________


BUTTON MAKERS (STATE) AWARD


Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees

(No. IRC 3452 of 2004)

Before Commissioner Macdonald 1 July 2004

VARIATION 1. Delete subclause 12.2, of clause 12, Rates of Pay, of the award published 21 February 2003 (338 I.G.

393), and insert in lieu thereof the following:

12.2 State Wage Case 2004

The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent overaward payments; (b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and

minimum rates adjustments. 2. Delete the amount "$56" appearing in subclause 22.3 of clause 22, Supported Wage and insert in lieu

thereof the amount of "$60". 3. Delete the amount "$56" appearing in paragraph 9.2 of the said clause 22, and insert in lieu thereof the

amount of "$60". 4. Delete Part B - Monetary Rates and insert in lieu thereof the following:

PART B

Monetary Rates

Table 1 - Rates Of Pay Rates of pay from the beginning of the first pay period to commence on or after 8 July 2004

Skill Description Award Level Rate Per Week

$ 1 Trainee/ Labourer 467.40 2 General Operations Duties 492.50 3 Warehouse Duties 506.70 4 Technically Skilled and Assistant Supervisor 527.50 5 Trades person/ Assistant Foreperson 559.20


- 948 -

6 Production Support Supervisor 582.10 7 Supervisor 602.90

Table 2 - Other Rates and Allowances Allowances from the beginning of the first pay period to commence on or after 8 July 2004

Item No Clause No Brief Description Amount $

1 20.1 First-aid Allowance 9.50 per week 2 20.2 Leading Hand Allowance Per week In charge of up to 10 employees 20.10 In charge of 11 to 20 employees 29.30 In charge of 21 or more employees 35.50

3 20.8 Payment by Results Systems - Employee who instructs learners 1st Week 4.80 2nd Week 4.20 3rd Week 3.70 continue instructing a learner thereafter 3.70

4 20.9 Change of shifts without 2 days' notice - compensation 15.70

5 20.10 Meal Allowance 6.70 For each subsequent meal 4.90

6 52.1 Disability Allowance 3.40 52.2 Inadequate dining and/or rest facilities 3.40

5. This variation shall take effect from the first full pay period on or after 8 July 2004.




- 949 -

(1201) SERIAL C3167

PUBLIC HOSPITAL TRAINING WAGE (STATE) AWARD



(No. IRC 4180 of 2004)


VARIATION 1. Delete paragraph (ix) of subclause (c) of clause 7, Employment Conditions, of the award published 2

June 2000 (315 I.G. 1404) and insert in lieu thereof the following:

(ix) Minimum and maximum hours of work for part-time employees specified in the relevant award shall apply to part-time trainees also.

Example of the Calculation for the Wage Rate for a Part-time Traineeship A school student commences a traineeship in Year 11. The ordinary hours of work in the relevant award are 38. The training contract specifies 2 years (24 months) as the length of the traineeship. "Average weekly training time" is therefore:

7.6 x 12/24 = 3.8 hours

"Trainee hours" total 15 hours; these are made up of 11 hours' work which are worked over 2 days of the week plus 1-1/2 hours on-the-job training plus 2-1/2 hours off-the-job approved training at school and at TAFE. So the wage rate in Year 11 is:

$209.00 x 1

5 - 3.8 = $77.00

30.4

plus any applicable penalty rates under the relevant award. The wage rate varies when the student completes Year 11 and passes the anniversary date of 1 January the following year to begin Year 12 and/or if "trainee hours" change.

2. Delete subclause (e) of clause 8, Wages, of the award published 2 June 2000 (315 I.G. 1415) and insert


(e) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. These adjustments may be offset against:

(a) any equivalent over-award payments; and/or


- 950 -

(b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.


PART B

MONETARY RATES

Table 1 - Industry/Skill Level A Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level A.

Highest Year of Schooling Completed Year 10 Year 11 Year 12 $ $ $ School Leaver 168.00 (50%) 209.00 (33%) 196.00 (33%) 235.00 (25%) 284.00 Plus 1 year out of school 235.00 284.00 330.00 Plus 2 years 284.00 330.00 384.00 Plus 3 years 330.00 384.00 439.00 Plus 4 years 384.00 439.00 Plus 5 years or more 439.00

The figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

Table 2 - Industry/Skill Level B Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level B.

Highest Year of Schooling Completed Year 10 Year 11 Year 12 $ $ $ School Leaver 168.00 (50%) 209.00 (33%) 196.00 (33%) 235.00 (25%) 274.00 Plus 1 year out of school 235.00 274.00 315.00 Plus 2 years 274.00 315.00 370.00 Plus 3 years 315.00 370.00 421.00 Plus 4 years 370.00 421.00 Plus 5 years or more 421.00

The figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

Table 3 - School-based Trainees

Year of Schooling Year 11 Year 12 $ $ School-based Traineeships Skill Levels A, B and C 215.00 235.00


- 951 -

The average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent. 3. This variation shall take effect from the first full pay period to commence on or after 26 November

2004.

R. P. BOLAND J.



- 952 -

(1685) SERIAL C3288

UNIVERSITY UNIONS (STATE) AWARD


Applications by Shop, Distributive and Allied Employees' Association, New South Wales, and another, industrial organisations of employees.

(Nos. IRC 3586 and 3587 of 2004)


VARIATION 1. Insert after subclause 12.3 of clause 12, Overtime and Penalty Rates, of the award published 22 August

2003 (341 I.G. 100) the following new subclause: 12.4 Reasonable Overtime

Subject to paragraph 12.4.1 of this subclause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

12.4.1 An employee may refuse to work overtime in circumstances where the working of such

overtime would result in the employee working hours which are unreasonable. 12.4.2 For the purposes of paragraph 12.4.1 of this subclause, what is unreasonable or otherwise

will be determined having regard to:

(i) any risk to employee health and safety; (ii) the employee’s personal circumstances including any family and carer responsibilities; (iii) the needs of the workplace or enterprise; (iv) the notice (if any) given by the employer of the overtime and by the employee of his or

her intention to refuse it; and (v) any other relevant matter.

2. Delete the references to $53.00 in paragraphs 30.3.2 and 30.3.3 of subclause 30.3 of clause 30,

Supported Wage, and insert in lieu thereof the following:

$60.00 3. This variation shall take effect from the first full pay period commencing on or after 6 July 2004.


____________________


- 953 -


BORAL BRICKS (BADGERYS CREEK) MECHANICAL

MAINTENANCE AWARD 1994



(No. IRC 1631 of 2004)

Before Mr Deputy President Sams 23 November 2004

ORDER OF RESCISSION The Industrial Relations Commission of New South Wales orders that the Boral Bricks (Badgerys Creek) Mechanical Maintenance Award 1994 published 2 September 1994 (281 I.G. 722) as varied, be rescinded on and from 23 November 2004.

P. J. SAMS D.P.
