| 2004
SCHEDULE OF CHANGES TO
The bold highlights reflect the actual wording changes. 1. In clause 2, Statement of Intent, add the following dot points:
2. Add the following definition of General Manager in subclause (i)
of Clause 4, Definitions: 3. Amend the definition of Union in subclause (iii) of Clause 4, Definitions as follows: (iii) Union means the New South Wales Local
Government, Clerical Administrative, Energy, Airlines & Utilities
Union (USU); the Local Government Engineers' Association of New
South Wales (LGEA); the Development and Environmental
Professionals' Association (depa); and the Nurses' Association
of New South Wales.
(vii) Superannuation contributions means all contributions to a complying superannuation fund, and includes (without limitation) any superannuation contributions required to be made under the Superannuation Guarantee ( Administration) Act 1992 (Cth), and any additional superannuation contributions made by way of salary sacrifice. (viii) Complying superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 (Cth). 6. At the beginning of Clause 5, Skill Descriptors, add the following words: The award structure consists of skill based bands and levels that are defined according to the following skill descriptors: 7. In Clause 6, Rates of Pay, add the following provision: The rates of pay are established for positions with the skill descriptors as defined in Clause 5, Skill Descriptors of this award. 8. Delete the former Clause 14, Use of Skills and insert the following new Clause 8, Use of Skills and Clause 9, Payment for Relieving Duties /Work and renumber the remaining award clauses accordingly. Use of Skills (i) The parties are committed to improving skill levels and removing impediments to multi skilling and broadening the range of tasks that the employee is required to perform. (ii) The council may direct the employee to carry out such duties that are within the limits of the employee's skill, competence and training. (iii) An employee shall be paid the salary system rate of pay that recognises the skills the employee is required to apply on the job. (iv)(a)The skills paid for shall not be limited to those prescribed by the job description and may, where appropriate, include skills possessed by the individual which are required by council to be used as an adjunct to the employee's normal duties. (b)Subject to subclause (xi) of Clause 13, Allowances, Additional Payments and Expenses, employees who are required by council to use such additional skill(s) in the performance of their duties shall have the use of these skill(s) considered in the evaluation of the position. Payment for Relief Duties/Work (i) An employee required to relieve in a position which is at a higher level within the salary system shall be paid for that relief. The rate to be paid shall be determined by considering the skills / experience applied by the employee relieving in the position but shall be at least the minimum rate for that position in accordance with the salary system except where the higher level skills have been taken into account within the salary of the relieving employee. (ii) Payment for use of skills relieving in a higher paid position shall be made for the time actually spent relieving in the higher position and is not payable when the relieving employee is absent on paid leave or an award holiday. An employee on annual leave may be entitled to a higher rate of pay in accordance with the provisions of Clause 19 Part C (v) of this award. (iii) An award employee who is required to relieve in a senior staff position, so designated under the Local Government Act, 1993, shall be paid an appropriate rate of pay commensurate with the duties and responsibilities of the relief work undertaken. 9. In Clause 10, Payment of Employees amend subclause (ii) as follows: (ii) Council shall fix a regular payday, between Monday and Friday inclusive, for the payment of employees. Council may alter the payday if there is prior agreement with the employees affected and the employees shall not unreasonably withhold their agreement.
(ix) The value of a salary sacrifice benefit and applicable fringe benefit tax shall be treated as an approved benefit for superannuation purposes and shall not reduce the employee's salary for employer contributions. (x) The value of salary sacrifice benefits and applicable fringe benefits tax shall be ordinary pay for calculating overtime and termination payments.
Superannuation Fund Contributions Subject to the provisions of the Industrial Relations Act 1996, a council shall make superannuation contributions to the Local Government Superannuation Scheme and not to any other superannuation fund.
13. Delete the former Clause 10, Disability Allowances and insert the provision as subclause (i) of Clause 13, Allowances, Additional Payments and Expenses. 14. In Clause 13, Allowances, Additional Payments and Expenses amend sub-clause (i)(b) of s follows: (i) (b) All employees classified in the Operational Band 1 of this award, except for supervisors, who are employed in garbage, sanitary and sullage collection work or engaged at garbage tips, in street sweeping and in cleaning offensive materials from gutters or storm water drains, shall in addition to their weekly rate of pay, be paid a disability allowance at the rate set out in Table 2 of Part B of this award. This allowance shall be paid for all purposes of the award but shall not attract any penalty. 15. In Clause 13, Allowances, Additional Payments and Expenses amend sub-clause (iii) as follows: (iii) Sewerage Treatment Works Employees required during their ordinary hours of work to enter digestion tanks at sewerage treatment works for the purpose of cleaning tanks, or who are required to enter and clean aeration ponds or who are required to clean wet wells at sewer pump stations, shall be paid at the rate of double ordinary rates for all time worked. Payments made in accordance with this subclause shall be in substitution of overtime rates and other penalty. 16. Add the following new paragraph (b) to subclause (vii) of Clause 13 Allowances, Additional Payments and Expenses: (b) Where the car is used for official business and is available continuously when the employee is on duty the employee shall be paid the allowance but with a minimum payment as set out in Table 2 of Part B. Periods of sick leave in excess of 3 weeks, annual leave in excess of 4 weeks, long service leave, paid and unpaid maternity leave shall not be counted when calculating the minimum quarterly payment. 17. Delete paragraph (m) of the former Clause 11 Expenses and Allowances, subclause (vi) Travelling Allowances.
(b) A council shall pay the camping allowance in advance if requested, where council requires the employee to camp out for all of the rostered working days in a week. The council shall be reimbursed the camping allowance that has been paid in advance excepting where the camp has been shortened or cancelled for reasons beyond the employee's control. 19. Insert the provisions appearing in the former Clause 14 Use of
Skills, Parts B, C, D and E as the new subclause (xi) Language, Signing
and First Aid Work of Clause 13 Allowances, Additional Payments and
Expenses. 22. Insert the following new Clause 14, Motor Vehicle Lease Back. (a) Where a council and an employee enter into a motor vehicle lease back agreement on or after the date of the commencement of this award, the council shall give a minimum of 12 months written notice of termination of the agreement. (b) The notice requirement of this clause shall not apply on termination of employment; loss of licence; breach of the leaseback agreement or on account of the employee accepting a new position with the council. 23. In subclause (v) of Clause 17, Overtime, Part A, delete the words (other than a casual). 24.Add the following new subclause (viii) to Part A of Clause 17, Overtime; (viii) (a) Subject to paragraph (b), a council may
require an employee to work reasonable overtime at overtime rates. 25. In Clause 18, Holidays, insert the following new subclause (ii)
and renumber remaining subclauses accordingly. 26. Delete the former subclause (vi) of Clause 35 Savings and Transitional and insert the provisions as the new subclause (viii) of Clause 19, Part A Sick Leave. 27. In Clause 19, Part B, Carer's Leave, add the following new subclause (iii) and renumber the remaining subclauses accordingly. (iii) Carer's leave is not intended to be used for long term, ongoing care. In such cases, the employee is obligated to investigate appropriate care arrangements where these are reasonably available. 28. In Clause 19, Part C, Annual Leave, amend subclause (iii) as follows: 29. In Clause 19, Part D, Long Service Leave, amend subclause (ii) by adding a paragraph (b) as follows: (ii) (b) Payment to an employee proceeding on long service leave shall be made by council at the employee's ordinary rate of pay for the period of long service leave either before the commencement of the employee's long service leave, or by agreement through the usual pay periods. 30. In Clause 19, Part D, Long Service Leave, amend subclause (vi) by deleting the word "ten" and inserting in lieu thereof the word "five". 31. In subclause (iii) of Clause 19, Part E, Paid Maternity Leave, add a new paragraph (b) and renumber the remaining paragraphs. (b) Employees may take periods of annual leave and long service leave during unpaid maternity leave at half pay, provided the total period of all leave does not exceed 52 weeks.
(v) Paid maternity leave and paid special leave shall be exclusive of public holidays. Where a public holidays falling during a period where the employee has taken paid maternity leave or annual or long service leave on half pay, the public holiday shall also be paid at half pay. Further, all entitlements shall accrue during periods of leave at half pay on a proportionate basis. 33. Add the following new Part F Supporting Parent Leave to Clause 19 Leave. Supporting Parent Leave An employee who is a supporting parent shall be entitled to up to 5 days paid leave taken from their accrued sick leave balance at the time their partner gives birth to a child or at the time the employee adopts a child provided that the employee has had 12 months continuous service with council immediately prior to the commencement of their supporting parent leave.
(iii) Union Training Leave 35. In Clause 19 Part G, Other Paid Leave, amend subclause (iv), Union Conference Leave as follows: (iv) Union Conference Leave Accredited delegates to the union's annual conferences shall be granted paid leave for the duration of the conference provided that the council's operational requirements are met and the union notifies council of the accredited delegates nominated to attend the conference at least one month prior to the commencement of the conference. 36. Insert a new Clause 20 , Flexibility for Work and Family Responsibilities as follows: Flexibility for Work and Family Responsibilities (i) A council and an employee, other than a casual, may agree on flexible work and leave arrangements to enable the employee to attend to work and family responsibilities. A council shall not unreasonably withhold agreement to flexible work and leave arrangements, provided its operational needs are met. (ii) Flexible work and leave arrangements include but are not limited to make up time; flexi time; time in lieu; leave without pay; annual leave; part time work and job share arrangements. (iii) The terms of a flexible work and leave arrangement shall be in writing and may be varied from time to time, by agreement, to suit the specific needs of either party. 37. In Clause 22, Casual Employment amend subclause (iv)as follows: (iv) In addition to the amounts prescribed by subclause (ii) of this clause, a twenty-five percent loading, calculated on the ordinary hourly rate, shall be paid. This loading shall not attract any penalty. This loading shall be paid in lieu of all leave and severance pay, except for paid maternity leave, prescribed by this award. 38. In subclause (i) of Clause 27, Consultative Committees, Part C, Scope of Consultative Committees, add the following paragraph (i). (i) local government reform 39. Insert the following new Clause 29, Term Contracts: Term Contracts (i) A council may employ a person on a term contract in an ongoing position that is evaluated as Professional/Specialist Band 3, Level 4 or the Executive Band 4 of the award only where: (a) the council and the employee agree, and (b) where the contract includes a clause that a further term contract for the position shall be offered to the employee if the employee's performance remains at a satisfactory level during the term of the contract and the position continues to exist at the end of the term of the contract, and (c) the term of the contract is a minimum of three years and a maximum of five years. (ii) This clause only regulates the use of term contracts for ongoing positions. (iii) Term contracts shall not be offered for on-going positions below Band 3 Level 4 of the award. (iv) Subclause (i) shall only apply to term contracts entered into after the first pay period on or after 1 November 2004.
(ii) The union delegate shall have reasonable time, without loss of pay, to discuss a grievance or dispute with management at the local level, where prior approval is sought. Such approval shall not be unreasonably withheld. 41. In Clause 30, Grievance and Dispute Procedures amend subclause (iii) (a) as follows: (iii) (a) The employee(s) shall notify the supervisor or other authorised officers of any grievance or dispute and the remedy sought, in writing. 42. Add a new paragraph (a) to subclause (i) in Part B, of Clause 31, Disciplinary Procedures as follows and re letter remaining paragraphs: (a) Suspension without pay during an investigation shall be for a period of not more than two weeks, except where the progress of the investigation is delayed due to the unavailability of the employee and/or their representative in which case the period of suspension without pay may be extended for a further period of up to 7 days or such greater period by agreement.
(v) All formal warnings shall be in writing. (vi) Delegates shall be provided reasonable time without loss of pay, to represent members in disciplinary matters at the local level, provided prior approval is sought. Such approval shall not be unreasonably withheld. 43. In Clause 33, Termination of Employment, add a new subclause (iii) and renumber the remaining subclauses. (iii) In cases of serious misconduct, a council may summarily dismiss an employee following a proper investigation and provided the employee is afforded procedural fairness. Where an employee is summarily dismissed, subclause (vi) shall not apply. 44. In Clause 34, Workplace Change and Redundancy, insert a new subclause (ix) and renumber the remaining subclauses. (ix) A redundant employee shall be entitled to the payment of a job search allowance of up to $2,000 to meet expenses associated with seeking other employment subject to proof of expenditure or on production of an invoice, and/or other appropriate documentation. The employee's entitlement to claim the job search allowance is limited to a period of up to 12 months from their termination of service with the council or until the employee secures alternative employment, which ever is the sooner. 45. Amend the title of Clause 37, Industry Award Restructuring Committee to Award Implementation Committee and make consequential changes in the clause. 46. Add new subclauses (iii) and (iv) to Clause 39, Leave Reserved as follows: (iii) Leave is reserved for the parties to apply in respect of hours/penalty rates/shift allowances; changes in responsibilities for professional engineers arising out of the Civil Liability Act and changes in responsibilities arising from accreditation of council (development) certifiers. 47. Subclause (x) of Clause 40 Area Incidence and Duration be amended as follows: (x) The increases in rates of pay provided for in this award reflect consideration of work value changes; productivity improvements; local government reform; and community movements.
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