Tasmanian Industrial Commission s1

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Minister administering the State Service Act 2000
(T14467 of 2016)

AWU (TASMANIAN STATE SECTOR) AWARD

President DJ Barclay

Award variation – family violence leave - compassionate and bereavement leave - parental leave - consent order issued - operative date 22 December 2016

ORDER BY CONSENT -

No. 1 of 2017

(Consolidated)

THE FOLLOWING CLAUSES ARE VARIED AND THE AWARD IS CONSOLIDATED:

IN PART I – APPLICATION AND OPERATION OF THE AWARD:

CLAUSE 4 – DATE OF OPERATION

CLAUSE 6 - SUPERSESSION

IN PART VII – LEAVE AND HOLIDAYS WITH PAY:

CLAUSE 2 – PARENTAL LEAVE

CLAUSE 3 – PERSONAL LEAVE

CLAUSE 4 - COMPASSIONATE AND BEREAVEMENT LEAVE

CLAUSE 10 – FAMILY VIOLENCE LEAVE

PART I – APPLICATION AND OPERATION OF THE AWARD

1. TITLE

This award is to be known as the "AWU (Tasmanian State Sector) Award".

2. SCOPE

This award shall apply in respect of the employment of all employees in work done or in connection with the following:

(a) Construction, alteration, repair and maintenance of railways, tramways, roads, freeways, causeways, aerodromes, civil engineering works, gardens, parks, reserves, fences, racetracks, walking tracks, drains, dams, weirs, bridges, overpasses, underpasses, channels, waterworks, pipe tracks, tunnels, water and sewerage works, conduits, and all concrete work and preparation incidental thereto.

(b) Forestry, Horticulture, Agriculture including Dairy Farming, Aquaculture and Mariculture.

(d) Soil conservation, vermin and noxious weed control and eradication.

3. INDEX

1. TITLE 2

2. SCOPE 2

4. DATE OF OPERATION 8

5. AWARD INTEREST 8

6. SUPERSESSION 8

7. DEFINITIONS 8

8. EMPLOYMENT CATEGORIES 9

9. CONTRACT OF EMPLOYMENT 9

10. ABANDONMENT OF EMPLOYMENT 9

11. TERMINATION OF EMPLOYMENT 10

12. WORK, HEALTH AND SAFETY 11

PART II – SALARIES AND RELATED MATTERS 13

1. CALCULATION FOR THE PAYMENT OF SALARY 13

(a) Calculation of Fortnightly Salary 13

(b) Calculation of Hourly Rate for Part-time Employees 13

(d) Casual Loading 13

2. PAYMENT OF SALARY 14

3. SALARIES 16

4. salary progression, advancement assessment and performance management 17

(a) Classification and Progression 17

5. APPRENTICES AND TRAINEES 19

(a) Salaries for Certificate II, III & IV –Trainees 20

(b) Salaries for Certificate III – Apprenticeship – Tradesperson 20

(d) Salaries for Diploma – Apprenticeship – Advanced Tradesperson, Diploma for Technical Trainee 22

(e) Salaries for Advanced Diploma – Technical Trainee 22

(f) Minimum Adult Wage Rates – Adult Apprenticeships 23

(g) Salaries for School Based Apprenticeships 23

6. TERMS OF APPRENTICESHIPS/TRAINEESHIPS 24

7. SUPPORTED WAGE SYSTEM FOR PERSONS WITH DISABILITIES 26

(a) Eligibility Criteria 28

(d) Lodgement of SWS Wage Assessment Agreement 29

(e) Review of Assessment 29

(f) Other Terms and Conditions of Employment 29

(g) Workplace Adjustment 29

(h) Trial Period 29

8. SUPERANNUATION 30

9. SALARY SACRIFICE BY EMPLOYEES 30

(a) Superannuation 30

(b) Other Benefits 31

10. MARKET ALLOWANCE 31

11. HIGHER DUTIES ALLOWANCE 31

12. MORE RESPONSIBLE DUTIES ALLOWANCE 32

13. TASMANIAN MINIMUM WAGE 33

PART III – CLASSIFICATION AND RELATED MATTERS 34

1. CLASSIFICATION DESCRIPTORS 34

(a) Introduction 34

(b) Qualifications and Essential Requirements 34

2. REFERENCE FRAMEWORK 36

(a) Task 36

(b) Discipline 36

(d) Activities 36

(f) Function 37

(g) Policy 37

(h) Strategy 37

3. SUMMARY OF DIFFERENCES BETWEEN BANDS 37

(a) Band 1 37

(b) Difference Between Band 1 and Band 2 37

(d) Difference Between Band 3 and Band 4 37

(e) Difference Between Band 4 and Band 5 38

(f) Difference Between Band 5 and Band 6 38

4. BAND DESCRIPTORS 38

Band 1 38

Band 2 40

Band 3 41

Band 4 43

Band 5 46

Band 6 48

PART IV – EXPENSE AND OTHER ALLOWANCES 52

1. DISTRICT ALLOWANCES 52

(a) Camp 52

(b) District 52

2. MEAL ALLOWANCES 55

(a) Meal Allowance – Overtime 55

(b) Meal Allowance – Day Travel 56

(d) Meal Allowance – Rates 56

3. TRAVEL ALLOWANCES 56

(a) Travelling 56

(b) Excess Fares 59

4. KILOMETREAGE ALLOWANCE 60

5. SPECIAL ACCOMMODATION RATE ON TRANSFER 62

6. FIRST AID CERTIFICATE ALLOWANCE 62

7. TESTING AND TAGGING ALLOWANCE 62

8. COXSWAIN'S CERTIFICATE ALLOWANCE 63

9. DIVING ALLOWANCEs 63

(a) Diving 63

(b) Diving Operations Supervision 63

PART V – WORKPLACE FLEXIBILITY 64

1. WORKLOAD MANAGEMENT 64

2. WORK-LIFE BALANCE 64

3. WORKPLACE FLEXIBILITY ARRANGEMENTS 65

(a) Workplace Flexibility Arrangements 65

(b) Entering and Terminating Workplace Flexibility Arrangements 66

(d) Union Participation in Negotiating a Workplace Flexibility Agreement 67

PART VI – HOURS OF WORK AND OVERTIME FOR DAY WORK 68

1. ORDINARY HOURS OF WORK FOR DAY WORK 68

2. WORKING HOURS - SHIFT WORK 70

3. BUSHFIRE FIGHTING 74

4. MEAL BREAKS, ALLOWANCES AND REST PAUSES 77

5. OVERTIME 78

6 AVAILABILITY 83

PART VII – LEAVE AND HOLIDAYS WITH PAY 85

1. HOLIDAYS WITH PAY 85

2. PARENTAL LEAVE 85

(a) Definitions 85

(b) Entitlement 87

(d) Special Maternity Leave 89

(e) Partner Leave 90

(f) Adoption Leave 90

(g) Variation of Period of Parental Leave 91

(h) Parental Leave and Other Entitlements 92

(i) Transfer to a Safe Job 93

(j) Returning to Work After a Period of Parental Leave 93

(k) Right to Request 94

(l) Replacement Employees 94

(m) Communication During Parental Leave 94

3. PERSONAL LEAVE 95

(a) Definitions 95

((b) Amount of Personal Leave 96

(d) Personal Leave Triennium Entitlement for Permanent Employees 97

(e) Personal Leave Entitlement for Fixed Term Employees 98

(f) Change from Fixed Term Employment to Permanent Employment Status 98

(g) The Effect of Workers Compensation 99

(h) Personal Leave for Personal Injury or Sickness 99

(i) Personal Leave to Care for an Immediate Family or Household Member 99

(j) Sole Person Accessing Leave 99

(k) Employee Must Give Notice 99

(l) Evidence Supporting Claim 100

(m) Days Without Medical Certificate for Personal Injury or Illness 101

(n) Calculation of Personal Leave Year 101

(o) Verification of Illness 102

(p) Unpaid Personal Leave 102

(q) Casual Employees 102

4. COMPASSIONATE AND BEREAVEMENT LEAVE 103

(a) Purpose 103

(b) Definitions 103

(d) Relationship to Other Paid Leave 105

(e) Evidence Requirements 105

(f) Unpaid Compassionate and Bereavement Leave 105

(g) Casual Employees 105

5. RECREATION LEAVE 105

(a) Entitlement to Recreation Leave 105

(b) Payment for the Period of Recreation Leave 106

(d) Maximum Accrual of Recreation Leave 106

(e) Employer is to Enable Recreation Leave to be Taken 107

(f) Personal Leave Requirements During Recreation Leave 107

(g) Allowance in Lieu of Recreation Leave on Termination 107

(h) Recreation Leave in Advance of Accrual 108

(i) Time of Taking Recreation Leave 108

(j) Recreation Leave in One or More Periods 108

(k) Payment in Lieu Prohibited 108

(l) Loading in Lieu of Paid Leave 108

(m) Cancellation of Approved Recreation Leave by the Employer 109

(n) Re-call to Work During a Period of Approved Recreation Leave 109

6. STATE SERVICE ACCUMULATED LEAVE SCHEME 109

(a) Summary of Scheme 109

(b) Interpretation 110

(d) Application of SSALS 111

(e) How to Participate in SSALS 112

(f) Conditions and Administrative Arrangements 112

7. JURY SERVICE 116

8. PURCHASED LEAVE SCHEME (PLS) 116

9. DEFENCE FORCE LEAVE 118

10. Family Violence Leave 119

(a) Purpose of Family Violence Leave 119

(b) Definitions 119

(d) Payment of Family Violence Leave 120

(e) Evidence for Family Violence Leave 120

(f) Access to Personal Leave 121

(g) Other Support Options 121

(h) Employee to Give Notice 121

(i) Contact Officer for Family Violence 121

(j) Casual Employees 122

PART VIII – UNIFORMS, PROTECTIVE CLOTHING AND EQUIPMENT 123

1. UNIFORMS 123

2. PROTECTIVE CLOTHING, EQUIPMENT, TOOLS AND PERSONAL EFFECTS 123

3. CLOTHING AND FOOTWEAR ALLOWANCE FOR CASUAL EMPLOYEES ENGAGED IN BUSHFIRE FIGHTING 123

PART IX – AWARD COMPLIANCE AND UNION MATTERS 125

1. RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE 125

2. WORKPLACE DELEGATES 125

3. NOTICE BOARD 127

4. RECORDS OF EMPLOYMENT 127

PART X – CONSULTATION AND CHANGE: GRIEVANCE AND DISPUTE RESOLUTION 128

1. CONSULTATION AND CHANGE 128

APPENDIX 1 – TRANSLATION ARRANGEMENTS 130

1. TRANSLATION OF CLASSIFICATIONS UNDER THE FOUR STREAM AWARDS 130

2. TRANSLATION AND TARGETED OCCUPATIONAL GROUPS (TOGS) 131

3. REVIEW PROCESS 131

(a) Introduction 131

(b) Employee Notification (Initial) 132

(d) Internal Agency Review Process 133

(e) External Review (If Dissatisfied With Internal Review) 133

(f) Date of Effect 133

(g) Translation 133

APPENDIX 2 134

FIRE CREW - FINAL OPERATIONAL STRUCTURE 134

APPENDIX 3 137

ROYAL TASMANIAN BOTANICAL GARDENS 137

APPENDIX 4 138

PARKS AND WILDLIFE SERVICE 138

APPENDIX 5 - PURCHASED LEAVE SCHEME SALARIES FOR GENERAL STREAM 139

4. DATE OF OPERATION

This award shall come into operation from the first full pay period to commence on or after 22 December 2016.

5. AWARD INTEREST

(a) The following employee organisations are deemed to have an interest in this award pursuant to section 63(10) of the Industrial Relations Act 1984:

The Australian Workers' Union, Tasmania Branch

(b) The employer deemed to be an employer organisation having an interest in this award pursuant to section 62(4) of the Industrial Relations Act 1984:

The Minister administering the State Service Act 2000.

6. SUPERSESSION

This award incorporates and supersedes the AWU (Tasmanian State Sector) Award No 2 of 2016 (Consolidated).

7. DEFINITIONS

In this award, unless the contrary intention appears:

‘Employee’ means a person who is employed pursuant to the provisions of sections 37(3)(a) and 37(3)(b) of the State Service Act 2000.

‘Employer’ means the Minister administering the State Service Act 2000.

‘fire season’ the period during which wildfires are likely to occur, spread and do sufficient damage to warrant organised fire control in Tasmania the length of the season varies from year to year.

'Normal salary rate' means an employee’s normal salary exclusive of all allowances and penalty payments as prescribed by Part II – Salary and Related Matters, Clause 3 Salaries of this Award.

*'Call out' means the circumstances in which an employee, as a consequence of being called out, actually returns to the workplace or a place of work.

'Employee organisation' means The Australian Workers’ Union, Tasmania Branch

8. EMPLOYMENT CATEGORIES

In this award, unless the contrary intention appears:

‘Permanent full-time employee’ means a person who is appointed to work the full ordinary hours of work each week (as defined) and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000.

‘Permanent part-time employee’ means a person who is appointed to work hours that are less in number than a full-time employee and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000.

‘Fixed term employee’ means a person engaged for a specified term or for the duration of a specified task in accordance with section 37(3)(b) of the State Service Act 2000.

‘Casual employee’ means a person engaged on an irregular basis and at short notice and where the offer of engagement may be accepted or rejected on each and every occasion, thus excluding a casual employee from being placed on a regular employment roster, and is paid a loading in addition to the normal salary rate in lieu of paid leave entitlements and Holidays with Pay as prescribed by Part IX – Leave and Holidays with Pay of this award. The loading paid to a casual employee is set out in Part II – Salaries and Related Matters, Clause 1 of this Award.

9. CONTRACT OF EMPLOYMENT

(a) Except as otherwise provided by the State Service Act 2000, employment is by the fortnight. Any employee not specifically engaged as a casual employee is deemed to be employed by the fortnight.

(b) An employee (other than a casual employee) who is willing to work his or her normal ordinary hours of work, is entitled to be paid a full fortnight's salary at a rate fixed by this award or relevant industrial agreement.

(d) A casual employee is to be given a minimum of two hours work or pay on each occasion they are required to attend work unless otherwise mutually agreed by the employee, employer and relevant union.

10. ABANDONMENT OF EMPLOYMENT

An employee who is absent from work without justifiable cause for more than 14 days without notifying the employer of the reason for the absence, is to be considered on face value to have abandoned their employment. Service is deemed to have ceased from that time (that is, 14 days from the first day of absence).

11. TERMINATION OF EMPLOYMENT

The provisions of this clause are to be read in conjunction with, and subject to, the provisions of ss.43, 44 and 45 of Part 7 of the State Service Act 2000.

(a) Notice of termination by employer

(i) In order to terminate the employment of an employee other than a fixed term employee (including a casual employee), the employer shall give to the employee the period of notice specified in the table below:

Period of continuous service / Period of notice
1 year or less / 1 week
Over 1 year and up to the completion of 3 years / 2 weeks
Over 3 years and up to the completion of 5 years / 3 weeks
Over 5 years of completed service / 4 weeks

(ii) In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

(iii) Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.