Mackay Regional Council v Queensland Services, Industrial; Union of Employees & Ors (No 4)
[2022] QIRC 142
•19 April 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: Mackay Regional Council v Queensland Services, Industrial
Union of Employees & Ors (No 4) [2022] QIRC 142PARTIES: MACKAY REGIONAL COUNCIL
(applicant)
v
QUEENSLAND SERVICES, INDUSTRIAL UNION OF
EMPLOYEES & OTHERS
(respondent)FILE NO: CB/2021/10 PROCEEDING: Arbitration DELIVERED ON: 19 April 2022 HEARING DATE: 19, 20 and 21 January 2022 MEMBER: Davis J, President, O’Connor VP, Hartigan IC HEARD AT: Mackay ORDERS:
1.
The Mackay Regional Council Certified Agreement 2017 is terminated.
2.
The arbitration determination, being the Mackay Regional Council Determination 2022, is issued in terms attached to these reasons.
3.
The Mackay Regional Council Determination 2022 shall operate from 19 April 2022 until its nominal expiry date of 30 June 2024.
CATCHWORDS:
INDUSTRIAL LAW – ARBITRATION – IF CONCILIATION UNSUCCESSFUL – parties directed to settle terms of determination – arbitration determination issued
Industrial Relations Act 2016 (Qld), ss 180 and 228 CASES: Mackay Regional Council v Queensland Services, Industrial
Union of Employees & Ors (No 3) [2022] QIRC 98APPEARANCES:
A Bigby (Mackay Regional Council), N Henderson and M Robertson (Queensland Services, Industrial Union of Employees), G Harradine (Construction, Forestry, Mining &
Energy Union, Industrial Union of Employees, Queensland), T Fernandez (Plumbing and Pipe Trades Employees’ Union), T McQuillan (The Australian Workers’ Union of Employees, Queensland)
Reasons for Decision
[1] On 28 June 2021, this matter was referred to a full bench of the Commission for an arbitration determination.
[2] On 23 March 2022, the Full Bench, as currently constituted, published its reasons with respect to the disputed matters which were the subject of the arbitration hearing,[1] and issued a direction in the following terms:
[1] Mackay Regional Council v Queensland Services, Industrial Union of Employees & Ors (No 3) [2022] QIRC
The parties are directed to jointly file in the Industrial Registry, a draft agreed determination that reflects the full and complete terms of the clauses of each matter agreed between the parties and the determination of the matters in dispute as contained in these reasons by 4.00 pm on 30 March 2022.
[3] The parties have subsequently provided a draft agreed Determination in accordance with the direction.
Termination of Mackay Regional Council Certified Agreement 2017[2] (the 2017
Agreement)[2] CB/2017/80[4] It is appropriate that the 2017 Agreement be terminated.
[5] The 2017 Agreement has a nominal expiry date of 30 June 2020. We are satisfied that the 2017 Agreement does not include any provisions recording that any particular conditions need be met before it may be terminated.[3] We are further satisfied that all parties to the 2017 Agreement agree to it being terminated[4] and that the termination of the 2017 Agreement is not contrary to the public interest.[5]
[3] Industrial Relations Act 2016, s 228(3).[4] Industrial Relations Act 2016, s228(3)(b)(i).[5] Industrial Relations Act 2016, s228(3)(b)(ii).[6] Accordingly, the 2017 Agreement is terminated with effect from 19 April 2022.
Arbitration Determination
[7] Attached to these reasons is the Determination reflecting the full and complete terms of the clauses of each matter agreed to between the parties and reflecting the determination of the matters in dispute by the Full Bench.
[8] Section 180(3) of the Industrial Relations Act 2016 (Qld) provides that the full bench must ensure an arbitration determination:
(1) includes the provision and other matters that it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application;[6] (2) includes any increase in wages ordered by the full bench under subsection (2)(b)
or agreed by the parties during the arbitration.[7][6] Industrial Relations Act 2016, s 180(3)(a).[7] Industrial Relations Act 2016, s 180(3)(b).[9] Having regard to the terms of the agreed matters, together with the determination of the disputed matters, we are satisfied that the Determination includes all matters required to be included in a proposed bargaining instrument, the subject of a part 5 application.
[10] Further, the Determination includes reference to the interim wage increase issued by the Full Bench in October 2021 with respect to the employees covered by Queensland Local Government Industry (Stream A) Award – State 2017 and Queensland Local Government Industry (Stream B) Award – State 2017 ('Stream B Award'), together with the administrative increase in October 2021 awarded by the Mackay Regional Council to employees covered by the Stream B Award and the Queensland Local Government Industry (Stream C) Award – State 2017.
[11] The parties have agreed that the Determination be operative from 19 April 2022 until its nominal expiry date of 30 June 2024.
[12] We order:
1. The Mackay Regional Council Certified Agreement 2017 is terminated.
2. The arbitration determination, being the Mackay Regional Council Determination 2022, is issued in terms attached to these reasons.
3. The Mackay Regional Council Determination 2022 shall operate from 19 April 2022 until its nominal expiry date of 30 June 2024.
TABLE OF CONTENTS
Part One – General Provisions .................................................................................................................................3
1. Title .............................................................................................................................................................3
2. Application, coverage and parties bound ................................................................................................3
3. Date and period of operation ....................................................................................................................3
4. Relationship to the parent award .............................................................................................................3
5. No extra claims ...........................................................................................................................................4
6. Definitions ...................................................................................................................................................4
7. Purpose and objectives of the determination ..........................................................................................5
| 8. Part Two – Terms of Employment ...........................................................................................................................6 | Productivity and efficiency measures .......................................................................................................6 |
9. Types of engagement ..................................................................................................................................6
| 10. Part Three – Hours of Work ...................................................................................................................................11 | Dispute resolution process .......................................................................................................................10 |
11. Span and spread of hours ........................................................................................................................11
12. Shift work .................................................................................................................................................14
13. Overtime and time off in lieu (toil) .........................................................................................................14
| 14. Part Four – Flexible Working Arrangements .......................................................................................................18 | Meal and rest breaks ...............................................................................................................................17 |
15. Flexible working arrangements ..............................................................................................................18
16. Secondary remuneration agreement ......................................................................................................19
17. Rostered days off (rdo) ............................................................................................................................19
| 18. Part Five – Salary And Wages ................................................................................................................................21 | Rostered days off (rdo) – customer service ............................................................................................20 |
19. Salary and wages ......................................................................................................................................21
20. Payment of salary and wages ..................................................................................................................21
21. Salary increments .....................................................................................................................................21
22. Junior rates of pay ...................................................................................................................................22
23. Allowances ................................................................................................................................................22
24. Classification and reclassification...........................................................................................................27
25. Higher duties ............................................................................................................................................27
26. Occupational superannuation .................................................................................................................27
| 27. Part Six – Leave .......................................................................................................................................................28 | Salary sacrifice .........................................................................................................................................28 |
28. Annual leave .............................................................................................................................................28
29. Personal leave ...........................................................................................................................................30
30. Public holidays .........................................................................................................................................32
31. Long service leave ....................................................................................................................................32
32. Parental leave ...........................................................................................................................................33
33. Bereavement leave ...................................................................................................................................33
34. Domestic and family violence leave ........................................................................................................34
35. Natural disaster leave ..............................................................................................................................34
36. Cultural and ceremonial leave ................................................................................................................34
37. Service leave .............................................................................................................................................34
38. Leave without pay for special circumstances ........................................................................................35
| 39. Part Seven – Employment Security, Consultation, Communication And Management Of Workplace Change | Transition to retirement arrangements .................................................................................................35 |
40. Joint consultative committee (jcc) ..........................................................................................................35
41. Transmission of business .........................................................................................................................37
42. Employment security ...............................................................................................................................39
43. Redundancy ..............................................................................................................................................41
| 44. Part Eight – Other Provisions .................................................................................................................................44 | No forced redundancy .............................................................................................................................44 |
45. Employee assistance program .................................................................................................................44
46. Workplace health and safety ...................................................................................................................44
47. Health and wellbeing committee .............................................................................................................45
48. Training and development ......................................................................................................................46
49. Mental health and wellbeing ...................................................................................................................47
50. Posting determination ..............................................................................................................................47
| 51. Part Nine – Schedules To The Determination .......................................................................................................50 | Union leave and recognition ....................................................................................................................48 |
52. Schedule 1 – Salary Scales – Stream A Employees ...............................................................................51
53. Schedule 2 – Salary Scales – Stream B And C Employees (Excluding Mecc) ....................................53
54. Schedule 3 – Salary Scales – Stream B Mecc Employees .....................................................................54
55. Schedule 4 – Five (5) In Seven (7) Provisions ........................................................................................55
56. Schedule 5 – Existing Agreements Technical Services Program .........................................................59
57. Schedule 6 – Identified Positions - Rdo ..................................................................................................64
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PART ONE – GENERAL PROVISIONS
1. TITLE
| 1.1. | This Determination shall be known as the Mackay Regional Council Determination 2022. |
2. APPLICATION, COVERAGE AND PARTIES BOUND
| 1.2. | This Determination applies to, and is binding on, Mackay Regional Council, all of its employees (except where specifically excluded within this Determination) and the following Unions: | |||||||||||||
| ||||||||||||||
| 1.3. | This Determination does not apply to the Chief Executive Officer (CEO) or to any senior officers (as defined by the Stream A Award) in instances where the Council and the senior officer concerned enter into a written contract of employment which states that the Award is not to apply to the terms and conditions of employment of the senior officer. |
DATE AND PERIOD OF OPERATION
| 3.1. | This Determination shall operate from the date 19 April 2022. Salaries and wages will be paid at the rates as per Schedules 1, 2 and 3 with effect from the first full pay period after 1 July 2022. |
| 3.2. | The nominal expiry date of this Determination is 30 June 2024. |
| 3.3. | This Determination will continue to operate until it is terminated or replaced subject to the provisions of the Industrial Relations Act 2016. |
| 3.4. | The parties undertake to commence discussion on a replacement Certified Agreement no less than six (6) months prior to the nominal expiry of this Determination. |
RELATIONSHIP TO THE PARENT AWARD
| 4.1. | This Determination shall be read and interpreted in conjunction with the terms of the following parent Awards: |
a. Queensland Local Government Industry (Stream A) Award – State 2017
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b. Queensland Local Government Industry (Stream B) Award – State 2017 c. Queensland Local Government Industry (Stream C) Award – State 2017
| 4.2. | Where there is any inconsistency between this Determination and the applicable parent Award, this Determination shall prevail to the extent of the inconsistency. |
| 4.3. | Where this Determination is silent, the terms of the applicable parent Award shall apply. |
NO EXTRA CLAIMS
| 5.1. | The parties to this Determination agree not to pursue any further claims during the duration of this Determination. |
| 5.2. | The parties agree that any variation that may occur to an Award entitlement during the life of this Determination that provides a more generous entitlement than those prescribed by this Determination, will apply. |
| 5.3. | The rates of pay specified in this Determination and the documented escalation for pay rates shall apply for the duration of this Determination. |
6. DEFINITIONS
Act shall mean the Queensland Industrial Relations Act 2016.
Apprentice shall mean an apprentice as defined by the Further Education and Training Act 2014 who is engaged in a relevant full-time apprenticeship with Council.
Award shall mean all relevant parent Awards listed in this Determination. CEO means the Chief Executive Officer of the Mackay Regional Council. Commission shall mean the Queensland Industrial Relations Commission constituted pursuant to the Act.
Commissioner shall mean a Commissioner of the Commission.
Continuous Service (in regards to a transfer entitlement) shall mean service with a Queensland local government authority or with more than one (1) Council which has been continuous except for the employee having been dismissed or stood down, or by the employer having terminated the employee’s service with the Council provided that the employee shall have been re-employed by that Council or some other Council within a period not exceeding the combination of any period of unused annual leave when the employee ceased employment with the employee’s previous Council, plus a further period of four (4) weeks.
Council shall mean Mackay Regional Council.
Employee shall mean an employee of Mackay Regional Council.
Employer shall mean the Mackay Regional Council.
Entertainment Precinct shall mean MECC.
Hourly rate or an employees' hourly rate shall mean the Determination rate of pay prescribed by this Determination for the work performed divided by the number of hours which constitute the employee’s ordinary
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working week.
Immediate Family shall mean spouse and partner (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person who lives with the employee as their partner (including same-sex partner), husband or wife on a bona fide domestic basis. Child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild, or sibling of the employee or spouse of the employee.
JCC shall mean Joint Consultative Committee.
MECC shall mean the Mackay Entertainment and Convention Centre.
Nominated Representative shall mean in relation to an employee, a person selected by the employee to assist or represent the employee. The person may be either another employee of Council or, at the request of the employee, an officer or employee of the relevant Unions, or any person chosen by the employee who does not present a conflict of interest (but not if such a person is a current practicing solicitor or barrister).
RDO shall mean Rostered Day Off. TOIL shall mean Time Off in Lieu. Trainee shall mean a trainee as defined by the Further Education and Training Act 2014 who is engaged in a
relevant traineeship of at least a twelve (12) month period with the Council. So, there is no doubt, any other form
of trainee will not be covered by this Determination.
Unions shall mean and refers to the union/s as outlined in Clause 2 of this Determination.
PURPOSE AND OBJECTIVES OF THE DETERMINATION
| 7.1. | The purpose of this Determination is to: |
a. improve productivity and efficiency within the Council; b. facilitate greater flexibility of working arrangements within the framework of this Determination; c.
provide certainty, stability and equity in relation to overall pay increases and conditions for the period of operation of this Determination;
d. provide the time, resources, processes and people for the above to occur; e. comply with all relevant Legislation.
| 7.2. | Objectives of the Determination: |
7.2.1. Increase both accountability and responsiveness to the community and deliver significant benefits to
the customers of the Council.7.2.2.
Participation by the Council, management, employees and their union/s, where appropriate, and customers in the continuous improvement process, particularly in the development of more efficient work practices and quality improvement.
7.2.3. Use of the Council’s best endeavours to maintain employment security for all current employees. 7.2.4. Achieve ‘best practice’ in all areas of the Council and equal opportunity, Occupational Health and
Safety (OHS) and environmental performance.7.2.5. Develop a team approach and a more cooperative working environment.
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7.2.6. Prevent discriminatory practices and procedures. 7.2.7. No employee shall be disadvantaged in respect of the following as a result of the implementation of
this Determination:
a. employment security; b. wage/salary and conditions of employment; c. career structure; d. occupational health and safety.
PRODUCTIVITY AND EFFICIENCY MEASURES
| 8.1. | Productivity Measurement |
8.1.1. The parties agree that quantitative measurement of productivity is difficult in the service sector, and
in Local Government in particular.8.1.2. The parties recognise that improved service to the public and internal clients constitutes a productivity
increase within the Council.8.1.3. Where possible, the parties will aim to improve the quality, efficiency and accessibility of client
service.
| 8.2. | Productivity and Efficiency Improvements |
8.2.1. All parties agree and commit to achieving improvement in productivity and efficiency.
PART TWO – TERMS OF EMPLOYMENT
TYPES OF ENGAGEMENT
| 9.1. | Employees will be employed in one (1) of the following categories: |
a. full-time employment; b. part-time/job share employment; c. casual employment; d. maximum term employment.
| 9.2. | Upon engagement, the Council shall provide to an employee, details of their employment in writing stipulating the terms of their engagement and in particular whether they are to be full-time, part-time/job share, casual or maximum term and: |
a. the basis of their employment; b. the duties required (position description); c. any specific periods of work; d. the rate of pay; e. location of appointment.
| 9.3. | Full-Time Employment |
9.3.1.
Full-time employment means employment which requires the employee to work full-time hours per week or such ordinary hours as determined in accordance with this Determination. Full-time employment does not include part-time/job share, casual or maximum term employment as defined
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by this Determination.
9.3.2. For the purposes of Clause 9.3 full-time hours are deemed to be thirty-six (36) and a quarter (¼) per
week for Stream A employees and thirty-eight (38) hours per week for Stream B and C employees.
| 9.4. | Part-Time Employment |
9.4.1. Part-time employment means employment for less than the normal weekly ordinary hours specified
for a full-time employee for which all Determination entitlements are paid on a pro-rata/ basis.9.4.2.
At the time of engagement, the Council and the part-time employee will agree in writing on a pattern of work relevant to the position. This pattern can be modified at any time mutually agreed between the Council and employee.
9.4.3.
A part-time employee employed under the provisions of this Clause must be paid at an ordinary hourly rate calculated by dividing the annual Determination salary for the classification in which the employee is employed by fifty-two (52) and dividing the result by the full-time hours of the role, in accordance with Clause 9.3.2.
9.4.4.
Part-time employees will be paid at ordinary time when they agree to work additional hours up to the ordinary hours of a full-time employee. Overtime will apply after exceeding the ordinary hours of a full time employee per day, or per week, as in the same way that it applies to a full-time employee.
9.4.5.
A part-time employee may refuse, and the Council must not attempt to force, a part-time employee to work any hours over and above their normal part-time hours in circumstances that would be unreasonable having regard to:
a. any risk to the employee’s health and safety; b. the employee’s personal circumstances including any family responsibilities; c. the needs for the workplace and enterprise; d.
the notice (if any) given by the Council of the additional hours and by the employee of their intention to refuse it;
e. any other relevant matter.
| 9.5. | Job-Share Employment |
9.5.1.
Any permanent full-time position may be filled by two (2) part-time employees on a job-sharing basis where job-sharing is convenient to the requirements of the position and there is agreement between the employees and the Council. The parties to this Determination agree that job-sharing arrangements do not require an equal (50:50) division of the position. The arrangements of the job share will be contained in a written agreement signed by the individual employees concerned, relevant supervisor and CEO or delegated authority.
9.5.2.
Employees so employed shall be engaged as per the provisions of this Determination, with all entitlements provided on a pro-rata basis. All arrangements made pursuant to this Clause shall be subject to an annual review process, in order to assess the effectiveness of the position being performed in this manner.
| 9.6. | Casual Employment |
9.6.1.
Casual employee shall mean an employee engaged and paid as such, who is employed on an hourly basis with a minimum engagement period and whose employment is subject to termination with at least one (1) days' notice that their services are no longer required.
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| 9.7. | Minimum Period of Engagement – Casual Employment |
9.7.1. Casual employees shall be engaged for a minimum period of two (2) hours on each engagement or be
paid for a minimum of two (2) hours at the appropriate casual rate.9.7.2. In the absence of one (1) days' notice of non-requirement of services (cessation of engagement), any
rostered times within the twenty-four (24) hours of the notice period will be paid.
| 9.8. | Hours of Work – Casual Employment |
9.8.1.
For Stream A employees, Saturdays and Sundays are to be regarded as ordinary time days. Casual employees are able to work any five (5) out of seven (7) days at ordinary rates between the hours of 6:00am and 9:30pm.
The ordinary hours of duties for casual employees shall be a maximum of thirty-six (36) and a quarter
(¼) per week or seven (7) and a quarter (¼) per day.9.8.2. For Stream B and C employees, Monday to Friday are to be regarded as ordinary time days. Casual
employees are able to work at ordinary rates between the hours of 6:00am and 6:00pm.
The ordinary hours of duties for casual employees shall be a maximum of thirty-eight (38) per week
or seven (7) hours thirty-six (36) minutes in any one (1) day.
| 9.9. | Rates of Pay – Casual Employment |
9.9.1.
For Stream A employees, the ordinary hourly rate of pay of casual employees shall be ascertained by dividing the annual salary for the classification in which the employee is employed by fifty-two (52) and dividing the resultant answer by thirty-six (36) and a quarter (¼) and adding the following loadings:
a.
For all Stream A casual employees who commenced with the Council prior to the lodgement of the Mackay Regional Council Certified Agreement 2008 and who for a period of at least twelve (12) months regularly worked in excess of ten (10) hours per week:
For all Ordinary Time Worked Between Loading on Hourly Rate Monday – Friday 6:00am to 6:00pm 25% Monday – Friday 6:00pm to 9:30pm and 31% Saturday 6:00am to 12:00pm
All other times 75%
b. For all other Stream A casual employees:
For all Ordinary Time Worked Between Loading on Hourly Rate Monday – Friday 6:00am to 6:00pm 25%
All other times 31%
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9.9.2.
For Stream B and C employees, the ordinary hourly rate of pay of casual employees shall be ascertained by dividing the annual salary for the classification in which the employee is employed by fifty-two (52) and dividing the resultant answer by thirty-eight (38) and adding the following loadings:
For all Ordinary Time Worked Between Loading on Hourly Rate Monday – Friday 6:00am to 6:00pm 25%
| 9.10. | Overtime – Casual Employment |
9.10.1.
All time worked by a casual employee outside or in excess of the ordinary hours of duty shall be deemed overtime and be paid for at the appropriate hourly rate plus 50% on Monday to Friday; plus 100% on Saturday and Sunday.
To provide clarity the calculation is - Base rate + (base rate x casual loading) + (base rate x penalty).
E.g. $17.35 + ($17.35 x 25%) + ($17.35 x 50%) = $30.37 per hour.
| 9.11. | Casual Conversion |
9.11.1.
Casual employees who have been employed for consistent hours for a period in excess of twelve (12) months will be provided with the opportunity to apply for appointment on a permanent basis. In considering these applications, the Council will not unreasonably refuse, providing:
a. management believes a continuing need for the role exists; and b. the agreed scheduled hours are at ordinary time.
9.11.2. Other Conditions – Casual Employment
The provisions of the following Clauses shall not apply to casual employees: 11, 12, 13, 28, 29, 30,
40, and 41.
All other provisions of the Determination shall apply except to the extent they are superseded or
modified by the provisions of Clause 9.6.
| 9.12. | Caring Responsibilities – Casual Employment |
9.12.1. Subject to the satisfactory evidentiary and notice requirements in Clause 9.6.1, casual employees are
entitled to not be available to attend work or to leave work:
a.
if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency or the birth of a child; or
b. upon the death of an immediate family or household member.
9.12.2.
The Council and the employee shall agree on the period for which the employee will be entitled to be unavailable to attend work. In the absence of an agreement, the employee is entitled to be unavailable to attend work for up to forty-eight (48) hours (i.e. two (2) days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
9.12.3.
The Council must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this Clause. The rights of the Council to engage or not to engage a casual employee are otherwise not affected.
| 9.13. | Maximum Term Employment |
9.13.1. Maximum term employment means employment for a specified period of time for a specified task,
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and which (subject to “notice of termination” requirements) may be terminated at any time by the
Council or by the employee.
9.13.2. A maximum term contract can be terminated in accordance with Clause 9.13.1 of this Determination
by the Council, only in any one (1) of the following circumstances:
a. by written agreement with the employee; b.
in the event of an employee’s “incapacity” which prevents the employee from performing their duties under the Determination;
c. without notice in the event of misconduct; d.
by providing the employee with six (6) months' pay in lieu of notice or the pay due to the employee for the balance of the contract, whichever is the lesser amount;
e.
the Council and the employee may agree in writing that the six (6) months' pay in lieu of notice period (or the balance of the contract), in whole or part, will be worked by the employee.
9.13.3. An employee employed on a maximum term contract in accordance with this Clause may terminate a contract by the giving of four (4) weeks’ notice or the forfeiture of salary for any shortfall in the four (4) weeks period of notice. 9.13.4. This Determination shall apply to an employee employed on a maximum term contract, except to the
extent that the determination expressly provides that it does not apply.10. DISPUTE RESOLUTION PROCESS
Effective communication between employees and Council management is a prerequisite to good industrial relations and the following procedure is set down in order that any grievances may be resolved quickly to maintain efficient and sound working relationships.
In the event of any grievance arising and/or disagreement between the Council and its employee/s in relation to this Determination or any work-related matter the following procedures shall be applied. However, the below procedures do not restrict a delegate of the Council and the employee or their nominated representative/s from making representation to each other at any step in this procedure:
Step One (1)
Any employee/s with a grievance or complaint regarding any aspect of the employment will promptly raise the matter/s with their immediate supervisor. The employee may request representation from their union/s or nominated representative/s.
Step Two (2)
If the matter is not resolved at Step One (1), the employee/s shall discuss the matter/s at issue with the next higher level of management. The employee/s may elect to be represented by an elected workplace delegate and/or an authorised officer of the relevant union/s or the employees’ nominated representative/s.
Step Three (3)
Should the grievance remain unresolved, the matter should then be referred to the CEO or delegated person of authority, and the employee may elect to be represented by an elected workplace delegate and/or authorised officer of the relevant union/s or the employees’ nominated representative/s who will attempt to facilitate a resolution.
Sensible time limits shall be allowed for the completion of the various steps of the discussions. Discussions outlined in Steps One (1) and Two (2) above should, if possible, take place within twenty-four (24) hours after the request
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of the employee or the employee’s representative. At least seven (7) working days should be allowed for all steps
of the discussions to be finalised, unless otherwise agreed, in writing, by the parties.
If, after the above steps, the matter remains unresolved, the dispute shall be referred to the Commission for
conciliation and if the matter remains unresolved, arbitration. The decision by the Commission will be binding on
all parties to the dispute.
Whilst the grievance and disputes procedure is being followed, the “status quo”, i.e. continuation of work and
customary work practices, shall prevail and every endeavour shall be applied to ensure that normal work practices
continue, until such time as a settlement is reached, except where a bona fide workplace health and safety issue is
involved.
Where a bona fide workplace health and safety issue is involved, an employee shall not work in an unsafe
environment. Where appropriate, the employee shall accept reassignment to alternative suitable duties or an
alternative work environment whilst a resolution to the dispute is pending.
All parties shall give due consideration to matters raised or any suggestion or recommendation made by the
Commission with a view to prompt settlement of the matter.
Where the grievance involves allegations of sexual harassment an employee should commence the procedure atStep Three (3).
PART THREE – HOURS OF WORK
SPAN AND SPREAD OF HOURS
In recognition of diversity of hours of service for local governments, all provisions regarding five (5) in seven (7) rosters for all employees are set out in Schedule 4.
Hours of Work for Stream A Employees
| 11.1. | The ordinary hours of work for all Stream A employees shall be in accordance with the hours Clauses contained within the Stream A Award. |
| 11.2. | The ordinary hours of work shall be thirty-six (36) and a quarter (¼) hours per week or seven (7) and a quarter (¼) hours per day to be worked Monday to Friday inclusive, between the hours of 6:00am and 6:00pm except where the Council notifies an employee that the employee is to work their ordinary hours of duty in accordance with Schedule 4. |
| 11.3. | Where a work group requests or is requested to extend their ordinary hours outside of the range allowed, all individuals (who may be represented by a nominated representative) within the work group will be bound to do so by the consent of the majority of the individuals within that work group. |
| 11.4. | The ordinary hours of duty of employees having other workers under their immediate supervision shall, if so determined by the Council, be the same as the ordinary hours of the workers supervised, subject to the conditions prescribed by Clauses 11.5, 11.6 and 11.7 hereunder, provided that this Clause shall not apply to employees holding professional qualifications and for the purpose of this Clause Engineering Surveyors shall be deemed to be included in that category. |
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| 11.5. | Where supervisors/forepersons are required by the Council to work a thirty-eight (38) hour week to supervise staff working a thirty-eight (38) hour week, supervisors/forepersons will be remunerated for thirty-eight (38) ordinary hours per week paid at ordinary time. |
| 11.6. | The ordinary time paid rate (hourly) for supervisors/forepersons required to work thirty-eight (38) hours per week will be calculated by the applicable rate in Schedule 1 divided by fifty-two (52) and dividing the resultant answer by thirty-six (36) and a quarter (¼). |
| 11.7. | Such employees shall, whilst supervising outdoor staff covered by this Determination, who are in receipt of allowances or special rates, as listed hereunder, be paid such allowances in the same terms and for the same periods as those applicable to the workers being supervised. This will apply when such employees are actually subject to the disabilities which attract those allowances or special rates: |
a. the construction, re-construction, alteration, repair and/or maintenance allowance; b.
any special site rate prescribed by way of compensation for disabilities associated with work on a particular construction site or project;
c.
any other work disability rate or allowance to compensate for disabilities associated with work carried out under special or extraordinary circumstances or conditions;
d.
where an employee is entitled to an allowance under any other provision of this Determination and is also entitled to a special site rate or disability allowance under this Clause in respect of the same disability, such employee shall not be entitled to receive both allowances but shall receive the higher allowance of the two (2);
e.
Clauses 11.7 and 11.7(a) to 11.7(d) shall not be interpreted so as to include extra payments or allowances such as bonuses or prosperity payments, industry payments or increments for service, tool allowances or allowances available to special classes of employees in consideration of circumstances unrelated to general industry conditions;
f.
further, the term “workers being supervised” shall include all employees whose classifications are contained within this Determination.
| 11.8. | Employees Required to Work Unusual Working Hours Not Classed as Shift Work This Clause shall apply to employees in Civic Centres and employees who attend to the community development and welfare needs to the community. |
11.8.1.
Such employees who are required to work unusual hours shall be paid a 15% loading of ordinary salary to compensate the employee for working irregular hours. The ordinary working hours of these employees shall not exceed seven (7) and a quarter (¼) hours on any one (1) day or thirty-six (36) and a quarter (¼) hours in any one (1) week.
11.8.2.
Such ordinary working hours shall be worked on any five (5) days, Monday to Saturdays (both days inclusive), according to a roster which shall provide for two (2) consecutive days off each week. The roster shall be prepared and displayed to the employees concerned at least two (2) weeks in advance and shall not be varied, except by mutual arrangement between the employee and the Council.
11.8.3.
The ordinary daily hours shall be worked continuously except for meal breaks of not less than half (½) an hour or more than one (1) hours’ duration, which shall not be counted as working time, to be taken at times mutually arranged.
11.8.4.
No employee shall be required to work continuously for more than five (5) hours without a meal break and if such meal break is not given, double time shall be paid for all time worked after the fifth hour until a meal break of half (½) an hour is given or the employee ceases work, whichever is the earlier.
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11.8.5.
Within the above-mentioned limits, the Council shall have the right of fixing starting times, ceasing times and mealtimes and such times shall not be altered without giving at least five (5) days' notice. Such notice is to be exhibited so as to be readily available to the employee/s affected.
Hours of Work for Stream B and C Employees
| 11.9. | For Stream B and C employees, the standard hours of work shall be from 6:00am to 6:00pm Monday to Friday. |
| 11.10. | If the Council intends to adjust starting and/or finishing times prior to 6:00am and/or after 6:00pm, it is to consult with affected staff and gain consent with the majority of affected staff prior to commencement of the change. |
| 11.11. | Where a work group requests or is requested to extend their ordinary hours outside of the range allowed in the relevant parent Award, all individuals (who may be represented by a nominated representative) within the work group will be bound to do so by the consent of the majority of the individuals within that work group. |
11.12. Call-out Roster
A call-out roster will be maintained for plant operators.
| 11.13. | Night Work In the circumstances set out below, employees, upon seven (7) days’ notice, may be required to work all or part of their ordinary hours between 7:00pm and 5:00am Monday to Friday to facilitate works in public areas where major disruption would otherwise occur. These may include, but are not limited to: |
a. line marking; b. road and bridge maintenance and construction; c. traffic system maintenance; d. concrete pours in extreme climatic conditions; e. public road safety works; f. water and sewerage maintenance and construction; g. restriction of public access to business premises.
| 11.14. | In relation to a response to an emergency or disaster, where urgent repair work is necessary for at least two (2) consecutive nights, the seven (7) days notification may be waived, with immediate advice provided to relevant union/s. |
| 11.15. | Any extension to the above circumstances will be by agreement of the majority of employees affected and the relevant union/s. |
| 11.16. | All such ordinary time hours worked between 7:00pm and 5:00am shall incur a penalty of 50% for all hours so worked. |
| 11.17. | These arrangements will apply to: |
a. periods from one (1) week and up to four (4) weeks; b.
periods beyond four (4) weeks only within the agreement of the majority of employees affected and the relevant union/s.
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| 11.18. | The hours of duty shall be inclusive of a thirty (30) minute paid meal break. |
| 11.19. | Overtime worked following night work, between 7:00pm and 5:00am will be paid at double time for the first three (3) hours and double time and a half thereafter. Only in exceptional circumstances may the Council require an employee to work overtime beyond the agreed ordinary hours in any one (1) night. |
| 11.20. | Where, in an emergency, urgent repair work is done at night for less than one (1) week, it will be regarded as ordinary daily hours and incur a penalty based on the overtime penalty. |
12. SHIFT WORK
Shift work provisions, and penalties for employees shall be in accordance with the full provisions of shift work
Clauses contained within the relevant parent Awards outlined in Clause 4.1 of this Determination.
Employees are entitled to a ten (10) hour break before the start of any normal shift.
OVERTIME AND TIME OFF IN LIEU (TOIL)
Overtime and TOIL for Stream A Employees
| 13.1. | Subject to Clause 13.2, the Council may require an employee to work reasonable overtime at overtime rates. |
13.1.1. Mutual agreement on the working of extra time is to be reached before the time is worked, except in
urgent or emergency situations.
| 13.2. | 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 having regard to: |
a. any risk to the employee’s health and safety from working the additional hours; b. the employee’s personal circumstances, including family responsibilities; c. the needs of the workplace in which the employee is employed; d. whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours; e. any notice given by the Council of any request or requirement to work the additional hours; f. any notice given by the employee of the employee’s intention to refuse to work the additional hours; g. the usual patterns of work in the calling in which the employee works; h. the nature of the employee’s role, and the employee’s level of responsibility; i. whether the additional hours are in accordance with averaging terms included under section 24 of the Act, in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the Council and employee under section 25 of the Act;
j. any other relevant matter.
| 13.3. | Except as otherwise provided in this Clause, overtime worked either outside the spread of ordinary hours on any day or in excess of the ordinary weekly hours shall be paid for at the rate of time and a half. |
| 13.4. | The following provisions will apply to an employee in receipt of salary equal to or in excess of the first increment Level 6.1 as detailed in Schedule 1 of this Determination (regardless of the employee’s leave package): |
13.4.1. Subject to the provisions set out in the sub Clauses below, upon claiming for overtime the employee
shall either:
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a.
be given time off (TOIL) equivalent to time worked either outside the spread of ordinary hours of any day or in excess of the weekly hours; or
b. be given payment of overtime at the appropriate overtime rate. Prior agreement on either of these options must be reached by the Council and the employee before undertaking any overtime.
13.4.2.
TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one half for those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
13.4.3. Employees and Supervisors are to apply all reasonable efforts to enable the time accumulated to be
taken off within the six (6) month accumulation period.
| 13.5. | By mutual agreement between employees in receipt of salaries prescribed by Levels 1 to 5 of the salaries detailed in Schedule 1 and the Council, the employee may, upon request for overtime, be given TOIL in lieu of overtime payments. |
| 13.6. | Subject to the provisions set out in the Subclauses below, upon claiming for overtime the Level 1 to 5 employee shall: |
a. be given payment of overtime at the appropriate overtime rate; or b. should the employee so elect, be given time off equivalent to time worked either outside the spread of ordinary hours of any day or in excess of the weekly hours.
Prior agreement on either of these options must be reached by the Council and the employee before undertaking any overtime.
13.6.1.
TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one (1) half (½) for those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
| 13.7. | All overtime worked on Saturdays and Sundays shall be paid at the rate of double time with a minimum payment for three (3) hours. |
| 13.8. | All work done during the recognised meal period shall be paid for at the rate of double time, with such payment to continue until a meal period has commenced. Such meal period shall be of the same duration as the meal period the employee would have enjoyed had the employee not been required to continue working. |
| 13.9. | If the employee is required to leave home to respond to a call for work overtime, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within the three (3) hour period do not trigger additional payments except where work extends beyond the initial three (3) hour period, in which case overtime rates apply for actual time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate, provided that the employee shall not be required to work for such three (3) hours if the work the employee is required to perform is completed within a shorter period. |
| 13.10. | An employee who works so much overtime between the termination of the employee’s ordinary work on the one (1) day and the commencement of the employee’s ordinary work the next day, that the employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this Clause, be released after the completion of such overtime until the employee has had ten (10) consecutive hours off duty without |
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loss of pay for ordinary working time occurring during such absence. If the employee is instructed to resume or to continue work without having had ten (10) consecutive hours off duty, the employee shall be paid at double ordinary rates until they are released from duty for such period and the employee shall be entitled to be absent until they have had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.
| 13.11. | Clauses 13.3, 13.4, 13.5, and 13.6 shall not apply to employees performing shift work as defined in Clause 12 of this Determination, who shall be paid overtime as specified in that Clause. |
Overtime and TOIL for Stream B and C Employees
13.12. Subject to Clause 13.13, the Council may require an employee to work reasonable overtime at overtime rates. Overtime rates will be per the applicable parent Award.
13.12.1. Mutual agreement on the working of extra time is to be reached before the time is worked, except in
urgent or emergency situations.
13.13. 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 having regard to:
a. any risk to the employee’s health and safety from working the additional hours; b. the employee’s personal circumstances, including family responsibilities; c. the needs of the workplace in which the employee is employed; d. whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours; e. any notice given by the Council of any request or requirement to work the additional hours; f. any notice given by the employee of the employee’s intention to refuse to work the additional hours; g. the usual patterns of work in the calling in which the employee works; h. the nature of the employee’s role, and the employee’s level of responsibility; i. whether the additional hours are in accordance with averaging terms included under section 24 of the Act in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the Council and employee under section 25 of the Act;
j. any other relevant matter.
| 13.14. | When overtime is worked, the employee may wish to accrue TOIL rather than be paid the overtime. The accrual of TOIL must be approved by the appropriate supervisor and approval to accrue TOIL should not be unreasonably withheld. When approved the TOIL will accrue at time for time, that is one (1) hours overtime will accrue as one (1) hours TOIL. |
13.14.1.
TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one (1) half (½) of those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
13.14.2. Employees and supervisors are to apply to all reasonable efforts to enable the time accumulated to be
taken off within six (6) month accumulation period.13.14.3. An employee's or supervisor's request for TOIL to be taken will not be unreasonably denied.
| 13.15. | If the employee is required to leave home to respond to a call for work overtime, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within |
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the three (3) hour period do not trigger additional payments except where work extends beyond the initial three (3) hour period, in which case overtime rates apply for actual time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate, provided that the employee shall not be required to work for such three (3) hours if the work the employee is required to perform is completed within a shorter period. Where the relevant parent Award provides for a minimum period greater than three (3) hours then the greater minimum period shall apply for the employees covered by the Award.
Annualised Wage
| 13.16. | Where an employee works irregular hours regularly, they may be offered an annualised wage. Acceptance of such an offer would be at the discretion of the employee. |
13.17. The annualised wage is designed to annualise overtime and/or allowances that would be earned in peak periods and spread over the year.
| 13.18. | To ensure that on balance the employee is not disadvantaged, the employee or the Council may elect to revert to normal overtime and/or allowance payments at the conclusion of the twelve (12) month period by giving one (1) months’ written notice. In the absence of such notice a further twelve (12) month period shall be deemed to commence. |
14. MEAL AND REST BREAKS
| 14.1. | Meal Break The ordinary daily hours shall be worked continuously except for meal breaks of not less than half (½) an hour or more than one (1) hours’ duration, which shall not be counted as working time, to be taken at times mutually arranged, however the break must commence no later than five (5) hours after starting each day. |
| 14.2. | Rest Break The parties agree that the employees covered by this Determination are entitled to take a rest pause in accordance with the relevant parent Award outlined in Clause 4.1 of this Determination. That rest pause may be taken either in the morning or afternoon by agreement reached with each employee’s supervisor. |
| 14.3. | Continuity of Work During Meal Breaks |
14.3.1.
Where the efficiency of Council's operations may be increased through a job being completed or where being continued for up to one (1) hour beyond the start of the normal meal break, the meal break may be delayed up to a maximum of one (1) hour without penalty.
14.3.2. The normal meal break shall be taken on the completion of the job or when one (1) hour has elapsed. 14.3.3.
The duration of a meal break, having been determined as a recognised meal break of the employee, may only be altered by mutual agreement. If the parties do not agree, the status quo will remain until such time as the dispute resolution procedure at Clause 10 is exhausted.
| 14.4. | Part-Time Employee – Meal Breaks Part-time employees required to continue working for more than five (5) consecutive hours shall be allowed a meal break of thirty (30) minutes which shall not be counted as time worked. If such meal break is not given prior to the commencement of the fifth hour of work, double time shall be paid for all work performed from the commencement of the fifth hour until the time a meal break of thirty (30) minutes is given or until |
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cessation of work, whichever is earlier.
| 14.5. | Casual Employee – Meal Breaks |
| Casual employees required to continue working for more than five (5) consecutive hours shall be allowed a meal break of thirty (30) minutes which shall not be counted as time worked. If such meal break is not given prior to the commencement of the fifth hour of work, double rates shall be paid for all work performed until a break of thirty (30) minutes is given or until cessation of work, whichever is earlier. |
PART FOUR – FLEXIBLE WORKING ARRANGEMENTS
15. FLEXIBLE WORKING ARRANGEMENTS
| 15.1. | The parties agree that flexible work arrangements may be developed by agreement with the affected parties in any program within the Council. |
| 15.2. | At the date of commencement of this Determination, any employees working under the arrangements in Schedule 5 are entitled to maintain their flexible working arrangement, subject to the other terms of this Clause. The parties acknowledge the Technical Services Program referenced in Schedule 5 no longer exists and agree to review the Schedule, over the course of the Determination, with the view to remove the Schedule. |
| 15.3. | Flexible working arrangements must satisfy the following four (4) principles: |
a. current customer service requirements continue to be maintained; b. they must be cost neutral; c. they must be practicable and workable; d. they must not compromise workplace health and safety.
| 15.4. | In all cases relating to hours of work and workforce flexibility, the process will involve consultation with the workforce, taking into account individual family considerations. |
| 15.5. | The Council is to clearly record all instances where a change has been implemented in accordance with this Determination. |
| 15.6. | By agreement with the employees affected, ordinary hours, including night work, may be worked up to ten (10) hours per day and starting and finishing times may be staggered, including outside the normal span of hours. Only in exceptional circumstances shall the Council require an employee to work beyond ten (10) ordinary hours per day. |
| 15.7. | Where the parties agree to alter work arrangements or implement new arrangements, the parties agree that the provisions of this Determination will be modified to the extent necessary to give effect to the new work arrangements, provided that: |
a.
the terms of the new work arrangement are in writing and have been signed by the Council and the employee/s or their nominated representative/s;
b. a majority of the employees whose employment is or will be affected by the arrangement; c.
have voted in favour of the arrangement in a ballot for which at least seven (7) days’ notice has been given.
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| 15.8. | A copy of any arrangements made pursuant to this Clause must be provided to the employee and the employee’s nominated representative and shall be read as part of this Determination. |
16. SECONDARY REMUNERATION AGREEMENT
| 16.1. | Where a Stream A employee at classification Level 7 or above is engaged in a supervisory or technical position and such position requires devotion to such times, attention and/or skills as may be necessary for the efficient discharge of their duties, including where necessary work outside ordinary business hours, then they may be offered an agreed secondary remuneration agreement (cash or benefits), in addition to their classification rate, which constitutes payment for all the additional hours of work which may be involved in the carrying out of their duties. |
| 16.2. | Where such secondary remuneration agreement is made and accepted, all other terms and conditions of this Determination will apply with the exception of the applicable overtime, RDO and TOIL Clauses. |
| 16.3. | To ensure that on balance the employee is not disadvantaged, the employee may elect to revert to the full terms of this Determination at any time by the giving of one (1) months' written notice. Remuneration will revert, from the end of the notice period to entitlements applicable to the Stream A level under this Determination. Likewise, the Council reserves its right by the giving of one (1) months’ written notice to revert the employee to the full terms of this Determination. |
17. ROSTERED DAYS OFF (RDO)
| 17.1. | The Council supports flexible work arrangements that suit both the organisation and the employee to take into account a balance of work and life responsibilities. The principles of flexible work arrangement recognise that “no one size fits all” and different flexible work options may be offered in line with business needs. |
| 17.2. | The Council will offer a nine (9) day fortnight to all Stream B and C employees staff working in a crew (i.e. staff who are not primarily engaged in isolated roles). Various other flexible work arrangements may otherwise be offered to employees for new and vacant positions in line with organisational and employee requirements. |
| 17.3. | For all full-time roles at the date of certification of this Determination, a nine (9) day fortnight will apply, with the exception of positions listed in Schedule 6 and areas outlined in Schedule 4 which may be advertised under alternate arrangements. |
| 17.4. | The parties acknowledge that Schedule 6 needs replacing and agree to review the Schedule, over the course of the Determination, with the view to remove the Schedule and replacing it with a live register, which is accessible to all parties. The register will be tabled quarterly at JCC meetings. |
| 17.5. | For all new and vacant positions, varied working arrangements will be offered including but not limited to the following: |
a. Nine (9) day fortnight; b. Nineteen (19) day month; c. Five (5) day week; d. flexible start and finish times; e. flexible rostering or scheduling; f. flexible leave arrangements;
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g. part-time work and job share arrangements; h. compressed working weeks (i.e. Four (4) day week); i. TOIL or banked time.
| 17.6. | In applying Clauses 17.3 and 17.5 for new or vacant roles, the Council will consult with the relevant union/s prior to altering the working arrangements of the current role. Full consideration will be given to the concerns of the union/s, and excluding confidential information, all relevant information requested will be supplied. Following consultation, which will include the provision of a business case outlining the reasons for any change linked to productivity and efficiency, the position may be advertised under an alternate arrangement. In the event the relevant union/s disagree with the Council’s assessment the matter may be dealt with under the dispute resolution provision of this Determination commencing at Step Three (3). |
| Stream B and C employees working in a crew will not be subject to a business case to alter working arrangements from a nine (9) day fortnight. | |
| 17.7. | On receipt of two (2) days' notice, an employee can be asked to work on a RDO with such RDO to be re- allocated to a mutually agreeable day between the employee and manager, without attracting penalty rates. If a mutually agreeable day cannot be found, penalty rates will apply. |
| 17.8. | An employee, with the consent of the Council, can bank up to a maximum of five (5) RDOs. Accrued RDOs over the five (5) day limit are to be paid out at single time in the next pay period. |
| 17.9. | Banked RDOs shall be taken at a time mutually agreed between the employee and the Council, and shall be taken within twelve (12) months of the date on which it is accrued. |
| 17.10. | Where a public holiday falls on an employee's day off, the employee shall be paid a days’ wages at ordinary rates or be granted a further days’ leave to be taken at a mutually convenient time. If not taken before the next period of annual leave, it shall be added to that entitlement. |
| 17.11. | Agreement to work an RDO or to take an RDO shall not be unreasonably withheld. |
| 17.12. | An employee who is on personal leave on their scheduled RDO, or whose accrued day off occurs while they are absent on personal leave, is not entitled to access personal leave entitlements for the RDO and shall not receive any further time off in lieu. |
ROSTERED DAYS OFF (RDO) – CUSTOMER SERVICE
| 18.1. | Employees in Customer Service are permitted to access the nine (9) day fortnight provisions contained within Clause 17 of this Determination, subject to the preparation in advance of a twelve (12) month rotating roster, that identifies the days on which staff are to take their RDO. |
| 18.2. | Under the Roster, employees will have every second RDO on a Tuesday, Wednesday or Thursday on rotation in accordance with the published roster. |
| 18.3. | Employees will be permitted to swap their RDO with the approval of their immediate supervisor or coordinator. Customer Service employees will be required to work 8.07 hours per day to accrue an RDO every nine (9) days. |
| 18.4. | For the purposes of this Clause, Customer Service employees means those staff employed in customer service and call centre roles in the Customer Service function within Shared Services. |
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PART FIVE – SALARY AND WAGES
19. SALARY AND WAGES
| 19.1. | The salary levels for the life of this Determination, and, where applicable, increment within each level, are set out in Schedules 1, 2 and 3 of this Determination. |
| 19.2. | The salary increases that have been applied to create these Schedules reflect the administrative increase paid to employees by the Employer as well as the decision of the Commission in matter CB/2021/10. These increases are as follows: |
19.2.1. From the first full weekly pay period after 1 July 2020 2% for Stream A staff and 1.5% plus $250
increase to base salary for Stream B and Stream C staff.19.2.2. From the first full weekly pay period after 1 July 2021 2.5% for all staff. 19.2.3. From the first full weekly pay period after 1 July 2022 2.5% for all staff. 19.2.4. From the first full weekly pay period after 1 July 2023 2.5% for all staff.
| 19.3. | Nothing contained within this Determination shall preclude the Council paying an employee at a higher rate than that prescribed in Schedules 1, 2 and 3 of this Determination. |
| 19.4. | Apprentices will be paid in accordance with the appropriate percentages as defined by the QIRC Order – Apprentices’ and Trainees’ Wages and Conditions (excluding certain Queensland Government Entities) 2003 in accordance with the relevant Engineering Persons C10 rate contained in Schedule 2 of this Determination. |
| 19.5. | Trainees will be paid in accordance with the relevant level of the Training Wage Award – State 2012 and not as per Schedules 1, 2 and 3 of this Determination. |
20. PAYMENT OF SALARY AND WAGES
| 20.1. | Salaries and wages shall be paid weekly, into the nominated accounts, on the following Thursday. |
| 20.2. | Payment will be made by electronic fund transfer to a bank or other financial institution nominated by the employee receiving the salary or allowance. |
| 20.3. | Should an error occur through no fault of the employee in regard to payment and as a result bank charges are applied to the employee, it is agreed that the Council will honour all such fees upon receipt of relevant documentation from the employee’s financial institution. |
| 20.4. | Where an employee's employment is terminated by the Council (where written notice is given by the Council), all termination pay shall be received by the next business day, or if mutually agreed on the next full pay period. |
21. SALARY INCREMENTS
Salary Increments for Stream A Employees
| 21.1. | Movement to the next highest salary point within a level will be by way of annual increment subject to the employee having given satisfactory performance in accordance with a Staff Development and Appraisal |
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System developed by the Council in consultation with employees, who may be represented by their nominated representative in such consultation.
| 21.2. | Where the Council has implemented a Staff Development and Appraisal System the initial appraisal is to be conducted in line with the anniversary date (i.e. twelve (12) months from the commencement with the Council) or an earlier date, as determined by the Council, provided that there is no financial detriment to an employee. Subsequent appraisals are to be conducted annually, other than in circumstances where the appraisal date has been amended to reflect that: |
a. the employee has commenced a new role; or b.
the employee has taken unpaid leave for an extended period of time (i.e. leave without pay and unpaid parental leave); or
c.
the Council approves an increment that occurs earlier than scheduled. If this occurs, subsequent appraisals will occur in line with the anniversary date of the revised increment date or other mutually agreed date.
| 21.3. | Where the Council fails to conduct the appraisal within two (2) months of the appraisal date falling due, movement to the next highest salary point (where applicable) will not be withheld. The only exceptions being: |
a.
where the employee has been participating in a performance improvement process and has been notified that the increment will be withheld;
b.
where the employee is absent from the workplace and unable to attend for the appraisal when due, in which case the appraisal will be conducted as soon as practical. The applicable increment increase will be paid from the applicable anniversary date, subject to satisfactory performance; or
c. where the employee refuses to participate in the appraisal.
| 21.4. | Where the Council chooses not to implement a Staff Development and Appraisal System, movement between salary points will occur at yearly intervals. |
22. JUNIOR RATES OF PAY
| 22.1. | Except as otherwise provided in this Clause, the Council will not apply junior rates of pay. All employees will be paid the applicable adult wage rates within this Determination for the respective classification level and salary increment for all worked performed in accordance with the classifications specified within the applicable parent Award for the employee. |
| 22.2. | Should the Council commence or take back a business activity, or, where the payment of junior rates is required due to industry competitiveness or continued sustainability of said business, then, upon written submission to the union parties to this Determination identifying the need for junior rates, the parties may agree in writing to apply junior rates. In this situation the parties will not unreasonably withhold agreement. |
| 22.3. | Clauses 22.1 and 22.2 will not apply to Apprentices and Trainees (as defined) covered by this Determination, with Clauses 19.4 and 19.5 respectively providing salary and wages for Apprentices and Trainees. |
23. ALLOWANCES
Only allowances prescribed within this Determination, or the underpinning Award/s outlined in Clause 4.1 will be paid.
| 23.1. | Availability / On-Call Allowance |
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23.1.1. Employees covered by this Determination required to standby for emergency work outside ordinary
hours shall be paid an allowance for each day during which they are so required to standby.23.1.2.
An employee required to remain on-call during any day and/or night, outside their ordinary working hours, shall be paid $45 for each day during which they remain on- call. This allowance shall increase by 2.5% on the first full pay period after 1 July 2022, and 2.5 % on the first full pay period after 1 July 2023.
23.1.3.
If the employee is called upon to respond and deal with calls from home, the employee will be entitled to a minimum of one (1) hour's pay at ordinary time in addition to the on-call allowance. Subsequent calls within the same hour do not trigger additional payments except where work extends beyond the initial minimum one (1) hour or within other paid time.
23.1.4.
If the employee is required to leave home to respond to a call for work, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within the three (3) hour period do not trigger additional payments except where work extends beyond the three (3) hour period, in which case overtime rates apply for additional time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate.
23.1.5.
An employee whose period of required availability includes or coincides with a public holiday shall be paid an additional day's pay at ordinary rates for each public holiday during the period of availability or, at the employee’s request, have an additional day added to their annual leave accrual. If these additional days are not utilised within six (6) months from the date of accrual the Council at its sole discretion, may elect to pay the additional day’s accrual out to the employee at ordinary time.
23.1.6. Employees required to remain on call must be:
a. easily contactable; b. able to respond within a reasonable period of time appropriate to the call-out; c. fit for work; d. within reasonable travelling distance of the worksite. An employee subject to this Clause who cannot be reasonable contacted or refuses to perform the emergency work for legitimate or other reasons will forfeit any allowance provided for in this Clause.
23.1.7. Clause 23 will not apply to employees who have been provided with mutually-agreeable alternative
arrangements/benefits to compensate for being available to perform emergency work.
| 23.2. | Corporate Uniform/Personal Protection Equipment (PPE) All employees will be supplied with either PPE or a corporate uniform allowance, depending on the nature of the employee’s work. |
| 23.3. | Personal Protection Equipment |
23.3.1. All PPE provided to employees will be replaced on a fair wear tear basis subject to the damaged item
being handed into the Council’s stores.23.3.2.
The Council will supply each employee, who requires it for approved work purposes, with one (1) waterproof high visibility jacket (style and brand to be determined by the Council). Replacement of this jacket is to be on a fair wear and tear basis, subject to the damaged item being handed into the Council’s stores.
23.3.3. PPE will continue to be issued at engagement, where mandatory.
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23.3.4. Full-time employees will be issued with a five (5) day supply of PPE workwear.
| 23.4. | Corporate Uniform Allowance Corporate Uniform allowance as provided within this section will not apply until successful completion of the probationary period. |
23.4.1. Full-Time Employees
The corporate uniform allowance (quoted exclusive of GST) is available as follows:
Level 2.5% 2.5% 2.5% 2.5%
5 Weeks 4 Weeks 5 Weeks 4 Weeks
1.1 55,012 56,255 56,387 57,661 1.2 56,085 57,352 57,487 58,786 1.3 57,722 59,026 59,165 60,502 1.4 59,494 60,839 60,982 62,360 1.5 61,268 62,653 62,800 64,220 1.6 63,037 64,460 64,613 66,072 2.1 64,834 66,300 66,455 67,957 2.2 66,672 68,178 68,338 69,883 2.3 68,570 70,120 70,284 71,873 2.4 70,489 72,081 72,251 73,883 3.1 72,428 74,065 74,239 75,917 3.2 74,366 76,046 76,225 77,947 3.3 76,301 78,024 78,208 79,975 3.4 78,237 80,004 80,193 82,004 4.1 80,174 81,985 82,178 84,035 4.2 82,103 83,959 84,155 86,058 4.3 84,040 85,940 86,141 88,088 4.4 85,982 87,924 88,131 90,123 5.1 87,913 89,899 90,111 92,147 5.2 89,849 91,879 92,095 94,176 5.3 91,785 93,859 94,080 96,205 6.1 95,011 97,157 97,386 99,586 6.2 98,239 100,459 100,695 102,970 6.3 101,467 103,760 104,003 106,354 7.1 104,691 107,057 107,308 109,733 7.2 107,916 110,354 110,614 113,113 7.3 111,142 113,652 113,920 116,493 8.1 115,015 117,614 117,891 120,554
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8.2 118,887 121,572 121,859 124,612 8.3 122,759 125,534 125,828 128,673 8.4 126,391 129,247 129,551 132,478 8.5 130,026 132,965 133,276 136,289
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53. SCHEDULE 2 – SALARY SCALES – STREAM B & C EMPLOYEES (EXCLUDING MECC)
Stream B & C (Excluding MECC) Employees
Year 1 Year 2
Commencing first pay Commencing first pay period after 1 July 2022 period after 1 July 2023
Level 2.5% 2.5% 2.5% 2.5%
5 Weeks 4 Weeks 5 Weeks 4 Weeks
Level 1<6mths 51,145 52,168 52,424 53,473
Level 1 52,093 53,137 53,395 54,465 Level 2 53,076 54,143 54,403 55,496 Level 3 54,039 55,128 55,390 56,506 Level 4 55,015 56,126 56,390 57,529 Level 5 56,165 57,373 57,569 58,807 Level 6 58,259 59,560 59,715 61,049 Level 7 60,386 61,734 61,895 63,278 Level 8 62,341 63,734 63,900 65,328 Level 9 64,832 66,280 66,452 67,937
Eng Trades C10 56,165 57,373 57,569 58,807 Eng Trades C9 56,710 57,975 58,128 59,425 Eng Trades C8 59,968 61,307 61,467 62,840 Eng Trades C7 62,341 63,734 63,900 65,328 Eng Trades C6 67,375 68,881 69,059 70,603 Plumber L6/BT1 58,048 59,344 59,499 60,828 Plumber L7/BT2 60,781 62,138 62,300 63,692 Plumber L8/BT3 63,513 64,933 65,101 66,556
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54. SCHEDULE 3 – SALARY SCALES – STREAM B MECC EMPLOYEES
Entertainment Precinct Staff
Year 1 Year 2
Commencing first pay Commencing first pay period after 1 July 2022 period after 1 July 2023
Level 2.5% 2.5% 2.5% 2.5%
5 Weeks 4 Weeks 5 Weeks 4 Weeks
1 45,173 46,062 46,302 47,214 1.1 45,960 46,867 47,109 48,038 1.2 46,761 47,685 47,931 48,877 1.3 47,578 48,521 48,767 49,734 1.4 48,413 49,373 49,623 50,607 2 48,495 49,458 49,707 50,694 2.1 49,560 50,547 50,799 51,811 2.2 50,653 51,664 51,919 52,956 2.3 51,763 52,800 53,057 54,120 2.4 52,911 53,973 54,234 55,322 3 54,037 55,123 55,388 56,501 3.1 55,241 56,330 56,622 57,739 3.2 56,474 57,723 57,886 59,166 3.3 57,857 59,149 59,303 60,627 3.4 59,286 60,610 60,768 62,125 4 60,677 62,033 62,194 63,583 4.1 62,179 63,566 63,733 65,155 4.2 63,715 65,139 65,308 66,767 4.3 65,292 66,751 66,924 68,420 4.4 66,907 68,402 68,579 70,112 5 68,573 70,106 70,287 71,859 5.1 70,270 71,843 72,027 73,639 5.2 72,008 73,620 73,808 75,460 5.3 73,792 75,444 75,637 77,331 5.4 75,619 77,312 77,509 79,245 6 77,401 79,133 79,336 81,112 6.1 79,317 81,095 81,300 83,122 6.2 81,284 83,105 83,316 85,182 6.3 83,298 85,165 85,381 87,294 6.4 85,364 87,278 87,498 89,460
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55. SCHEDULE 4 – FIVE (5) IN SEVEN (7) PROVISIONS
All provisions of this Determination including those provisions referred to in this Schedule, shall apply to employees outlined in each section.
Stream A Employees
55.1.
The Council and employee, who may be represented by a nominated representative, may agree that the ordinary hours of duty may be worked on any five (5) out of seven (7) days per week including Saturday and Sundays or the ordinary hours may be altered as to the spread of hours.
55.2. Any alteration to the ordinary span of hours, start/finish times or spread of days on which the employee
works must be by agreement in writing, with no compulsion by either party to agree.55.3.
Where an employee agrees to alter the spread of days for the ordinary hours of work (e.g. any five (5) days in seven (7)), the Council shall pay a weekend penalty rate of time and one half for all ordinary hours worked on a Saturday, and a penalty rate of double the ordinary hourly rate for all hours worked on Sunday.
55.4.
Where the employee seeks to alter the spread of days to include weekends to suit their personal circumstances, the agreement in writing shall indicate the change was at the employee’s request and the Council shall not be liable for the weekend penalty rates.
55.5.
Where the Council seeks to alter the ordinary span of hours, start/finish times or spread of days for a new or vacant position, they must refer the matter to the relevant union or nominated representative for consultation in accordance with Clause 42 – Employment Security provisions of this Determination, prior to advertising the position.
Community Services – Excluding Entertainment Precinct (MECC and EVENTS)
55.6. For the purpose of this schedule the Community Services areas comprise of the following programs:
• Community Lifestyle; • Property Services; • Economic Development; and • MECC & Events.
55.7.
In recognition of the diversity of services provided by local governments and the fact that the Communities that local governments service, require many of the services to be delivered outside of regular 6.00am to 6.00pm working hours, Monday to Friday, where employees are employed within the facilities of the Community Services area, other than the Entertainment Precinct, the ordinary span of hours may need to be altered.
55.8.
Over the life of this Determination, where Council seeks to alter the ordinary span and spread of hours from the standard 6:00am to 6:00pm, Monday to Friday to the greater span of hours, i.e. 6:00am to 8:00pm any five (5) days out of seven (7), they will do so in accordance with Clause 55.1 of this Determination excluding Subclause 55.3 only.
55.9. A standard penalty rate of time and a quarter, will apply to ordinary hours worked on Saturday.
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55.10. In the event that the ordinary span of hours are modified, the penalty rate paid after 6:00pm Monday to
Friday will be at time and a quarter for ordinary hours worked.55.11. A standard penalty rate of time and a half, will apply to ordinary hours worked Sunday. 55.12. Overtime will be paid on the applicable overtime rates, as per the main body of this Determination, based
on the ordinary rate of pay for the applicable day.55.13.
Where the employee seeks to alter the spread of regular ordinary hours, which includes weekends or to vary their span of ordinary hours in any twenty-four (24) hour period to suit their personal circumstances, the agreement in writing shall indicate the change was at the employee’s request and the Council shall not be liable for any penalty rates for the ordinary hours.
Stream B Employees (MECC and EVENTS only)
55.14. In recognition of the Entertainment Precinct, due to industry and community needs, operating varying hours
across seven (7) days a week, the following is required to meet requirements:55.14.1. Salary scales applicable shall be per Entertainment Precinct Staff Schedule 3. 55.14.2. Staff within the Entertainment Precinct appointed under Schedule 1 prior to certification of this Determination will continue under their existing conditions unless agreed otherwise.
55.14.3. Ordinary hours of work will be thirty-eight (38) hours per week, worked in any reasonable roster configuration between 6:00am and 12:00pm (midnight). Saturdays and Sundays are to be regarded as ordinary time days, and employees are able to work any five (5) out of seven (7) days (any ordinary hours worked in these configurations are without penalty).
55.14.4. Ordinary hours will not exceed ten (10) hours on any one day or thirty-eight (38) hours per week in
any five (5) days out of seven (7).55.14.5. In a shift exceeding ten (10) hours, overtime authorised by a supervisor or manager will be paid at
time and a half.
55.14.6. Employees will be provided with a minimum ten (10) hour break between the cessation of one shift and the commencement of another. Where an employee commences work before the ten (10) hour break, at the direction of the Council, the employee shall be paid at double time off in lieu, until the officer is released from duty for such period. 55.14.7. Where additional time is approved past thirty-eight (38) hours over five (5) successive days,
additional time worked on a sixth or seventh day, will be paid at time and a half for the first five (5)
hours and double time thereafter.
55.14.8. Permanent employees may be paid overtime or take as TOIL. 55.14.9. Casual employees may be engaged at ordinary rates, any five (5) days out of seven (7) between
6:00am and 12:00pm midnight, including Saturdays and Sundays to a maximum of ten (10) hours
per day and thirty-eight (38) hours per week.
55.14.10. Casual employees working outside of, or in excess of ordinary hours, will be paid at the appropriate
hourly rate, plus 50%.
55.14.11. The timing of taking of TOIL will be to meet organisational operating requirements taking into account the employee’s requirements (also noting Stand Down provisions).
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55.14.12. To balance the seasonal operations of the Entertainment Precinct, TOIL may be accrued for a maximum of twelve months. If not taken at the conclusion of this period, accrued TOIL will be paid out at the ordinary time rate. Accrued TOIL at separation will also be paid out at the ordinary time rate.
55.14.13. Stand Down Provisions - The nature of the work at the Entertainment Precinct determines that due to circumstances beyond the Council’s control, there may not be sufficient work at times for employees. In such circumstances, any employee who cannot be gainfully employed the employee shall be required to take any accumulated leave (including TOIL), failing which they shall be stood down, without pay. This provision is to be read in conjunction with Section 333 of the Industrial Relations Act 2016 (Queensland).
55.14.14. Where a permanent employee (excluding Cleaners) is required to perform work on a Public Holiday, such employee will be paid at double time off in lieu with a minimum of three (3) hours.
55.14.15. Where Cleaners are required to perform work on a Public Holiday, such employee will be paid at double time off in lieu with a minimum of two hours.
55.14.16. Casual Loadings:
6:00am – 12:00am 25% 12:00am – 6:00am 31%.
Stream B and C Employees (Excluding MECC)
55.15. In the circumstances set out below, employees may be required to work their ordinary hours on any five
(5) consecutive days out of seven (7), Monday to Sunday inclusive:
a. For works where undertaking work in Saturday and/or Sunday can provide: i. improved productivity through better access to roads when traffic volumes are lower;
ii. significant reductions in traffic disruption/delay;
iii. reduced disruption of access to business or education premises;
iv. reduced exposure to safety hazards for workers; and/or
v. less night-time noise in urban residential areas (where work might otherwise be done at night).
b.
In workshops where employees are required to maintain or repair plant and equipment on days when construction or maintenance crews are not working to minimise down-time on site; or workshops, laboratories or offices, where necessary, to support construction and maintenance needs in circumstances set out in (a) above.
c.
Specifically, this provision applies primarily for “on-road” works, which disrupt normal traffic flow and access to adjacent business premises (e.g. pavement works), rather than “off-road” activities that do not interfere with traffic movements (e.g. signage and roadside drainage works). It is intended to apply on roads where large traffic volumes on weekdays (Monday to Friday) restrict the extent of land closures possible and where lower traffic volumes on weekends would allow safer, more productive and/or less disruptive road works to be undertaken.
d.
These arrangements can only apply after full consultation with employees and is intended to apply only to infrequent and short-term works.
e.
Provided that this provision to work any five (5) consecutive days out of seven (7) days, Monday to Sunday inclusive, may be extended to other circumstances for more frequent application, subject
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to agreement of the majority of employees affected and relevant union/s.
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56. SCHEDULE 5 – EXISTING AGREEMENTS TECHNICAL SERVICES PROGRAM - NUMBER TSPOLICY NUMBER
| POLICY TITLE: | FLEXIBLE WORKING HOURS PROPOSAL |
| SUB-TITLE: | |
| ADOPTED: | FOLIO – Date in words |
AMENDED: REVOKES: |
56.1. POLICY DEFINITIVE STATEMENT FLEXIBLE WORKING ARRANGEMENTS for any program within Council.
Flexible working arrangements must satisfy the following four (4) principles:
a. current customer service requirements continue to be maintained; b. they must be cost neutral; c. they must be practicable and workable; d. they must not compromise workplace health and safety. In all cases relating to hours of work and workforce flexibility, the process will involve consultation with the workforce, taking into account individual family considerations.
The Council is to clearly record all instances where a change has been implemented in accordance with this Agreement.
By agreement with the employees affected, ordinary hours, including night work, may be worked up to ten (10) hours per day and starting and finishing times may be staggered, including outside the normal span of hours. Provided that only in exceptional circumstances shall the Council require an employee to work beyond ten (10) ordinary hours per day.
Where the parties agree to alter work arrangements or implement new arrangements, the parties agree that the provisions of this Agreement will operate to the extent necessary to give effect to the new work arrangements, provided that:
a. the terms of the new work arrangement are in writing and have been signed by the Council and the employee or their nominated representative; b. a majority of the employees whose employment is or will be affected by the arrangement have voted in favour of the arrangement in a ballot for which at least seven (7) days' notice has been given. A copy of the arrangements made pursuant to this Clause must be provided to the employee and the employee's nominated representative and shall be read as part of this Agreement.
56.2. POLICY CONDITIONS 56.2.1. AUTHORITY
Director has authority to set commencement and finishing times and bandwidth to the convenience
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of the Program.
56.2.2. RESPONSIBILITY OF SUPERVISOR AND EMPLOYEE
The employee's Supervisor is responsible for ensuring the accuracy of information on the timesheet
and the continuity of workflow. Employees are responsible for accurately completing their
individual timesheet.
Employees will capture both flex on and flex off on their timesheet.
Flex on - 511
Flex off - 51256.2.3. CORE TIME LEAVE
As a general rule, an employee may be granted the following core time leave during one settlement
period.
• two (2) mornings; • two (2) afternoons; • one (1) morning and one (1) afternoon (separately or as a full day).
Core Time Leave can only be taken, subject to the following conditions:
a. Flex Credits must be established prior to being used for Core Time Leave. b. Prior approval of the Supervisor must be obtained (verbal approval only is required). c. Core Time Leave can be taken on only two (2) occasions in any Settlement Period; exception, same as for 56.2.3.(d). d. The full extent of Core Time Leave cannot be taken on each of two (2) consecutive days even though they may be in different Settlement periods. Exception may be authorised by a supervisor when approval has been granted by the Program Manager. e. Employee's freedom to elect their own hours of duty must always be within the constraints of the Program's efficiency. f. MRC supports flexible work arrangements that suit both the organisation and the employee to take into account a balance of work and life responsibilities. As a general rule, there will be a nine (9) day fortnight, however there are clear working areas where different arrangements have and will be made.
Employees are to consult and co-operate with their supervisors at all times, and whilst it is hoped that Supervisors will allow staff maximum flexibility under the scheme, it is appreciated that, at times, it will not be possible to allow all staff the freedom they may wish.
56.3. DEFINITIONS
For the purposes of this Clause, the undermentioned terms shall have the corresponding meanings: requirements of the particular position, the agreement of the supervisor concerned and the various
Bandwidth is the timespan between the earliest commencing time and the latest ceasing time permissible
for ordinary work.
Core Times are the periods during the day when all officers shall perform ordinary duty (unless absent on
approved leave).
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provisions of this Clause, officers may vary their commencing and ceasing times for ordinary work.
Settlement Period is the prescribed period of time during which officers shall accumulate the equivalent
of standard hours by way of ordinary work during the bandwidth, by way of approved leave, or by way of
credit for public holidays falling on normal working days: provided that, subject to the conditions
prescribed in this Clause, officers shall be entitled to carry over certain flex credits or flex debits between
settlement periods.
Standard Hours are the ordinary hours of duty.
Standard Day is the total daily working hours occurring during standard hours.
Flex Credit is the amount of time that an officer performs ordinary work and/or obtains credit for periods
of approved leave during the bandwidth on an ordinary working day in excess of a standard day.
Flex Debit is the amount of time less than a standard day that an officer performs ordinary works and/or
obtains credit for periods of approved leave during the bandwidth on an ordinary working day.
Carry-over is the amount of accumulated flex credit of flex debit which, subject to the provisions of this
Clause, an officer shall carry over between consecutive settlement periods.Core Time Leave is an approved absence during prescribed core times.
56.4. WORKING ARRANGEMENTS
a.
Officers must at all times obey the directions given by their supervisor’s regarding hours of work during the bandwidth.
b. All officers shall give first priority to the maintenance of acceptable workflows. c.
An officer who fails to comply with the procedures within this document to the satisfaction of the Program Manager shall, upon instruction from the Director, work standard hours. Thereafter, time worked by direction by such officer outside standard hours shall be recorded as overtime and shall be paid for at the appropriate overtime rate.
56.5. CONDITIONS OF EMPLOYMENT
a.
Bandwidth shall be between 6.00am and 6.00pm, Monday to Friday inclusive. No officer shall gain any advantage for work performed outside the bandwidth except in the case of authorised overtime.
b.
Core times shall be between the hours of 9.00am to 12.00pm and 2.00pm to 4.00pm Monday to Friday inclusive, except where the Director shall determine otherwise.
c.
Flexible periods shall be between the hours of 7.00am to 9.00am, 12:00pm to 2:00pm, and 4:00pm to 6:00pm, except where the Director shall determine otherwise.
d.
Nominal standard hours shall be 8:30am to 4:45pm Monday to Friday inclusive with a lunch break of one hour between 12:00pm and 2:00pm.
e. A standard day shall be seven (7) hours and fifteen (15) minutes. f.
Where an officer so elects, such officer shall be able to make application to the Program Manager in order to participate in a permanent nine (9) day fortnight or nineteen (19) day month arrangement working hours under these arrangements are to satisfy the bandwidth and core times set out in this Determination.
56.5.1. Maximum Hours
a.
An officer unless directed by the Program Manager shall not work more than nine (9) hours during the bandwidth per day, or more than five (5) hours between the commencement of work and the commencement of a lunch break or from the time of finishing a lunch break to the time of ceasing
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work for the day within the bandwidth.
b.
Any time worked by direction of the Program Manager in excess of nine (9) hours during the bandwidth per day, or in excess of the period of five hours, mentioned in paragraph 5.1.1 shall be regarded as overtime and paid for as such.
56.5.2. Lunch Break
All officers other than those directed by the Program Manager shall take a lunch break of not less
than thirty (30) minutes duration between the hours of 12:00pm and 2:00pm.56.5.3. Rest Pause
a. A rest pause of fifteen (15) minutes duration in accordance with section 12.9 of the Council Certified Agreement 2008 morning or afternoon in the Council's time shall be allowed each officer covered by this Clause at a time to suit the convenience of the Council and so as not to interfere with the continuity of work where continuity in the opinion of the Council is necessary. b. Settlement periods to be of one (1) fortnights’ duration. c. During each settlement period an officer may accumulate seventy-two (72) hours thirty (30) minutes by way of time actually worked and/or approved leave during the prescribed bandwidth and credit for public holidays which occur upon Mondays to Fridays inclusive. Provided that, subject to the provisions of paragraph 5.3.7 hereof, officers' carry-over of flex credits or flex debits existing at the commencement of a settlement period shall be counted when calculating such seventy-two (72) hours thirty (30) minutes. d. Provided further that, subject to the provisions of paragraph 5.3.7 hereof, an officer shall be entitled to carry-over prescribed flex credits or flex debits to the next settlement period. e. Should an officer be ill on an approved day-off, the officer may apply for sick leave of seven (7) and a quarter (¼) hours instead. That officer is then free to seek approval for further core time leave, during the same settlement period. f. Nothing in this Clause shall entitle an officer to receive a flex credit for any period during which the officer is on approved leave other than core time leave during the bandwidth, except in those cases where a full day's absence is involved, when the credit for that day shall be seven (7) and a quarter (¼) hours. g. Flex credits and flex debits shall accumulate from one working day to the next and, subject to the provisions of paragraph 6 hereunder, between settlement periods. h. At no time during a settlement period shall a flex credit exceed fourteen (14) hours thirty (30) minutes, or a flex debit exceed seven (7) hours fifteen (15) minutes. An officer who resigns, retires, is appointed to a department, or division, subdepartment branch or section where flexible working hours has not been introduced, or otherwise ceases duty, shall ensure that the officer does not possess flex credits or flex debits at the time of cessation of duty with the department etc. in which flexible working hours apply; provided that any such officer shall not receive compensation for a flex credit existing at the time of such cessation of duty; provided further that an officer possessing a flex debit at the time of such cessation of duty shall have a corresponding deduction from the officer's salary (to be deducted during a subsequent fortnightly pay period).
56.6. CARRY-OVER
Carry-over -flex credits and flex debits which an officer has accrued at the end of a settlement period shall, subject to the following conditions, be carried over to the commencement of the officer's next settlement
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period and subsequently be added to flex credits or flex debits which accumulate during such period.
The maximum flex credit carry-over which an officer shall be allowed shall be thirty-six (36) hours fifteen
(15) minutes. If at the end of a settlement period an officer's carry-over credit is in excess of thirty six (36)
hours fifteen (15) minutes, no payment shall be made for such excess period, i.e. the time will be forfeited.
Carry-over of a flex debit will not be permitted unless approved by the Program Manager. Unless such
approved debit is adjusted by the officer concerned during the next settlement period, appropriate deduction
from salary shall be made.Subject to the following conditions. an officer may be granted core time leave:
a.
If the officer has accumulated an equivalent amount of flex credit as at the commencement of the day upon the period of core time leave is required, and
b.
If prior approval of the officer's supervisor has been obtained. Provided that no more than two periods of core time leave shall be taken in any one settlement period.
Provided further that the full extent of core time leave cannot be taken on each of two (2) consecutive days, must be present during these hours, unless a relief officer is available.
even though they may be in different settlement periods, unless approved by the Program Manager.
An officer may take core time leave on the working day immediately preceding and/or immediately
following any period of annual leave or long service leave, as the case may be, unless the Program Manager
determines otherwise.
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SCHEDULE 6 – IDENTIFIED POSITIONS – RDO
Department Program Position Title C&CS Comm & Client CF0002 Executive Assistant Management C&CS Community Lifestyle CP0005 Exhibitions Curator C&CS Community Lifestyle CP0009 Public Programmes Officer C&CS Community Lifestyle CP0075 Artspace Gallery Director C&CS Community Lifestyle CD0001 Senior Coordinator Community P C&CS Community Lifestyle CD0010 CDO - Indigenous C&CS Community Lifestyle CD0011 Arts Development Officer C&CS Community Lifestyle LS0036 Museum Coordinator C&CS Community Lifestyle CCS004 Senior Executive Coordinator - C&CS Community Lifestyle LS0004 Executive Coordinator - Librar C&CS Community Lifestyle LS0005 Systems Support & LD Librarian C&CS Community Lifestyle LS0060 EC - Library Systems and Collections C&CS Community Lifestyle LS0015 Library Asst Heritage Collecti C&CS Corp Comms & Marketing CC0012 Communications Coordinator C&CS Emergency Mgt EMG001 Emergency Management Coordinator C&CS Emergency Mgt EMG003 State Emergency Service Local C&CS Emergency Mgt EMG004 Administration Officer C&CS Health & Regulatory Serv HRS038 Coordinator Regulatory Service C&CS Health & Regulatory Serv HRS040 Team Leader Compliance C&CS Health & Regulatory Serv HRS011 Team Leader Environment Health C&CS Health & Regulatory Serv HRS030 Coordinator Environmental Health C&CS Health & Regulatory Serv HRS048 Team Leader Local Laws C&CS Health & Regulatory Serv HRS023 Vector Control Team Leader DS Development Assessment DP0007 Principal Planner - CBD DS Development Assessment DP0012 Principal Planner - South DS Development Engineering DE0006 Development Construction Coord DS Development Engineering DE0018 Administration Officer DS Development Engineering DE0034 Principal Assessment Engineer DS Development Management DS0003 Executive Assistant DS Economic Development UD0004 Principal Economic Development DS Economic Development UD0007 City Centre Co-ordinator DS Economic Development UD0010 Senior Economic Development Of DS Economic Development PS0005 Sarina Sugar Shed Coordinator DS Economic Development PS0025 Sarina Sugar Shed Distiller DS Parks Environment & Sus ESP006 Botanic Gardens Coordinator DS Parks Environment & Sus ESP017 Visitor Services Officer DS Parks Environment & Sus ESP008 Building Services Coordinator DS Parks Environment & Sus ESP007 Natural Environment Coordinator DS Parks Environment & Sus ESP009 Parks Maintenance Coordinator DS Parks Environment & Sus ESP167 Operational Forward Parks Planner
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DS Parks Environment & Sus ESP172 Supervisor Waterways Team Department Program Position Title DS Strategic Planning SP0002 Administration Officer DS Strategic Planning SP0003 Principal Engineer DS Strategic Planning SP0005 Infrastructure Planner DS Strategic Planning SP0007 Principal Planner DS Strategic Planning SP0011 Principal Planner ECI Business Services ECI WBS002 Administration Officer ECI Business Services ECI WBS006 Stakeholder and Client Support ECI Business Services ECI WBS004 WWS Management Accountant ECI Business Services ECI WBS015 Inspection Coordinator ECI Business Services ECI ES0004 Quality Systems Coordinator ECI Business Services ECI WBS014 ECI Safety and Risk Officer ECI Civil Operations ESM007 Southern Coordinator ECI Civil Operations ESM029 North West Coordinator ECI Civil Operations ESM046 Central Coordinator ECI Civil Operations ESM139 Assets & Project Engineer ECI Civil Operations ESM173 Quarry Supervisor ECI Civil Operations ESM174 Maintenance Superintendent ECI Civil Projects ESC002 Technical Officer ECI Civil Projects ESC104 Program/Project Scheduler ECI Civil Projects ESC003 Construction Engineer ECI Civil Projects ESC082 Construction Coordinator ECI Civil Projects ESC086 Civil Projects Engineer ECI Commercial Infra Mgt ES0001 Executive Assistant ECI Commercial Infra Mgt WWA002 Executive Assistant ECI Commercial Infra Mgt WWA003 Executive Support Officer ECI Infrastructure Delivery WC0006 Senior Engineer ECI Infrastructure Delivery WC0011 Project Services Coordinator ECI Infrastructure Delivery WC0027 Project Manager ECI Infrastructure Delivery WC0002 Administration Officer ECI Infrastructure Delivery WC0004 Drafting Designer ECI Infrastructure Delivery WC0005 Project Engineer ECI Infrastructure Delivery WC0008 Project Engineer ECI Infrastructure Delivery WC0013 Construction Supervisor/Inspector ECI Infrastructure Delivery WC0023 Project Engineer ECI Infrastructure Delivery WC0030 Project Engineer ECI Planning &Sustainability WC0009 Water & Sewerage Planning Engineer ECI Planning &Sustainability WWS084 Water & Sewerage Planning Engineer ECI Planning &Sustainability WWS086 Water & Sewer Planning Engineer ECI Planning &Sustainability WWS112 Water & Sewer Project Engineer ECI Planning &Sustainability WWS119 Planning & Development Asset O
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ECI Planning &Sustainability WWS120 Technical Officer ECI Planning &Sustainability WWS123 Administration Support ECI Technical Services ES0019 Survey Coordinator Department Program Position Title ECI Technical Services ES0011 Design Coordinator ECI Technical Services ES0034 Landscape Architect ECI Technical Services ES0024 Traffic & Investigations Coord ECI Waste Services WS0003 Waste Services Coordinator ECI Waste Services WS0009 Waste Services Coordinator -RM ECI Water Network WWN004 Senior Network Engineer ECI Water Network WWN005 Operations & Maintenance Officer ECI Water Network WWN082 Maintenance Planner ECI Water Network WWN089 Estimations and Quotes Officer ECI Water Treatment WWT003 Treatment Engineer ECI Water Treatment WWT010 Water Treatment Plant Coordinator ECI Water Treatment WWT052 Process Engineer ECI Water Treatment WWT023 Principal Scientist ECI Water Treatment WWT025 Laboratory Coordinator ECI Water Treatment WWT042 Senior Environmental Officer ECI Water Treatment WWT002 Administration Officer CEO Executive Office CEO007 Executive Support Officer CEO Legal Services CEO026 Administration Officer CEO Legal Services CEO027 Legal Counsel CEO Office of Mayor & CEO CEO003 Executive Assistant - CEO CEO Office of Mayor & CEO CEO004 Executive Assistant - Mayor OS Assets GO0009 Assets Officer OS Assets GO0010 Assets Systems Coordinator OS Assets GO0017 Senior Asset Accountant OS Financial Services FS0036 Financial Support Coordinator OS Financial Services FS0006 Financial Accountant OS Financial Services FS0054 Senior Accountant OS Financial Services FS0002 Administration Officer OS Financial Services FS0019 Revenue Coordinator OS Financial Services FS0064 Systems Accountant OS Governance & Safety GS0001 Coordinator Corporate Governance OS Governance & Safety GO0005 Senior Internal Auditor OS Governance & Safety GS0003 Coordinator Performance & Risk OS Governance & Safety ER0012 Co-Ordinator Workplace Health OS Organisational Serv Mgt CSA001 Executive Assistant OS People & Culture HR0010 Industrial Relations Advisor OS People & Culture PC0003 Senior People & Culture Advisor OS People & Culture PC0002 Organisational Development Coordinator OS Procurement & Plant PP0002 Contract Coordinator
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OS Procurement & Plant PP0004 Administration Officer OS Procurement & Plant PP0009 Fleet & Workshop Coordinator OS Property Services PS0031 Supervisor Projects & Operational Compliance OS Property Services PS0003 Coordinator Property Services Department Program Position Title OS Property Services PS0029 Supervisor Land Operations OS Property Services PS0030 Supervisor Operational Maintenance OS Shared Services Centre IT0010 Team Leader Applications OS Shared Services Centre IT0011 Systems Developer & DBA OS Shared Services Centre IT0022 Business Analyst Developer OS Shared Services Centre IT0014 Team Leader GIS OS Shared Services Centre IT0042 Senior ICT Network Engineer OS Shared Services Centre IT0018 Team Leader ICT OS Shared Services Centre IT0051 Senior ICT Desktop Engineer OS Shared Services Centre IT0021 Business Analyst OS Shared Services Centre IT0052 Business Analyst OS Shared Services Centre IT0058 Business Analyst OS Shared Services Centre IT0043 Senior ICT Systems Engineer OS Shared Services Centre SSC100 Coordinator Billing Services OS Shared Services Centre SSC200 Coordinator Business Support OS Shared Services Centre SSC600 Coordinator Payment Services OS SSC Management SSC002 SSC Deputy Partnership Manager
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