New south wales industrial gazette

PART F
OTHER CONDITIONS
31. Payment of Wages
31.1 Except on termination of employment, salaries shall be paid fortnightly.
31.2 Payday, once determined, cannot be changed without a minimum of one month's notice unless exceptional circumstances beyond CIC's control arise.
31.3 Salaries shall be paid by one of the following means:
31.3.1 Into a bank account held in the name of the employee. Deposits to the employee's account at CIC's bank shall fulfil CIC's obligations to the employee.
31.3.2 Alternatively, with prior approval of CIC, a cheque can be collected from CIC offices or mailed to the employee's residential address. Cheque collection shall occur outside normal hours.
31.4 CIC shall provide each employee every pay period and on the employee's last day of employment a statement of the employee's earnings for that period or part thereof as the case may be. Provided that, where an employee is dismissed without notice, or an employee fails to give notice, abandons employment or otherwise ceases to be employed through no action of CIC, CIC shall not be obliged to pay any outstanding moneys until the next scheduled pay day.
32. Travelling Between Sites
Where an employee, at the request of their supervisor, agrees to use their own vehicle for the carrying out of work for CIC (other than carriage to the normal place of work), reasonable cost per kilometre will be reimbursed. Reasonable costs shall be the kilometre rate applied to Board members attending meetings. The minimum rate payable under this clause shall be $0.52 per kilometre.
33. Superannuation
33.1 CIC will provide superannuation in accordance with Federal superannuation guarantee legislation and an additional 2% employer contribution will be paid to all employees for the term of this Award according to the conditions laid down below and in clause 37, Employee Life Insurance. All employees shall have their accrued superannuation paid to their nominated fund monthly.
33.2 Employees may nominate the approved fund into which they wish their contributions to be paid. Such choice may be altered by the employee but not more often than annually. Employees may contribute to superannuation in lieu of salary (within the guidelines of Federal superannuation legislation).
33.3 Employees currently members of the NSW Government SASS scheme, on the date local autonomy is achieved and, following review by an approved financial consultant, will be eligible for a top-up superannuation contribution prior to entering this Award. The top-up payment will be determined by CIC following consultation with the employee and the financial consultant.
34. Protective Clothing, Uniforms and Equipment
34.1 Appropriate safety wear will be provided (including boots, protective overalls, glasses, helmets). This shall be replaced on a fair wear and tear basis. Misuse or loss due to carelessness will not be grounds for replacement. Employees will be required to care for their uniforms and other clothing issue and be expected to present for work in a neat and tidy manner.
34.2 UV protection will be provided for employees while engaged in outdoor work.
34.3 Uniform items supplied to maintenance and water distribution staff shall consist of:
34.3.1 five pairs of trousers; or five pairs of shorts; or five pairs of overalls
34.3.2 five long-sleeve shirts with logo; or five short-sleeve shirts with logo
34.3.3 two fleecy windcheaters with logo
34.3.4 one jacket with logo
34.3.5 one Boomerang crush hat with logo
34.4 Uniform items supplied to administration staff shall consist of:
34.4.1 three pairs of pants, five shirts, one vest, one jumper and one jacket for male staff
34.4.2 three skirts/pants, five blouses, one vest, one jumper and one jacket for female staff
34.5 All tools and equipment shall be provided by CIC for employees to perform the tasks detailed and implied in Schedule A. Theft, wilful neglect or damage carelessness and misuse of any tools or equipment will be grounds for disciplinary action.
34.6 Employees designated by CIC to be available for contact after the normal work cycle, by customers or for call back, shall be entitled to reimbursement of telephone and fax costs. Reimbursement shall be 50% of the applicable rental and the actual charges (100%) made for calls relating to actual work duties.
35. Training
35.1 Apprentices
An apprentice's wage shall be calculated to the undermentioned percentage of the relevant trade rate as provided for in this Award:

Three Years Apprenticeship	Four Years Apprenticeship
in the first year	60%
in the first year	60%
in the second year	75%
in the second year	75%
in the third year	90%
in the third year	80%
in the fourth year	90%

35.2 Traineeships

35.2.1 Notwithstanding anything elsewhere contained in this Award, CIC may employ trainees subject to the conditions contained in this clause.
35.2.2 Application and Objectives
35.2.2.1 Before this clause shall have effect on the employment of a trainee, CIC and a trainee must have entered into a training agreement under the provisions of the Industrial and Commercial Training Act 1989.
35.2.2.2 Trainees shall not displace existing full-time employees from employment.
35.2.3 Training Conditions
Trainees engaged under this clause shall attend the off-the-job training prescribed in the training agreement. CIC shall ensure that the trainee is permitted to attend the off-the-job training course and provide appropriate supervision during on-the-job training.
35.2.4 Employment Conditions
35.2.4.1 The trainee shall be engaged or a period of 12 months as a full-time employee, provided that the trainee may be subject to a satisfactory probation period as outlined in this Award.
35.2.4.2 The trainee is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training agreement.

35.2.4.3 Where the employment of a trainee by CIC is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purpose of this Award and long service leave/entitlements. Trainees shall be regarded as full-time employees.

35.2.5 Salary
For the purpose of achieving stability of income for a trainee over the traineeship period, the wage rate for a trainee shall be calculated on the following basis: rate for entry multiplied by percentage of time spent on-the-job.
35.3 The role of every employee in training other employees is agreed between the parties to this Award as essential and employees will be given training appropriate to their skill level. The development of appropriate skills to move to a higher skill level within the career path structure is a necessary condition but not automatic means of gaining advancement within or to the next higher skill level. A Training Charter established to identify the aims and procedures of implementing training within the workplace.
36. Spare
37. Employee Life Insurance
37.1 CIC will obtain on behalf of each employee engaged as at 21 June 2001 life insurance death cover with an annual premium value of $300.00. This benefit will continue for the lifetime of this Award.
37.2 New employees engaged after 21 June 2001 may elect to receive life insurance in accordance with this clause. Provided the premium value is funded by any excess between CIC’s contribution to superannuation in accordance with subclause 33.1 and the statutory requirement for superannuation contribution as detailed in Federal legislation from time to time.
38. Contractor Award and Enterprise Agreement Conditions
CIC will require all construction and maintenance contractors to provide written proof that award or enterprise agreement conditions are currently paid to their employees. CIC will make this proof available for inspection by a member of a Union who is party to this Award during normal business hours. A Union member who is party to this Award will make a request in writing to see the information provided to CIC by construction and maintenance contractors. CIC agree to make this information available for inspection at the Brolga Place office during normal business hours, 48 hours after the receipt of a written request.
39. Anti-Discrimination
39.1 It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
39.2 It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.
39.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
39.4 Nothing in this clause is to be taken to affect:
39.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
39.4.2 offering or providing junior rates of pay to persons under 21 years of age;

39.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

39.4.4 a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
39.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
40. Confidentiality
The work carried out for CIC and the information developed and collated is the property of CIC and the employees shall respect the confidentiality of clients and CIC with regard to all information concerning the business.
41. Stand Down
41.1 CIC has the right to deduct payment for any day an employee can not be usefully employed because of industrial action or through any stoppage of work for any cause for which the Company can not be reasonably held responsible and a stand-down situation has been notified by CIC to the Consultative Committee
41.2 Where a stand-down situation arises, all employees will be given the opportunity to access their available annual leave and/or long service leave entitlement prior to the employee being stood down.
41.3 Before CIC implement stand down provisions under this clause, CIC will fully investigate alternative options and these options will be communicated to the Consultative Committee for discussion.
42. Grievance/Dispute Procedure
42.1 In the event of a dispute arising between CIC and employee(s), any matter which remains in dispute after it has been considered jointly by the appropriate supervisor and by the employee(s) concerned shall then by examined by the Chief Executive Officer or appointed deputy.
42.2 If the dispute remains unsettled, CIC's representative shall ensure that the matter is recorded in writing in pertinent detail, while the employee(s) may notify the Consultative Committee or their Union representative of the nature and details of the matter in dispute.
42.3 If the dispute thereafter remains unresolved, the question shall be discussed between the Chief Executive and the relevant representative, each of whom shall take all reasonable steps to settle the dispute.
42.4 If the dispute remains unsettled after the procedure specified in subclause 42.3 hereof has been concluded, the matter shall be notified to the Commission.
42.5 While the procedures herein are being followed, all work shall continue normally.
42.6 The ultimate terms of settlement of the dispute shall not be affected in any way, nor shall the rights of any person involved in the dispute be affected by or prejudiced by the fact that normal work has continued without interruption.
42.7 If the dispute concerns questions of safety, it shall immediately be referred to the Chief Executive Officer, the supervisor and Safety Committee which shall consider and resolve the matter forthwith.
43. Health and Safety
43.1 Safety Equipment
Safety equipment provided by CIC will be utilised as directed by CIC.
43.2 Safety Procedures
Safety procedures shall be followed by all employees. Failure to acknowledge and adhere to safety policies shall be grounds for dismissal. Neglect of safety procedures that may lead to injury of other persons or employees shall be grounds for instant dismissal.
43.3 Employee's Duty
Notwithstanding CIC's responsibility, the employee has a duty:
43.3.1 to protect his/her own health and safety at work;
43.3.2 to avoid adversely affecting the health and safety of any other person or property through any act or omission at work; and
43.3.3 to report to CIC the use of medically prescribed drugs which may have an adverse effect on the employee's ability to work safely or normally.
43.4 An employee shall not, by the consumption of alcohol or a drug, be in such a state as to endanger his/her own safety at work or the safety of any other person at work. An employee who appears to CIC to be under the influence of alcohol or drugs shall be advised that he/she is not to commence or continue work until examined by a medical practitioner or a registered nurse as soon as practicable to ascertain the employee's fitness for work and any costs associated with the examination shall be borne by CIC. During this time the employee shall be stood down without pay; however, if the medical examination shows that the employee is not under the influence of drugs or alcohol, the employee shall be paid for the time lost.
43.5 First-aid Facilities
Suitable first-aid equipment in an hygienic container shall be available in each workplace/vehicle in a accessible place. This equipment should be regularly inspected and replenished as necessary by CIC.
44. Employment Records
44.1 Time, Salary Records and Inspection Rights
44.1.1 CIC shall keep, or cause to be kept, employment records in accordance with relevant legislation. CIC shall enter, or cause to be entered, in such a correct record of the hours worked and the salaries (including superannuation) paid to each employee to whom this Award applies. CIC shall, on the giving of reasonable notice, produce such record for inspection by an accredited Union official or Consultative Committee member approved by the employee and CIC for the sole purpose of investigating any breach or suspected breach of this Award. Records will not be available on paydays. The approval of the employee involved must also be provided.
44.1.2 If an employee's employment is terminated, CIC shall be required to hold records for that employee for three years after the employee's termination.
44.1.3 CIC shall keep sufficient record and detail of the employment relationship for the purpose of tracking accruals, use, etc., of annual leave, sick leave, long service leave and parental leave.
45. Union Fee Deductions
45.1 CIC shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
45.1.1 the employee has authorised CIC to make such deductions in accordance with paragraph 45.1.2 herein;

45.1.2 the Union shall advise CIC of the amount to be deducted for each pay period applying at CIC’s workplace and any changes to that amount;

45.1.3 deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
45.1.4 there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).
45.2 The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises CIC to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to CIC without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.
45.3 Moneys so deducted from employee's pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at CIC’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:
45.3.1 where CIC has elected to remit on a weekly or fortnightly basis, CIC shall be entitled to retain up to five per cent of the monies deducted; and
45.3.2 where CIC has elected to remit on a monthly or quarterly basis, CIC shall be entitled to retain up to 2.5 per cent of the monies deducted.
45.4 Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
45.5 The Union shall advise CIC of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly, as the case may be. The Union shall give CIC a minimum of two months' notice of any such change.
45.6 An employee may at any time revoke in writing an authorisation to CIC to make payroll deductions of Union membership fees.
45.7 Where an employee who is a member of the Union and who has authorised CIC to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to CIC in order for payroll deductions of union membership fees to cease.
45.8 This clause shall take effect from the beginning of the first pay period to commence on or after 24 November 2003.
46. Future Negotiation
The parties agree to commence discussions on future industrial regulation approximately three months prior to the nominal expiry of this Award. Without limiting those discussions, the parties may discuss extending this Award or alternatively developing an enterprise agreement(s) to operate in conjunction with, or independently of, this Award.
47. Joint Review of Conditions
47.1 It is the intention that during the period of this Award a Joint Review by CIC and the employees represented by the Consultative Committee of the operational requirements will be conducted. This will enable, after consultation with the Consultative Committee, the implementation of employment conditions and pay ranges that may be more specific to the wider application of CIC's operations. These will be based on CIC's unique customer focus service levels and its effective and efficient employment of staff.
47.2 The parties also agree that during the life of this Award CIC with the agreement of relevant employees and their Union representatives may trial new working arrangements to facilitate and accommodate the planned review of this Award.
47.3 Where such trials involve temporary variations to the terms of this Award, CIC will seek the prior agreement of the Unions whose members are involved which shall not be unreasonably withheld.
47.4 CIC and the Union(s) whose members are involved agree to progressively consolidate the outcome of all such trials prior to the planned review taking place.
48. Secure Employment
(a) Objective of this Clause
The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.
(b) Casual Conversion
(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.
(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.
(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.
(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.
(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(1) whether the employee will convert to full-time or part-time employment; and

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.
(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.
(c) Occupational Health and Safety
(i) For the purposes of this subclause, the following definitions shall apply:
(1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.
(2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.
(ii) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;
(2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;
(3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.
(d) Disputes Regarding the Application of this Clause
Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.
(e) This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.